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HomeMy WebLinkAboutOrdinance 22147-03-2016 ORDINANCE NO.22147-03-2016 AN ORDINANCE INCREASING THE ESTIMATED APPROPRIATIONS IN THE CULTURE AND TOURISM FUND IN THE AMOUNT OF $514,687.00, AND DECREASING THE ASSIGNED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF FUNDING THE TRUE-UP WITH THE FORT WORTH CONVENTION AND VISITORS BUREAU; 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 appropriations in the Culture and Tourism Fund in the amount of$514,687.00,and decreasing the assigned fund balance by the same amount, for the purpose of funding the True-up with the Fort Worth Convention and Visitors Bureau. 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. 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: 1 tv, Deni Elroy(Y..Assistant City Attorney Mary J. er ity retary ADOPTED AND EFFECTIVE:March 29.2016 Ordinance No.22147-03-2016 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3129/20/6 - Ordinance No. 22147-03-2016 DATE: Tuesday, March 29, 2016 REFERENCE NO.: C-27655 LOG NAME: 25CVBTRUEUP FY2015 SUBJECT: Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of$514,687.00 and Decreasing the Assigned Fund Balance by the Same Amount for Funding True-Up with the Fort Worth Convention and Visitors Bureau (ALL COUNCIL DISTRICTS) RECOMMENDATION: Adopt Supplemental Appropriation Ordinance increasing appropriations in the Culture and Tourism Fund in the amount of$514,687.00 and decreasing the assigned fund balance by the same amount for the funding true-up with the Fort Worth Convention and Visitors Bureau. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to increase the Fiscal Year 2016 appropriation in the Culture and Tourism Fund in the amount of$514,687.00 for purposes of making an additional payment to the Fort Worth Convention and Visitors Bureau (CVB) for the true-up of the funding for the CVB for Fiscal Year 2015 according to the terms of City Secretary Contract (CSC) No. 44949. On October 7, 2013, the City and CVB entered into CSC No. 44949 (M&C C-26493), allocating 47 percent of Tax Collections to the CVB to carry out its contractual marketing and promotional obligations and duties to market the City as a destination for conventions, equestrian events, motor coach tours, tourism and other gatherings that would utilize City and private meeting facilities, hotel rooms and other tourism and business amenities. Under the contract, the term "Tax Collections" is defined as "hotel occupancy tax revenue (i) that is received . . . and (ii) that is not otherwise restricted or dedicated to a specific purpose . . " Per the contract, payment to the CVB for each fiscal year is calculated during the budget process based on projected Tax Collections and is paid in equal installments over the course of the year. After the close of the fiscal year, the actual Tax Collections are compared to the budgeted projections and adjustments are made to true-up the funding. In early 2015, City staff engaged the CVB regarding funding plans for the Multi-Purpose Arena (Arena) at the intersection of Harley Avenue and Gendy Street and other planned Public Events Capital Projects. The CVB was advised that Staff would be recommending to City Council that a portion of future growth in Hotel Occupancy Tax (HOT) revenue be dedicated to these types of special projects, meaning such growth would not constitute Tax Collections under CSC No. 44949. On August 4, 2015, the Fort Worth City Council adopted the initial funding plan for the Arena, adjacent facilities and related infrastructure (Resolution No. 4498-08-2015), which was predicated on a portion of HOT growth being used for the Arena. On December 1, 2015 (M&C G-18614), City Council made an official designation of incremental growth in the City's seven percent HOT, setting aside revenue that is above the set baseline ($18,850,936.00) and that is generated by hotels inside of Project Financing Zone Number One (PFZ), for eligible special projects. That M&C also authorized execution of a memorandum of understanding (MOU) to memorialize how the designation impacted funding under CSC No. 44949. Logname: 25CVBTRUEUP_FY2015 Page 1 of 3 In accordance with the terms of CSC No. 44949 and M&C G-18614, the true-up calculation for Fiscal Year 2015 is as follows: BUDGETED 47 percent of Projected Tax Collections of$17,953,272.00 $8,438,038.00 ACTUAL (a) 47 percent of actual Tax Collections up to baseline ($18,850,936.00) $8,859,940.00 PLUS (b) 47 percent of actual Tax Collections that exceed baseline ($18,850,936.00) and that are generated from hotels outside PFZ $92,785.00 MINUS (c) budgeted amount, already paid to CVB $8,438,038.00 EQUALS Additional payment to CVB $514,687.00 In accordance with M&C G-18614, HOT revenues that exceed the baseline and that are generated by hotels inside the PFZ are designated for special projects such as the Arena. For Fiscal Year 2015, the amount of that allocation is $208,789.00. NOTE - Following approval of this M&C, Staff intends to execute an amendment of the MOU approved in December in order to more explicitly state that the increment calculations were intended to be and are effective beginning with the Fiscal Year 2015 true-up process. This amendment is consistent with discussions with the CVB staff and is reflected in the financial model and adopted funding plan. This program serves the entire City. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Culture and Tourism Fund. Upon approval, the assigned fund balance of the Culture and Tourism Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) 20101 0241000 4990000 $514,687.00 20101 0241000 5330201 $514,687.00 FROM Fund Department ccoun Project Program ctivity Budget Reference # Amount ID 1A ID Year Chartfield 2 201011 0241000 15330201 1 1 1$514,687.00 CERTIFICATIONS: Submitted for City Manager's Office by_ Susan Alanis (8180) Logname: 25CVBTRUEUP_FY2015 Page 2 of 3 Originating Department Head: Kirk Slaughter (2501) Additional Information Contact: Betty Tanner (2502) Logname: 25CVBTRUEUP—FY2015 Page 3 of 3