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HomeMy WebLinkAboutOrdinance 26857-04-2024ORDINANCE NO.26857-04-2024 AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET AND FIVE- YEAR SERVICE PLAN FOR PUBLIC IMPROVEMENT DISTRICT NO. 20 -- EAST LANCASTER AVENUE; 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 12, 2023, City Council adopted Ordinance No. 26439-09-2023, approving the fiscal year (FY) 2023-2024 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year 2023 Assessment Roll for the East Lancaster Avenue PID; WHEREAS, the City Council desires to amend the fiscal year 2023-2024 budget and five-year service plan ("Amended Service PIan"), 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. 26439-09-2023; 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 2023-2024. 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. SECTION 4. This Ordinance is cumulative of all other ordinances and appropriations amending the same except in Ordinance No. 26857-04-2024 Page! of 3 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 (71h) 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: ALL Nico Arias (Apr 26, 2024 15:30 CDT) Nico Arias, Assistant City Attorney M&C: 24-0331 Adopted and Effective: April 23, 2024 F Q ATTEST: far'7-6 - Ronald Gonzales for JG: Ronald Gonzales (Apr 26, 202415:35 COT) Jannette S. Goodall, City Secretary Ordinance No. 26857-04-2024 Page 2 of 3 REVENUES PID Assessments Total Budgeted Revenues Use of Fund Balance Total Funds Available for Use EXPENSES Management Fee Liter Pickup City Adrnnistrative Fee Security Community MarketingfEveMs AudiVAnnual Review Communications Total Budgeted Expenses Contribution to Furl Balance EXHIBIT A AMENDED SERVICE PLAN City of Fort Worth Five Year Service Plan FY24-FY28 Public Imrovement District No. 20 - East Lancaster - Mid Year FY23+24 FY24125 FY25,26 FY26127 FY27,28 5 333,704 $ 340378 $ 347,186 S 354,129 $ 361,212 S 333,704 S 340,378 $ 347.186 S 3KI29 S 361,212 48,560 S 382,264 S 340,378 $ 347,186 S 3KI29 S 361,212 S 19,590 S 19,981 $ 20.381 $ 20,788 $ 21,203 16,800 - - 6,674 6,808 6,944 7,083 7,224 330,000 286,000 297,440 309,338 321,711 3,200 3,200 3,200 3,200 32M 3,000 3.000 3,000 3,000 3.000 3,000 3,000 1000 3,000 3,000 S 382,264 $ 321,989 S 333,964 S 346,409 S 359,338 - 18.390 13,222 7,721 - 1,874 Total Expense$ 382,264 340,379 347.186 354,130 361,212 Net Change in Fund Balance $ (48.560) S 18,389 $ 13.222 $ 7,720 S 1,873 Fund Balance. Begimng of Year (Estimated Yrs 2-5) 106,621 58-061 76,450 89.671 97,392 Estimated Fund Balance, End of Year 58.061 76,450 89.671 97.392 94,265 Reserve Requirement 53.676 55.672 57.746 57,746 59,902 Over (Under) Reserve S 4.385 S 20,778 $ 31,925 $ 39,646 $ 39,364 "FY2024 Assessment Rate = S.266 The total budgeted costs of the improvements and services for the District for fiscal year 2023-2024 are $382, 264,00. Of this amount, $333,704.00 will 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: $48,560.00 transferred from the unaudited, unassigned fund balance. Ordinance No. 26857-04-2024 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/23/24 M&C FILE NUMBER: M&C 24-0331 LOG NAME: 17PID20 MIDYEAR FY24 SUBJECT (CD 8 and CD 11) Adopt Ordinance Amending the Fiscal Year 2023-2024 Adopted Budget and Five -Year Service Plan for Public Improvement District 20 — East Lancaster Avenue and Adopt Appropriation Ordinance R_ ECOMMENDATION: 4 It is recommended that the City Council: 1. Adopt the attached ordinance amending the Fiscal Year 2023-2024 Budget and Five -Year Service Plan for Public Improvement District 20 — East Lancaster Avenue 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 (71h) 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 $48,560.00, from available, unreserved fund balance, for the purpose of funding 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 PID Policy outlines the need to proactively work with the City's PID management companies to oversee the services being provided within each of the PIDs. PID 20 — East Lancaster (East Lancaster PID) is managed by FirstService Residential Texas PID, LLC (FirstService). On September 12, 2023, City Council adopted Ordinance No. 2643M9-2023, approving the Fiscal Year (FY) 2023-2024 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year 2023 Assessment Roll for the East Lancaster PID. 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 PID Budget by $48,560.00 to align expenses with actual activities that are attributable primarily to increases in security for increased patrols and the addition of litter pickup in the district. Revenue Adjustments: Line Items Previously Approved Recommended lAmended to be FY24 Budget Item Mid -Year FY24 Adjusted Adjustment IBudget Item Use of Fund $0,00 $48,560.00 F $48,560.00 Balance Totals =1 $0.00 $48,560.00 $48,560.00 Expenditure Adjustments: Line Items Previously Approved Recommended Amended to be FY24 Budget Item Mid Year FY24 Adjusted Adjustment Budget Item Security $275,000.00 $55,000.00 $330,000.00 Litter Pickup $0.00 $16,800.00 $16,800.00 Contribution ' to Fund $23,240.00 ($23,240.00) $0.00 E: Balance $298,240.00 $48,560.00 $346,800.00 All other previously approved line items not mentioned above remain the same. Upon approval of the above recommendations, the total budgeted expenses for FY 2023-2024 will be $382,264.00. This mid -year budget adjustment will decrease the unaudited, unassigned fund balance by a total of $48,560.00. 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. 60314). Funding is available for appropriation in the fund balance of the FWPID #20 - East LancasterAve Fund. The beginning balance is $245,679.40, after this M&C, available balance will be $197,119.40. The East Lancaster PID is located in COUNCIL DISTRICTS 8 & 11. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCALINFORMATION 1 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 LancasterAvenue 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_bX: William Johnson 5806 Originating Business Unit Head: Robert Sturns 2663 Additional Information Contact: Lacey Ruiz 2608 Expedited