HomeMy WebLinkAboutOrdinance 25488-04-2022 ORDINANCE NO. 25488-04-2022
AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE COSTS OF
CERTAIN IMPROVEMENTS AND SERVICES BENEFITTING A CERTAIN
ADDITIONAL HOTEL PROPERTY IN PUBLIC IMPROVEMENT DISTRICT
18 — TOURISM DURING THE REMAINDER OF FISCAL YEAR 2021-2022;
SETTING CHARGES AND LIENS AGAINST PROPERTY IN THE DISTRICT
AND AGAINST THE OWNER THEREOF; PROVIDING FOR THE
COLLECTION OF THE SPECIAL ASSESSMENTS; PROVIDING FOR DUE
DATES, PENALTIES, AND INTEREST; PROVIDING FOR RELIANCE ON
ORDINANCE AND RECITALS IN EVENT OF A SUIT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING THAT ORDINANCE IS
CUMULATIVE OF ALL NON-CONFLICTING PRIOR ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 372 of the Texas Local Government Code ("Code") authorizes the
creation of a public improvement district consisting of non-contiguous territory in which is located
hotels meeting certain criteria, with owners/operators of such hotel properties being subject to
assessment to pay for the services and benefits provided by the district;
WHEREAS, on August 29, 2017, the City Council adopted Resolution No. 4837-08-2017,
establishing Public Improvement District No. 18 - Tourism ("PID") in accordance with Section
372.0035 and other applicable sections of the Code;
WHEREAS, on August 18, 2020, April 13, 2021, and September 14, 2021, the City Council
adopted Resolution Nos. 5264-08-2020, 5382-04-2021, 5467-09-2021, respectively, expanding the
boundaries of the PID;
WHEREAS, on September 21, 2021, the City Council approved the following: (i) fiscal year
2021-2022 budget in the amount of$3,950,000.00, (ii) Six-Year Service Plan, and (iii) assessment roll
(M&C No. 21-0707);
WHEREAS, on September 21, 2021, the City Council also adopted Ordinance No. 25089-09-
2021, levying special assessments on property located in the PID for fiscal year 2021-2022 ("Original
Qualifying Hotels"), which assessments were based on the approved budget;
WHEREAS, on April 12, 2022,the City Council conducted a public hearing on the following
matters related to the PID: (i) expansion of the PID to include one additional hotel property and the
advisability of the improvement and services to be provided ("Services"), and (ii) the 2021-2022
assessment for the additional hotel property (M&C No. 22-0269);
WHEREAS, on April 26, 2022, the City Council conducted a second public hearing on the
above-stated PID matters and took the following actions (M&C Log Name: 17PID18
MIDYEARFY22):
• Adopted a Resolution to further Expand the PID ("Expansion Resolution")to include
the one additional hotel property listed in Exhibit A,which is attached hereto and made
Ordinance No.25488-04-2022
Page 1 of 5
a part of this Ordinance for all purposes (such property hereinafter being referred to as
"Hotel Parcel" and the hotel located thereon being referred to as a "Qualifying
Hotel"),pursuant to Section 372.0121 and other applicable sections of the Code;
• Approve the revised 2021-2022 assessment roll; and
• Adopted this Ordinance levying special assessments on the Hotel Parcel for the
remaining Fiscal Year 2021-2022.
WHEREAS, the Texas Comptroller of Public Accounts has indicated that owners/operators
may seek reimbursement in an amount equal to the special assessment from hotel guests, with such
reimbursement being a mandatory charge that is subject to state and local hotel tax (Texas Comptroller
Opinion Letter 201111277L, November 8, 2011);
WHEREAS, it is proposed that the owner/operator of the Hotel Parcel be assessed at a rate of
two percent(2%) of the consideration received from occupancy of any sleeping room furnished by the
Qualifying Hotel, which assessments will 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 II of the City Code; and
WHEREAS, notice of the above-stated public hearings on April 12, 2022 and April 26, 2022,
("Public Hearings") was published and mailed in accordance with state law, and all persons desiring
to be heard were given a full and fair opportunity to be heard at the Public Hearings.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
The Public Hearings are hereby closed, and any and all protests and objections, whether herein
enumerated or not, are hereby overruled.
SECTION 2.
The City Council, from all evidence before it, including all information provided to it and
considered in the Public Hearings, finds that the assessments described herein on the Hotel Parcel
should be made and levied in a manner that results in imposing the costs of the Services on the
Qualifying Hotel and Original Qualifying Hotels that are similarly benefitted from the provision of
those Services. The apportionment of those costs will be based on the special benefits accruing to the
Qualifying Hotel and the Original Qualifying Hotels on account of the Services provided. As a result,
the Qualifying Hotel and Original Qualifying Hotels that sell more guest rooms will pay a greater
portion of the costs of the Services because those properties will have received a greater benefit from
the promotions and marketing comprising the Services. The City Council further finds that this method
of assessment is fair and equitable and results in an apportionment of the costs of the Services that
complies with applicable law.
Ordinance No. 25488-04-2022
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SECTION 3.
In accordance with Section 372.017, Texas Local Government Code, in order to pay the costs
of the Services provided during the remaining Fiscal Year 2021-2022, the City hereby levies a special
assessment against the owner/operator of the Hotel Parcel in an amount equal to two percent (2%) of
the consideration received from the occupancy of any sleeping room furnished by the Qualifying Hotel,
which assessments will 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
II of the City Code. This is effective on the date that the Expansion Resolution is adopted by the City
Council.
SECTION 4.
The assessments levied hereunder, together with reasonable attorney's fees and cost of
collection, if incurred, are hereby declared to be and are made a lien upon the Hotel Parcel and
Qualifying Hotel, and are a personal liability and charge against the real and true owners of such
properties, whether such owners are correctly named herein or not. Such liens shall be and constitute
the first enforceable lien and claim against the Hotel Parcel and Qualifying Hotel, superior to all other
liens and claims, except state, county, school district and city ad valorem taxes. A copy of this
Ordinance may be filed with the County Clerk of each county in which a Hotel Parcel and Qualifying
Hotel are located, and when so filed constitute complete and adequate legal notice to the public
concerning the liens hereby assessed against the parcel of property and the owners thereof.
The sums assessed against the Hotel Parcel are due at the same time that hotel occupancy taxes
on the Qualifying Hotel located thereon become due, and shall become delinquent if not paid by the
applicable deadlines for hotel taxes remittance established by Chapter 32, Article II of the City Code.
The entire amount assessed against the Hotel Parcel shall bear penalty and interest, from and after the
respective due date at the same rate as prescribed Chapter 32, Article II of the City Code, for hotel tax.
SECTION 5.
If default shall be made in the payment of any assessments, collection thereof shall be enforced
by suit in any court of competent jurisdiction, and said City shall exercise all of its lawful powers to
aid in the enforcement and collection of said assessments.
SECTION 6.
The total amount assessed against the respective parcel of property and the owners thereof is in
accordance with the proceedings of the City hereto and is permitted by applicable law.
SECTION 7.
Full power to make and levy reassessments and to correct mistakes, errors, invalidities, or
irregularities in the assessments are, in accordance with the law in force in this City,vested in the City.
Ordinance No. 25488-04-2022
Page 3 of 5
SECTION 8.
In any suit upon any assessment or reassessment, it shall be sufficient to allege the substance
of the provision recited in this Ordinance and that the Recitals hereto are in fact true, and further
allegations with reference to the proceedings relating to such assessment and reassessment will not be
necessary.
SECTION 9.
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 will in no way impair the remaining portions, sections, or parts of sections of this Ordinance,
which remain in full force and effect.
SECTION 10.
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 11.
This Ordinance takes effect and is in full force and effect from and after the date of its passage.
AND IT IS SO ORDAINED.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
I -4X3:cb�
Tyl r F allach, Assistant City Attorney annette Goodall, City Secretary
M&C: 22-0306
Adopted: April 26, 2022 '
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Ordinance No.25488-04-2022
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EXHIBIT "A"
QUALIFYING HOTEL AND HOTEL PARCEL
Account Name Address City, State, Zip RMS
Four Points by Sheraton Hotel 6828 North Freeway Fort Worth, TX 113
76137
Ordinance No.25488-04-2022
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/26/22 M&C FILE NUMBER: M&C 22-0306
LOG NAME: 17PID18 MIDYEARAMENDFY22
SUBJECT
(ALL)Conduct Public Benefit Hearing Concerning the Following Matters Related to Fort Worth Public Improvement District No. 18—Tourism
(Tourism PID):(1)Expansion of the Tourism Public Improvment District to Include One Additional Hotel,and (2)the 2021-2022 Assessment for the
Additional Hotel Property;Adopt the Attached Resolution Authorizing and Expanding the Tourism PID to Include One Additional Hotel Property;
Approve Attached Revised 2021-2022 Assessment Roll;and Adopt Attached Ordinance Levying Special Assessments on the Additional Hotel
Property for Fiscal Year 2021-2022
(PUBLIC HEARING-a. Report of City Staff:Crystal Hinojosa;b. Citizen Presentations;c.Council Action:Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct Public Benefit Hearing Concerning the following matters related to Fort Worth Public Improvement District No. 18—Tourism
(Tourism PID):(1)Expansion of the Tourism Public Improvement District to include one additional hotel property,and(2)the 2021-2022
Assessment for the additional hotel;
2. Adopt the attached Resolution(i)making certain findings concerning the nature and advisability of the 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 additional hotel;
3. Approve the attached, revised 2021-2022 assessment roll.
4. Adopt the attached ordinance levying special assessments on the additional hotel property for Fiscal Year 2021-2022;
5. Direct the City Secretary to record a copy of the Assessment Ordinance in the real property records of the appropriate county no later than
the seventh(7th)day after adoption by the City Council.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to conduct a second public hearing concerning the expansion of Fort Worth
Public Improvement District 18-Tourism(Tourism PID)to include one additional hotel property and the 2021-2022 assessment for the additional
hotel property,along with certain actions related thereto. The City Council conducted the first public hearing on April 12,2022,finding that the
Petition to Expand the Tourism PID met the requirements set forth in Chapter 372 of the Texas Local Government Code("Code"),approving the
filling of the revised 2021-2022 assessment roil, and setting this public hearing.
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),5382-04-2021 (April 13,2021),and 5467-09-2021 (September
14,2021), and April 12,2022(M&C 17ED PIDI8EXPANDTPID).
EXPANSION OF THE TOURISM PID
Boundaries:
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,copies of which are
attached to this M&C within the Petition.
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 every time 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 of the Code 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 PD. 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 aggregates,more than 60%of the are of all taxable real property liable for assessment in the
Tourism PID. If the addition of the new property results in these numbers dropping at or below the 60%threshold,then the property may not be
added.
Inclusion of the Four Points by Sheraton Hotel, located at 6828 North Freeway, Fort Worth,Texas 76137(Four Points)meets the above-stated
elements and,therefore, may be considered by the City Council for inclusion into the Tourism PID.
First,the Four Points is a hotel property.
With regard to the second element,the property owner,or its duly authorized representative,for the new hotel property, has signed a petition
requesting inclusion within the Tourism PID.This results in an increase to 79.93%of the appraised value of taxable real property liable for
assessment,67.60%for the area of all taxable real property liable for assessment, and 64.91%of record owners liable for assessment. Because
the percentages are still above the 60.00\%threshold,inclusion of the Four Points the property meet the second element.
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.
Costs of the Improvements and Services:
The total costs for the adopted 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 for this fiscal year began 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.
Staff recommendation:
Staff recommends that City Council adopt the attached resolution authorizing and expanding the Tourism PID to include the above-state
one additional hotel property, along with the corresponding assessment ordinance.
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 by. Reginald Zeno 8517
Originating Business Unit Head: Robert Sturns 2663
Additional Information Contact: Crystal Hinojosa 7808
Expedited