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Home My WebLink AboutOrdinance 26116-04-2023ORDINANCE NO. 26116-04-2023 AN ORDINANCE AMENDING THE FISCAL YEAR 2022-2023 BUDGET AND FIVE- YEAR SERVICE PLAN FOR PUBLIC IMPROVEMENT DISTRICT NO. 20 -EAST LANCASTER A VENUE; 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 improvement districts ; WHEREAS, on February 12, 2019, the City Council of the City of Fort Worth ("City Council ") authorized the establishment of Public Improvement District No. 20 -East Lancaster Avenue ("District"), as a public improvement district in accordance with the Act and Resolution No . 5052 -02-2019; WHEREAS, on September 13, 2022 , City Council adopted Ordinance No. 25728-09-2022 , approving the fiscal year (FY) 2022-2023 Budget, Five-Year Service Plan, Assessment Plan , and Tax Year 2022 Assessment Roll for the East Lancaster Avenue PID ; 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 Exhibit A and incorporated herein for all purposes ; WHEREAS, the Amended Service Plan is intended to supersede the Service Plan set out in Ordinance No. 25728-09-2022; and WHEREAS, the Amended Service Plan will not affect the previously adopted Assessment Plan or Assessment Roi I. 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 . 26116-04-2023 Page 1 of3 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: Nico Aria s(M ay 1, 2023 09 :07 CDT ) Nico Arias, Assistant City Attorney M&C: 23-0313 Adopted and Effective: April 25, 2023 ATTEST: r 1 A:o-Q,,0 12 Jannette Goodall, City Secretary Ordinance No . 26116-04-2023 Page 2 of3 RE~'EHUES, P ll!l A5&E-s&ll'lfnl5 Tobi Bi!.15d R&VHIUe& OT fl:Jru:I Eill..nce Tobi flllldlo AYdlable or u ... EXP IE!NSE S IMana;emmt fee Ci ty Aam nistr.c,ie Fee ~e,curny Colrlll!III i:l)• M3rkc1lnfl'E',l!!n15 Al!l:IIL'All rJal RF,•,ew• CoJDllli1lllJ!QaDQI!£ Tobi Blllcfgl,1-d Ex~ 1141 COJt1llbllti:J ID FL1lCIIB£<aru::e Total Expe:naea lie! Cl'l aJIIP i.i ;f'Wld fl.al 3DC& ftln~ 11-. se;1nn 1rc9 OT nar [E&ttrna!Ed >n EEl:l!r.ate~: Ftll!.:I Ba lance, Ell.d OT Ye.at R,eser.ie 11ei;u1r=Ent Over (l.lnllK] 'RUfi'rl 'FY21ll!S ANNs1111,'fll R:JI• = $.2" EXHIBIT A AMENDED SERVICE PLAN City of Fort W ortll Mid-Y"or Adjmtment ,.,., y..., S<nicte Plan Fr2HY27 Publi c h:1v o.w:m.ent District Na. 20 -East La ncad:-er FY22t2.3 FY23o'2• F\'24.125 ~ 291,S5EI $ 2.97 .'i'Ui $ 303,6511 $ 25'1,8'6 $ 257 .73'1: $ 311<3,01 5:1 ,740 $ 35G ,C38 $ 257 ,7!& $; 3013,"'1 l 11,SllO $ 11 n,11 $ 17,8t0 s.e~ S.9SS 6,074 3 12,600 25:I JK!•D 272,3 17 a ,900 1.,500 2,0tO 2,St,() 2,,51:!11 2,5[0 J ,,ono JJK!i!I J ,0[0 $ 35G,C38 $ 2811 .755 $ 3013 ,"'1 a..98 t {D J 35G,C38 m .ns 303,"'1 $ jS.,,740) $ Ult $ (0 1 2-<5] 107,351 -la!J.i H 51,5E~ 45,6 11 Sl 92 57 ,5!,Q 4-!,1:!5 5D,.625 5 1,6~ $ 475 $ C,sc:7 $ 5 ,SS4 FY2512& FY2$1'27 $ 3tt3,7f:.I s 3 15 ,950 $ 3GIJ ,71:4! $ 3 15,SCO $ 3lll9 ,71:4! s 3 15.~0 $ 17,Sto s 17 ,&II0 l.i,1~ 6,3 1.9 2,a ,210 2f:.l,34 1 2.ono 2,OD0 2,StO 2,Sol!0 J ,,000 3,000 $ 3lll9,71:4! $ 3 15,SCO 0 {D ) 3lll9 ,7C'4 3 15 .~0 $ 0 $ {01 57 ,592 57,S-32 57 ,5!,Q 57,532 52,67 1 ~2.67 1 $ ... ,22 $ 4,'21 The total budget ed cost s o f the improvements and servic es fo r the Di str ict fo r fi sc al year 2022 -2 023 are $350 ,63 8 .00. Of thi s amount , $291 ,898.00 w ill be fund ed by asse ss ment s collecte d on privatel y-owned parce ls located in the D istri ct. The rema ind er of th e co sts wi ll be fund ed by other revenue sources, including: $58 ,740 .00 transferred from the un aud ited , unass igned fund balance by C ity Counc il on Se pt emb er 13 , 202 2, and by this amendment. Ordinan ce No . 2611 6 -04 -2023 P age 3 of3 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/25/23 M&C FILE NUMBER: M&C 23-0313 LOG NAME: 17PID20 MIDYEARFY23 SUBJECT (CD 5 and CD 8 / Future CD 8 and CD 11) Adopt Ordinance Amending the Fiscal Year 2022-2023 Adopted Budget and Five-Year Service Plan for Public Improvement District 20 -East Lancaster Avenue and Adopt Appropriation Ordinance RECOMMENDATION: It is r ecommended 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 20 - East Lancaster Avenue to reflect amendments associated with a mid-year rev iew and direct the City Secretary to record the same in the real property records ofTarrant County, Texas no later than the seventh (7 t h) day after adoption by the City Council ; and 2 . Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 20 -East Lancaster Avenue Fund in the amount of $58 ,740 .00 , from available , unreserved fund balance , for the pu rpose offunding mid-year budget adjustments. 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 20 -East Lancaster (East Lancaster PIO) is managed by FirstService Residential Texas PIO , LLC (FirstService). On September 13 , 2022 , City Council adopted Ordinance No . 25728-09-2022 , approving the (FY) 2022-2023 Budget , Five-Year Service Plan , Assessment Plan , and Tax Year 2022 Assessment Roll for the East Lancaster PIO . After conducting a mid-year review of the East Lancaster PID 's budget , City staff and FirstService have identified the need to increase the East Lancaster PIO Budget by $58 ,740 .00 to align expenses with actual activities that are attributable primarily to increases in security for increased patrols and community marketing/events to cover costs of annual meetings and events Revenue Adjustments: Line Items o be djusted PIO Assess men Use of Fund Balance Totals . Recommended Amended Previously Approved Mid-Year FY23 FY23 Budget Item Adjustment Budget Item $291 , $291,898.00 Expenditure Adjustments : Line Items to Previously Approved Recommended Amended Mid-Year FY23 be Adjusted FY23 Budget Item Adjustment Budget Item Security $259 ,000.00 $53 ,--::.:::: $312 ,600 .00 Community Marketing/ $1 ,500.00 $7 ,400.00 $8 ,900.00 Events Contribution to Fund $2 ,260 .00 ($2 ,260 .00) $0 .00 Balance Totals $262 ,760.00 $58,740.00 $321,500.00 All other previously approved line items not mentioned above remain th e same . Upon approval of the above recommendations , the total budgeted expenses for FY 2022-2023 will be $350 ,638.00 . This mid-year budget adjustment will decrease the unaudited , un ass igned fund balance by a total of $58,740.00 . The revised Budget and Five-Year Service Plan will take effect upon approval by City Council. The City and FirstService will update the existing contract to reflect the mid-year adjustment (City Secretary Contract No. 58426). Funding is available for appropriation in th e fund balance of the FWPID #20 -East Lancaster Ave Fund . The beginning balance is $107,350.00 , after this M&C , available balance will be $48 ,610.00. The East Lancaster PIO is located in COUNCIL DISTRICTS 5 & 8/FUTURE COUNCIL DISTRICTS 8 & 11. A Form 1295 is not required because: This M&C does not re quest approval of a contract with a business ent ity . 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 #20 -East Lancaster Ave 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