HomeMy WebLinkAboutOrdinance 22403-09-2016 ORDINANCE NO. 22403-09-2016
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF
CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT
WORTH PUBLIC IMPROVEMENT DISTRICT NO. 7 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. 7 (the "District"); and
WHEREAS, the boundaries of the District are Wall-Price Keller Road and Alta Road on
the north; Shiver Road to North Beach Street passing through the Park Green Belt on the south;
Park Vista Boulevard at Shiver Road to Wall-Price Keller Road on the east; and North Riverside
Drive 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 100,872
Utilities 245,000
Landscape/Tree
Maintenance 963,000
Common Area
Maintenance 240,000
Holiday Lighting 30,000
Security Enhancements 125,000
Public Events 80,000
Capital Improvements 246,781
Insurance 13,860
Annual Review 2,000
City Administration Fee 35,853
Budget Expenses $2,082,366
The total budgeted costs of the improvements are $2,082,366.00. Of this amount, $1,792,640.00
will be funded by assessments collected on privately owned parcels located in the district. The
Ordinance No. 22403-09-2016
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remainder of the costs will be funded by other revenue sources:
• $189,726.00 in a direct payment from the City for payment in lieu of services, which was
appropriated from the General Fund balance by City Council action on September 13,
2016;
• $100,000.00 transferred from unaudited, unassigned fund balance; and
WHEREAS, it is proposed that property in the District be assessed the rates of$0.21 per
each $100 of property value for residential property, and $0.11 rate 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; and
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
PID7FY17) 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 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,
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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 rate and method of payment: $0.21 per each $100 of
value for residential property and $0.11 per each $100 of value for commercial property.
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 sums 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 Improvement 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 claims, 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.
Ordinance No. 22403-09-2016
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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.
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.
Ordinance No.22403-09-2016
Page 4 of 5
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 armer, Senior Assistant City Attorney Mary . a�, CRy Secretary
M&C: BH-350
Adopted and Effective: September 13, 2016
Ordinance No. 22403-09-2016
Pa`e 5 of 5
City of Fort worth
Five Year Service Plan
Public Improvement District No.7-Heritage
FY16/17 FY17/18 FY18/19 FY19/20 FY20/21
REVENUES
PID Assessments $1,792,640 $1,792,640 $1,792,640 $1,792,640 $1,792,640
COFW Payment in lieu of Services 189,726 189,726 189,726 189,726 189,726
Budget Revenues $1,982,366 $1,982,366 $1,982,366 $1,982,366 $1,982,366
Use of Fund Balance 100,000
Total Revenues $2,082,366 $1,982,366 $1,982,366 $1,982,366 $1,982,366
EXPENSES
Management Fee 100,872 104,847 108,981 113,280 117,751
Utilities 245,000 245,000 245,000 245,000 245,000
Landscape/Tree Maintenance 963,000 963,000 963,000 963,000 963,000
Common Area Maintenance 240,000 240,000 240,000 240,000 240,000
Holiday Lighting 30,000 30,000 30,000 30,000 30,000
Security Enhancements 125,000 125,000 125,000 125,000 125,000
Public Events 80,000 90,000 90,000 90,000 90,000
Capital Improvements 246,781 132,252 127,541 122,643 117,548
Insurance 13,860 14,414 14,991 15,591 16,214
Annual Review 2,000 2,000 2,000 2,000 2,000
City Administration Fee 35,853 35,853 35,853 35,853 35,853
Total Expenses $2,082,366 $1,982,366 $1,982,366 $1,982,366 $1,982,366
FORTWORTH
Heritage Public Improvement District
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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. 22403-09-2016, 22404-09-2016
& 22405-09-2016
DATE: Tuesday, September 13, 2016 REFERENCE NO.: BH-350
LOG NAME: 13PBD PID7FY17
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 7, Heritage PID, Approve Fiscal Year
2016-2017 Budget and Five-Year Service Plan in the Amount of$2,082,366.00, 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 7 -
Heritage Fund in the Amount of$1,982,366.00, Adopt Ordinance Increasing Appropriations in the Fort
Worth Public Improvement District 7 - Heritage Fund in the Amount of$100,000.00, 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$100,872.00 to Manage the District (COUNCIL
DISTRICTS 4 and 7)
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 7, Heritage Public Improvement District for the 2016 tax year;
2. Approve the attached Fiscal Year 2016-2017 Budget and Five-Year Service Plan for the Heritage
Public Improvement District in the amount of$2,082,366.00;
3. Approve the Tax Year 2016 Assessment Roll for the Heritage Public Improvement District;
4. Adopt the attached ordinance levying special assessments on the property located in the Heritage
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 7 - Heritage Fund in the amount of$1,9821,366.00 from available funds;
6. Adopt the attached ordinance increasing appropriations in the Fort Worth Public Improvement District 7
- Heritage Fund in the amount of $100,000.00, 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
$100,872.00 to provide management and improvement services for the Heritage Public Improvement
District during Fiscal Year 2016-2017.
DISCUSSION:
On September 26, 2000, (M&C G-13021) the City Council adopted Resolution No. 2675 establishing Fort
Logname: 13PBD PID7FYI7 Pagel of 3
Worth Public Improvement District No. 7 (Heritage 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 Tax Year 2016 Assessment Roll for the PID, approve the attached Budget and Five-
Year Service Plan of 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 7 – Heritage Fund.
On August 30, 2016, (M&C 13PBO PID7FY17 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 Heritage 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 $ 100,872.00
Utilities Is 245,000.00
Landscape/Tree 963,000.00
Maintenance IT
Common Area Maintenance F$ 240,000.00
Holiday Lighting 1$ 30,000.00
Security Enhancement I$ 125,000.00
Public Events $ 80,000.00
Capital improvements [$ 246,781.00
Insurance Is 13,860.00
Annual Review 1$— s 2,000.00
City Administration Fee $ 35,853.00
Total Expenses $ 2,082,366.00
The total budgeted costs of the improvements are in the amount of $2,082,366.00. Of this amount,
$1,792,640.00 will be funded by assessments collected on privately owned parcels located in the district
by applying a rate of $0.21 cents per each $100.00 of property value for residential property and $0.11
cents per each $100.00 of property value for commercial property.
The remainder of the costs in the amount of $189,726.00 will be funded by other revenue sources: an
amount equal to $189,726.00 in direct payments from the City for Payment In-Lieu of Services and an
amount equal to $100,000.00 from unaudited, unassigned fund balance.
The Heritage PID is located in COUNCIL DISTRICTS 4 and 7.
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 7 - Heritage Fund.
Logname: 13PBD PID7FY17 Page 2 of 3
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # ---� mounl
I ID ID Year (Chartfield 2)
FROM
Fund Department kccoun Project Program ctivity Budget Reference # Amoun
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 PID7FY17 Page 3 of 3