HomeMy WebLinkAboutOrdinance 26378-08-2023ORDINANCE NO. 26378-08-2023
AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE WATER & SEWER REVENUE BOND SERIES 2023
FUND, BY INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE WESTSIDE WATER TREATMENT PLANT GENERATORS AND
EMERGENCY PREPARATION PLAN FOR POWER GENERATION AT THE
NORTH AND SOUTH HOLLY WATER TREATMENT PLANTS MAIN PROJECT
(CITY PROJECT NO. 103410) IN THE AMOUNT OF $24,003,460.00 AND
DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
COMMERCIAL PAPER PROJECT (CITY PROJECT NO. UCMLPR) BY THE
SAME AMOUNT; 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 2022-2023 in the
Budget of the City Manager, there shall also be adjusted estimated receipts and appropriations in the Water &
Sewer Revenue Bond Series 2023 Fund, by increasing estimated receipts and appropriations in the Westside
Water Treatment Plant Generators and Emergency Preparation Plan for Power Generation at the North and
South Holly Water Treatment Plants Main project (City Project No. 103410) in the amount of $24,003,460.00
and decreasing estimated receipts and appropriations in the Commercial Paper project (City Project No.
UCMLPR) by the same amount.
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 25773-09-2022 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said prior ordinances and appropriations are hereby expressly repealed.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:
' l
Mack (Aug 29, 202312:53 CDT)
Douglas W. Black
Senior Assistant City Attorney
CITY SECRETARY
Jannette S. Goodall
City Secretary
0
ADOPTED AND EFFECTIVE: August 22, 2023 QA
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/22/23 M&C FILE NUMBER: M&C 23-0703
LOG NAME: 60WATER APPROPRIATION CORRECTION
SUBJECT
(CD 3, 5, 6, 7, 8 and 9) Authorize Repeal of Appropriation Ordinances 26188-05-2023 to Appropriate Funds for the Eagle Mountain and
Westside Water Treatment Plants Weatherproof Enclosures, 26248-06-2023 to Appropriate Funds for the Digester Improvements Project, and
26250-06-2023 to Appropriate Funds for the Westside Water Treatment Plant Generators and Emergency Preparation for Power Generation at
the North and South Holly Water Treatment Plants Main Project and Adopt Replacement Ordinances to Make Technical Corrections.
RECOMMENDATION:
It is recommended that the City Council:
1. Repeal appropriation ordinances 26188-05-2023 (as adopted by M&C 23-0416), 26248-06-2023 (as adopted by M&C 23-0498), and
26250-06-2023 (as adopted by M&C 23-0500), each of which contained a technical error;
2. Adopt the attached appropriation ordinance (replacing 26188-05-2023) adjusting estimated receipts and appropriations in the Water &
Sewer Revenue Bond Series 2023 Fund by increasing estimated receipts and appropriations in the Eagle Mountain and Westside Water
Treatment Plants Weatherproof Enclosures (City Project No. 103335) in the amount of $99,580.00 and decreasing estimated receipts and
appropriations in the Commercial Paper project (City Project No. UCMLPR) by the same amount;
3. Adopt the attached appropriation ordinance (replacing 26248-06-2023) increasing estimated receipts and appropriations in the Water &
Sewer Capital Projects Fund by $4,122,829.54, from available funds, for the purpose of funding the Digester Improvements project (City
Project No. 102652); and
4. Adopt the attached appropriation ordinance (replacing 26250-06-2023) adjusting estimated receipts and appropriations in the Water &
Sewer Revenue Bond Series 2023 Fund by increasing estimated receipts and appropriations in the Westside Water Treatment Plant
Generators and Emergency Preparation Plan for Power Generation at the North and South Holly Water Treatment Plants Main project (City
Project No. 103410) in the amount of $24,003,460.00 and decreasing estimated receipts and appropriations in the Commercial Paper
project (City Project No. UCMLPR) by the same amount.
5. To effect a portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to repeal and replace recently adopted appropriation ordinances that contained
technical errors and adopt updated appropriation ordinances to take their place. All of the errors involve the "unspecified" project, which had been
recently replaced at the time the M&Cs in question were approved.
M&C 23-0416/0rdinance 26188-05-2023
On May 23, 2023, the City Council approved M&C 23-0416, which included ordinance 26188-05-2023, associated with Recommendation #2.
The ordinance referred to decreasing receipts and appropriations in "the Unspecified -All Funds project (City Project No. UNSPEC)" to offset a
$99,580.00 increase in receipts in appropriations in the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures project
(City Project No.103335). That reference should have been to a reduction in the Commercial Paper project (City Project No. UCMLPR) instead of
the Unspecified project (City Project No. UNSPEC). Repeal of ordinance 26188-05-2023 and adoption of the ordinance associated with
recommendation #2 will correct this error.
The project is located in COUNCIL DISTRICTS 3 & 7 and the City's Extra Territorial Jurisdiction.
M&C 23-0498/0rdinance 26248-06-2023
On June 13, 2023, the City Council approved M&C 23-0498, which included ordinance 26248-06-2023, associated with Recommendation #7.
That recommendation and the associated ordinance indicated a $4,122,829.54 increase in the Digester Improvements project (City Project No.
102652) of the Water & Sewer Capital Projects Fund was being offset by a decrease in "the Unspecified -All Funds project (City Project No.
UNSPEC)."
In fact, the intent had been to use available funds in the Unspecified -All Funds project (City Project No. UNSPEC), thereby increasing the Fund's
total appropriation rather than "adjusting" amounts between previously appropriated projects. Approval of this M&C and adoption of the ordinance
associated with recommendation #3 will enact the appropriation that was originally intended.
This project is located in COUNCIL DISTRICT 5.
M&C 23-0500/0rdinance 26250-06-2023
On June 13, 2023, the City Council approved M&C 23-0500, which included ordinance 26250-06-2023, associated with Recommendation #4.
That recommendation and associated ordinance, indicated that a $24,003,460.00 increase in the Westside Water Treatment Plant Generators
and Emergency Preparation Plan for Power Generation at the North and South Holly Water Treatment Plants Main project (City Project No.
103410) in the Water & Sewer Revenue Bonds Series 2023 Fund was to be offset by a decrease "in the Unspecified -All Funds project (City
Project No. UNSPEC)". That reference should have been a reduction in the Commercial Paper project (City Project No. UCMLPR) instead of the
Unspecified Project (City Project No. UNSPEC). Repeal of ordinance 26250-06-2023 and adoption of the ordinance associated with
recommendation #4 will correct this error.
The project is located in COUNCIL DISTRICTS 3, 6,8 and 9.
It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance as
projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in
support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program, as follows:
Capital
Fund
Project
Name
FY2023 CIP
Appropriations
Authority
BudgetRevised
Change
(Increase/
23
Name
Decrease)
Budget
Budgeett
56021
— W&S
103335 - EM
Rev
& WS
$0.00
This M&C
$99,580.00
$99,580.00
Bond
Weatherproof
Series
Enclosures
2023
Funding is currently available in the Commercial Paper project within the Water & Sewer Bond Series 2023 fund for the purpose of funding the
Eagle Mountain & Westside Weatherproof Enclosures project.
Funding for the Eagle Mountain and Westside Water Treatment Plants Weatherproof Enclosures are as depicted below:
Fund
Existing
Appropriations
Additional
Appropriations
Project Total*
W&S Capital
Projects - Fund
$129,724.00
$0.00
$129,724.00
56002
W&S Rev Bonds
Series 2022 - Fund
$9,144,089.00
$0.00
$9,144,089.00
56020
W&S Rev. Bond
Series 2023 — Fund
$0.00
$99,580.00
$99,580.00
56021
Project Total
$9,273,813.00
$99,580.00
$9,373,393.00
*Numbers rounded for presentation purposes.
Capital
Fund
Name
Project
Name
FY2023 CIP
Appropriations
Authority
Budget
Change (Increase/Decrease)
Revised
FY2023
Budget
W&S
Capital
102652 —
Projects
Digester
$0.00
This M&C
$4,122,829.54
$4,122,829.54
- Fund
Improvements
56002
Appropriations for Digester Improvements project are as depicted below:
Fund
Existing
Additional
Project Total*
Appropriations
Appropriations
Water/Sewer Gas
Lease Cap Project
$16,763,858.00
$0.00
$16,763,858.00
— Fund 53004
W&S Capital
Projects - Fund
$0.00
$4,122,829.54
$4,122,829.54
56002
W&S Rev Bonds
Series 2021 — Fund
$1,020,150.00
$0.00
$1,020,150.00
56019
W&S Rev Bonds
Series 2022 — Fund
$2,218,432.00
$0.00
$2,218,432.001
56020
W&S Rev Bonds
Series 2023 —Fund
$25,000,000.00
$0.00
$25,000,000.00
56021
Sewer Capital
Legacy —Fund
$1,284,942.08
$1,284,942.08
59607
Project Total
$46,287,382.08
$4,122,829.54
1
$50,410,211.62
Funding is currently available in the Unspecified -All Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding the
Digester Improvements project.
*Numbers rounded for presentation purposes.
Capital
Project
FY2023 CIP
Budget Change
Revised
Fund
Authority
Name
Name
Appropriations
(Increase/Decrease)
Budget
Budget
B
W&S
103410
Rev
WS
Bonds
Gen &
Series
Emer
$0.00
This M&C
$24,003,460.00
$24,003,460.00
2023 -
pre p
Fund
Plan
56021
Funding is currently available in the Commercial Paper project within the Water & Sewer Revenue Bonds Series 2023 Fund for the purpose of
funding the Westside Generator and Emergency Preparation Plan project.
Funding for the project is depicted below:
Existing
Additional
Fund
Appropriations
Appropriations
Project Total*
W&S Capital
Project Fund
$12,814,614.00
$0.00
$12,814,614.00
56002
W&S Rev Bonds
Series 2022 -
$3,792,978.00
$0.00
$3,792,978.00
Fund 56020
W&S Rev Bonds
Series 2023 -
$1,945,967.00
$24,003,460.00
$25,949,327.00
Fund 56021
Project Total
$18,553,559.00
$24,003,460.00
$42,557,019.00
*Numbers rounded for presentation purposes.
The project is located in Council Districts 3, 5, 6, 7, 8 and 9.
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 Commercial Paper project within the W&S Rev Bonds Series 2023 Fund
and in the Unspecified -All Funds project within the Water & Sewer Capital Projects Fund, and upon approval of the above recommendations and
adoption of the attached appropriation ordinances, funds will be available in the W&S Rev Bonds Series 2023 Fund for the EM & WS
Weatherproof Enclosure project and the WS Gen & Emer Prep Plan project and funds will be available in the W&S Capital Projects Fund for the
referenced projects. Prior to any 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: Norma Naylor 2748
Expedited