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HomeMy WebLinkAboutOrdinance 21918-09-2015 ORDINANCE NO. 21918-09-2015 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE DEVELOPER CONTRIBUTION FUND IN THE AMOUNT OF $2,500,000.00, FROM AVAILABLE FUNDS, FOR THE PURPOSE OF FUNDING FISCAL YEAR 2016 PROJECTS THAT ARE PAID FROM DEVELOPER CONTRIBUTIONS; AUTHORIZING THE CHIEF FINANCIAL OFFICER TO MAKE CERTAIN TRANSFERS AND ALLOCATIONS UP TO BUDGETED AMOUNTS; 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 2015-2016 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Developer Contribution Fund in the amount of $2,500,000.00, from available funds, for the purpose of funding Fiscal Year 2016 projects that are paid from developer contributions, with such appropriations shown more fully as follows: DEVELOPER CONTRIBUTION FUND REVENUES: Developer Contributions and Fees $2,500,000 Contributions and fees generated from Community Facility Agreements $2,500,000 TOTAL REVENUE $2,500,000 EXPENDITURES: Non-Departmental $2,500,000 Transfers and appropriation to be made from the Non-Departmental Center $2,500,000 undesignated project within the Developer Contribution Fund to the applicable project incurring the cost. TOTAL EXPENDITURES $2,500,000 SECTION 2. That, appropriations in the Developer Contribution Fund identify and allocate monies that are anticipated to be received during the fiscal year from developers for the inspection, materials testing, and other Ordinance No. 21918-09-2015 Page 1 of 2 services to be performed by City staff in connection with community facility agreement projects that are funded solely by developers. In accordance with Chapter X of the Charter of the City of Fort Worth, Texas, by adoption of this ordinance, the City Council authorizes and delegates to City's Chief Financial Officer authority, following the actual receipt of such monies, to enact and make transfers and allocations of such monies in a cumulative amount not to exceed the total amount budgeted, with such transfers and appropriation to be made from the Non-Departmental Project of the Developer Contribution Fund to the receiving project's center within the Developer Contribution Fund, provided, however, that the Chief Financial Officer shall be required to report such transfers and allocations to the City Council in periodic financial reports, which shall be submitted no less than quarterly throughout the fiscal year. SECTION 3. 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 4. That this ordinance shall be cumulative of Ordinance No. 21873-09-2015 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 5. This ordinance shall take effect upon adoption. PPR ED 7'O FORM AND LEGALITY: ATTEST: EST: 4. Denis C. �cL�,lray S . Assistant City Attorney ary., . K r,C' y Secretary ADOPTED AND EFFECTIVE: September 29, 2015 Ordinance No.21918-09-2015 Page 2 of 2 City of Fort Worth., Texas Mayor and Council Communication ..........I I...........................................................................I................ COUNCIL ACTION: Approved on 9129/2015 - Ordinance No. 21918-09-2015 & 21919-09- 2015 "I I I q I IN o 111 q I q 11 o I I I I I I I I I I I I I I I I I o o I I I I I I I I I I I I I I I I I I I I I I I I I I I o I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I u NN I NNNINN DATE: Tuesday, September 29, 2015 REFERENCE NO.N. G-18572 LOG NAME: 1313FY16 DEVELOPER CONTRIBUTIONS SUBJECT: Adopt Ordinances Appropriating a Total of$3,500,000.00 in the Developer Contribution Fund (Governmental Activities) and the Enterprise Developer Contribution Fund (Proprietary Activities) for Fiscal Year 2016 Community Facilities Agreement Projects and Delegating Authority to the City's Chief Financial Officer, on Receipt of Payments, to Effect Transfers Within Each Fund Up to its Budgeted Total (ALL COUNCIL DISTRICTS) .......... RECOMMENDATION: It is recommended that the City Council, 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$2,500,000,,00 in the Developer Contribution Fund (Governmental) and delegating authodty to the City's Chief Financial Officer', on receipt of payment, t o e ffect transfers within the Fund up to its budgeted total; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$1,000,000.00 in the Enterprise Developer Contribution Fund (Proprietary) and delegating authority to the City's Chief Financial Officer, on receipt of payment, to effect transfers within the Fund up to its budgeted total. . .......... DISCUSSION: The purpose of this Mayor and Council Communication is to establish the financial framework to support implementation during Fiscal Year 2016 of Community Facilities Agreements that do not require City contributions. As development occurs throughout the City of Fort Worth, developers enter into contracts with the City to undertake private construction of public infrastructure, such as roads or water lines (community facilities), needed to support private development plans. Under the terms of the City's standard Community Facilities Agreement (CFA), the developer is responsible for the construction of facilities in accordance with City standards and must also cover the costs of inspection and material testing by the City to ensure City standards are being met. The funds to cover the City's costs are collected from the developers on a project by project basis in the for of a Developer Contribution and deposited into the funds identified above. From reviewing past year's revenues and expenditures, Staff can budget for Developer Contributions based on the anticipated annual receipts, However', the specifics of the actual projects and the amount of revenue and expense attributable to each project will not be known until each CFA is executed, 1,ogriwric: 1313FY16 DEVE1,0PE'R CONTRIBI.YrIONS Page I of 2 To provide necessary authority to administer the CFA program, Staff recommends the City Council adopt the attached ordinances, which appropriate $2,500,000.00 in the Developer Contribution Fund and $1,000,000.00 in the Enterprise Developer Contribution Fund, representing the anticipated revenues and appropriations for Fiscal Year 2016. The ordinances also delegate authority to the City's Chief Financial Officer(CFO), following the actual receipt or availability of such monies, to enact and make the transfers and allocations of such appropriations to individual projects in an amount equal to the funds received for that project. For example, if a developer enters into CFAs to construct roads and water/sewer lines to support a particular development and the anticipated inspection and testing costs are $20,000.00 for the road CFA and $30,000.00 for the water/sewer CFA, the CFO of be able to establish projects within the Enterprise Resource Planning System with budgetary authority fort respective amounts ($20,000.00 in the Developer Contribution Fund and $30,000.00 in the Enterprise Developer Contribution Fund). As each specifi ed project is set up and budgeted, the amount remaining in the Non-Departmental Project in the Fund would be reduced. As capital funds, once appropriated, the budgeted amounts would remain in the assigned CFA project until the money has been expended or the project is completed. Annual re- appropriation would not be required. The delegated authority granted by the attached ordinance is subject to the restriction that the total amount of all such transfers may not exceed the annual amount appropriated for that Fund and is also subject tot requirement that the CFO periodically report the transfers and allocations to the City Council throughout the fiscal year. FISCAL INFORMATION CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets of the Developer Contribution Fund and the Enterprise Developer Contribution Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Susan Al s (81 80) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Suzie Wagner (7806) I.,ogname: 1313FY16 DEVELOPER CONTRIBUTIONS Page 2 of 2