HomeMy WebLinkAboutOrdinance 22400-09-2016 ORDINANCE NO.22400-09-2016
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 6 DURING FISCAL YEAR 2016-2017; SETTING
CHARGES AND LIENS AGAINST PROPERTY IN THE DISTRICT AND AGAINST
THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO
ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE
ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth, Texas, has heretofore directed that certain
improvements and/or services (the "Improvements") shall be provided in the Fort Worth Public Improvement
District No. 6 (the"District"); and
WHEREAS, the boundaries of the improvement district are approximately: North Tarrant Parkway
on the north, State Highway 377 on the east, Western Center Boulevard on the south, and North Beach Street
on the west; and
WHEREAS,the Improvements to be provided in Fiscal Year 2016-2017 and their estimated costs are
as follows:
EXPENSES
Management Fee 125,924
Utilities 227,500
Landscape Maintenance 698,000
Common Area Maintenance 599,500
Holiday Decorations 21,600
Security Enhancements 140,000
Communications/Newsletters 6,000
Public Events 30,359
Capital Improvements 75,000
Insurance 23,415
Annual Review 2,100
City Administration Fee 27,859
Budget Expenses S 1,977,257
The total budgeted costs of the improvements are $1,911,257.00. Of this amount, $1,392,940.00 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:
• $194,317.00 in direct payments from the City for payment in lieu of services, which will be
appropriated from the General Fund balance by City Council action on September 13, 2016;
Ordinance No.22400-09-2016
Page 1 of 4
• $390,000.00 transferred from unaudited, unassigned fund balance
WHEREAS, it is proposed that property in the District be assessed at the rates of $0.175 per each
$100 of property value for residential property, and $0.035 per each $100 of property value for commercial
property, as of January 1, 2016 and determined by the appraisal district with jurisdiction over property in the
District.
WHEREAS, the Improvements and proposed assessment roll were previously presented in a public
hearing conducted by the City Council on August 30, 2016 (M&C 13PBO PID6FY17) and have been on file
in the office of the City Secretary for public inspection; and
WHEREAS, the Improvements and proposed assessment roll were once again heard by the City
Council in a public hearing conducted on the 13th day of September, 2016, at 7:00 p.m. in the Council
Chamber in the City Hall in the City of Fort Worth, Texas (the "Public Hearing"), notice of which was
published and mailed to all record owners of property in the District, and at such hearing all desiring to be
heard were given a full and fair opportunity to be heard;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH,TEXAS:
SECTION 1.
The Public Hearing is hereby closed and any and all protests and objections, whether herein
enumerated or not, are hereby overruled.
SECTION 2.
The City Council, from all evidence before it, including all information provided to it and considered
in the Public Hearing, finds that the assessments herein described should be made and levied against the
respective parcels of property in the District and against the owners of such property. Such assessments and
charges are right and proper and are substantially in proportion to the benefits to the respective parcels of
property by means of the Improvements in the District for which such assessments are levied and establish
substantial justice and equality and uniformity between all parties concerned, considering the benefits received
and burdens imposed. The City Council further finds that in each case the property assessed is specially
benefited in enhanced value to the said property by means of the Improvements in the District and for which
assessment is levied and charge made, and further finds that the apportionment of the cost of the
Improvements is in accordance with applicable law. The City Council, from the evidence, further finds that
the values of the respective parcels of property on January 1, 2016, are true and correct.
SECTION 3.
There shall be, and are hereby, levied and assessed against the parcels of property in the District and
against the real and true owners thereof(whether such owners be correctly named herein or not), the sums of
money itemized per parcel of property, and the owners thereof, as far as such owners are known, at the
following rates and method of payment: $0.175 per each $100 of value for residential property in the District
and $0.035 per each $100 of value for commercial property in the District.
Ordinance No. 22400-09-2016
Page 2 of 4
SECTION 4.
Where more than one person or entity owns an interest in any property described herein, each such
person or entity shall be personally liable only for its, her or his pro rata share of the total assessment against
such property in proportion to its, his or her respective interest to the total ownership such property, and its, his
or her respective interest in such property may be released from the assessment lien upon payment of a
proportionate sum.
SECTION 5.
The several suns above mentioned and assessed against the said parcels of property, and owners
thereof, and penalty and interest thereon at the rate prescribed by Chapter 372, Texas Local Government Code
(the Public Improvements District Assessment Act), together with reasonable attorney's fees and cost of
collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property
against which the same are assessed, and a personal liability and charge against the real and true owners of
such property, whether such owners be correctly named herein or not, and such liens shall be and constitute the
first enforceable lien and claim against the property on which such assessments are levied, and shall be a first
and paramount lien thereon, superior to all other liens and clai►ns, except state, county, school district and city
ad valorem taxes. A copy of this ordinance may be filed with the County Clerk of Tarrant County, Texas, and
when so filed shall constitute complete and adequate legal notice to the public concerning the liens hereby
assessed against the respective parcels of property and the owners thereof.
The sums so assessed against the respective parcels of property and the owners thereof shall be and
become due and payable on or before January 31, 2017, and shall become delinquent if not paid by February 1,
2017. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after
February 1, 2017 at the same rate as prescribed by law for any delinquent ad valorem tax until paid.
SECTION 6.
If default shall be made in the payment of any assessments, collection thereof shall be enforced by suit
in any court of competent jurisdiction, and said City shall exercise all of its lawful powers to aid in the
enforcement and collection of said assessments.
SECTION 7.
The total amount assessed against the respective parcels of property, and the owners thereof, is in
accordance with the proceedings of the City hereto and is less than the proportion of the cost allowed and
permitted by applicable law.
SECTION 8.
Although the aforementioned charges have been fixed, levied and assessed in the respective amounts
herein stated, the City Council does hereby reserve the right to reduce the aforementioned assessments by
allowing credits to certain property owners where deemed appropriate and provided that such any such
allowance does not result in any inequity and/or unjust discrimination.
Ordinance No. 22400-09-2016
Page 3 of 4
SECTION 9.
Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities
in the assessments are, in accordance with the law in force in this City, vested in the City.
SECTION 10.
In any suit upon any assessment or reassessment, it shall be sufficient to allege the substance of the
provision recited in this ordinance and that such recitals are in fact true, and further allegations with reference
to the proceedings relating to such assessment and reassessment shall not be necessary.
SECTION 11.
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 12.
This Ordinance shall be 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 13.
This Ordinance shall take effect and 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: ATTEST:
Maleshia Farmer, Seni r ssistant City Attorney ka J_K&1, CtYy S retary
M&C: BH-349
Adopted and Effective: September 13, 2016
Ordinance No.22400-09-2016
Page 4 of 4
City of Fort Worth
Five Year Service Plan
Public Improvement District No.6-Park Glen
FY16/17 FY17118 FY18119 FYI 9120 FY20121
REVENUES
PID Assessments $1,392,940 $1,392,940 $1,392,940 $1,392,940 $1,392,940
COFW Payment in lieu of Services 194,317 194,317 194,317 194,317 194,317
Budget Revenues $1,587,257 $1,587,257 $1,587,257 $1,587,257 $1,587,257
Use of Fund Balance 390,000
Total Revenues $1,977,257 $1,587,257 $1,587,257 $1,587,257 $1,587,257
EXPENSES
Management Fee 125,924 130,881 136,036 141,398 146,974
Utilities 227,500 227,500 228,000 228,000 228,500
Landscape Maintenance 698,000 663,000 663,000 664,000 663,000
Common Area Maintenance 599,500 254,902 249,047 249,286 249,110
Holiday Decorations 21,600 21,600 21,600 25,000 25,000
Security Enhancements 140,000 145,000 145,000 145,000 145,000
Communications/Newsletters 6,000 6,000 6,200 6,200 6,300
Public Events 30,359 35,000 35,000 35,000 35,000
Capital Improvements 75,000 50,000 50,000 40,000 35,000
Insurance 23,415 23,415 23,415 23,415 23,415
Annual Review 2,100 2,100 2,100 2,100 2,100
City Administration Fee 27,859 27,859 27,859 27,859 27,859
Total Expenses $1,977,257 $1,587,257 $1,587,257 $1,587,257 $1,587,257
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COPYRIGHT 2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS
PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL,
ENGINEERING, OR SURVEYING PURPOSES.IT DOES NOT REPRESENTAN ON-THE-GROUND SURVEYAND PRESENTS
ONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTY BOUNDARIES. THE CITY OF FORT WORTH ASSUMES
NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2016 - Ordinance No. 22400-09-2016! 22401-09-2016
& 22402-09-2016
DATE: Tuesday, September 13, 2016 REFERENCE NO.: BH-349
LOG NAME: 13PBD PID6FY17
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 6, Park Glen P1D, Approve Fiscal Year
2016-2017 Budget and Five-Year Service Plan in the Amount of$1,977,257.00, Approve Tax Year 2016
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2016 Tax Year, Adopt Ordinance
Increasing Estimated Receipts and Appropriations in the Fort Worth Public Improvement District 6 - Park
Glen Fund in the Amount of$1,587,257.00, Adopt Ordinance Increasing Appropriations in the Fort Worth
Public Improvement District 6 - Park Glen Fund in the Amount of$390,000.00, and Reducing Unaudited,
Unassigned Fund Balance by the Same Amount, and Authorize Execution of an Agreement with
FirstService Residential Texas, Inc., in the Amount of$125,924.00 to Manage the District (COUNCIL
DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public benefit hearing concerning the proposed special assessments on the property located
in Public Improvement District 6, Park Glen Public Improvement District for the 2016 tax year;
2. Approve the attached Fiscal Year 2016-2017 Budget and Five-Year Service Plan for the Park Glen
Public Improvement District in the amount of$1,977,257.00;
3. Approve the Tax Year 2016 Assessment Roll for the Park Glen Public Improvement District;
4. Adopt the attached ordinance levying special assessments on the property located in the Park Glen
Public Improvement District for the 2016 tax year;
5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public
Improvement District 6 - Park Glen Fund in the amount of$1,587,257.00 from available funds;
6. Adopt the attached ordinance increasing appropriations in the Fort Worth Public Improvement District 6
- Park Glen Fund in the amount of$390,000.00, and reducing the unaudited, unassigned fund balance by
the same amount; and
7. Authorize the execution of an Agreement with FirstService Residential Texas, Inc., in the amount of
$125,924.00 to provide management and improvement services for the Park Glen Public Improvement
District during Fiscal Year 2016-2017.
DISCUSSION:
On September 29, 1998, the City Council adopted Resolution No. 2453 establishing Public Improvement
Logname: 13PBD PID6FY17 Pagel of 3
District No. 6 (Park Glen PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2016-2017 Fiscal
Year Budget and Five-Year Service Plan for the PID and the proposed assessments to be levied on each
property in the PID for the 2016 tax year. Following the public hearing, it is recommended that the City
Council approve the attached Budget and Five-Year Service Plan of the PID, approve the 2016 Tax Roll
for the PID, adopt the attached ordinance levying the proposed assessments, and adopt the attached
ordinances increasing estimated receipts and appropriations in the Fort Worth Public Improvement District
6— Park Glen Fund.
On August 30, 2016, (MSC PID6FY17 BENEFIT) the City Council conducted a public hearing to receive
comments on the proposed 2016-2017 Fiscal Year Budget and Five-Year Service Plan for the
PID. Notice of this benefit hearing was published in the Fort Worth Star Telegram and mailed to all record
owners of property in the Park Glen PID, in accordance with state law.
The improvements and services to be provided in the PID during the 2016-2017 Fiscal Year and the costs
thereof are as follows:
Improvements Total Budgeted Costs
Management Fee $ 125,924.00
Utilities $ 227,500.00
Landscape Maintenance $ 698,000.00
Common Area Maintenance J $ 599,500.00
Holiday Decorations 1 $ 21,600.00
Security Enhancements F $ 140,000.00
Communications/Newsletters $ 6,000.00
Public Events $ 30,359.00
Capital improvements $ 75,000.00
Insurance F $ 23,415.00
Annual Review $ 2,100.00
City Administration Fee $ 27,859.00
Total Expenses $ 1,977,257.00
The total budgeted costs of the improvements and services are in the amount of $1,977,257.00. Of this
amount, $1,392,940.00 will be funded by assessments collected on privately owned parcels located in the
district by applying a rate of $0.175 cents to each $100.00 of property value for residential property and
$0.035 cents to each $100.00 of property value for commercial property. The remainder of the costs in
the amount of $584,317.00 will be funded by other revenue sources including: an amount equal to
$194,317.00 in direct payments from the City for Payment In-Lieu of Services and an amount equal to
$390,000.00 from unaudited, unassigned fund balance.
The Park Glen PID is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of
the Fiscal Year 2016-2017 Budget by the City Council, funds will be available in the Fiscal Year 2017
operating budget, as appropriated, of the Fort Worth Public Improvement District 6 - Park Glen Fund.
Logname: 13PBD PID6FY17 Page 2 of 3
TO
Fundl Department ccoun Project Program ctivity Budget Reference # MOU
ID ID Year (Chartfield 2)
FROM
Fund Department ccounj Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Lynda Johnson (6222)
Additional Information Contact: David Reitz (7807)
Logname: 13PBD PID6FY17 Page 3 of 3