HomeMy WebLinkAboutOrdinance 27259-10-2024Ordinance No. 27259-10-2024
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE WATER & SEWER COMMUNITY FACILITIES AGREEMENT FUND, IN THE
AMOUNT OF $10,851,796.96, FROM AVAILABLE HILLWOOD DEVELOPMENT
CORPORATION CONTRIBUTIONS WITHIN THE WESTLAKE-HILLWOOD PROJECT
(CITY PROJECT NO.102518), FOR THE PURPOSE OF FUNDING THE NORTHSIDE II
WATER MAIN ALONG STATE HIGHWAY 170 PROJECT (CITY PROJECT NO. 100261)
BY $9,867,577.96 AND IN THE NORTHSIDE II WATER TRANSMISSION MAIN
EXTENSION NORTHLAKE PROJECT (CITY PROJECT NO. 103968) BY $984,219.00 TO
FUND ELIGIBLE PROJECTS BENEFITTING THE TOWN OF WESTLAKE; 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 2024-2025 in the Budget of
the City Manager, there shall also be increased estimated receipts and appropriations in the Community
Facilities Agreement Fund in the amount of $10,851,796.96, from available Hillwood Development Corporation
contributions within the Westlake-Hillwood project (City Project No.102518), for the purpose of funding the Northside
H Water Main Along State Highway 170 project (City Project No. 100261) by $9,867,577.96 and in the Northside II
Water Transmission Main Extension Northlake project (City Project No. 103968) by $984,219.00 to fund eligible
projects beneftting the Town of Westlake.
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 27107-09-2024 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are hereby expressly repealed.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:
--pu mIk--
Denis McEIroy
Sr. Assistant City Attorney
ADOPTED AND EFFECTIVE: October 29, 2024
CITY SECRETARY
Jannette S. Goodall
City Secretary
OF
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/29/24 M&C FILE NUMBER: M&C 24-0938
LOG NAME: 60WATER HILLWOOD FUNDS APPROPRIATION
SUBJECT
(CD 10, CD 2 and CD 7) Adopt Appropriation Ordinances to Replace $10,851,796.96 in Previously Appropriated Funds with Eligible Restricted
Revenues Received from Hillwood Development Corporation for Projects Benefiting the Town of Westlake to Effect a Portion of Water's
Contribution to the Fiscal Years 2025-2029 Capital Improvement Program
RECOMMENDATION:
It is recommended that City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water & Sewer Community
Facilities Agreement Fund in the Northside 11 Water Main Along State Highway 170 project (City Project No. 100261) by $9,867,577.96 and
in the Northside II Water Transmission Main Extension Northlake project (City Project No. 103968) by $984,219.00 from available Hillwood
Development Corporation contributions within the Westlake-Hillwood project (City Project No.102518) for the purpose of funding eligible
projects benefitting the Town of Westlake;
2. Adopt the attached appropriation ordinance decreasing estimated receipts and appropriations in the Northside 11 Water Main Along State
Highway 170 project (City Project No. 100261) within the Water and Sewer Capital Projects Fund in the amount of $1,969,820.96, for the
purpose of substituting funding sources and to make revenues available for other eligible Water and Sewer projects;
3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water and Sewer Revenue Bonds 2022
Fund by increasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No. UNSPEC) in the amount of
$5,398,659.00 and decreasing estimated receipts and appropriations in the Northside 11 Water Main Along State Highway 170 project (City
Project No. 100261) by the same amount forthe purpose of substituting funding sources and to make debt proceeds available for other
eligible Water and Sewer projects;
4. Adopt the attached appropriation ordinance decreasing estimated receipts and appropriations in the Northside it Water Main Along State
Highway 170 project (City Project No. 100261) within the Water Capital Fund by $2,499,098.00, for the purpose of substituting funding
sources and to make revenues available for other eligible Water and Sewer projects;
5. Authorize the move of available PayGo residuals within the Unspecified -All Funds project (City Project No. UNSPEC) in the Water Capital
Fund in the amount of $2,499,098.00 to the Unspecified -All Funds project (City Project No. UNSPEC) in the Water & Sewer Capital Projects
Fund in order to facilitate the clean-up and close-out of the City's legacy capital project funds; and
6. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Water and Sewer Revenue Bonds
Series 2021 Fund by increasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No. UNSPEC) in
the amount of $984,219.00 and decreasing estimated receipts and appropriations in the Northside II Water Transmission Main Extension
Northlake project (City Project No. 103968) by the same amount for the purpose of substituting funding sources and to make debt proceeds
available for other eligible Water and Sewer projects to effect a portion of Water's contribution to the Fiscal Years 2025 2029 Capital
Improvement Program.
DISCUSSION:
In late 1998, as part of an agreement settling multiple lawsuits that included the Town of Westlake, the City of Fort Worth, and Hillwood
Development Corporation and related entities, Hillwood Development Corporation assumed an obligation to make a series of payments over the
course of multiple years to provide funds to the City of Fort Worth for improvements to the City's water system to provide additional capacity to
serve the Town of Westlake in accordance with a water contract executed between Fort Worth and Westlake.
As of July 2024, a total of $11,741,427.00 exists in the Westlake-Hillwood project (City Project No.102518) as a result of this agreement.
Approval of this Mayor & Council Communication (M&C) and adoption of the attached ordinances will (i) appropriate $10,851,796.96 of these
funds to two projects that meet the criteria of the settlement and benefit the Town of Westlake: the Northside 11 Water Main Along State Highway
(SH)170 and the Northside II 24" Extension Northlake projects; and (ii) free up the funds that had originally been appropriated for these projects so
that they may be utilized for other eligible Water and Sewer projects.
Citt Project No. 100261 - Northside II Water Main A(onq SH170
The Northside II Water Main Along SH170 project (City Project No. 100261), was originally approved for a 30-inch Water Transmission Main along
highway 170 (SH170) from N. Beach Street to US377 on November 8, 2016 with M&C C-27985. Existing amended wholesale water contracts
with Trophy Club Municipal District No.1 (City Secretary Contract41111) and the Town of Westlake (City Secretary Contract No. 41112) require the
wholesale customer to cost participate toward the additional capacity from future Fort Worth water transmission mains which serve their
communities (approved per M&C C-27783 on June 21, 2016). These wholesale customers requested increased capacity from the Northside II
30-inch water main and have participated in the cost of the project accordingly.
The project was expanded to cover 0.5 miles east of Interstate Highway 35W to Trophy Club Lake Drive to accommodate the Texas Department of
Transportation's construction of the SH 170 four main lanes and associated improvements which required relocation of four water mains at Beach
Street, Alta Vista Road, Westport Parkway and Independence Parkway (per M&C 20-0168 approved on April 7, 2020). The project's scope had
to subsequently be amended to include the relocation at these four conflict locations.
Hillwood Development Corporation funds in the amount of $9,867,577.96 will now be used to replace previous City appropriations.
This project is located in COUNCIL DISTRICT 10.
City Project No. 103968 - Northside IT Water Transmission Main Extension Northlake
Due to increased growth and demand for additional water, the Town of Northlake requested additional connection points and water supplies. An
amendment to theirwholesale contract was executed on January 10, 2023, M&C 23-0047. The City is currently participating in costs related to the
design and easements. An M&C will be submitted in the future to include the City participation for the construction costs.
Hillwood Development funds in the amount of $984,219.00 will now be used to replace previous City's appropriations.
This project is located in COUNCIL DISTRICTS 2 and 7.
Prolect Ai3pronrlations Before and After This M&C*
Northside II Water Main along SH170 project:
Existing
Adjustments —
Fund
Appropriations,Increases/(Decreases)
Project Total*
from this M&C
W&S
Community
Facilities
$0.00
$9,867,577.96
$9,867,577.96
Agmt —
Fund
56008
W&S
Capital
Projects—
$1,969,820.96
($1,969,820.96)
$0.00
Fund
56002
W&S Rev
Bonds
Series
2022 —
$5,398,659.00
($5,398,659.00)
$0.00
Fund
56020
Water
Capital —
Fund
$8 372 830.03
($2,499,098.00)
$5,873,732.03*'
59601
Project
Total
$15,741309.99
$0.00
$15,741,309.99
**These previously appropriated funds, which will remain in the project following adoption of this M&C, represent contributions from other customer
cities who also benefit from this project.
Northside II 24" Water Transmission Main Extension Northlake project:
Existing
Adjustments —
Project
Fund
Appropriations
Increases/(Decreases)
Total`
Totl*
from this M&C
W&S
Community
Facility Agmt —
$0.00
$984,219.00
$984,219.00
Fund 56008
W&S Rev
Bonds Series
2021 — Fund
$984,219.00
($984,219.00)
$0.00
56019
Project Total
$984,219.00
$0.00
$984,219.00
*Numbers in charts may be rounded for presentation purposes.
The project is located in COUNCIL DISTRICTS 2, 7 and 10.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Westlake-Hillwood project within the W&S Community Facilities Agmt
Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the W&S
Community Facilities Agmt Fund for the NSII Water Main Along SH170 and NSII 24 WTM Exten. Northlake 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: Fernando Costa 6122
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Norma Naylor 2748