HomeMy WebLinkAboutOrdinance 22887-09-2017 ORDINANCE NO.22887-09-2017
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 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. 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 2017-2018 and their estimated costs are
as follows:
EXPENSES
Management Fee 100,872
Utilities 325,000
Landscape/Tree
Maintenance 931,000
Common Area Maintenance 267,829
Holiday Lighting 30,808
Security Enhancements 125,000
Public Events 85,000
Capital Improvements 300,000
Insurance 13,350
Annual Review 2,900
City Administration Fee 39,095
Budget Expenses $2,220,854
The total budgeted costs of the improvements are$2,220,854.00. Of this amount, $1,954,758.00 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:
• $191,096.00 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 12, 2017;
• $75,000.00 transferred from unaudited,unassigned fund balance; and
Page 1 of 4
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 1,2017 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 PID7FY18)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 12th 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 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
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
Ordinance No.22887-09-2017
Page 2 of 4
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 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.
Ordinance No.22887-09-2017
Page 3 of 4
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 Wal -- As stant City Attorney ary J. a s r, Secretary
M& --374
Adopted and Effective: September 12, 2017
Ordinance No.22887-09-2017
Page 4 of 4
City of Fort Worth
Five Year Service Plan
Public Improvement District No.7-Heritage
FY18119 FY19120 FY20121 FY21122 FY22123
REVENUES
PID Assessments $1,954,758 $1,996,548 $2,036,479 $2,077,209 $2,118,754
COFW Payment in lieu of Services 191,096 191,096 191,096 191,096 191,096
Budget Revenues $2,145,854 $2,187,644 $2,227,575 $2,268,305 $2,309,850
Use of Fund Balance 75,000 75,000 75,000 75,000 75,000
Total Revenues $2,220,854 $2,262,644 $2,302,575 $2,343,305 $2,384,850
EXPENSES
Management Fee 100,872 102,890 104,948 107,047 109,188
Utilities 325,000 331,500 338,130 344,893 351,791
Landscape Tree Maintenance 931,000 956,155 981,813 1,007,984 1,034,680
Common Area Maintenance 267,829 274,843 279,356 283,960 288,656
Holiday Lighting 30,808 30,808 30,808 30,808 30,808
Security Enhancements 125,000 125,000 125,000 125,000 125,000
Public Events 85,000 85,000 85,000 85,000 85,000
Capital Improvements 300,000 300,000 300,000 300,000 300,000
Insurance 13,350 13,617 13,890 14,168 14,452
Annual Review 2,900 2,900 2,900 2,900 2,900
City Administration Fee 39,095 39,931 40,730 41,545 42,375
Budget Expenses 2,220,854 2,262,644 2,302,575 2,343,305 2,384,850
Total Expenses $2,220,854 $2,262,644 $2,302,575 $2,343,305 $2,384,850
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 9/12/2017 - Ordinance Nos. 22887-09-2017, 22888-09-2017
& 22889-09-2017
DATE: Tuesday, September 12, 2017 REFERENCE NO.: BH-374
LOG NAME: 03PBD PID7FY18
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 7, Heritage PID, Approve Fiscal Year 2017-
2018 Budget and Five-Year Service Plan in the Amount of$2,220,854.00, Approve Tax Year 2017
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2017 Tax Year at the Rates of
$0.21 Per Each $100 of Residential Property Value and $0.11 Per Each $100 of Commercial Property
Value, Adopt Ordinance Increasing Estimated Receipts and Appropriations in the Fort Worth Public
Improvement District 7 - Heritage Fund in the Amount of$2,145,854.00, Adopt Ordinance Increasing
Appropriations in the Fort Worth Public Improvement District 7 - Heritage Fund in the Amount of
$75,000.00, 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 2017 tax year;
2. Approve the attached Fiscal Year 2017-2018 Budget and Five-Year Service Plan for the Heritage
Public Improvement District in the amount of$2,220,854.00;
3. Approve the Tax Year 2017 Assessment Roll for the Heritage Public Improvement District, on file with
the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in the Heritage
Public Improvement District for the 2017 tax year at the rates of $0.21 per each $100 of residential
property value and $0.11 per each $100 of commercial property value;
5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public
Improvement District 7 - Heritage Fund in the amount of$2,145,854.00, from available funds;
6. Adopt the attached ordinance increasing appropriations in the Fort Worth Public Improvement District 7
- Heritage Fund in the amount of$75,000.00, 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
$100,872.00 to provide management and improvement services for the Heritage Public Improvement
District during Fiscal Year 2017-2018.
Logname: 03PBD PID7FY18 Page I of 3
On September 26, 2000, Mayor and Council Communication (M&C G-13021) the City Council adopted
Resolution No. 2675 establishing Fort Worth Public Improvement District No. 7 (Heritage PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2017-2018 Fiscal
Year Budget and Five-Year Service Plan for the Heritage PID and the proposed assessments to be levied
on each property in the Heritage PID for the 2017 tax year. Following the public hearing, it is
recommended that the City Council approve the Tax Year 2017 Assessment Roll for the Heritage PID,
approve the attached Budget and Five-Year Service Plan of the Heritage PID, adopt the attached
ordinance levying the proposed assessments, and adopt the attached ordinances increasing estimated
receipts and appropriations in the Fort Worth Public Improvement District 7— Heritage Fund.
On August 29, 2017, (M&C BH-360)the City Council conducted a public hearing to receive comments on
the proposed 2017-2018 Fiscal Year Budget and Five-Year Service Plan for the Heritage PID. Notice of
this benefit hearing was published in the Fort Worth Star Telegram and mailed to all record owners of
property in the Heritage PID, in accordance with state law.
The improvements and services to be provided in the PID during the 2017-2018 Fiscal Year and the costs
thereof are as follows:
Improvements Total Budgeted Costs
Management Fee [$_ — 100,872.00
Utilities 1$ 325,000.00
Landscape/Tree $ 931,000.00
Maintenance
Common Area Maintenance[$ 267,829.00
Holiday Lighting $ 30,808.00
Security Enhancement $ 125,000.00
Public Events F$ 85,000.00
Capital improvements `$ 300,000.00
Insurance $ 13,350.00
Annual Review $ 2,900.00
City Administration Fee $ 39,095.00
Total Expenses 1$ 2,220,854.00
The total budgeted costs of the improvements are in the amount of $2,220,854.00. Of this amount,
$1,954,758.00 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 $266,096.00 will be funded by other revenue sources: an
amount equal to $191,096.00 in direct payments from the City for Payment In-Lieu of Services and an
amount equal to $75,000.00 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 2017-2018 Budget by the City Council, funds will be available in the Fiscal Year 2018
Logname: 03PBD PID7FY18 Page 2 of 3
operating budget, as appropriated, of the Fort Worth Public Improvement District 7 - Heritage Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # �rnoun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office b� Susan Alanis (8180)
Originating Department Head: Lynda Johnson (6222)
Additional Information Contact: Terry Hanson (7934)
Logname: 03PBD PID7FY18 Page 3 of 3