HomeMy WebLinkAboutResolution 5467-09-2021 A Resolution
NO. 5467-09-2021
AUTHORIZING AND EXPANDING FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 18 (TOURISM PID) TO INCLUDE AN
ADDITIONAL HOTEL AND TAKING CERTAIN OTHER ACTIONS
CONCERNING THE DISTRICT
WHEREAS, the Public Improvement District Assessment Act, Chapter 372
of the Texas Local Government Code (" Act") allows for the establishment of public
improvement districts;
WHEREAS, on August 29, 2017, the City Council adopted Resolution No.
4837-08-2017, establishing Fort Worth Public Improvement District 18 — Tourism
("Tourism PID") ("Establishing Resolution");
WHEREAS, on August 18, 2020, the City Council adopted Resolution No.
5264-08-2020, expanding the boundaries of the Tourism PID ("Tourism PID");
WHEREAS, on April 13, 2021, the City Council adopted Resolution No. 5382-
04-2020, expanding the boundaries of the Tourism PID ("Tourism PID") (Resolution
Nos. 5264-08-2020 and 5382-08-2021 are collectively referred to as the "Expansion
Resolutions");
WHEREAS, Section 372.0121 of the Act, as amended by the 871h Texas
Legislature (2021) through Senate Bill 804, allows the City Council to include
additional properties in the Tourism PID if (i) the property is a hotel and (ii) a
sufficient number of the record owners of the real property currently include d and
proposed to be included in the Tourism PID have consented to be included in the
Tourism PID by signing the original petition to establish the Tourism PID or by
signing a petition or written consent to include property in the Tourism PID;
WHEREAS, the number of consenting record owners is sufficient if (1) the
record owners own more than 60% of appraised value of taxable real property liable
for assessment in the Tourism PID; and either (i) constitute more than 60% of all
record owners of taxable real property liable for assessment in the Tourism PID, or
(ii) own, in aggregate, more than 60% of the area of all taxable real property liable
for assessment in the Tourism PID;
WHEREAS, another expansion petition ("Petition") was submitted to the
City of Fort Worth, Texas ("City"), pursuant to the Act, requesting to expand the
Tourism PID boundaries to include an additional hotel property within the Tourism
PID and has been on file in the office of the City Secretary for public inspection ;
WHEREAS, pursuant to Section 372.009 of the Act, the City provided notice
and publication of a public hearing to be conducted on September 14, 2021 to
consider the expansion of the Tourism PID ("Public Hearing"), which notice and
publication included the following: (i) time and place of the public hearing; (ii)
general nature of the proposed improvements and services; (iii) estimated costs of
the improvements and services; (iv) expanded boundaries of the Tourism PID; (v)
proposed method of assessment; and (vi) proposed apportionment of cost between
the additional hotel property in Tourism PID and the City;
WHEREAS, notice of the Public Hearing was published on August 27, 2021
in the Fort Worth Star-Telegram, a newspaper of general circulation in the City, and
was also mailed on August 27, 2021 to all record owners of property in the Tourism
PID liable for assessment, and all persons desiring to be heard were given a full and
fair opportunity to be heard at the Public hearing;
WHEREAS, the City Council conducted and adjourned the Public Hearing to
consider the expansion of the Tourism PID; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
1. Recitals.
The findings set forth in the recitals of this Resolution are found to be
true and correct.
2. Findinis.
The City Council, after duly considering the evidence and testimony
presented at the Public Hearings and based on all information known by the
City Council, hereby makes the following findings:
2.1 Petition and Boundaries.
(a) The current boundaries of the Tourism PID consist of
noncontiguous areas authorized under Section 372.0035 of the Act
consisting solely of hotel properties with 100 or more rooms
ordinarily used for sleeping within the City of Fort Worth. The lists
of the original and additional hotels that are included within the
boundaries of the Tourism PID are included in the Establishing
Resolution and Expansion Resolutions, respectively.
(b) As set forth in the Recitals above, the Act allows the City Council
to include additional properties in the Tourism PID if the required
elements are satisfied. As evidenced below, the hotel property set
forth in Exhibit "A", which is attached hereto and incorporated
herein for all purposes ("Additional Hotel Property"), meets the
necessary elements for inclusion into the Tourism PID.
(i) The Additional Hotel Property to be included in the
Tourism PID as part of this Resolution is a hotel property.
(ii) A sufficient number of record owners of the real property
currently included and proposed to be included in the
Tourism PID have consented to be included in the Tourism
PID by signing the original petition to establish the
Tourism PID or by signing a petition or written consent to
include property in the Tourism PID. Specifically, the
number of consenting record owners exceeds the thresholds
required by the Act, which is evidenced by the following:
(1) 79.87% of appraised value of taxable real property
liable for assessment, (2) 64.29% of record owners of
taxable real property liable for assessment, and (3) 67.29%
for the area of all taxable real property liable for
assessment.
2.2 Advisability and Feasibility of the Improvements and
Services Proposed for the Tourism PID . It is advisable to expand
the Tourism PID to include the Additional Hotel Property to provide
the proposed improvements and services described in the Petition and
this Resolution. The improvements and services will promote the
interests of the City and confer a special benefit on the assessed
properties within the Tourism PID. The Fort Worth Convention and
Visitor's Bureau staff performed an analysis of the Tourism PID, its
service plan and strategies, and concluded that it provides a very
effective means for significantly enhancing the ability of Fort Worth to
promote its hotel, convention, and tourism activity, which has been
borne out since the Tourism PID's establishment. Based on this
analysis and the successful history of the Tourism PID, the City finds
the proposed tourism public improvement district to be both advisable
and feasible.
2.3 Nature of the Improvements and Services. The general nature
of the proposed improvements and services to be provided within the
expanded boundaries of Tourism PID include, without limitation,
marketing, business recruitment, and promotional activities authorized
by the Act for improvements and promotion of the Tourism PID,
including, but not limited to, the provision of incentives by the Fort
Worth Convention and Visitors Bureau to organizations to encourage
them to bring large and city-wide events (including, without limitation,
meetings, sporting, recreation, and cultural events) to Fort Worth and
to fund additional marketing by the Fort Worth Convention and
Visitors Bureau to increase hotel stays within the City.
2.4 Estimated Cost of the Improvements and Services. Over the
six (6) year period beginning on October 1, 2021 and ending on the
expiration of the Tourism PID as provided in Section 3 , the estimated
total cost of the improvements and services to be provided by the
Tourism PID will be $27,737,196.00, which includes an estimated cost
of $3,950,000.00 for the 2021-2022 fiscal year.
For the 2021-2022 fiscal year, the estimated costs of the above-referenced
improvements and services, and estimated costs to implement such improvements
and services are:
Incentives and Sales Efforts $1,850,125
Marketing and Research
(Promotion/Advertising) $1,363,250
Site Visits &Familiarization Tours $ 194,750
Cultural Enhancements through
Marketing and Promotion of the Arts $292,125
Operations and Administration $194,750
City Administrative Fee $55,000
Total $3,950,000
Such estimated costs are reasonable and appropriate. The estimated costs of
improvements and services provided in the 2021-2022 fiscal year will be
determined in a subsequent annual budget and service plan for the Tourism PID to
be approved by the City Council on or about September 21, 2021, in accordance
with the Act. Such costs will be paid from assessments levied in accordance with
the Act. The six-year service plan proposed for the Tourism PID is attached
hereto as "Exhibit B" ("Service Plan") and incorporated herein for all purposes.
The Service Plan, budget, and assessment amount are subject to annual review
and approval by the City Council.
2.5. Method of Assessment. The costs of the improvements and services will
be funded from assessments levied on and collected from properties located in the
Tourism PID that contain hotels of one hundred (100) or more guest rooms and
that are subject to payment of City hotel occupancy taxes pursuant to Chapter 32,
Article II of the City Code, as amended. The City will levy a special assessment
against the new hotel property located within the expanded boundaries of the
Tourism PID ("Hotel Parcel") in an amount equal to two percent (2%) of the
consideration received for occupancy of any sleeping rooms furnished by the new
hotel on the Hotel Parcel (subject to any lawful exemption of the hotel occupancy
tax under applicable state law and City ordinances), with such assessments to be
collected in the same manner and in accordance with the same procedures as
those established for collection of the City's hotel occupancy tax, as set forth in
Chapter 32, Article 11 of the City Code, as amended. The collection of
assessments will begin on October 1, 2021 and continue to be made at the same
time hotel occupancy taxes are collected. The City Council hereby finds that the
proposed method of assessment is reasonable and necessary.
3.6. Apportionment of Costs Between the Tourism PID and the City, as a
Whole. The apportionment of costs between the Tourism PID, inclusive of the
Additional Hotel Property, and the City, as a whole, is as follows:
(a) The entire cost of each improvement and service will be paid from
assessments levied in accordance with the Act.
(b) No City funds will be used to pay any portion of the cost of any
improvement or service, unless such funding is approved from the City
Council or other appropriate municipal authority on a case-by-case basis.
3. Inclusion of Additional Hotel Property within the Tourism PID; Term.
Based on the findings set forth above, the City Council authorizes the expansion
of the boundaries of the Tourism PID to include the Additional Hotel Property. The
inclusion of the Additional Hotel Property within the Tourism PID takes effect on the
date on which this Resolution is published in a newspaper of general circulation in the
City in accordance with Section 372.010(b) of the Act and will expire concurrently with
the expiration date set forth in Section 3 of the Establishing Resolution. The expansion
of the Tourism PID is subject to all conditions, limitations, and reservations set forth in
the findings in Sections 1 and 2. All other provisions of this Resolution will be effective
from and after adoption of this Resolution.
4. Advisory Body.
The City Council hereby declines to appoint an advisory body for the expanded
Tourism PID boundaries pursuant to Section 372.008 of the Act. The City Council
hereby reserves the right to assign responsibility for preparation of the ongoing service
plan for the PID to another entity in the absence of such an advisory body, as authorized
by Section 372.013(a) of the Act.
S. Publication.
The City Secretary is hereby directed to publish notice of the City Council's
authorization to establish the PID once in a newspaper of general circulation in the City.
ADOPTED this 14th day of September 2021.
ATTEST:
��. ���r.
Ronald P. Gonzales
Acting City Secretary
AS
EXHIBIT A
Expanded Boundaries of the Tourism PID
(Additional Hotel Property)
Account Name Address City, State, Zip RMS
Sandman Signature Hotel 810 Houston Street Fort Worth,TX 240
76102
EXHIBIT B
Service Plan
City of Fort Worth
Six Year Service Plan
Public improvement District No.18-Tourism
FY21122 FY22123 FY23124 FY24125 FY25i28 FY26127
REVENUES
PID Assessments $ 3,950,000 $ 4,345,000 $ 4,562,250 $ 4,790,363 $ 4,958,026 $ 5,131,557
Total Funds Available for Use S 3,950,000 $ 4,345.000 S 4,562,250 5 4,790,363 $ 4.958,026 $ 5.131,557
EXPENSES
Incertives&Sates Efforts S 1.850,125 S 2,037,750 S 2,140,944 $ 2,249,297 S 2,328,937 $ 2,411,365
Marketirg and Research(Promotior/
Advertisirg) 1,363,250 1,501.500 1,577.538 1.657,377 1,716,059 1,776,795
Site Visits&Familiariration Tours 194,760 214.500 225,363 236,768 245,151 253,828
Cuhuml Enharcements through
Marketirg and promotion of the Arts 292,125 321,760 338,044 355,152 367,727 380,742
Operations&Administratior 194.750 214,500 226.361 236,769 245,152 253.827
City Administrative Fee 65,000 55,000 E5,00o 55,000 55,000 55,000
Total Budgeted Expenses $ 3,950,000 $ 4.345,000 $ 4,562.250 S 4.790,363 $ 4,958,026 $ 5,131,557
Contribution to Fund Balance - - - - - -
Total Expenses $ 3,950,000 $ 4,345,000 $ 4,562,250 $ 4.700,363 $ 4,950,026 $ 5,131,557
Not Change in Fund Balance $ - $ - $ - $ - $ - S
Fund Balance,Beginning of Year Estimated 2,834.045 2834,045 2,834,045 2,834,045 2,834,045 2,834,045
Estimated Fund Balance,End of Year 2,834,045 2,834.045 2,834,045 2,834,045 2,834,045 2,834,045
Reserve Requirement 724,312 760,527 798,554 826,503 855,431 855.431
Over(Under)Reserve $ 2,109,733 $ 2,073,510 $ 2,035,491 $ 2,007,542 S 1,979,614 $ 1,978,614
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/14/21 M&C FILE NUMBER: M&C 21-0636
LOG NAME: 17ED PID18EXPANDTPID
SUBJECT
(ALL)Conduct Public Benefit Hearing Concerning the Expansion of Fort Worth Public Improvement District No. 18-Tourism(Tourism PID)to
Include One Additional Hotel Property; Find for the Sufficiency of the Attached Petition Requesting Expansion of the Tourism PID;and Adopt the
Attached Resolution Authorizing and Expanding the Tourism PID to Include the Additional Hotel Property
(PUBLIC HEARING-a. Report of City Staff: Crystal Hinojosa; b. Public Comment;c.Council Action: Close Public Hearing and Act on the M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public benefit hearing concerning the expansion of the Fort Worth Public Improvement District 18—Tourism(Tourism PID)to
include one additional hotel property;
2. Find that the attached petition requesting inclusion into the Tourism PID meets the requirements set forth in Chapter 372 of the Texas Local
Government Code;
3. Adopt the attached Resolution: (i)making certain findings concerning the nature and advisability of special improvements and services to be
provided for the benefit of the additional hotel to be included in the Tourism PID,the estimated costs of such improvements and services,the
method of assessment,the boundaries of the Tourism PID,and the apportionment of costs between the Tourism PID and the City,as a
whole,and(ii)authorizing and expanding the Tourism PID to include one(1)additional hotel;and
4. Direct the City Secretary to publish notice of the expansion of the Tourism PID as required by Chapter 372 of the Texas Local Government
Code.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C)is to expand the boundaries of Fort Worth Public Improvement District 18-Tourism
(Tourism PID)through the inclusion of one(1)additional hotel property.
On August 29,2017,the City Council adopted Resolution No.4837-08-2017,establishing the Tourism PID(Establishing Resolution).The City
Council subsequently adopted Resolution Nos.5264-08-2020(August 18,2020)and 5382-04-2021 (April 13,2021),expanding the boundaries of
the Tourism PID to include additional hotel properties(Expansion Resolutions).
Expansion of the Toursim PID
Boundaries and Petition:
The current boundaries of the Tourism PID consist of noncontiguous areas authorized under Section 372.0035 of the Texas Local Government
Code(Code)consisting solely of hotel properties with 100 or more rooms ordinarily used for sleeping within the City of Fort Worth.A list of
the hotels that are included within the boundaries of the Tourism PID is included in the Original and Expansion Resolutions and attached hereto.
Senate Bill 804,87th Texas Legislature(2021),which went into effect on June 14,2021,revised Section 372.0121 of the Code to clarify the ability
of cities to add new hotels into an existing Tourism PID. One of the new provisions affects the way in which the City calculates(or recalculates)the
percentage threshold for adding new hotels into the Tourism PID. SB 804 requires the City to update and recalculate each of the percentage
thresholds set forth below everytime a new hotel property is added to the Tourism PID. Conversely,the prior version of Section 372.0121 only
required the City to calculate the impact that the new hotel property had on the pre-existing thresholds. For example, under SB 804,the City has to
update and recalculate the appraised value of each and every existing property in the Tourism PID each time that a new hotel is added;whereas,
under the prior legislation,the City simply carried forward the values of the existing hotel properties from the year the hotel properties entered into
the Tourism PID.
Section 372.0121,as revised,allows the City Council to include additional properties in the Tourism PID if(i)the property is a hotel and(ii)a
sufficient number of the record owners of the real property currently included and proposed to be included in the Tourism PID have consented to be
included in the Tourism PID by signing the original petition to establish the district or by signing a petition or written consent to include property in
the Tourism PID. The number of consenting record owners is sufficient if(1)the record owners own more than 60%of appraised value of taxable
real property liable for assessment in the Tourism PID;and either(i)constitute more than 60%of all record owners of taxable real property liable
for assessment in the Tourism PID,or(ii)own,in aggregate,more than 60%of the area of all taxable real property liable for assessment in the
Tourism PID. If the addition of the new properties results in these numbers dropping at or below the 60.00%threshold,then the properties may not
be added.
Inclusion of the Sandman Signature Hotel,located at 810 Houston Street,Fort Worth,Texas 76102("Sandman")meets the above-stated elements
and,therefore,may be considered by the City Council for inclusion into the Tourism PID.
First,the Sandman Signature Hotel is a hotel property.
With regard to the second element,the property owner,or its duly authorized representatives,for the Sandman,signed a petition requesting
inclusion within the Tourism PID.This results in an increase from 75.7%to 79.87%of the appraised value of taxable real property liable for
assessment and from 63.2%to 67.29%of the area of all taxable real property liable for assessment. Although the Sandman has petitioned to be
included in the Tourism PID,the percentage of record owners liable for assessment decreased from 66.9%to 64.29%because the two hotels
below dropped out of the Tourism PID. Because the percentages are still above the 60.00%threshold, inclusion of the Sandman meets the
second element.
NOTE:Crossland Economy Studios-Fossil Creek located at 3804 Tanacross Drive,a hotel property that was a part of the original petition
converted to permanent supportive housing in September of 2020 and is no longer considered a hotel by use and will no longer be included in the
Tourism PID boundary.
NOTE: Hawthorn Suites(University)—located at 1701 South University Drive,a hotel property that was part of the original petition is no longer in
existence and will no longer be included in the Tourism PID boundary.
Nature of the Improvements:
The goals of the Tourism PID focus on increasing the economic impact and enhancing competitiveness in conventions, meetings,leisure and
sports tourism and increasing tourism-related economic activity at all times,including during economic downturns and as inventory grows.The
Tourism PID projects include incentives and sales efforts,convention and sports marketing and promotion,site visits and familiarization tours,
community arts grants,convention services,event funding application,operations, research,and administration,all of which benefit the hotels
within the Tourism PID.
Method of Assessment and Apportionment of Costs:
The assessment rate will be an amount equal to 2.00%of the consideration received from the occupancy of any sleeping room furnished by a hotel
located within the Tourism PID,with such assessment to be collected in the same manner and in accordance with the same procedures as those
established for the collection of the City's Hotel Occupancy Tax,as set forth in Chapter 32,Article II of the City Code,as amended.The entire costs
of each improvement and service will be paid from the above-stated assessments and no City funds will be used to pay any portion of such costs
unless such funding is approved by the City Council on a case-by-case basis.
Estimated Costs of the Improvements and Services:
The total estimated costs for the proposed services and improvements for the life of the Tourism PID(approximately six years)will be
$27,737,196.00,which includes an estimated cost of$3,950,000.00 for the Fiscal Year 2021-2022 Budget. Assessments will begin on October 1,
2021.
Advisability:
Staff recommends that the City Council find that these improvements and services are advisable because they will promote the interests of the City
and confer a special benefit on the assessed properties within the expanded boundary of the Tourism PID.
Upon the close of the public hearing,staff recommends that the City Council declare the petition to expand the Tourism PID to include the one
additional hotel property to be sufficient and adopt the attached Resolution making findings concerning the following and expanding the Tourism
PID:
• The apportionment of costs between the Tourism PID and the City,as whole.
• The proposed method of assessment;
• The expanded boundaries of the Tourism PID;
• The estimated costs of the proposed improvements and services;
• The general nature of the proposed improvements and services;and
• The advisability of expanding the Tourism PID.
Upon adoption of the Resolution,the Sandman will be included within the boundaries of the Tourism PID,effective on the date that City Council's
authorization to expand the Tourism PID has been published in a newspaper of general circulation and will expire on the date set forth in the
Original Resolution.
The City Council will hold two public hearings to consider the proposed budget, plan of service,and levy of assessments against property within
the Tourism PID,which will be held during the regular City Council meetings on Tuesday,September 14,2021,and Tuesday,September 21,2021
at 7:00 P.M. The City Council is expected to take final action and vote on the proposed budget, plan of service,and levy of assessments following
the close of the hearing on September 21,2021.
Notice of this public hearing was published in the Star-Telegram and mailed to the appropriate property owners on August 27,2021,which
complies with the notice requirements under the Act.
These properties are located in ALL COUNCIL DISTRICTS.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office W, Jay Chapa 5804
Originating Business Unit Head: Robert Sturns 2663
Additional Information Contact: Crystal Hinojosa 7808
Expedited