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HomeMy WebLinkAboutOrdinance 25438-04-2022 ORDINANCE NO.25438-04-2022 AN ORDINANCE AMENDING THE FISCAL YEAR 2021-2022 BUDGET AND FIVE- YEAR SERVICE PLAN FOR PUBLIC IMPROVEMENT DISTRICT NO. 20 — EAST LANCASTER AVENUE; 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 February 12, 2019, the City Council of the City of Fort Worth ("City Council") authorized the establishment of Public Improvement District No. 20—East Lancaster Avenue("District"),as a public improvement district in accordance with the Act and Resolution No. 5052-02-2019. WHEREAS, on September 21, 2021, the City Council adopted Ordinance No. 25093-09-2021, 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.25093-09-2021;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.25438-04-2022 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: �O Jannette S.Goodall(Apr 15,2022 13:32 CDT) Tyler F.Wallach,Assistant City Attorney Jannette Goodall,City Secretary M&C:22-0238 '- �, -1 OF F�RT Adopted and Effective:April 12,2022 tF �kAS Ordinance No.25438-04-2022 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.20-East Lancaster FY21/22 FY22/23 FY23/24 FY24/25 FY25/26 REVENUES PID Assessments $ 257,384 $ 262,532 $ 267,783 $ 273,139 $ 278,602 Total Budgeted Revenues $ 257,384 $ 262,532 $ 267,783 $ 273,139 $ 278,602 Use of Fund Balance 39,000 6,870 - - - Total Funds Available for Use $ 296,384 $ 269,402 $ 267,783 $ 273,139 $ 278,602 EXPENSES Management Fee $ 17,800 $ 17,800 $ 17,800 $ 17,800 $ 17,800 'City Administrative Fee 5,148 5,251 5,356 5,463 _5,572 Security 254,280 239,047 236,833 241,795 247,856 Community Marketing/Events 12,656 2,804 2,500 2,500 2,500 Audit/Annual Review 2,500 2,500 2,500 2,500 2,500 Communications 4,000 1 2,000' 2,000: 2,000 2,374- Total Budgeted Expenses $ 296,384 $ 269,402 $ 266,989 $ 272,058 $ 278,602 Contribution to Fund Balance - - 794 1,081 - Total Expenses 296,384 269,402 i 267,783 273,139, 278,602 Net Change in Fund Balance $ (39,000) $ (6,870) $ 794 $ 1,081 $ - Fund Balance, Beginning of Year(Estimated Yrs 2-5) 84,909 45,909 39,039 39,833 40,914 Estimated Fund Balance, End of Year 45,909 39,039 39,833 40,914 40,914 Reserve Requirement 44,909 44,507 45,352 46,443 46,443 Over(Under)Reserve $ 1,000 $ (5,468) $ (5,519) $ (5,529) $ (5,529) The total budgeted costs of the improvements and services for the District for fiscal year 2021-2022 are $296,384.00. Of this amount, $257,384.00 will be funded by assessments collected on privately-owned parcels located in the District. The remaining $39,000.00 will be funded as follows: (1) $24,000.00 transferred from the unaudited,unassigned fund balance by City Council on September 21,2021, and(2)an additional$15,000 to be transferred from the unaudited,unassigned fund balance by City Council. Ordinance No.25438-04-2022 Page 3 of 3 City of Fort Worth,Texas Mayor and Council Communication DATE: 04/12/22 M&C FILE NUMBER: M&C 22-0252 LOG NAME: 17PID20 MIDYEARFY22 SUBJECT (CD 5 and CD 8)Adopt Attached Ordinance Amending the Fiscal Year 2021-2022 Adopted Budget and Five-Year Service Plan for Public Improvement District 20—East Lancaster Avenue 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 20— East Lancaster Avenue 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 20—East Lancaster Avenue Fund in the amount of$15,000.00,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 20—East Lancaster(or the East Lancaster PID)is managed by FirstService Residential Texas PID, LLC(FirstService). On September 21,2021,City Council adopted Ordinance No.25093-09-2021,approving the fiscal year(FY)2021-2022 Budget, Five-Year Service Plan,Assessment Plan,and Tax Year 2021 Assessment Roll for the East Lancaster PID. After conducting a mid-year review of the East Lancaster PID's budget,City staff and FirstService have identified the need to increase the East Lancaster PID Budget by$15,000.00 to align expenses with actual activities that are attributable primarily to increases in security for increased patrols and community marketing/events to cover costs of annual meetings and events. Revenue Adjustments: Line Items Previously Recommended Amended to be Approved FY22 Mid-Year FY22 Budget Adjusted Budget Item Adjustment Item PID $257,384.00 $0.00 $257,384.00 Assessments Use of Fund $24,000.00 $15,000.00 $39,000.00 Balance Totals $281,384.00 $15,000.00 $296,384.00 Expenditure Adjustments: Line Items to Previously Recommended Amended be Adjusted Approved FY22 Mid-Year FY22 Budget Item Adjustment Budget Item Security $248,280.00 $6,000.00 $254,280.00 Community Marketing/ $4,656.00 $8,000.00 $12,656.00 Events Communications $3,000.00 $1,000.00 $4,000.00 Totals $255,936.00; $15,000.00 $270,936.00 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$296,384.00.This mid-year budget adjustment will decrease the unaudited,unassigned fund balance by a total of$15,000.00.The revised Budget and Five-Year Service Plan will take effect upon approval by City Council. The City and FirstService will update the existing contract to reflect the mid-year adjustment(City Secretary Contract No.56491). Funding is available for appropriation in the fund balance of the FWPID#20-East Lancaster Ave Fund. The beginning balance is $45,909.02,after this M&C,available balance will be$69,909.02. The East Lancaster PID is located in COUNCIL DISTRICTS 5&8. 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#20-East Lancaster Ave 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