HomeMy WebLinkAboutOrdinance 23330-08-2018 ORDINANCE NO. 23330-08-2018
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH
PUBLIC IMPROVEMENT DISTRICT NO. 6 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. 6 (the "District"); and
WHEREAS, the boundaries of the improvement district are approximately: North Tarrant
Parkway on the north, State Highway 377 on the east, Western Center Boulevard on the south, and
North Beach Street on the west; and
WHEREAS, the Improvements to be provided in Fiscal Year 2018-2019 and their estimated
costs are as follows:
EXPENSES
Management Fee 127,924
Utilities 193,000
Landscape Maintenance 756,172
Common Area Maintenance 255,160
Holiday Decorations 19,000
Security Enhancements 161,000
Communications/Newsletters 6,909
Public Events 32,200
Capital Improvements 295,700
Insurance 24,000
Annual Review 5,100
City Administration Fee 35,492
Budget Expenses $ 1,911,657
The total budgeted costs of the Improvements are $1,911,657.00. Of this amount, $1,575,043.00 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:
Ordinance No.23330-08-2018
Page 1 of 5
• $199,556.00 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; and
• $137,058.00 transferred from the unaudited, unassigned fund balance.
WHEREAS, it is proposed that property in the District be assessed at the rates of$0.165 per
each $100 of property value for residential property, and $0.035 per each $100 of property value for
commercial property, as of January 1, 2018 and determined by the appraisal district with jurisdiction
over property in the District.
WHEREAS, the Improvements and proposed assessments were previously presented in a
public hearing conducted by the City Council on August 14, 2018 (M&C 13 FMS PID6FY19) 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 heard by 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; 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, 2018, are true and correct.
Ordinance No.23330-08-2018
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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 rates and method of payment: $0.165 per each $100 of value for residential
property in the District and $0.035 per each $100 of value for commercial property in the District.
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 Improvements 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
aid in the enforcement and collection of said assessments.
Ordinance No.23330-08-2018
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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 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.23330-08-2018
Page 4 of 5
AND IT IS SO ORDAINED.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Tyler F. Wallach 4VJ. K r
Senior Assis t Ci Attorney City Secretary
M&C: 8
Adopted and Effective: August 21, 2018
Ordinance No.23330-08-2018
Page 5 of 5
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Y� WESTERN'CENTERn _ +5+ Prepared om August 19 2014
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
Five Year Service Plan
Public Improvement District No.6-Fort Worth
FY18119 FY19120 FY20121 FY21122 FY22123
REVENUES
PID Assessments $1,575,043 $1,542,810 $1,542,810 $1,542,810 $1,542,810
COFW Payment in lieu of Services 199,556 199,556 199,556 199,556 199,556
Budget Revenues $1,774,599 $1,742,366 $1,742,366 $1,742,366 $1,742,366
Use of Fund Balance 137,058
Total Revenues $1,911,657 $1,742,366 $1,742,366 $1,742,366 $1,742,366
EXPENSES
Management Fee 127,924 127,924 127,924 127,924 127,924
Utilities 193,000 193,000 193,000 193,000 193,000
Landscaping 756,172 695,700 695,700 695,700 695,700
Common Area Maintenance 255,160 200,000 200,000 200,000 200,000
Holiday Decoration 19,000 20,000 20,000 20,000 20,000
Security Enhancements 161,000 161,000 161,000 161,000 161,000
Communications 6,909 6,909 6,909 6,909 6,909
Public Events 32,200 32,200 32,200 32,200 32,200
Capital Improvements 295,700 241,041 241,041 241,041 241,041
Insurance 24,000 24,000 24,000 24,000 24,000
Annual Review 5,100 5,100 5,100 5,100 5,100
City Administrative Fee 35,492 35,492 35,492 35,492 35,492
Budget Expenses 1,911,657 1,742,366 1,742,366 1,742,366 1,742,366
Contribution to Fund Balance - - - - -
Total Expenses $1,911,657 $1,742,366 $1,742,366 $1,742,366 $1,742,366
$.165 Residential
$.035 Commercial
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/21/2018 - Ordinance Nos. 23330-08-2018 & 23331-08-
2018
DATE: Tuesday, August 21, 2018 REFERENCE NO.: BH-388
LOG NAME: 13FMS PID06FY19
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 6 - Park Glen, Approve Fiscal Year 2018-
2019 Budget and Five-Year Service Plan in the Amount of$1,911,657.00, Approve Tax Year 2018
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2018 Tax Year at a Rate of
$0.165 Per Each $100.00 of Residential Property Value and $0.035 Per Each $100.00 of Commercial
Property Value, Adopt Ordinance (1) Increasing Estimated Receipts and Appropriations in the Fort Worth
Public Improvement District 6 - Park Glen Fund in the Amount of$1,774,599.00, from Available Funds, and
(2) Increasing Appropriations in that Fund in the Amount of$137,058.00 and Reducing Fund Balance by
the same Amount, and Authorize Execution of Agreement with FirstService Residential Texas, Inc. in the
Amount of$127,924.00 to Manage the District (COUNCIL DISTRICT 4)
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 6 - Park Glen for the 2018 tax year;
2. Approve the attached Fiscal Year 2018-2019 Budget and Five-Year Service Plan for Public
Improvement District 6 - Park Glen in the amount of$1,911,657.00;
3. Approve the Tax Year 2018 Assessment Roll for Public Improvement District 6 - Park Glen, on file with
the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in Public
Improvement District 6 - Park Glen for the 2018 tax year at the rates of$0.165 per each $100.00
of residential property value and $0.035 per each $100.00 of commercial property value;
5. Adopt the attached ordinance (1) increasing estimated receipts and appropriations in the Fort Worth
Public Improvement District 6— Park Glen Fund ("Fund") in the amount of$1,774,599.00, from available
funds, and (2) increasing appropriations in the Fund in the amount of$137,058.00 and reducing fund
balance by the same amount; and
6. Authorize the execution of an Agreement with FirstService Residential Texas, Inc., in the amount of
$127,924.00 to provide management of the improvements and services for Public Improvement District 6 -
Park Glen during Fiscal Year 2018-2019.
DISCUSSION:
On September 29, 1998, the City Council adopted Resolution No. 2453 establishing Public Improvement
Logname: 13FMS PID06FY19 Page I of 3
District 6 - Park Glen (Park Glen PID).
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 Park Glen PID and the proposed assessments to be
levied on each property in the Park Glen 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 Tax Roll that is on file with the City Secretary, and (c) adopt the
attached ordinances levying the special assessments and appropriating funds.
The improvements and services to be provided in the Park Glen PID during the 2018-2019 Fiscal Year
and the costs thereof are as follows:
w m Improvements Notal Budgeted Costs
(Management Fee $ 127,924.00
(Utilities $ 193,000-00
Landscape Maintenance _ $_ 756,172.00
jCommon Area Maintenance r $ 255,160.00
Holiday Decorations ( $ 19,000.00
�ecunty Enhancements ; m$ 161,000.00
Ft__. _.__.. __...- -._ .. _ �.
mmunications/Newsletters $ 6,909.00
Public Events _ _$ 32,200.00
Capital Improvements $ 295,700.00
linsurance _ $_ 24,000.00
Annual Review $ 5,100.00
lCity Administration Fee (- $ 35,492.00
Notal Expenses ,911,657.00
The total budgeted costs of the improvements and services are in the amount of$1,911,657.00. Of this
amount, $1,575,043.00 will be funded by assessments collected on privately owned parcels located in the
Park Glen PID by applying a rate of$0.165 cents to each $100.00 of property value for residential
property and $0.035 cents to each $100.00 of property value for commercial property. The remainder of
the costs in the amount of$336,614.00 will be funded by other revenue sources including: (a)
$199,556.00 in direct payments from the City for Payment-in-Lieu of Services and (b) $137,058.00
transferred from the unaudited, unassigned fund balance.
For Fiscal Year 2018 (tax year 2017) the City Council levied an assessment rate of$0.175 cents for each
$100.00 of property value for residential property and $0.035 cents for each $100.00 of property value for
commercial property. The Park Glen PID experienced growth in net taxable value equal to 9.9%, or
$88,702,233.00 allowing the residential assessment rate to be reduced by $0.01. Thus, the recommended
Fiscal Year 2019 (tax year 2018) assessment rate is $0.165 for residential and $0.035 for commercial per
each $100.00 of property value. Even with the lower assessment rate, revenue growth year-over-year is
$30,933.00 or 2.0%.
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 Park Glen PID
(M&C BH 383). 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 Park Glen PID
on July 20, 2018, in accordance with state law. Included within those notices was a draft of the Fiscal
Year 2019 budget of$1,906,917.00. 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 PID 6 and as
Logname: 13FMS PID06FY19 Page 2 of 3
such, has finalized the Fiscal Year 2018-2019 budget in the amounts shown.
The Park Glen PID is located in COUNCIL DISTRICT 4.
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 6 - Park Glen Fund.
FUND IDENTIFIERS (FIDsI:
TO
r7!1!7
partment ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year (Chartfield 2_
FROM
Fund Department ccoun 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: Aaron Bovos (8517)
Additional Information Contact: Angela Estrada (8511)
Logname: 13FMS PID06FY19 Page 3 of 3