HomeMy WebLinkAboutOrdinance 23328-08-2018 ORDINANCE NO. 23328-08-2018
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 2018-
2019; 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 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 Street 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 2018-2019 and their estimated
costs are as follows:
Expenses
Management Fee 315,050.00
Water 11,500.00
Utilities 5,000.00
Landscaping 142,000.00
Trash Removal 1,214,250.00
Holiday Light/Deco 32,500.00
Security 61,200.00
Ambassador Program 600,000.00
Communications/Newsletters 8,000.00
Marketing& Research 441,000.00
Transportation & Planning 201,150.00
Insurance 5,300.00
Annual review 15,000.00
City Administration Fee 61,089.00
Total Expenses $3,113,039.00
Ordinance No.23328-08-2018
Page 1 of 5
The total budgeted costs of the improvements are $3,113,039.00. Of this amount, $2,553,061.00 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:
• $199,783.00 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 August 21, 2018;
• $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 August 21, 2018;
• $154,601.00 in revenues generated by District activities; and
• $58,585.00 transferred from unaudited, unassigned fund balance.
WHEREAS, it is proposed that property in the District subject to assessment be assessed at a
rate of$0.115 per each $100 of property value, as of January 1, 2018 and determined by the appraisal
district with jurisdiction over property in the District; and
WHEREAS, the Improvements and proposed assessments were previously presented in a
public hearing conducted by the City Council on August 14, 2018 (M&C 13FMS PIDIFY19
BENEFIT) and the assessment roll has been on file in the office of the City Secretary for public
inspection; and
WHEREAS, the Improvements and proposed assessments were once again presented to the
City Council in a public hearing conducted on the 21 st day of August,2018, 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
Ordinance No.23328-08-2018
Page 2 of 5
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, 2018, 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: $0.115 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 of 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, 2019, and shall become delinquent if not paid
by February 1, 2019. The entire amount assessed against each parcel of property shall bear penalty and
interest, from and after February 1, 2019 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
Ordinance No.23328-08-2018
Page 3 of 5
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 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.
SECTION 13.
This Ordinance shall take effect and be in full force and effect from and after the date of its
passage.
Ordinance No.23328-08-2018
Page 4 of 5
AND IT IS SO ORDAINED.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Ty
'ler F. llach ary J. Kays
Senior sist City Attorney City Secretar
M&C: -387
Adopted and Effective: August 21, 2018
Ordinance No.23328-08-2018
Page 5 of 5
FORTWORTH, Downtown 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.
I
i
FORT WORTH. City of Fort Worth
Five Year Service Plan FY 2018-19-FY 2022-23
n
Public Improvement District No.1 -Fort Worth
iI
FYI 8119 FY19120 FY20121 FY21122 FY22123
REVENUES
PID Assessments $2,553,061 $2,604,222 $2,656,307 $2,709,433 $2,763,621
COFW Assessment $199,783 $203,779 $207,854 $212,011 $216,252
COFW Payment in lieu of Services $147,009 $149,949 $152,948 $156,007 $159,127
PID Generated Revenue $154,601 $157,693 $160,847 $164,064 $167,345
Budget Revenues $3,054,454 $3,115,643 $3,177,955 $3,241,515 $3,306,345
Use of Fund Balance 58,585
Total Revenues $3,113,039 $3,115,643 $3,177,955 $3,241,515 $3,306,345
EXPENSES
Management Fee 315,050 321,351 327,778 334,334 341,020
Water 11,500 11,730 11,965 12,204 12,448
Utilities 5,000 5,100 5,202 5,306 5,412
Landscaping 142,000 104,757 106,852 108,987 111,169
Trash Removal 1,214,250 1,238,535 1,263,306 1,288,572 1,314,343
Holiday Light/Deco 32,500 33,150 33,813 34,489 35,179
Security 61,200 62,515 63,765 65,042 66,341
Ambassador Program 600,000 612,091 624,333 636,820 649,556
Communications/Newsletters 8,000 8,160 8,323 8,490 8,659
Marketing & Research 441,000 433,122 441,784 450,621 459,634
Transportation & Planning 201,150 202,113 206,154 210,277 214,483
Insurance 5,300 5,406 5,514 5,624 5,737
Annual Review 15,000 15,300 15,606 15,918 16,236
City Administrative Fee 61,089 62,313 63,559 64,830 66,127
Budget Expenses 3,113,039 3,115,643 3,177,955 3,241,515 3,306,345
Total Expenses $3,113,039 $3,115,643 $3,177,955 $3,241,515 $3,306,345
Submitted by Downtown Fort Worth, Inc. August 3, 2017
Star Telegram, 2018-07-21 Cropped page Page: 7D
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Copyright 2016 Olive Software 2018-07-25 14:54:26
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/21/2018 - Ordinance Nos. 23328-08-2018 & 23329-08-
2018
DATE: Tuesday, August 21, 2018 REFERENCE NO.: BH-387
LOG NAME: 13FMS PID01 FY19
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 1 - Downtown, Approve Fiscal Year 2018-
2019 Budget and Five-Year Service Plan in the Amount of$3,113,039.00, Approve Tax Year 2018
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2018 Tax Year at a Rate of
$0.115 Per Each $100.00 of Property Value, Adopt Ordinance (1) Increasing Estimated Receipts and
Appropriations in the Fort Worth Public Improvement District 1 - Downtown Fund in the Amount of
$3,054,454.00, from Available Funds, and (2) Increasing Appropriations in that Fund in the Amount of
$58,585.00 and Reducing Fund Balance by the same Amount, and Authorize Execution of an Agreement
with Downtown Fort Worth, Inc., in the Amount of$315,050.00 to Manage the PID (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 for the 2018 tax year;
2. Approve the attached Fiscal Year 2018-2019 Budget and Five-Year Service Plan for Public
Improvement District 1 - Downtown in the amount of$3,113,039;
3. Approve the Tax Year 2018 Assessment Roll for Public Improvement District 1 - Downtown, on file with
the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in Public
Improvement District 1 - Downtown for the 2018 tax year at a rate of$0.115 per each $100.00 of property
value;
5. Adopt the attached ordinance (1) increasing estimated receipts and appropriations in the Fort Worth
Public Improvement District 1 — Downtown Fund ("Fund") in the amount of$3,054,454.00, from available
funds, and (2) increasing appropriations in the Fund in the amount of$58,585.00 and reducing fund
balance by the same amount; and
6. Authorize the execution of an Agreement with Downtown Fort Worth, Inc., in the amount of
$315,050.00 to provide management and improvement services for the Public Improvement District 1 -
Downtown during Fiscal Year 2018-2019.
DISCUSSION:
On June 23, 2009, the Mayor and City Council adopted Resolution No. 3756-06-2009 (M&C C-23627) re-
establishing Fort Worth Public Improvement District 1 - Downtown (Downtown PID).
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The purpose of this benefit hearing is to receive comments from the public regarding the 2018-2019 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 2018 tax year. Following the public hearing, it is
recommended that the City Council take the following actions: (a) approve the attached Budget and Five-
Year Service Plan; (b) approve the 2018 Assessment Roll; and (c) adopt the attached ordinances levying
the proposed assessments and appropriating funds.
On August 14, 2018, the City Council conducted a public hearing (M&C 13FMS PID1 FY19 BENEFIT) to
receive comments on the proposed 2018-2019 Fiscal Year Budget, Five-Year Service Plan, and
assessments for the Downtown 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 Downtown PID during the 2018-2019 Fiscal Year
and the costs thereof are as follows:
Improvements Total Budgeted
Costs
Management Fee $ 315,050.00
Water $ 11,500.00
Utilities $ 5,000.00
Landscaping $ 142,000.00
Trash Removal $ 1,214,250.00
Holiday Light/Deco $ 32,500.00
Security $ 61,200.00
Ambassador Program $ 600,000.00
Communications/Newsletters $ 8,000.00
Marketing& Research $ 441,000.00
Transportation&Planning $ 201,150.00
Insurance $ 5,300.00
Annual Review $ 15,000.00
City Administrative Fee $ 61,089.00
Total Expenses $ 3,113,039.00
The total budgeted costs of the improvements and services are $3,113,039.00. Of this amount,
$2,553,061.00 will be funded by assessments collected on privately owned parcels located in the
Downtown PID by applying a rate of$0.115, representing a decrease of$0.01, to each $100.00 of
property value. The remainder of the costs in the amount of$559,978.00 will be funded by other revenue
sources including: (a) $199,783.00 in direct payments from the City for Payment In-Lieu of Assessments,
(b) $147,009.00 in direct payments from the City for Payment In-Lieu of Services, (c) $154,601.00 in
revenues generated by Downtown PID activities, and (d) $58,585.00 transferred from unaudited,
unassigned fund balance.
For Fiscal Year 2018 (tax year 2017), the Downtown PID levied an assessment rate of$0.125 per
$100.00 of property value. The Downtown PID experienced growth in net taxable value equal to 12.2%, or
$238,807,917.00 allowing for the assessment rate to be reduced by $0.01. Thus, the recommended Fiscal
Year 2019 (tax year 2018) assessment rate is $0.115 per each $100.00 of property value. Even with the
lower assessment rate, revenue growth year over year is $89,237.00 or 3.6%.
On August 14, 2018, the City Council conducted a public hearing to receive comments on the proposed
2018-2019 Fiscal Year Budget, Five-Year Service Plan, and 2018 Assessments for the Downtown PID
(M&C BH 382). Notice of the August 14, 2018 benefit hearing and this hearing were published in the Fort
_Worth Star- Telegram on July 21, 2018 and mailed to all record owners of property in the Downtown PID
on July 20, 2018, in accordance with state law. Included within those notices was a draft of the Fiscal
Year 2019 budget equaling $3,112,989.00. This amount was estimated based upon non-certified values
received from the Tarrant Appraisal District. On July 23, 2018, the City received certified values for
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Downtown PID and, as such, has finalized the Fiscal Year 2019 budget in the amounts shown. The
Downtown PID advisory board recommended approval of the budget.
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
the Fiscal Year 2018-2019 Budget by the City Council, funds will be available in the Fiscal Year 2019
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 ccoun Project Program ctivity Budget Reference # toun!
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by. Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Angela Estrada (8511)
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