HomeMy WebLinkAboutOrdinance 19021-02-2010Ordinance No 19021-02 2010
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AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE SPECIALLY FUNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF
$9,248,307 00 FROM AVAILABLE FUNDS FOR PHASE IV OF THE CITY'S ENERGY
SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS INC
PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR 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 2009-2010 and
in the Budget of the City Manager there shall also be increased estimated receipts and appropriations in the
Specially Funded Capital Projects Fund by $9,248,307 00 from available funds for Phase IV of the City's
Energy Savings Performance Contract with Johnson Controls, Inc.
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 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ordinances and appropriations are hereby expressly repealed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
AS TO FOf31bl'AND~LEGALITY
City
ADOPTED AND EFFECTIVE.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved' on 2/2/2010 -Ord. No. 19021-02-2010..
DATE Tuesday February 02, 2010 REFERENCE NO G-16808(Revised)
LOG NAME 20ESPC_IV_APPR 01
SUBJECT
Adopt Appropriation Ordinance for Phase IV of the City's Energy Savings Performance Contract with
Johnson Controls Inc. in the Amount of $9 248 307 00 and Confirm Payments Made (ALL COUNCIL
DISTRICTS)
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached appropriation ordinance increasing Fiscal Year 2009 estimated receipts and
appropriations in the Specially Funded Capital Projects Fund by $9 248 307 00 from available funds for
Phase IV of the City's Energy Savings Performance Contract with Johnson Controls Inc. and
2 Confirm payments previously made
DISCUSSION
The staff-recommended Energy Savings Performance Contract (ESPC) Phase IV project represents the
fifth Resource Conservation Program project undertaken by the City in service of the Texas Emission
Reduction Program (TERP) goal to improve environmental air quality Funding for this Resource
Conservation Program project was provided through a Municipal Lease-Purchase Agreement of
$9,248 307 00 with Johnson Controls Inc. (JCI) (M&C C-22868 June 17 2008) The proceeds from that
agreement were deposited into a bank escrow account and are being used to make progress payments
for the work completed under that agreement. The progress payments started in September 2008 and are
expected to continue through May 2010 The success of previous projects and the necessity for the
infrastructure improvements included in the scope of work of this project reflects the commitment of the
City to this goal and to reducing its long-term energy and water utility budgets
The ESPC Phase IV project covers energy and water conservation measures to be installed at City
facilities in all Council districts including 37 Fire Stations, 21 Community Centers and 11 Libraries. The
scope of work includes improvements to lighting air conditioning and HVAC control systems as well as
water conservation and power factor correction improvements JCI guaranteed utility savings to the City
will offset all accrued principal and interest payments which will be budgeted as non-departmental
operating expenditures in the General Fund If future savings are not sufficient to pay debt service
payments JCI guarantees to pay any shortfall. Transportation and Public Works will monitor to assess for
anticipated savings Progress payment requests will be paid upon City Construction Management review
and approval directly to JCI from a bank escrow account such that no outlay of City funds is required
during the construction period
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that upon adoption of the attached appropriation
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ordinance funds will be available in the current capital budget, as appropriated of the Specially Funded
Capital Projects Fund Additionally a supplemental appropriation will be requested for the current year's
principal and interest payments, while future principal and interest payments will be included in the City
Manager proposed budget approved prospectively
FUND CENTERS
TO Fund/AccountlCenters FROM Fund/Account/Centers
GC35 487100 020020008000 $9,066,219.00 GC35 539120 020020008000 $9,248,307.00
GC35 441012 020020008000 $182,088.00
GC35 539120 020020008000 $9,248,307.00
CERTIFICATIONS
Submitted for City Manager's Office bv: Fernando Costa (6122)
Oriainatina Department_Head. William Verkest (7801)
Additional Information Contact: Glenn Balog (2028)
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