HomeMy WebLinkAboutOrdinance 22878-09-2017 ORDINANCE NO.22878-09-2017
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 15 DURING FISCAL YEAR 2017-2018; 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. 15 (the"District"); and
WHEREAS,the District comprises approximately 132.20 acres of land bounded by David Strickland
Road on the north,area to the south of and along Mosson Road,area to the west of and along Marie Jones Road,
and east by Interstate Highway East Loop 820 South, excluding certain small tracts of tax-exempt, City-owned
and property used for residential purposes within the District's boundaries; and
WHEREAS,the Improvements to be provided in Fiscal Year 2017-2018 and their estimated costs are
as follows:
EXPENSES
Management Fee 10,200
Security Enhancements 71,000
Equipment Rental 8,500
Lighting/Signage 10,000
Insurance 500
Professional Services 3,600
Printing 2,500
Website 1,000
City Administration Fee 2,000
Budget Expenses $ 109,300
The total budgeted costs of the improvements are $109,300.00. Of this amount, $87,615.00 will be funded by
assessments collected on privately owned parcels located in the District. The remainder of the costs in an
amount equal to$21,685.00 will be funded by a transfer from unaudited, unassigned fund balance; and
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0.27 for each $100 of property value, as of January 1, 2017 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 29, 2017 (M&C 13PBO PID15FY17 BENEFIT) 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 on the 1211'day of September, 2017,at 7:00 p.m. in the Council Chamber in the City Hall in the City of
Page 1 of 4
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; and
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 1,2017, are true and correct.
SECTION 3.
There shall be,and are hereby, levied and assessed against the parcels of property subject to assessment
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: $0.27 per each$100 of value.
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
Ordinance No.22878-09-2017
Page 2 of 4
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, 2018, and shall become delinquent if not paid by February 1,
2018. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after
February 1, 2018 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.
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
Ordinance No.22878-09-2017
Page 3 of 4
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 AN EGALITY: ATTEST:
o�
Tyler Wall ssistant City Attorney Mary J. Ka , Cyy Vcretary
M&C: BH-371
Adopted and Effective: September 12, 2017
Ordinance No. 22878-09-2017
Page 4 of 4
City of Fort worth
Five Year Service Plan
Public Improvement District No.15-Sun Valley
FY17/18 FY18/19 FY19/20 FY20/21 FY21/22
REVENUES
PID Assessments $87,615 $89,367 $91,155 $92,978 $94,837
Budget Revenues $87,615 $89,367 $91,155 $92,978 $94,837
Use of Fund Balance $ 21,685 $ 8,733 $ 7,645 $ 7,222 $ 5,663
Total Revenues $109,300 $98,100 $98,800 $100,200 $100,500
EXPENSES
Management Fee 10,200 10,200 10,200 10,200 10,200
Security Enhancements 71,000 73,000 73,000 75,000 75,000
Equipment Rental 8,500 8,500 8,500 8,500 8,500
Lighting/Signage 10,000
Insurance 500 500 500 600 600
Professional Services 3,600 3,600 3,600 3,600 3,600
Website 1,000 300 1,000 300 600
Printing 2,500
City Administration Fee 2,000 2,000 2,000 2,000 2,000
Budget Expenses 109,300 98,100 98,800 100,200 100,500
Contribution to Fund Balance
Total Expenses $109,300 $98,100 $98,800 $100,200 $100,500
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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 9/12/2017 - Ordinance Nos. 22878-09-2017, 22879-09-2017
& 22880-09-2017
DATE: Tuesday, September 12, 2017 REFERENCE NO.: BH-371
LOG NAME: 03PBD PID15FY18
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 15, Sun Valley PID, Approve Fiscal Year
2017-2018 Budget and Five-Year Service Plan in the Amount of$109,300.00, Approve Tax Year 2017
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2017 Tax Year at a Rate of$0.27
Per Each $100 of Property Value, Adopt Ordinance Increasing Estimated Receipts and Appropriations in
the Fort Worth Public Improvement District 15 - Sun Valley Fund in the Amount of$87,615.00, Adopt
Ordinance Increasing Appropriations in the Fort Worth Public Improvement District 15 - Sun Valley Fund in
the Amount of$21,685.00, and Reducing the Unaudited, Unassigned Fund Balance by the Same Amount,
and Authorize Execution of an Agreement with Orasi Development, LLC, in the Amount of$10,200.00 to
Manage the District (COUNCIL DISTRICT 5)
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 15, Sun Valley Public Improvement District for the 2017 tax year;
2. Approve the attached Fiscal Year 2017-2018 Budget and Five-Year Service Plan for the Sun Valley
Public Improvement District in the amount of$109,300.00;
3. Approve the Tax Year 2017 Assessment Roll for the Sun Valley Public Improvement District, on file
with the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in the Sun Valley
Public Improvement District for the 2017 tax year at a rate of$0.27 per each $100 of property value;
5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public
Improvement District 15 - Sun Valley Fund in the amount of$87,615.00, from available funds;
6. Adopt the attached ordinance increasing appropriations in the Fort Worth Public Improvement District
15 - Sun Valley Fund in the amount of $21,685.00, and reducing the unaudited, unassigned fund balance
by the same amount; and
7. Authorize the execution of an Agreement with Orasi Development, LLC, in the amount of$10,200.00 to
provide management and improvement services for the Sun Valley.Public Improvement District during
Fiscal Year 2017-2018.
DISCUSSION:
Un August 11, 1011, Mayor and Council Communication (M&U U-1 tbb4) the City Council adopted
Logname: 03PBD PID15FY18 Page I of 3
Resolution No. 4120-08-2012 establishing Fort Worth Public Improvement District 15 (Sun Valley PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2017-2018 Fiscal
Year Budget and Five-Year Service Plan for the Sun Valley PID and the proposed assessments to be
levied on each property in the Sun Valley PID for the 2017 tax year. Following the public hearing, it is
recommended that the City Council approve the 2017 Tax Roll for the Sun Valley PID, approve the
attached Budget and Five-Year Service Plan of the Sun Valley PID, adopt the attached ordinance levying
the proposed assessments, and adopt the attached ordinances increasing estimated receipts and
appropriations to the Fort Worth Public Improvement District 15—Sun Valley Fund.
On August 29, 2017, (M&C BH-365)the City Council conducted a public hearing to receive comments on
the proposed 2017-2018 Fiscal Year Budget and Five-Year Service Plan for the Sun Valley PID. Notice of
this benefit hearing was published in the Fort Worth Star Telegram and mailed to all record owners of
property in the Sun Valley PID, in accordance with state law.
The improvements and services to be provided in the PID and the costs thereof are as follows:
Improvements Total Budgeted Costs
Management Fee $ 10,200.00
Security Enhancements $ 71,000.00
Equipment Rental $ 8,500.00
Lighting/Signage $ 10,000.00
Insurance $ 500.00
Professional Services $ 3,600.00
Website $ 1,000.00
Printing $ 2,500.00
City Administration Fee $ 2,000.00
Total Expenses $ 109,300.00
The total budgeted costs of the improvements and services are in the amount of$109,300.00. Of this
amount, $87,615.00 will be funded by assessments collected on privately owned parcels located in the
district by applying a rate of$0.27 cents to each $100.00 of property value. The remainder of the costs in
an amount equal to $21,685.00 will be funded by a transfer from unaudited, unassigned fund balance.
The Sun Valley PID is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of
the Fiscal Year 2017-2018 Budget by the City Council, funds will be available in the Fiscal Year 2018
operating budget, as appropriated, of the Fort Worth Public Improvement District 15 - Sun Valley Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # ff;l
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # �mol
ID ID Year Chartfield 2
Logname: 03PBD PID15FY18 Page 2 of 3
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Lynda Johnson (6222)
Additional Information Contact: Terry Hanson (7934)
Logname: 03PBD PID15FY18 Page 3 of 3