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HomeMy WebLinkAboutOrdinance 26872-04-2024Ordinance No. 26872-04-2024 AN ORDINANCE ADJUSTING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER & SEWER BOND 2020A FUND, BY INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE COMMUNITY FACILITIES AGREEMENT BUCKET PROGRAMMABLE PROJECT (CITY PROJECT NO. P00001) IN THE AMOUNT OF $2,843,261.00 AND DECREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE UNSPECIFIED -ALL FUNDS PROJECT (CITY PROJECT NO. UNSPEC) 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 the budget of the City of Fort Worth for Fiscal Year 2023-2024, as enacted by Ordinance 26453-09- 2023, as amended, is hereby further amended to make the following adjustments to estimated receipts and appropriations in the Water & Sewer Bond 2020A Fund, by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $2,843,261.00 and decreasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No. UNSPEC) by the same amount. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion orj udgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 26453-09-2023 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY .C;0uUnaA ,� SORT oH;O���qq Richard McCracken (Apr 30, 2024 21r,M CDT) /�I Opb Y Jannette S. Goodall p 6 oo ` Assistant City Attorney City Secretary �o O O ADOPTED AND EFFECTIVE: April 23, 2024 0�0 *qbpQopo00 p. .. e. o 0 EVERLY ,: ;z ° q } PRIMROSE. zoi'5 y 1 GARDENZ - � � ttit, kl of ^ . a `� BEAKED' FLEET HILL 0 f ' C� rJ ' ��1 �� ✓J IPIt IS STARGAZER p '' m GEAiTf2' o d ':lA. p "� LZ 2 spa : �� � ✓�� = BE {,!-AVRE yyr�f L 'CODER+CK0. i ,E TEAS EY ' Mom. � v . ,✓, - -Q POT '•�'C I, �J:Y° rr�Frzr- ram' W�q ° • k r 312612024' Morningstar Westpoint FORTWORTH - FIZF�REFR(:�L!:ilOfi lSAVt!sNl IPtJ 6FAFFr��- r. Ng ?iJl^GA.7IRA'1 F.E�I.ECF(yreA FNI LISRI,,I)ATA PR, fAiCEPF,-,P 24-inch Sewer Oversize ! T Ir,r (.!JRAr C FS I)11 FE TA 3PAPi1 APR EPRE PREIA11,W[O NL� . Wf�fCR I F�i11rr RNPJRP",L-, 5+ ARE OI$TFR[R(.TEI:KIIAAp :ukv":R �,5k 83.6% City Participation 0 S. .l, _ City of Fort Worth, Texas Mayor and Council Communication DATE: 04123124 M&C FILE NUMBER: M&C 24-0362 LOG NAME: 60MORNINGSTAR WESTPOINT 24INCH SEWER IMPROVEMENTS 8UBJEC� (MUD 1 and 2 Near CD 3) Authorize Execution of a Community Facilities Agreement with FG Aledo Development, LLC, with City Participation in the Amount Not to Exceed $2,385,486.12 for Oversizing 12-inch and 15-inch Sewer Mains to a 24-inch Sewer Main Along Westpoint Boulevard in the Morningstar Development, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2024- 2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Community Facilities Agreement with FG Aledo Development LLC with City participation in an amount not to exceed $2,385,486.12 for oversizing 124nch and 15-inch sewer mains to a 24-inch sewer main along Westpoint Boulevard in the Morningstar Development; and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water & Sewer Bond 2020A Fund by increasing estimated receipts and appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) in the amount of $2,843,261.00 and decreasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No. UNSPEC) by the same amount forthe purpose of funding the Community Facilities Agreement— CFA MORNINGSTAR DEV OS SS project (City Project No.105124) and to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvements Program. DISCUSSION: FG Aledo Development, LLC (Developer) is constructing the Morningstar development project located east of Farmer Road 3325 and south of Westpoint Boulevard. The City is participating in the public sewer improvements to oversize 12-inch and 15-inch sewer mains to a 24-inch sewer main located along Westpoint Boulevard to create capacity for additional developments to the west of Morningstar development. The City will cost participate in the oversizing of 4,028 linear feet of the 24-inch sewer main, with the cost allocation estimated to be at 16.4% for the Developer and 83.6% for the City. The City's calculation for City participation is in accordance with the City's Community Facilities Agreement (CFA) unit price ordinance number 23657-05-2019. The Morningstar Westpoint 244nch sanitary sewer line project is assigned City Project No. 105124 and Accela System Record IPRC23-0151. This project has been publicly bid. The City's cost participation in oversizing the sewer main is estimated to be in an amount not to exceed $2,385,486.12 as shown in the table below. Payments to the Developer are estimated to be $2,288,871.53 for construction costs and $45,777.43 for material testing. The City's cost participation also includes $50,837.16 to cover the City's portion of construction inspection service fees, and administrative material testing fees. An additional $457,774.31 in the contingency funds will cover the City's portion of any change orders. The following table shows the cost -sharing breakdown for the project between all parties: A. Public Developer City Cost Total Cost Improvements Cost Unit 2- Sewer with City Participation $449,013.07 $2,288,871.53 $2.737,884.60 Unit 2-Sewer without City Part. $7,200.00 $0.00 $7,200,00 Total Construction $456,213.07 $2,288,871.53 $2,745,084.60 Contingency $0.00 $457,774.31 $457,774.31 B. Inspections & Testing 1. Construction Inspection Fee $9,249.60 $47,150.40 $56,400.00 2. Admin Material Testing Fee $723.24 $3,686.76 $4.410.00 3. Material Testing Cost $0.00 $45,777.43 $45,777.43 4. Water Lab Fee $0.00 $0.00 $0.00 Total Project Cost 1$466,185.91 $2,843,260.43 $3,309,446.34 *Numbers will be rounded up for accounting purposes. The reimbursement of the City participation, excluding inspection and material testing fees, is not a lump -sum amount and may be less than the stated amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet package. 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 Mayor & Council Communication (M&C) will appropriate funds in support of the Water Department's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvements Program, as follows: 60MORNINGSTAR WESTPOINT 241NCH SEWER IMPROVEMENTS Capital Fund Name Project Name FY2024 CIP Authority Budget Change Revised FY2024 Appropriations (Increase/ Decrease) Budget 56017 - Water & Sewer 105124 - CFA- MORNINGSTAR $0.00 This M&C $2,843,261.00 $2,843,261.00 Bond 2020A DEV OS SS Funding is available in the Unspecified -All Funds project within the Water & Sewer Bond 2020A Fund for the purpose of funding the CFA- MORNINGSTAR DEV OS SS project. Funding for the Community Facilities Agreement (CFA) — MORNINGSTAR DEV OS SS project as depicted in the table below: FUND Existing Appropriations Additional Appropriations Project Total* Water & Sewer Bond 2020A - Fund 56017 $0.00 $2,843,261.00 $2,843,261.00 Project Total IF $0.00 $2,8431261.00 $2,843,261.00 *Numbers rounded for presentation purposes. BUSINESS EQUITY- The project is listed on the Development Services WAIVERS exception List in agreement between Development Services and Business Equity prior to the new ordinance. This project is located in Morningstar Ranch Municipal Utility Districts (MUD) No.1 and 2 near COUNCIL DISTRICT 3. FISCAL INFORMATION 1 CE13TIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the Water & Sewer Bond 2020A Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in Water & Sewer Bond 2020A Fund for the CFA-MORNINGSTAR DEV OS SS project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office W Fernando Costa 6122 O UMIn_g Business Unit Head: Chris Harder 5020 Additional Information Contact: Suby Varughese 8009 Melissa Harris 8428