HomeMy WebLinkAboutOrdinance 26106-04-2023ORDINANCE NO. 26106-04-2023
AN ORDINANCE AMENDING THE FISCAL YEAR 2022-2023 BUDGET AND FIVE-
YEAR SERVICE PLAN FOR PUBLIC IMPROVEMENT DISTRICT NO. 7 -
HERITAGE; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER
ORDINANCE S; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Public Improvem e nt District Assessment Act, Chapter 372 of the Texas Local
Government Code ("Act"), allows for the creation of public improve me nt districts;
WHEREAS, on September 26, 2000 , the City Council of the City of Fort Worth ("City Counci l")
authorized the establishment of Public Improvement District No. 7 -Heritage ("District"), as a public
improvement di strict in accordance with the Act and Reso lution No. 2675 ;
WHEREAS, on September 13, 2022, the City Council adopted Ordina nc e No. 25714-09-2022,
approving the fiscal year 2022-2023 budget, five-year service plan, assessment plan, and tax year 2022
assessment rol I for the District ; ·
WHEREAS, the C ity Council desire s to amend the fiscal year 2022-2023 bud get and five-year se rvice
plan ("Amended Service Plan "), which is attached hereto as Exhibit A and incorporated herein for all purposes;
WHEREAS , the Amended Service Plan is intend ed to supersede the Service Plan set out in Ordinance
No. 25714-09-2022 ; and
WHEREAS, the Amended Service Plan will not affect the previously adopted Assessment Plan or
Assess ment 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 a re true and correct and form the basis upon which thi s 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 feasib le and advisab le and will serve the needs and desires of the property owners in the District.
SECTION 3.
Should a ny portion , section or part of a sect ion of this Ordinance be declared invalid, inoperative, or
void for any reason by a court of competent jurisdiction , such decision , op inion 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. 26 I 06-04 -2 023
Page 1 of3
SECTION 4.
This Ordinance is cumu lative of a ll 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 in stance said conflicting provisions of said prior ordinances and appropriations are
hereby express ly re pealed .
SECTION 5.
The C ity 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 seve nth (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:
Nico Arias (Ma y 1, 2023 09:04 CDT)
Nico Arias, Assistant City Attorney
M&C: 23 -0 309
Adopted and Effective : April 25, 2023
ATTEST:
Jannette Goodall , City Secretary
Ordinance No . 26106-04-2023
Page 2 of 3
EXHIBIT A
AMENDED SE RV ICE PLAN
City of Fort Worth
M id-Yea r Adjustment F"ive Yea r Service Plan FY23-FY27
Public lrr.,rovement District tlo. 7 -Heritage
FY22123 FY23/24 FY24J2 5 FY25126 FY26/27
REVENUES
PIO Asseosments $1,860 ,54 3 $1,916 ,359 $ 1,973 ,850 $ 2,033,065 $ 2,094,057
COFW Payment in lieu of Servi ces 206,392 191,096 191,096 191,096 191,096
COFW Assessment 17,313 16,716 16,716 16,716 16,716
Total Budge ted Revenues $ 20114,248 $ 2,124 ,171 $ 2,1 81,662 $ 2,240,STT $ 2,301,869
Use of Fund Balance 251,140
Tota l Funds Available for Use $ 2,33 5,388 $ 2,124,171 $ 2,181 ,662 $ 2,24 0,877 $ 2,301,869
EXP EtlSES
Manag ement Fee $ 145,000 $ 146,000 $ 150 ,000 $ 152,000 $ 154 ,000
U tifrties 237,000 242,000 24 7,000 252,000 257,000
lllndsc3l)ing/Tree N aintenance 1,080,000 1,0SB,455 1,090,000 1,100 ,000 1,125,000
Common Area Mai ntenan ce 348,076 165,000 170 ,000 225,000 240,000
Holiday Ligrting 69,945 7 ,000 7 ,000 70,000 70,000
Security Enhancen,ents 105,000 1G5,000 105,000 105,000 105,000
Advertisi ng 500 500 500 500 500
Publi C Events 156 ,000 158,000 16!1 ,000 160 ,000 160 ,000
Capital llll)rOvements 150,000 55,000 90,000 85,000 120 ,000
Annual Review 2,500 2,500 2 ,500 2,500 2,500
City Admi nistrative Fee 4 1,367 -42,483 43,633 -44 ,8 18 46,037
Tota l Bu dgeted Expenses $ 2,33 5,388 $ 2,106,938 $ 2,128,633 $ 2,196,818 $ 2,280,037
Con "bution to Fund 831a nce 17,233 53 ,029 44 ,0 59 2 1,832
Tota l Expenses $ 2,335,388 $ 2,124,171 $ 2,1 81,662 $ 2,240 ,877 $ 2,301,869
tlet Change in Fund Balance $ (251 ,140) $ 17,233 $ 53,029 $ 44 ,059 $ 21 ,832
F und B313noe, BegiM ing o Year (Estimated Yrs 2-5) 951,336 700,196 717,429 770,458 814,517
Estimated Fl.lld B ance , End of Year 700,196 7 17,429 770 ,458 8 14,517 836,349
ReseJVe Requirement 35 1,227 354 ,843 366,209 380 ,0 82 380,082
Over (Under) Reserve $ 348 ,970 $ 362,586 $ 404,248 $ 434,435 $ 456,266
•FY20 23 Assessment Rate= $.150 ResidentiaL' $.110 Comme rcial
T h e to t a l budgeted costs of the imp roveme nts and services for t he Di str ict for fiscal year 2022-2023 are
$2 ,335,388 .00 . Of th is amoun t, $1,860,543.00 w ill be funded by assessments co ll ected on privately-owned
pa rce ls located in the D istrict. T he remain der of t he cos ts wi ll be funded by othe r reve nu e sources, in c ludin g :
• $206 ,392 .00 in d irec t payments from t he C ity for payment in lie u of serv ices, w h ic h was appropri ated
fro m the Ge neral F und ba lance by C ity Counc il act io n on September 13, 2022 , and by thi s amendment; an d
• $17 ,3 13 .00 in d irect payme nts fro m th e C ity for p ay me nt in li e u of assess men t s, w h is h was a pp ro pri ated
from t he General F und b a lance by City Coun c il action on September 13 , 2022, and by th is amendment; and
• $251 ,140.00 transferred fro m t he unaudited , unass igned fund balance by City counc il on September 13 1,
2 022 , a nd by th is amend me nt.
Ordi nance No . 26106 -04-202 3
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/25/23
LOG NAME: 17PID07 MIDYEARFY23
SUBJECT
M&C FILE NUMBER: M&C 23-0309
(CD 4 and CD 7 I Future CD 7 and CD 10) Adopt Ordinance Amending the Fiscal Year 2022-2023 Budget and Five-Year Service Plan for Public
Improvement District 7 -Heritage and Adopt Appropriation Ordinances
RECOMMENDATION:
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 7 -
Heritage to reflect amendments associated with a mid-year review and dire ct the City Secretary to record the same in the real property
records ofTarrant County , Texas no later than the seventh (ih) 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 $15,893 .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 7 -Heritage 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
7 -Heritage Fund increasing appropriations in the amount of $15 ,893 .00 , transferred from Economic Development Departments 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 Fort Worth Public Improvement District 7 -Heritage Fund in the amount of $15 ,893 .00 , in Fiscal Year 2022-2023 ,
in unreserved fund balance .
DISCUSSION:
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 management companies to oversee the services being provided within each of the PIDs .
PIO 7 -Heritage (Heritage PIO) is managed by FirstService Residential Texas PIO , LLC (FirstService).
On September 13 , 2022 , City Council adopted Ordinance No . 25714-09-2022, approving the fiscal year (FY) 2022-2023 Budget , Five-Year
Service Plan , Assessment Plan , and Tax Year 2022 Assessment Roll for the Heritage PIO. After conducting a mid-year review of the Heritage
Pl D's budget, City staff and FirstService have identified the need to increase Heritage Pl D's budget by $15,893 .00 to account for 1) $15 ,296.00 of
additional payment in-lieu of services , and 2) $597 .00 of additional City payment in-lieu of assessments. The additional revenue increase will
result in a reduction to the original use of the fund balance in the amount of $15,893 .00 .
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 Heritage 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
Assessment is an allocation to the PIO budget for assessments the City would pay on City-owned properties in the Heritage PIO , if the City was
not a tax-exempt entity.
Revenue Adjustments:
Line Items to Previously Recommended Amended
be Adjusted Approved FY23 Mid-Year FY23 Budget
Budget Item Adjustment Item
PIO $1 ,860 ,543 .00 $0 .00 $1 ,860 ,543 .00 Assessments
COFW
Payment in lieu $191 ,096 .00 $15,296 .00 $206 ,392.00
of Services
COFW $16 ,716.00 $597 .00 $17 ,313.00 Assessment
Use of Fund $267 ,033 .00 ($15 ,893 .00) $251 ,140 .00 Balance
Totals 1$2,335,388.00 1$0.00 I $2.33 •• 3 ••.••
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 $2 ,335 ,388 .00 . This mid-year budget
adjustment will increase the unaudited , unassigned fund balance by a total of $15 ,893 .00 . The revised Budget and Five -Y ear 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 adjustments
(City Secretary Contract No. 58421 ).
Funding is budgeted in the Other Contractual Services account of the Nondept Other Contractual Department's General Fund .
The Heritage PIO is located in COUNCIL DISTRICTS 4 & 7 / FUTURE COUNCIL DISTRICTS 7 & 10 .
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 ordinances , funds
will be available in the current operating budget , as appropriated , in the FWPID #7 -Heritage 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