HomeMy WebLinkAboutOrdinance 25099-09-2021ORDINANCE NO. 25099-09-2021
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS TN THE WATER AND SEWER ENDOWMENT GAS LEASE
FUND IN THE AMOUNT OF $434,123.17, FROM AVAILABLE FUNDS, FOR THE
PURPOSE OF MAKING A TRANSFER TO THE WATER AND SEWER GAS
LEASE CAP PROJECTS FUND FOR USE ON ELIGIBLE PROJECTS;
PROVLDING 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 Water
and Sewer Endowment Gas Lease Fund in the amount of $434,123.17, from available funds, for the purpose
of making a transfer to the Water and Sewer Gas Lease Cap Projects Fund for use on 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said prior ordinances and appropriations are hereby expressly repealed.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:
Assistant City Attorney
ADOPTED AND EFFECTIVE: September 21. 2021
CITY SECRETARY
Ronald P. Gonzales
Acting City Secre
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/21/21 M&C FILE NUMBER: M&C 21-0699
LOG NAME: 13GAS WELL TRUST DISTRIBUTION 2021
SUBJECT
(ALL) Authorize Distribution in the Amount of $3,812,143.66 of Income From the City's Mineral Revenue Trust Known as the City of Fort Worth
Permanent Fund for Projects Meeting Designated Purposes and Adopt Attached Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize distribution in the amount of $3,812,143.66 in income from the City's Mineral Trust Fund, the Fort Worth Permanent Fund,
commensurate with the terms of the amended trust document; and
2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the listed Gas Lease Endowment Funds
in the cumulative amount of $3,812,143.66 for the purpose of transferring to their respective Gas Lease Capital Projects Funds, and the
General Endowment Fund for the purpose of transferring to the General Fund to fund arts programming, in accordance with the City Council
approved Financial Management Policy Statements, allocations are as follows:
• Aviation Endowment Gas Lease Fund in the amount of $1,608,794.17, for transfer to the Aviation Gas Lease Cap Projects Fund;
• Park System Endowment Gas Lease Fund in the amount of $435,585.63, for transfer to the Park and Recreation Department Gas
Lease Cap Projects Fund ($280,259.38 for the restricted Parks Project; $155,326.25 for the unrestricted Parks Project);
• Water and Sewer Endowment Gas Lease Fund in the amount of $434,123.17, for transfer to the Water and Sewer Gas Lease Cap
Projects Fund; and
• General Endowment Gas Lease Fund in the amount of $1,333,640.69, for transfer to the General Fund for Arts programming.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to take action to distribute and appropriate income from the City's mineral
revenue trust fund so that the income can be used to fund eligible projects and other approved activities. This M&C gives permission for the funds
to be disbursed from the trust accounts and then transferred to the appropriate capital projects and to the General Fund for arts programming. It
does not authorize any expenditures. The departments that receive the revenue from this distribution will seek authorization for appropriate
expenditures at a later date.
In 2008, the City Council adopted amendments to the City's Financial Management Policy Statements (FMPS) to establish a Mineral Revenue
Trust Fund known as The Fort Worth Permanent Fund (M&C G-16013). The City Council subsequently authorized executing an agreement with
Wells Fargo Bank, N.A. (Wells Fargo), to serve as Corporate Trustee (M&C P-11467), and all of the accumulated money that had been
designated for inclusion in the Trust was transferred to Wells Fargo in June 2013.
In accordance with the terms of the written Trust Agreement and the FMPS, the Fund is maintained as a consolidated account and divided into five
sub -accounts. Money in the Trust is invested in accordance with the City Council adopted Investment Policy and Strategy for the Fund.
Under the terms of the Trust Agreement, the Trustee works with the City's Chief Financial Officer (CFO) to determine the amount of income
available for distribution each year. Then a recommendation is made to the City Council for distribution procedures for the different funds of the
Trust consistent with the goal to preserve, as well as increase, the principal of the Trust. Expenditure of distributed income is subject to the FMPS,
with the dollars generally being available only for funding one-time program initiatives, capital projects that comply with certain listed requirements
and, in the case of distributions from the general endowment, arts programming.
Wells Fargo has worked with the CFO to identify available income, and staff in the Financial Management Services Department has consulted with
other City departments to develop recommendations regarding allocation of the distributable income. This distribution includes no corpus of the
Trust, rather it relates only to income received from the investments within the Trust itself.
The following actions are recommended for available Trust income in each of the designated sub -accounts:
1. The Aviation Endowment Gas Lease Fund - distribution of income totaling $1,608,794.17 for use toward capital projects.
2. The Park System Endowment Gas Lease Fund - distribution of income totaling $435,585.63 ($280,259.38 from restricted parks;
$155,326.25 from unrestricted parks) for expenditure in accordance with the City Council approved Financial Management Policy
Statements.
3. The Water and Sewer Endowment Gas Lease Fund - distribution of income totaling $434,123.17 for use toward capital projects.
4. The General Endowment Gas Lease Fund - distribution of income totaling $1,333,640.69 for use toward arts programming needs paid for
within the General Fund.
The Nature Center Endowment Gas Lease Fund does not currently have any income available for distribution.
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 Aviation, PARD, Water/ Sewer, and General Endowment Gas Lease
Funds and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the
Aviation, PARD, and Water/Sewer Gas Lease Capital Projects Funds and the General Fund. Prior to an expenditure being incurred, the Financial
Management Services Department has the responsibility of verifying the availability of funds.
Submitted for City Manaaer's Office bv: Jay Chapa 5804
Oriainatina Business Unit Head:
Additional Information Contact:
Reginald Zeno 8517
John Samford 2318