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HomeMy WebLinkAboutOrdinance 25434-04-2022 ORDINANCE NO.25434-04-2022 AN ORDINANCE AMENDING THE FISCAL YEAR 2021-2022 BUDGET AND FIVE- YEAR SERVICE PLAN FOR PUBLIC IMPROVEMENT DISTRICT NO. 12—CHAPEL HILL; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Improvement District Assessment Act, Chapter 372 of the Texas Local Government Code ("Act"),allows for the creation of public improvement districts; WHEREAS, on March 23, 2004, the City Council of the City of Fort Worth ("City Council") authorized the establishment of Public Improvement District No. 12 — Chapel Hill ("District"), as a public improvement district in accordance with the Act and Resolution No. 3060; WHEREAS, on September 21, 2021, the City Council adopted Ordinance No. 25083-09-2021, approving the fiscal year 2021-2022 budget, five-year service plan, assessment plan, and tax year 2021 assessment roll for the District; WHEREAS,the City Council desires to amend the fiscal year 2021-2022 budget and five-year service plan("Amended Service Plan"), which is attached hereto as Exhibit A and incorporated herein for all purposes; WHEREAS,the Amended Service Plan is intended to supersede the Service Plan set out in Ordinance No. 25083-09-2021; and WHEREAS, the Amended Service Plan will not affect the previously adopted Assessment Plan or Assessment Roll. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS THAT: SECTION 1. The Recitals and findings listed above are true and correct and form the basis upon which this Ordinance is being adopted and are incorporated herein by reference. SECTION 2. The City Council hereby approves and adopts the Amended Service Plan for fiscal year 2021-2022. In doing so,the City Council finds that the supplemental services and improvements set forth in the Service Plan are feasible and advisable and will serve the needs and desires of the property owners in the District. SECTION 3. 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 shall remain in full force and effect. Ordinance No.25434-04-2022 Page 1 of 3 SECTION 4. This Ordinance is cumulative of 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. The City Secretary is directed to cause a copy of this Ordinance to be recorded in the real property records of Tarrant County, Texas no later than the seventh(7 )day after the adopted date of this Ordinance. SECTION 6. This Ordinance takes effect and will be in full force and effect from and after the date of its passage. AND IT IS SO ORDAINED. APPROVED AS TO FORM ATTEST: AND LEGALITY: �.u/�,.e �7P�1•�?E't�2 c� C7GOGcGt� Jannette S.Goodall(Apr 15,2022 13:33 CDT) Tyler F. Wallach,Assistant City Attorney Jannette Goodall,City Secretary M&C: 22-0249 Adopted and Effective:April 12,2022 F FoRr ` !Z ' * :z X:i�(AS Ordinance No.25434-04-2022 Page 2 of 3 EXHIBIT A AMENDED SERVICE PLAN City of Fort worth Five Year Service Plan(FY22 Mid-Year Revision) Public Improvement District No.12-Chapel Hill FY21122 FY22123 FY23124 FY24/25 FY25/26 R�E1/ENUES PID Assessments $ 92,877 $ 93,806 $ 94,744 $ 95,691 $ 96,648 I I Total Budgeted Revenues $ 92,877 $ 93,806 $ 94,744 $ 95,691 $ 96,648 Use of Fund Balance 58,360 - - - - Total Funds Available for Use $ 151,237 $ 93,806 $ 94,744 $ 95,691 $ 96,648 ' EXPENSES Management Fee $ 13,424 $ 13,652 $ 13,885 $ 14,123 $ 14,365 Utilities 11,000 12,000 13,000 14,000 14,000 Landscaping 50,370 36,000 36,000 35,668 36,383 Common Area Maintenance 9,400 10,504 10,000 10,000 10,000 Communications 1 793 1,400 1,400 1,400 1,400 Capital Improvements 60,750 15,750 15,959 16,000 16,000 Audit/Annuai Review 2,500 2,500 2,500 2,500 2,500 City Administrative Fee 2,000 2,000 2,000 2,000 2,000 Total Budgeted Expenses $ 151,237 $ 93,806 $ 94,744 $ 95,691 $ 96,648 Contribution to Fund Balance - - - - Total Expenses 151,237 ' 93,806 94,744 95,691 96,648 Net Change in Fund Balance $ (68,360) $ - $ - $ - $ - Fund Balance,Beginning of Year(Estimate Yrs 2-5) 74,264 15,904 15,904 15,904 15,904 Estimated Fund Balance,End of Year 15,904 15,904 15,904 15,904 15,904 Reserve Requirement 15,637 15,794 15,952 162111 16,111 Over(Under)Reserve $ 267 $ 110 $ (48) $ (207) $ (207) The total budgeted costs of the improvements and services for the District for fiscal year 2021-2022 are $151,237.00. Of this amount, $92,877.00 will be funded by assessments collected on privately-owned parcels located in the District. The remainder of the costs in the amount of$58,360.00 will be funded through a transfer from the unaudited,unassigned fund balance. Ordinance No.25434-04-2022 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/12/22 M&C FILE NUMBER: M&C 22-0249 LOG NAME: 17PID12 MIDYEARFY22 SUBJECT (CD 7)Adopt Attached Ordinance Amending the Fiscal Year 2021-2022 Adopted Budget and Five-Year Service Plan for Fort Worth Public Improvement District 12—Chapel Hill and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance amending the Fiscal Year 2021-2022 Budget and Five-Year Service Plan for Public Improvement District 12— Chapel Hill to reflect amendments associated with a mid-year review and direct the City Secretary to record the same in the real property records of Tarrant County,Texas no later than the seventh(7th)day after adoption by the City Council;and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public improvement District 12—Chapel Hill Fund in the amount of$58,360.00,from available,unreserved fund balance,for the purpose of funding mid-year budget adjustments. DISCUSSION: The City of Fort Worth's Department of Economic Development administers the City's Public Improvement Districts(PIDs).The City's PID Policy outlines the need to proactively work with the City's PID management companies to oversee the services being provided within each of the PIDs. PID 12—Chapel Hill(or the Chapel Hill PID)is managed by FirstService Residential Texas PID,LLC(FirstService). On September 21,2021,City Council adopted Ordinance No.25083-09-2021,approving the fiscal year(FY)2021-2022 Budget, Five-Year Service Plan,Assessment Plan,and Tax Year 2021 Assessment Roll for the Chapel Hill PID. After conducting a mid-year review of the Chapel Hill PID's budget,City staff and FirstService has identified the need to increase the Chapel Hill PID Budget by$58,360.00 to align expenses with actual activities that are attributable primarily to increases in landscaping enhancements,additional mailing,and installation of solar lights. Revenue adjustments: Line Items Previously Recommended Amended to be Approved FY22 Mid-Year FY22 Budget Adjusted Budget Item Adjustment Item PID $92,877.00 $0.00 $92,877.00 Assessments Use of Fund $0.00 $58,360.00 $58,360.00 Balance Totals [::_—$92,877.0011 $58,360.00 1 $151,237.00 Expenditure adjustments: Line Items to Previously Recommended Amended be Adjusted Approved FY22 Mid Year FY22 Budget Item Adjustment Budget Item Landscaping $35,370.00 $15,000.00 $50,370.00 Common Area $11,400.00 Maintenance ($2,000.00) $9,400.00 Communications $1,433.001 $360.00 $1,793.00 Capital $15,750.00 $45,000.00 $60,750.00 Improvements Totals $63,953.00� $58,360.00 $122,313.00 All other previously approved line items not mentioned above remain the same. Upon approval of the above recommendations,the total budgeted expenses for FY 2021-2022 will be$151,237.00.This mid-year budget adjustment will decrease the unaudited,unassigned fund balance by a total of$58,360.00.The revised Budget and Five-Year Service Plan will take effect upon approval by City Council.The City and FirstService will amend the existing management contract to reflect the mid-year adjustment(City Secretary Contract No.56494). Funding is available for appropriation in the fund balance of the FWPID#6-Chapel Hill Fund. The beginning balance is$74,263.58,after this M&C,available balance will be$15,903.58. The Chapel Hill PID is located in COUNCIL DISTRICT 7. 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 upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the current operating budget,as appropriated,in the FWPID#12-Chapel Hill Fund. Prior to any expenditure being incurred, the Economic Development Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Reginald Zeno 8517 Originating Business Unit Head: Robert Sturns 2663 Additional Information Contact: Crystal Hinojosa 7808