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Home My WebLink AboutOrdinance 26100-04-2023ORDINANCE NO. 26100-04-2023 AN ORDINANCE AMENDING THE FISCAL YEAR 2022-2023 BUDGET AND FIVE- YEAR SERVICE PLAN FOR PUBLIC IMPROVEMENT DISTRICT NO. 1 - DOWNTOWN; 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 improvem e nt districts ; WHEREAS, on June 23,2009, the City Council of the City of Fort Worth ("City Council") authorized the re-establishment of Public Improvement District No. 1 -Downtown ("District"), as a public improvement district in accordance with the Act and Resolution No . 3756-06-2009 ; WHEREAS, on September 13 , 2022, the City Council adopted Ordinance No. 25710-09-2022, approving the fiscal year 2022-2023 budget, five-year service plan , assessment plan , and tax year 2022 assessment roll for the District ; WHEREAS, the City Council desires to amend the fiscal year 2022-2023 budget and five-year service plan ("Amended Service Plan "), which is attached hereto as Exhi bit A and incorporated herein for all purposes; WHEREAS, the Amended Service Plan is intended to supersede the Service Plan set out in Ordinance No. 25710-09-2022; 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 2022-2023 . 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. 26100-04-2023 Page 1 of 4 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 th ) 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 AND LEGALITY: Ni co Arias (May 1, 2023 09:03 CDT) Nico Arias, Assistant City Attorney M&C: 23-0307 Adopted and Effective: April 25, 2023 ATTEST: r A .t,.z.-0..0 Q Jannette Goodall , City Secretary Ordinance No. ------ Page 2 of 4 R 'IIENUES ~1u:,=neml5' OOPI\I """'"'''""'"'l COPI\I P,;,)!fflenl i "'dS..-wc= P.IO C-e,n orall!<IR..,-..,ue f atal lludgolad R""'"""""' UzdFund8olance T"tal R'""'"'- E'XPEIISES tl.lana,;r ornml f ee Utila5 1..,ru:!=Fing Llaillll!m= & O.,eralicre; Tree-l gt-.ts Seauil;• ;'i;mb,m ;a ,b-P,ogr,;,n, NNtSieu.. t.la,uting & R""""""b iral15f"ll1atioo & Plam ning C~yAudt O~y Adrninis1rali.., f ee T'otal llllldgotad Eq,aoSRs Ccntribution lo fuod Ba,l.,na, Total Eq,ar,si, HIii Clhangl In ,.._,d 111:a lanc,a EXHIBIT A AMENDE D SERVICE PLAN Cil}I of Fort WortJ, Mid •Ynr Five You S,arvloc, Plan F't 2:2~ • F't2.1"27 Pub& lmprow "t District Ha. 1 • Fart W<xtb FIii 'l'EAA SERVICE ~LAN FY22.121 f'\'2:1124 N2A.l21 $2,141,112il $ 2.,!24 RI $ 943,242 337.05& 29-!l6 296,395 '158,.4:l l 16 oao 16&.~0ll 160,.000 l 'So.llOO 1501000 $3,3&5,311 s 3,4:34,,411 s:1,.s~m U,315,31& $ 3,c34,/IH sa.111:m $ !i02,750 $ 5 12,,8C6 $ '.529 , 99 1 1_&10 1:U,00 3,(100 106.,000 110.000 1 10/tlO!l 1,lfil ,950 1.260.000 7Q/C0l 100.000 20.000 l0/00!) 10,}'00 10.700 l 1;9e1 1rn.ooo f;BS,,000 685,00!l 12.600 12,,500 12,500 4 17.200 400,,000 00.00!l 200 50 175,.350 165,00!l 2,,600 500 2.fiOO 6B,.96!> 6B.,6!l0 71, 39 $3,381,311 s 3 ,.2JH0,14$ $ 3,29t,i!Ot $ $ 1'4,U1 s 217.W u.aau,s $ 3 ,,U(,,4l'$ au~m $ $ 1'4,,!31 :S 217;W Fun &lances, Besinning d Year [E~.11.-d Yrs 2 -51 157.24S 12f!J!l!6 200,,Sll6 Jiisbm..i,,d fund &Lance,, lond <>I Y.-.. 157.,24S 29 !le 5S 1,:!2~ Rl,,save Rlo:juiremellt !>45.(lll 54 !l6 ·558.100 O..,r (Und.-, Rosm>o1 $ {3U.TH) $ (21 3!191· $ 47A7tl -,'(2,023 malt AssessmDI Raia • $-11 I F\'25121 f!Y211?7 $ 3 100 1,539 295 ,39S 171,0611 1&1,0llO U ,ua,coo S3,74U79 $3.,'41,toO U ,74U79 $ S,!,11 ,Q3S s 580 sa 14 ,000 l S,,000 10 ,000 11 000 1.Vll,000 1,27 00 20,000 • 000 12 ,220 12,.2:!ll 725,000 72S,,OOO 12 ,500 12,,500 400,000 ,$ll(l,l)OO 88,300 171 ,66a 2 ,500 00 72 ,972 74 110 $3,341,'27 U ,399.102 $ m, n s 34Un $:l.'41,$00 $3,742.979 $ m,on s 34Un 55 1,224 !Mi 97 8,Ul ,297 1,19 174 5&6 ,630 15611.,630 $ 211 ,117 $ C?S.,144 The total budgeted costs of the improvements and services for the District for fiscal year 2022-2023 are $3,385,315.00. Of this amount, $2,741,826.00 w ill be funded by assessments collected on privately -owned parcels located in the District. The remainder of the costs will be funded by other revenue sources, including: Ordinance o. ------- Page 3 of 4 • $156,431.00 in direct payments from the City for payment in lieu of services, which was appropriated from the General Fund balance by City Council action on September 13 , 2022 , and by this amendment; • $337,058.00 in direct payments from the City for payment in lieu of assessments, which was appropriated from the General Fund Balance by City Council action on September 13 , 2022, and by this amendment. • $150,000.00 in additional funds to be transferred from revenue generated by the PIO. Ordinance No. ------ Page 4 of 4 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/23 M&C FILE NUMBER: M&C 2 3-0307 LOG NAME: 17PID01 MIDY EARFY23 SUBJECT (CD 9 I Future CD 9) Adopt Ordinance Amending the Fiscal Year 20 22-2023 Budget and Five-Year Service Plan for Public Improvement District 1 -Downtown and Adopt Appropriation Ordinances RECOMMENDAT ION: It is recommended that the City Council : 1. Adopt the attached ordinance amending the Fiscal Year 2022-2023 Budget and Five-Year Service Plan for Public Improvement District 1 - Downtown 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 (7 th) day after adoption by the City Council ; 2 . Adopt the attached appropriation ordinance adjusting appropriations in the General Fund by decreasing appropriations in the Non - Departmental Department in the amount of $42 ,087 .00 and increasing appropriations in the Economic Development Department by the same amount, for the purpose of transfer to the Fort Worth Public Improvement District 1 -Downtown Fund for funding Payment In-Lieu of Services and City of Fort Worth Payment In -Lieu of Assessments ; and 3 . Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Fort Worth Public Improvement District 1 -Downtown Fund in the amount of $42 ,087.00 , transferred from Economic Development Department General Fund , for purpose of funding Payment In-Lieu of Services and City of Fort Worth Payment In -Lieu of Assessments and decreasing appropriations in the amount of $41,247 .00, in Fiscal Year 2022-2023 , in unreserved fund balance. DISCUSS ION: The City of Fort Worth's Department of Economic Development administers the City's Public Improvement Districts (PIDs). The City's PIO Policy outlines the need to proactively work with the City 's PIO managem ent companies to oversee the services being provided within each of the PIDs. PIO 1 -Downtown (Downtown PIO) is managed by Downtown Fort Worth Inc., (DFWI ). On September 13 , 2022 , City Council adopted Ordinance No . 25710-09-2022 , approving the fiscal year (FY) 2022-2023 Budget , Five-Year Service Plan , Assessment Plan , and Tax Year 2022 Assessment Roll for the Downtown PIO . After conducting a mid-year review of the Downtown PID 's budget, City staff and DFWI has identified the need to increase Downtown Pl D's (City of Fort Worth) allocations by $42 ,087 .00 to account for 1) $424 .00 of additional payment in-lieu of services and 2) $41 ,663 .00 of additional City payment in-lieu of assessments . The additional revenue increase will result in a reduction to the orig inal use of the fund balance in the amount of $41 ,247 .00 . Expenditure adjustments can be primarily attributable to a reallocation of landscaping and maintenance operations to the ambassador program to account for inflation . Two line items listed on the Five-Year Service Plan require a transfer of City funds: (1 ) the City Payment In-Lieu of Services and (2) the City of Fort Worth Assessment. The City's Payment In-Lieu of Services is a supplement to the PIO budget and intended to provide for the standard level of improvements and services as comparable to what would be provided by the City for the taxpayers generally. The City of Fort Worth payment in- lieu of Assessment is an allocation to the PIO budget for assessments the City would pay on City-owned properties in the Downtown PIO , if the City was not a tax-exempt entity . Revenue Adjustments: Line Items to Previous ly Recommended Amended be Adjusted Approved FY23 Mid-Year FY23 Budget Budget Item Adjustment Item PIO $2 ,741,826 .00 , 7 .. 1 ,826.00 Assessments COFW Payment in lieu $156 ,007 .00 $424 .00 $156 ,431.00 of Services COFW I $295 ,395 .001 $41 ,663 .00 $337 ,058.00 Assessment PIO Generated I $150 ,000 .001 $0.00 $150 ,000 .00 Revenue II II Use of Fund Balance Totals $41 ,247 .00 ($4 1,247.00) ,384,475.00 Expenditure Adjustments: Line Items Previously Recommended to be Approved FY23 Mid-Year Adjusted Budget Item Adjustment [Landscaping II $115 ,ooo.oo ll ($9 ,000.00)11 Maintenance $1 ,260 ,110.00 ($8,160.00) & Operations Ambassador $685 ,000 .00 $18 ,000.00 Program Totals = $2,060,110.00 $840.00 $0.00 Amended FY23 Budget Item $106 ,000 .ool $1 ,251 ,950 .00 $703 ,000 .00 $2,060,950.00 All other previously approved line items not mentioned above remain the same . Upon approval of the above recommendations , the total budgeted expenses for FY 2022-2023 will be $3 ,385 ,315.00 . This m id-year budget adjustment will increase the unaud ited , unassigned fund balance by a total of $41 ,247 .00. The revised Budget and Five-Year Service Plan will take effect upon approval by City Council. The City and DFWI will amend the existing management contract to reflect the mid -year adjustments (City Secretary Contract No. 58435). Funding is budgeted in the Other Contractual Services account of the Nond ept Other Contractual Department's General Fund. The Downtown PIO is located in COUNCIL DISTRICT 9 / FUTURE COUNCIL DISTRICT 9. A Form 1295 is not required because : This M&C does not request approval of a contract with a business entity. F ISCAL INFORMATION/ CERTIFICATION: The Director of Finance certifies that upon approval of the recommendations and adoption of the attached appropriation ordinances, funds will be availab le in the current operating budget , as appropriated , in the FWPID #1 -Downtown 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: William Johnson 5806 Originating Business Unit Head: Robert Sturns 2663 Additional Information Contact: Crystal Hinojosa 7808