HomeMy WebLinkAboutOrdinance 22881-09-2017 ORDINANCE NO.22881-09-2017
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 1 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. 1 (the"District"); and
WHEREAS,the boundaries of the District are the area bounded by the Burlington Northern Santa Fe
RR Tracks on the east Weatherford Street,along Weatherford east to Nichols,north on Nichols to Belknap,west
on Belknap to Grove, north on Grove to Bluff west on Bluff to Cummings, north on Cummings to the Trinity
River, South and West along the east shore of the Trinity River to Tenth Street, east on Tenth St. to Florence;
south on Florence to Texas;east on Texas to the western boundary of the Tarrant County College District parking
lot, south along the west boundary of the Tarrant County College District parking lot to the north curb of
Lancaster Avenue, then east along the north curb of Lancaster Avenue on the south to the Burlington Northern
Santa Fe tracks; then north along the Burlington Northern Santa Fe tracks until they intersect with Weatherford
Street; and
WHEREAS,the Improvements to be provided in Fiscal Year 2017-2018 and their estimated costs are
as follows:
Expenses
Management Fee 287,893
Water 12,000
Utilities 5,000
Landscaping 105,000
Trash Removal 1,193,307
Holiday Light/Deco 25,000
Security 60,000
Ambassador Program 575,000
Communications/Newsletters 5,000
Marketing&Research 399,810
Transportation& Planning 185,290
Insurance 5,850
Annual review 15,000
City Administration Fee 54,420
Contribution To Fund Balance 117,232
Total Expenses $3,045,802
The total budgeted costs of the improvements are$3,045,802.00. Of this amount, $2,487,232.00 will be funded
by assessments collected on privately owned parcels located in the District. The remainder of the costs will be
Page 1 of 4
funded by other revenue sources, including:
• $204,000.00 in direct payment from the City for payment in lieu of assessments as required by Section
372.014 (b) of the Texas Local Government Code, which will be appropriated from the General Fund
balance by City Council action on September 12,2017;
• $147,009.00 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 12,2017;
• $153,141.00 in revenues generated by District activities; and
• $54,420.00 transferred from unaudited, unassigned fund balance.
WHEREAS, it is proposed that property in the District subject to assessment be assessed at a rate of
$0.125 per 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 03PBD PID 1 FY 18 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 presented to the City
Council in a public hearing conducted on the 12"day of September,2017, 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, 2017, 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
Ordinance No.22881-09-2017
Page 2 of 4
rate and method of payment: $0.125 per each$100 of value for property subject to assessment.
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 31,2018, 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 any such allowance
does not result in any inequity and/or unjust discrimination.
SECTION 9.
Ordinance No.22881-09-2017
Page 3 of 4
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:
Tyler Wallach, ss' ant City Attorney wryw+,s r, Secretary
M&C: BH-372
Adopted and Effective: September 12, 2017
Ordinance No.22881-09-2017
Page 4 of 4
FORT WORTH city of Fort Worth
Five Year Service Plan FY 2017-18-FY 2021-22 U0
Public Improvement District No. 1 -Fort Worth BUD
FY17/18 FY18/19 FY19/20 FY20/21 FY21/22
REVENUES
PIDAssessments $2,487,232 $2,536,977 $2,587,716 $2,639,470 $2,692,260
COFW Assessment $204,000 $208,080 $212,242 $216,486 $220,816
COFW Payment in lieu of Services $147,009 $149,949 $152,948 $156,007 $159,127
PID Generated Revenue $153,141 $153,141 $153,141 $153,141 $153,141
Budget Revenues $2,991,382 $3,048,146 $3,106,046 $3,165,105 $3,225,344
Use of Fund Balance 54,420 57,900 59,058 60,239 61,444
Total Revenues $3,045,802 $3,106,046 $3,165,104 $3,225,344 $3,286,788
EXPENSES
Management Fee 287,893 293,651 299,524 305,514 311,625
Water 12,000 12,240 12,485 12,734 12,989
Utilities 5,000 5,100 5,202 5,306 5,412
Landscaping 105,000 107,100 109,242 111,427 113,655
Trash Removal 1,193,307 1,217,173 1,241,517 1,266,347 1,291,674
HolidayLight/Deco 25,000 25,500 26,010 26,530 27,061
Security 60,000 60,000 60,000 60,000 60,000
Ambassador Program 575,000 594,050 607,131 620,474 634,083
Communications/Newsletters 5,000 5,100 5,202 5,306 5,412
Marketing&Research 399,810 407,806 415,962 424,282 432,767
Transportation&Planning 185,290 188,996 192,776 196,631 200,564
Insurance 5,850 5,967 6,086 6,208 6,332
Annual Review 15,000 15,300 15,606 15,918 16,236
City Administrative Fee 54,420 57,900 59,058 60,239 61,444
Budget Expenses 2,928,570 2,995,883 3,055,801 3,116,917 3,179,255
Contribution to Fund Balance 117,232 110,163 109,303 108,427 107,533
Total Expenses $3,045,802 $3,106,046 $3,165,104 $3,225,344 $3,286,788
Notes:
1. This 5-year service plan is based on$0.125 assessment rate
2. FY17-18 estimates the flat valuation from FY16-17
3. FY17-18 includes$0.025 rate increase required forAmbassador Program
Submitted by Downtown Fort Worth,Inc. * revised September 5,2017
FORT WORTH Downtown Public Improvement District
14
1
WH:fE SETTL EF.'1=FJT
i ♦ ��.Vii;� �� i X
'0 y
* ,
a T
4 77
- i
91
UAW
19TH
,
z
I ANC ASTIR
5. 1F. , _rte'
i
t
RIL
": I rY; ° ,�. I� LEGEND
'� ` °rte -- '� rJ - PID 1 - DOWNTOWN
ti: '' '❑ e `� a 0 0.125 0.25 0.5 Miles
Prepared on:August 19 2014
64
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. 22881-09-2017, 22882-09-2017
& 22883-09-2017
DATE: Tuesday, September 12, 2017 REFERENCE NO.: BH-372
LOG NAME: 03PBD PlDlFY18
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 1, Downtown PID, Approve Fiscal Year
2017-2018 Budget and Five-Year Service Plan in the Amount of$3,045,802.00, Approve Tax Year 2017
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2017 Tax Year at a Rate of
$0.125 Per Each $100.00 of Property Value, Adopt Ordinance Increasing Estimated Receipts and
Appropriations in the Fort Worth Public Improvement District 1 - Downtown Fund in the Amount of
$2,991,382.00, Adopt Ordinance Increasing Appropriations in the Fort Worth Public Improvement District 1
- Downtown Fund in the Amount of$54,420.00, and Reducing Unaudited, Unassigned Fund Balance by
the Same Amount, and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., in the
Amount of$287,893.00 to Manage the District (COUNCIL DISTRICT 9)
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 1, Downtown Public Improvement District for the 2017 tax year;
2. Approve the attached Fiscal Year 2017-2018 Budget and Five-Year Service Plan for the Downtown
Public Improvement District in the amount of$3,045,802.00;
3. Approve the Tax Year 2017 Assessment Roll for the Downtown Public Improvement District, on file
with the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in the Downtown
Public Improvement District for the 2017 tax year at a rate of$0.125 per each $100.00 of property value;
5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public
Improvement District 1 - Downtown Fund in the amount of$2,991,382.00 from available funds;
6. Adopt the attached ordinance increasing appropriations in the Fort Worth Public Improvement District 1
- Downtown Fund in the amount of$54,420.00, and reducing the unaudited, unassigned fund balance by
the same amount; and
7. Authorize the execution of an Agreement with Downtown Fort Worth, Inc., in the amount of
$287,893.00 to provide management and improvement services for the Downtown Public Improvement
District during Fiscal Year 2017-2018.
DISCUSSION:
On June 23, 2009, Mayor and Council Communication (M&C C-23627) the City Council adopted
Logname: 03PBD PIDlFY18 Page 1 of 3
Resolution No. 3756-06-2009 re-establishing Fort Worth Public Improvement District 1 (Downtown 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 Downtown PID and the proposed assessments to be
levied on each property in the Downtown PID for the 2017 tax year. Following the public hearing, it is
recommended that the City Council approve the Tax Year 2017 Assessment Roll for the Downtown PID,
approve the attached Budget and Five-Year Service Plan, adopt the attached ordinance levying the
special assessments, and adopt the appropriation ordinances increasing estimated receipts and
appropriations in the Fort Worth Public Improvement District 1- Downtown Fund.
On August 29, 2017, the City Council conducted a public hearing (M&C BH-358) to receive comments on
the proposed 2017-2018 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
Downtown PID, in accordance with state law.
The improvements and services to be provided in the PID during the 2017-2018 Fiscal Year and the costs
thereof are as follows:
Improvements Total Budgeted Costs
Management Fee $287,893.00
Water $12,000.00
Utilities $5,000.00
Landscaping $105,000.00
Trash Removal $1,193,307.00
Holiday Light/Deco $25,000.00
Security $60,000.00
Ambassador Program $575,000.00
Communications/Newsletters $5,000.00
Marketing & Research $399,810.00
Transportation & Planning $185,290.00
Insurance $5,850.00
Annual Review $15,000.00
City Administrative Fee $54,420.00
Contribution to Fund Balance $117,232.00
Total Expenses $3,045,802.00
The total budgeted costs of the improvements are in the amount of$3,045,802.00. Of this amount,
$2,487,232.00 will be funded by assessments collected on privately owned parcels located in the PID by
applying a rate of$0.125, representing an increase of$0.02, to each $100.00 of property value. The
remainder of the costs in the amount of$558,570.00 will be funded by other revenue sources
including: an amount equal to $204,000.00 in direct payments from the City for Payment In-Lieu of
Assessments, an amount equal to $147,009.00 in direct payments from the City for Payment In-Lieu of
Services, an amount equal to $153,141.00 in revenues generated by PID activities, and an amount equal
to $54,420.00 transferred from unaudited, unassigned fund balance.
The Downtown PID is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of
Logname: 03PBD PIDIFY18 Page 2 of 3
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 1 - Downtown Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
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: Terry Hanson (7934)
Logname: 03PBD PIDIFY18 Page 3 of 3