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HomeMy WebLinkAboutOrdinance 18952-12-2009Ordinance No. 18952-12-20D9 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPRQPRIATf4NS IN THE LAKE VIIQRTH TRUST FUND IN THE AMQUNT 4F $668,108.31 FROM AVAILABLE FUNDS FOR THE PURPOSE 4F TRANSFERRING SAID FUNDS T4 THE LAKE WORTH CAPITAL IMPROVEMENT FUND; PRQVIDING FQR A SEVERABILITY CLAUSE; MAKfNG THIS ORDINANCE CUMULATIVE 4F PR14R ORDINANCES AND REPEALING ALL PR14R ORDINANCES IN C4NFLfCT HEREWITH; AND PRQVIDfNG AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CfTY 4F FQRT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2009-201 D and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Lake Worth Trust Fund in the amount of $668,108,31' from available funds far the purpose of transferring said funds to the Lake Worth Capital Improvement Fund. SECT14N2. 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 shalt in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shalt be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No.18809 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 A orney ADOPTED AND EFFECTIVE: December 8, 2009 City of Forf Worth, Texas Mayor and Council Communication :>.`..vr\\ir~~.. :~: ~~«~:r_., .~ s ti.. .:~~:;ii~\'~C,~'~te~~3:~$3d~\r~S\\,.~~:,i\~C;ac'k2\'~`~',`~1~+~",."a~<s _, \;:?:~`,'`uq.\`.aS~h".~\ti'~ k: ..,.~., ~ ~i, Se;;:'.~`~~n`i~.0`:' ~'~k`ce"iia\v'~~`M~`~'a~k»~6F~°P~4`n~;f:4.. ....;.?as+~`>~*:'~'+'a`,'~s CCU NCIL ACT~t~N: Apprvr~e a~~ ~ ~812D09 - Card. ~a~ 18~~~=1 ~-2DD~, ~ ~9'I -~ 2-204 & ~ 89~-1 ~-ZU0~9 DATE: Tuesday, December 08, 2009 L4G NAME: 06WATER AND SEWER OP SUBJECT' REFERENCE No.: G-16111 Adopt Appropriation Ordinance Increasing Appropriations in the Water and Sewer Operating Fund by $6,864,995.05 and Transfer Funds in the Amounts of $5,359,694.88 to the Lake Worth Capital Improvement Fund and $1,005,300.11 to the Water and Sewer Capital Projects Fund and $500,000.00 to the General Fund; Adopt Appropriation Ordinance Increasing Appropriations in the Lake Worth Trust Fund by $668,108.31 and Transfer to the Lake Worth Capital Improvement Fund and Adopt Supplemental Appropriation Ordinance in General Fund RECnMMENDATI~N: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing appropriations in the Water and Sewer Operating Fund ~PE45} by $6,864,995.05 and decreasing unreserved, undesignated fund balance by the same amount; 2. Authorize the transfer of $5,359,694.88 from the Water and Sewer Operating Fund to the Lake Worth Capital Improvement Fund (C246); 3. Authorize the transfer of $1,005,300.1 l from the Water and Sewer Operating Fund to the Water and Sewer Capital Projects Fund; 4. Authorize the transfer of $500,000.00 from the Water and Sewer Operating Fund to the General Fund; 5. Adopt the attached appropriation ordinance increasing appropriations in the Lake Worth Trust Fund ~FElO} by $668,108.31 and decreasing unreserved, undesignated fund balance by the same amount; and 6. Authorize the transfer of $668,708.37 from the Lake Worth Trust Fund to the Lake Worth Capital Improvement Fund (C246). DISCUSSION: In October 2001, the City received a bonus for the lease of minerals associated with a portion of Lake Worth. At the time, funds were allocated in accordance with the original 2005 Financial Management Policy Statements for gas lease revenues. Proceeds were distributed to the Water and Sewer Operating Fund for the portion associated with the water and to the Lake Worth Trust Fund for the portion associated with the land. Only the revenue from the land was to be used for the benefit of the Lake Worth properties. On January 8, 2008, the Financial Management Policy Statements were revised and directed that all of Logname: Ob~VATER AND SEWER OP Page 1 of 3 these funds be designated for qualified expenditures associated with the Lake Worth Capital Improvement Implementation Plan until such time as the plan projects are completed. This M&C will move all of the gas lease revenue associated with the Lake Worth leasing activities out of the Water and Sewer Operating Fund and out of the original Lake Worth Trust Fund associated with the land to an appropriate capital fund. This will prevent the funds from being inappropriately reflected in the Water and Sewer Gperating Fund balance and will improve the reporting of funds available for implementation of the Lake Worth Capital Improvement Implementation Plan. In addition to the Lake Worth revenue that was recorded in the Water and Sewer Operating Fund, an additional $1,505,300.17 is available in the Water and Sewer Operating Fund from Water Department properties leased in various locations within the City. Staff recommends that all but $500,000.00 of these funds be appropriated and transferred out of the operating budget and recorded in the Water and Sewer Capital Projects Fund where gas lease revenues are currently recorded for water properties. For the remaining $500,000.00 recorded in the Water and Sewer Operating Fund, staff recommends that a surplus be declared and the funds allocated to the General Fund to contribute to the capital campaign for the new Museum of Science and History. The Water Department's bond covenants allow for the surplus funds to be used for any lawful purpose. A surplus is appropriate since the total receipts from gas revenues for Water Department properties exceeded the budgeted mineral revenues from Fiscal Year 2005 through Fiscal Year 2009 by more than $2 million. These actions will remove all gas revenues from the Water and Sewer operating fund; future receipts will all be recorded in the capital and permanent funds per the current Financial Management Policy Statements. FISCAL INF~RMATI4N !CERTIFICATION: The Financial Management Services Director certifies that $500,000.00 is surplus and is eligible to be transferred from the Water and Sewer Operating Fund to the General Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current operating budgets, as appropriated, of the Water and Sewer operating fund and the Lake Worth Trust Fund. Upon approval, the unreserved, undesignated fun balance of the Water and Sewer Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. FUND CENTERS: T4 FundlAccountlCenters 1 ]PE45 53$040 0609000 1) PE45 538070 0609000 2~C246 472045 601159990100 FRAM FundlAccountlCenters 1 005 300.17 2} PE45 53807a .0609000 $5,$59,694.88 3} PE45 __538040 0609000 5 359 694,88 4} PE45 538010 0609000 $5, 359, 694.88 X005, 300.17 $500,000.00 3} P245 416045 601149990100 $1 005,300.17 6 FE70 538040 030001902000 4~_GGO.1_ _ 412045 0901100 X540 000.00 5~ FElO__ 538040. 430001_902000 $66S 74$.37 6~ _C246 _ 416070. 60 ~ 1599901.00 $665 108_.37 CERTIFICATIONS: Submitted for_C~Manag_er's ~ffic_e bx: originating Department Head: Fernando Costa (6122) Susan Alanis (8180) Jean Petr (8367) $668 708.31 Logname: 06WATER AND SEWER 0P Page 2 of 3 Additional Information Contact: Melissa Ramon X8245} Logname; obWATER AND SEWER DP Page 3 of 3