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Home My WebLink AboutOrdinance 26107-04-2023ORDINANCE NO. 26107-04-2023 AN 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 ASSESSMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2022-2023 in the Budget of the City Manager, there shall also be adjusted 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 Assessments. SECTION 2. That 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 said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ord inance shall be cumulative of Ordinance 25773-09-2022 and 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, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed .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 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: ALL Nico Arias (May 1, 2023 09:04 COT) Assistant City Attorney ADOPTED AND EFFECTIVE: April 25, 2023 CITY SECRET ARY Jannette S. Goodall City Secretary City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/23 LOG NAME: 17PID07 MIDYEARFY23 SUBJECT M&C FILE NUMBER: M&C 2 3-0309 (CD 4 and CD 7 / Future CD 7 and CD 10) Adopt Ordinance Amending the Fis cal Year 2022-2023 Budget and Five-Year Servi ce Plan for Public Improvement District 7 -Heritage and Adopt Appropriation Ordinan ces 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-ye ar review and direct 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 Assessm e nt 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 $2,335,388.00 $0.00 $2 ,335,388.00 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 $2 ,335 ,388 .00 . This mid-year budget adjustment w ill increase the unaudited, unassigned fund balance by a total of $15 ,893.00. 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 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 Slums 2663 Additional Information Contact: Crystal Hinojosa 7808