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HomeMy WebLinkAboutOrdinance 26109-04-2023ORDINANCE NO. 26109-04-2023 AN ORDINANCE AMENDING THE FISCAL YEAR 2022-2023 BUDGET AND FIVE- YEAR SERVICE PLAN FOR PUBLIC IMPROVEMENT DISTRICT NO. 15 -SUN VALLEY; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Improve ment Di strict Assessment Act, Chapter 372 of the Texas Local Government Code ("Act"), allows for th e creation of public improvement districts; WHEREAS , on August 21, 2012, the City Council of th e City of Fort Worth ("City Council") authorized the estab li shment of Public Improvement District No. 15 -Sun Valley ("District"), as a public improvement district in accordance with the Act and Resolution No. 4120-08-2012; WHEREAS, on September 13 , 2022, C ity Council adopted Ordinance No. 25722-09-2022, approving the fiscal year (FY) 2022-2023 Budget, Five-Year Service Plan , Assessment Plan, and Tax Year 2022 Assessment Roll for the Sun Valley PID; WHEREAS , the City Council desires to amend the fiscal year 2022-2023 budget and fiv e-year serv ice plan ("Amended Service Plan "), which is attached hereto as Exh ibit A a nd incorporated herein for all purposes ; WHEREAS , the Amended Service Plan is intended to supersede the Service Plan set out in Ordinance No. 25722-09-2022; 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 findin gs 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 supp lemental services and improvements set forth in the Service Plan are feasible and advisable and wi ll 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 vo id for any reason by a court of competent jurisdiction, such decision , opinion or judgment shall in no way impair the remaining portions, sect ions , or parts of sect ions of this Ordinance, which shall remain in full force and effect. Ordin anc e o. 26 10 9-04-2023 Page 1 of3 SECTION 4. This Ordinance is cumulative of all other ordinances and appropriations amending th e same except in those instances where the provisions of this Ordinance are in direct conflict with s uch 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 thi s Ordinance to be recorded in the real property records of Tarrant County, Texas no later than the seventh (7 th ) day after th e 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 Aria s(May 1, 2023 09:06 CDT) Nico Arias, Assistant City Attorney M&C: 23 -0310 Adopted and Effective: April 25, 2023 ATTEST: Jannette Goodall, City Secretary Ordinance No . 26109-04-2023 Page 2 of3 EXHIBIT A AMENDED SERVICE PLAN City of Fort Worth Mid-Year Five Year Service Pl an Publ ic Improvement District No. 15 -Sun Valley Fiscal Year 22123 -26/27 FY22123 FY23/24 REVENUES PIO Assessments s 14 1,410 $ 147,066 Budgeted Revenues $ 141 ,410 $ 147,066 Use of Fu nd Balance 33,476 Total Revenues $ 174,886 $ 147,066 EXPEN SE S Management Fee $28,282 $ 29,413 Security Enhancements 108,080 84 ,446 Equipment Rental 5,196 4,800 Vehide Maintenance 3,000 3,000 SurveiDance Cameras '24,000 18,500 Website/software 500 500 Printing 500 500 City Administrative Fee 2,828 2,941 City Aud i1 2,500 2,500 Total Budgeted Expenses $ 174,886 $ 146,600 Contribution to Fund Balance 466 Total Expenses $ 174,886 $ 147,066 Net Change In Fund Ba lance $ (33,476) $ 466 Estimated Fu nd Balance , Begiming of Yea r 85,521 52,045 Estimated Fund Balance . End of Year 52,045 52,511 Reserve Requirement 24.438 23,899 Over (Under) Reserve $ 27,607 $ 28,612 'FY2023 Assessment Rate • $.24 FY24/25 FY25/26 FY26/27 $ 152 ,949 $ 159,067 $ 160,798 $ 152,949 $ 159,067 $ 160,798 $ 162,949 $ 159 ,067 $ 160 ,798 $ 30,590 $ 31 ,813 $ 32 ,160 85,864 89,110 75,116 4,800 4 ,800 4,800 3,000 3,000 3,000 12,500 12,500 12,500 500 500 500 550 550 550 3,059 3 ,181 3,216 2,500 2,500 2 ,500 $ 143,363 $ 147,954 $ 134,342 9,586 11 ,113 26,456 $ 152 ,949 $ 169,067 $ 160,798 $ 9,586 $ 11 ,113 $ 26,456 52,511 62,097 62,097 73,210 26,456 24 ,664 24,664 22 ,395 $ 37 ,433 $ 48,546 $ 4,061 The total budgeted costs of the improvements and se rvices for the Di str ict for fi scal year 2022-2023 are $174,886.00. Of thi s amount, $141,410.00 will be funded by assessment s collected on priv atel y-owne d parcels loc ated in the District. The rem a inder of th e costs will be funded by other revenue sources, including: $33,476.00 transferred from the unaudited , unass igned fund bal anc e by City Council on September 13 , 2022, and by this amendment. Ordinance No . 26 109-04-2023 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/2 3 LOG NAME: 17PID15 MIDYEARFY23 SUBJECT M&C FILE NUMBER: M &C 23-0310 (CD 5 / Future CD 11) Adopt Ordinance Amending the Fiscal Year 2022-2023 Budget and Five-Year Service Plan for Public Improvement District 15 -Sun Valley and Adopt Appropriation Ordinance 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 15 - Sun Valley to reflect amendments associated with a mid -year review and direct the City Secretary to record the same in the real property records ofTarrant County , Texas no later than the seventh (Jlh) day after adoption by the City Council ; and 2 . Adopt the attached appropriation ord i nance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 15 -Sun Valley Fund in the amount of $21 ,116 .00 , from available , unreserved fund balance , for the pu rpo se of funding mid-year budget adjustments. DISCUSSION: The City of Fort Worth 's Department of Economic Development administers the City's Publi c Improvement Districts (PIDs ). The City's PIO Policy outlines the need to proactively work with the City's PIO management companies to oversee the se rvices being prov ided within each of the PIDs. PIO 15 -Sun Valley (Sun Valley PIO) is managed by Orasi Development, LLC (Orasi). On September 13 , 2022 , City Council adopted Ordinance No . 25722-09-2022 , approving the Fiscal Year (FY) 2022-2023 Budget, Five-Year Service Plan, Assessment Plan , and Tax Year 2022 Assessment Roll for the Sun Valley PIO . After conducting a mid-year review of the Sun Valley Pl D's budget, City staff and Orasi have identified the need to increase the Sun Valley PIO Budget by $21 ,116 .00 to align expenses with actual activities that are attributable primarily to increases in security for hourly rate adjustments and sales ta x cha rges for equipment. Revenue Adjustments : Line Items to be Adjusted . Recommended Amended Previously Approved Mid-Year FY 23 FY23 Budget Item djustment Budget Item PIO $141 ,410 . $0 .00 $141 ,410 .00 $21,116.0 Expenditure Adjustments: . Recommended Amended Line Items to Previously Approved Mid-Year FY23 be Adjusted FY23 Budget Item djustment Budget Item $87 ,360 .00 $20,720 .00 $108 ,080 . $4 ,800 .00 $396 .00 $5 ,196 . $92,160.00 $21 ,116.00 $113,276.00 All other previously approved line items not mentioned above remain the same . Upon approval of the above recommendations , the total budgeted expenses fo r FY 2022-2023 will be $174 ,886.00. This mid-year budget adjustment w ill decrease the unaudited , unassigned fund balance by a total of $21 ,116.00. The revised Budget and Five-Year Service Plan will take effect upon approval by City Coun ci l. The City and Orasi will update the existing contract to reflect the mid-year adjustment (City Secretary Contract No . 58425). Funding is available for appropriation in the fund balance of the FWPID #15 -Sun Valley Fund . The beginn ing balance is $85 ,520 .99 after this M&C , available balance will be $64 ,404 .99 . The Sun Valley PIO is located inCOUNCIL DISTRICT 5/FUTURE COUNCIL DISTRICT 11 . 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 recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget , as appropriated , in the FWPID #15 -Sun Valley Fund. Prior to any expend it ure 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 2663