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HomeMy WebLinkAbout28383-03-2026 - City Council - OrdinanceOrdinance No. 28383-03-2026 AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE WATER AND SEWER COMMERCIAL PAPER FUND BY DECREASING APPROPRIATIONS IN THE W&S COMMERCIAL PAPER PROJECT (CITY PROJECT NO. UCMLPR) IN THE AMOUNT OF $998,568.00 AND INCREASING APPROPRIATIONS IN THE COMMUNITY FACILITIES AGREEMENT BUCKET PROGRAMMABLE PROJECT (CITY PROJECT NO. P00001) 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 2025-2026, as enacted by Ordinance 27979-09-2025, as amended, is hereby further amended to make the following adjustments to appropriations in the Water and Sewer Commercial Paper Fund by decreasing appropriations in the W&S Commercial Paper project (City Project No. UCMLPR) in the amount of $998,568.00 and increasing appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) 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 27979-09-2025 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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: March 31, 2026 CITY SECRETARY Jannette S. Goodall City Secretary City of Fort Worth, Texas Mayor and Council Communication DATE: 03/31/26 M&C FILE NUMBER: M&C 26-0225 LOG NAME: 601NDCO 161NCH WATER LINE OVERSIZE SUBJECT (CD 10) Authorize Execution of a Community Facilities Agreement with City Participation in an Amount Up to $925,943.50 with GPFT HF Alliance 2026, LP for Oversizing a 16-Inch Water Main for Anticipated Future Growth in North Fort Worth, Adopt Resolution Expressing Official Intent to Reimburse Expenditures from Proceeds of Future Debt, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Community Facilities Agreement with City participation in an amount up to $925,943.50 with GPFT HF Alliance 2026, LP for oversizing a 16-inch water main for anticipated future growth in North Fort Worth; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future enterprise fund debt for the Community Facilities Agreement - INDCO 1-35 Eagle project; and 3. Adopt the attached appropriation ordinance adjusting estimated appropriations in the Water and Sewer Commercial Paper Fund by decreasing estimated appropriations in the Commercial Paper project (City Project No. UCMLPR) in the amount of $998,568.00 and increasing estimated appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) by the same amount for the purpose of funding the Community Facilities Agreement CFA-INDCO I- 35 Eagle project (City Project No. 106547) and to effect a portion of Water's contribution to the Fiscal Years 2026-2030 Capital Improvements Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to: (1) authorize execution of a Community Facilities Agreement (CFA) with GPFT HF Alliance 2026, LP (Developer) with City Participation in an amount up to $925,943.50, (2) adopt a resolution expressing official intent to reimburse expenditures with proceeds of future enterprise fund debt for the CFA-INDCO I- 35 Eagle project, and (3) adopt an appropriation ordinance to effect a portion of Water's Contribution to the Fiscal Years 2026-2030 Capital Improvement Program (CIP). Developer is constructing the Indco 1-35 Eagle development project located south of Eagle Parkway and east of North Freeway. The Developer is required to extend water main to serve the proposed development. The Water Department is requesting to oversize approximately 3,976 linear feet of water main from 12-inch to 16-inch for anticipated future growth in the area. The INDCO 1-35 Eagle water line project is assigned City Project No. 106547 and Accela System Record IPRC25-0170. In accordance with Chapter 212, Subchapter C of the Texas Local Government Code, the City's participation in the contract is exempt from competitive bidding requirements because the contract is for oversizing public improvements being constructed by the Developer, the Developer will execute a performance bond to cover the total project cost, including all of the City's cost participation, and the City's cost participation will be determined in accordance with the City's community facilities agreement (CFA) unit price ordinance. The City's cost participation in the oversizing of the water main is estimated to be in an amount up to $925,943.50 as shown in the table below. Payments to the Developer are estimated to be: $907,797.76 for construction costs, $696.59 for Infrastructure Plan Review Center (IPRC) fees, and $11,800.00 for design services costs. The City's cost participation also includes $5,649.15 to cover the City's portion of construction inspection service fees, water lab fees, and administrative material testing fees. An additional $72,623.82 in 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. Construction Developer Water Dept City Total Cost Cost 1. Water $915,654.24 $907,797.76 $1,823,452.00 2. Sewer $93,265.00 $0.00 $93,265.00 Contingency $0.00 $72,623.82 $72,623.82 Construction Fees: B. Construction Inspection Fee $45,562.50 $5,062.50 $50,625.00 C. Admin Material Testing Fee $4,216.68 $468.52 $4,685.20 D. Water lab Fee $1,063.12 $118.13 $1,181.25 E. IPRC Fees $6,269.33 $696.59 $6,965.92 F. Design Services $106,200.00 $11,800.00 $118,000.00 Total Project Cost $1,172,230.87 $998,567.32 $2,170,798.19 The reimbursement of the City participation 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 Capital Improvement Plan (CIP) throughout the Fiscal Year (FY), 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 2026-2030 CIP. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. Funding is available in the Commercial Paper project within the Water & Sewer Commercial Paper Fund for the purpose of funding the CFA-INDCO 1-35 Eagle project. Funding for the CFA-INDCO 1-35 Eagle water project is as depicted in the table below: Fund Existing Additional Project Total Appropriations Appropriations W&S Commercial Paper - Fund 56026 $0.00 $998,568.00 $998,568.00 Total $0.00 $998,568.00 $998,568.00 This project is in Council District 10. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Commercial Paper project within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Commercial Paper Fund for the CFA-INDCO 1-35 Eagle project to support the execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. City of Fort Worth, Texas Mayor and Council Communication DATE: 03/31/26 M&C FILE NUMBER: M&C 26-0225 LOG NAME: 601NDCO 161NCH WATER LINE OVERSIZE SUBJECT (CD 10) Authorize Execution of a Community Facilities Agreement with City Participation in an Amount Up to $925,943.50 with GPFT HF Alliance 2026, LP for Oversizing a 16-Inch Water Main for Anticipated Future Growth in North Fort Worth, Adopt Resolution Expressing Official Intent to Reimburse Expenditures from Proceeds of Future Debt, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Community Facilities Agreement with City participation in an amount up to $925,943.50 with GPFT HF Alliance 2026, LP for oversizing a 16-inch water main for anticipated future growth in North Fort Worth; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future enterprise fund debt for the Community Facilities Agreement -INDCO 1-35 Eagle project; and 3. Adopt the attached appropriation ordinance adjusting estimated appropriations in the Water and Sewer Commercial Paper Fund by decreasing estimated appropriations in the Commercial Paper project (City Project No. UCMLPR ) in the amount of $998,568.00 and increasing estimated appropriations in the Community Facilities Agreement Bucket programmable project (City Project No. P00001) by the same amount for the purpose of funding the Community Facilities Agreement CFA-INDCO 1-35 Eagle project (City Project No. 106547) and to effect a portion of Water's contribution to the Fiscal Years 2026-2030 Capital Improvements Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to: (1) authorize execution of a Community Facilities Agreement (CFA) with GPFT HF Alliance 2026, LP (Developer) with City Participation in an amount up to $925,943.50, (2) adopt a resolution expressing official intent to reimburse expenditures with proceeds of future enterprise fund debt for the CFA-INDCO 1-35 Eagle project, and (3) adopt an appropriation ordinance to effect a portion of Water's Contribution to the Fiscal Years 2026-2030 Capital Improvement Program (CIP). Developer is constructing the Indco 1-35 Eagle development project located south of Eagle Parkway and east of North Freeway. The Developer is required to extend water main to serve the proposed development. The Water Department is requesting to oversize approximately 3,976 linear feet of water main from 12-inch to 16-inch for anticipated future growth in the area. The INDCO 1-35 Eagle water line project is assigned City Project No. 106547 and Accela System Record IPRC25-0170. This project has been publicly bid. The City's cost participation in the oversizing of the water main is estimated to be in an amount up to $925,943.50 as shown in the table below. Payments to the Developer are estimated to be: $907,797.76 for construction costs, $696.59 for Infrastructure Plan Review Center (IPRC) fees, and $11,800.00 for design services costs. The City's cost participation also includes $5,649.15 to cover the City's portion of construction inspection service fees, water lab fees, and administrative material testing fees. An additional $72,623.82 in 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. Construction I1. Water I2. Sewer (Contingency (Construction Fees: B. Construction Inspection Fee Developer Water Dept City Total Cost Cost Cost $915,654.24 $907,797.76 $1,823,452.00 $93,265.00 $0.00 $93,265.00 $0.00 $72,623.82 $72,623.82 $45,562.50 $5,062.50 $50,625.00 C. Admin Material Testing Fee $4,216.68 $468.52 $4,685.20 ID. Water lab Fee $1,063.12 $118.13 $1,181.25 IE. IPRC Fees $6,269.33 $696.59 $6,965.92 IF. Design Services $106,200.00 $11,800.00 $118,000.00 ITotal Project Cost $1,172,230.87 $998,567.32$2,170,798.19 The reimbursement of the City participation 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 Capital Improvement Plan (CIP) throughout the Fiscal Year (FY), 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 2026-2030 CIP. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. Funding is available in the Commercial Paper project within the Water & Sewer Commercial Paper Fund for the purpose of funding the CFA- INDCO 1-35 Eagle project. Funding for the CFA-INDCO 1-35 Eagle water project is as depicted in the table below: Existing Additional Fund Appropriations Appropriations Project Total W&S Commercial Paper - Fund 56026 $0.00 $998,568.00 $998,568.00 Total $0.00 $998,568.00 $998,568.00 This project is in Council District 10. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Commercial Paper project within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in W&S Commercial Paper Fund for the CFA-INDCO 1-35 Eagle project to support the execution of the agreement. Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Christopher Harder 5020 Additional Information Contact: Suby Varughese 8009 Elynn Ray 7856