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HomeMy WebLinkAboutResolution 5030-01-2019A Resolution NO. 5030-01-2019 A RESOLUTION ACCEPTING THE FILING OF A PETITION TO ESTABLISH A PUBLIC IMPROVEMENT DISTRICT TO BE KNOWN AS FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 20 (EAST LANCASTER AVENUE); SETTING A DATE FOR A PUBLIC HEARING; AUTHORIZING THE PUBLICATION OF NOTICE; AND ENACTING OTHER PROVISIONS RELATING THERETO WHEREAS, on September 10, 2018, the City of Fort Worth, Texas ("City") received a petition ("Petition") requesting the establishment of a public improvement district under Chapter 372 of the Texas Local Government Code ("Act") to be known as the "Fort Worth Public Improvement District No. 20 (East Lancaster Avenue)" ("District"); WHEREAS, the Petition, a substantial copy of which is attached hereto as Exhibit A, has been examined, verified, and found by City staff to meet the requirements of Section 372.005 of the Act, to substantially comply with City Policy, and to be sufficient for consideration by the City Council ("Council"); WHEREAS, the Petition describes the improvements and services to be financed with the District; WHEREAS, the boundaries of the proposed District are described in the attachments to the Petition; WHEREAS, the boundaries of the proposed District are within the corporate limits of the City; WHEREAS, pursuant to the Act, the Council is required to conduct a public hearing concerning the establishment of the District and to provide notice thereof, which notice must be provided in the manner and contain the requisite information specified in the Act; WHEREAS, the Council hereby finds and determines that, based on its receipt and review of the Petition, the City should proceed with conducting a public hearing concerning the creation of the District and the giving of the notice of such public hearing in the time, form, and manner provided by the law; and WHEREAS, the Council hereby finds and determines that these actions are in the best interests of the residents of the City. ORT W0,RTU NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: 1. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. 2. The Council will hold one public hearing to receive public comment on the establishment of the District during the regular City Council meeting on Tuesday, February 5, 2019, beginning at 7:00 p.m. in the City Council Chamber, City Hall, 200 Texas Street, Fort Worth, Texas. 3. Before the 15th day prior to the date of the above -stated public hearing, notice of said public hearing will be (i) published in a newspaper of general circulation in the City of Fort Worth and (ii) mailed to each property owner, as reflected on the tax rolls, of property subject to assessment within the District. All required notices will comply with the Act. 4. The Petition is hereby accepted and approved for filing with the City Secretary for public inspection. 5. In considering the establishment of the District, the Council reserves the right to set parameters for the District that are lesser in scope than what is requested by the Petition, including, but not limited to, setting an assessment area that is less than the proposed boundaries stated by the notice and in the Petition and limiting the types of improvements and services that may be financed by the District. 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, of the Texas Government Code, as amended. Adopted this 15th day of January 2019. i r • ��1�+ � � s I ' Mary J. Kayse ecretary ORT WOR�iTI 'T' EXHIBIT A Petition Requesting the Establishment of the FORT WORTHPUBLIC IMPROVEMENTDISTRICT EAST LANCASTER AVENUE �flD } PE'T'ITION REQUESTING THE ESTABLISHMENT OF THE FORT NORTH PUBLIC IMPROVEMENT DISTRICT NO. 20 EAST LANCASTER AVENUE (PID #20) ARTICLE, .I — REQUEST TO ESTABLISH DIST tICT This petition (the "Petition") is submitted to the City of Fort Worth, Texas (the "City") by Haydn Cutler Company. (The "Petitioner") is requesting the establishment of a Public Improvement District (the "District") that :would be known as Fort Worth Public Improvement District No 20 — East Lancaster Avenue. 2, This Petition is submitted under the authority of Chapter 372 of the Texas Local Government Code (the "Code") and pursuant to the '`Policy Statement — Public Improvement Districts — City of Fort Worth" adopted February 13, 2018 by the City Council of the City, as amended. This Petition is submitted with the understanding that the City and the Petitioner will mutually agree upon the form and content of the resolution establishing the District. If the City and the Petitioner are unable to agree upon the form and content of the resolution, or if the City Council does not adopt the resolution as agreed, the Petitioner shall be deemed to have withdrawn this Petition prior to any action having been taken by the City Council to establish the District. Linder no circumstances shall the City Council have the authority to establish the District unless the form and content of the resolution have been approved by the Petitioner. The Petitioner further reserves the right to withdraw this petition at any time and for any reason by giving written notice of withdrawal (including notice by FAX, e-mail or hand delivery) to the City Secretary of the City at any time before the City Council votes to establish the District (regardless of whether the City Council may have opened a public hearing to consider the advisability of establishing the District). 4. The establishment of the District pursuant to this Petition will promote the interests of the City, will confer a special benefit on all property within the District, and will promote the interests of the City, the District and all property within the District. ARTICLE I1 — LEGAL SUFFICIENCY OF THE PETITION 'Ihis petition is legally sufficient under the Code to establish the District because it has been signed: (1) by the record owners of taxable real property representing more than 50° i, of the appraised value of taxable real property liable for assessment under this petition, as determined by the 2017 roll of the Tarrant Appraisal District; and (2) by the record ovmers of taxable real property liable for assessment under this Petition who own taxable property that constitutes more than 50% of the area of all taxable real property that is liable for assessment under this Petition, as determined by the 2017 roll of the Tarrant Appraisal District. A copy of the 2017 roll. of the Tarrant Appraisal District (with signatures of each property shown next to each parcel within the boundaries of the proposed District that is liable for assessment) is provided as Exhibit "A". ARTICLE III — GENERAL NATURE OF PROPOSED DISTRICT SERVICES The Public Improvement District will provide services that enhance or maintain the lifestyle, security, personal pride, and enjoyment of the properties within the District, including but not limited to the services set forth on Exhibit "B". In addition to the services set forth in Exhibit "B" the Petitioner requests that the District be authorized to engage in any activity permitted under the Code, subject to annual approval by the City Council. The manager (the "Manager") of the District will recommend each year, to both property owners within the District and to the City Council, an annual plan of service and budget setting forth in detail the services and other activities proposed for the District. ARTICLE IV — ES'T'IMATED COST OF DISTRICT SERVICES i. The Petitioner estimates that the District's first year budget starting October 1, 2019 will be approximately $ 218,192 which will result in an annual assessment for the first year of $.295 per $100 of valuation for taxable property within the District. 2. An itemized estimate of the District's budget for the first five years together with a five-year service plan summary for the District (including estimated sources of revenues for the District, including subsidy revenues that the Petitioner may provide) are set forth on Exhibit "C". The amount, if any, of the Petitioner's annual subsidy is within the sole discretion of the Petitioner. 3. The Petitioner acknowledges and agrees that each annual plan of service and budget for the District will be subject to approval by the City Council after a public hearing. The Petitioner acknowledges and agrees that each annual plan of service and budget will fully fund all costs incurred by the City in connection with the administration of the District, including but not limited to, the costs for personnel, data services, appraisals, notifications, and collection fees. 4. Alt funds of the District will be managed in accordance with accounting methods approved by the City. ARTICLE V TERM OF THE PROPOSED DISTRICT The term of the proposed District shall be ten (10) years from the date of approval by City Council. ARTICLE VI — ANNUAL PLAN OF SERVICE AND BUDGET REVIEW PROCESS Each year beginning in March, the District's Manager will prepare and recommend to the City Council an annual plan of service and budget and an updated five-year plan of service and budget. Prior to presenting each annual plan and budget to the City Council, the District Manager will conduct at least one public hearing within the District at which time the proposed plan and budget (including any comments from a review by an advisory body as noted in. Article XI) will be presented, and property owners within the District will be invited to attend and given an opportunity for public comment. "The District Manager will give individual, written notice to the office of the Director of Financial Management Services / Chief Financial Officer and to each property owner not less than fifteen (15) days before the date of each hearing, which notice will be accompanied by an outline of the proposed annual plan and budget, or revisions thereto, as the case may be. This public hearing is in addition to the public hearing that will be held by the City Council as required by the Code before approving and adopting an annual plan of service and budget for the District. ARTICLE VII — BOUNDARIES OF THE PROPOSED DISTRICT The proposed District contains approximately 243 (including tax exempt areas) acres shown on the map attached as Exhibit "D" and more particularly described on the attached Exhibit "E". ARTICLE VIII — PROPOSED METHOD OF ASSESSMENT It is proposed that the property in the District will be assessed annually for services to be performed by the District according to the appraised values of the property, including improvements, as determined by the then current tax roll of the Tarrant Appraisal District. It is estimated that the assessment will not exceed $0.295 per $100.00 of appraised valuation. ARTICLE IX — PROPOSED APPORTIONMENT OF COSTS BETWEEN THE DISTRICT AND THE CITY Except as provided in this Article III, all costs of the District will be apportioned to the District, and no City property within the District will be liable for assessment. Participation, if any, by the City in the costs of the District will be at the discretion of the City Council of the City. ARTICLE X — MANAGEMENT OF THE DISTRICT The District will be managed by District Manager chosen by the City at the time of establishment of the District, under a professional services contract with the City.. The initial term of the contract may not exceed three years, subject to year -by -year renewals with the consent of both parties. The District Manager may charge management fees, which will be included in the District's annual plan of service and budget approved by the City Council. All contracts for services provided to the District will be let by the District Manager in accordance with the City's competitive bidding procedures and the City's Ordinance No. 13471, as amended, concerning minority and women business enterprises in City contracts. The District Manager will carry general liability insurance with limits of at least $1,000,000.00 per occurrence and naming the city as an additional insured. Upon request by the City, the district manager will provide certificates of insurance evidencing such coverage. The District Manager will indemnify the City against injury, damages and losses resulting from the acts or omissions of the District Manager and those for whom the Manager is responsible. ARTICLE XI — ADVISORY BODY The Petitioner proposes that the District be initially established and managed without the creation of an advisory body (made up of property owners within the District) but understands that pursuant to the Public Improvement District Act, an advisory body will be created based upon the characteristics and recommendations of the property owners within the first 12 months of the district approval date. The advisory body will hear the Manager's annual plan of service and can recommend an improvement plan to the District Manager. ARTICLE XII — DISSOLUTION OF THE DISTRICT The District will be deemed established immediately upon publication in a newspaper of general circulation in the City of a resolution duly adopted by the City Council authorizing the District, and the District shall continue thereafter until dissolved, the district expires, or the district is reestablished as provided by the Code. ARTICLE XIII — ESTABLISHMENTS OF THE DISTRICT DOES NOT OBLIGATE THE CITY Except as provided in Article VIII, the Petitioner agrees that the establishment of the District does not obligate the City to fund or perform any District services, even if the District is dissolved. ARTICLE XIV — APPLICATION FEE The application fee to cover the cost of the City in evaluating this Petition and in verifying the signatures contained in this Petition will be paid from the first year PTD tax proceeds. ARTICLE XV — BENEFIT OF THE DISTRICT The proposed District will exist to provide security services and other crime prevention and abatement techniques along the East Lancaster commercial corridor. These services and improvements will be for the use and benefit of all property owners within the District. These and other potential improvements will be anticipated to contribute to, create and/or maintain a sense of individual and community pride within the District. Taken together, these benefits should help to create, preserve and protect the business and residential corridor, which will provide an enhanced tax base for the City far into the future. LIST OF EXHIBITS Exhibit "A" Proposed District — 2017 Tarrant Appraisal District Roll with Owners' Signatures Exhibit "B" Summary of Initial District Services Exhibit "C" Five -Year Itemized Estimate of Revenues and Expenses Exhibit "D" Map of Proposed District Exhibit "E" Description of Proposed District Exhibit A Proposed District — 2017 'Tarrant Appraisal District Roll with Owners' Signatures Exhibit A can be viewed in the Petition on File at the Fort Worth City Secretary's Office Summary of Anticipated District Services Initial Services A) The initial and primary function of the District is to contract with a private security service to provide additional security for all property owners within the District. This security service will augment the efforts of the Fort Worth Police Department to safeguard the lives and property of its constituents and to reduce the incidence and fear of crime within the District. The security service will be expected to operate in close collaboration with the bort Worth Police Department's efforts. The primary responsibility for public safety will still rest with the Fort Worth Police Department. Potential Additional Services A) Additional efforts to promote public safety, including purchasing of security cameras networked with the City of Fort Worth Police Department, coordinated awareness campaigns, and other efforts to address public safety and enhance the economic vitality of the East Lancaster Corridor. B) A coordinated communication effort to keep businesses within the PID informed through shared. information about security, infrastructure improvements, transportation improvements, capital improvement programs, and other opportunities where awareness and information can help business owners. C) Ongoing cooperation with local governments, neighborhood groups, foundations, universities, and others to assist with obtaining grants or other special funding to undertake studies, historic preservation/restoration, landscape improvements, street improvements, and other streetscape amenities. D) Engagement in any activity permitted under the code, subject to annual approval by the City Council. Exhibit C Five -Year Itemized Estimate of Revenues and Expenses City of Fort worth Five Year Service Plan Public Improvement District No. 20 - East Lancaster REVENUES PID Assessments Budget Revenues Use of Fund Balance Total Revenues EXPENSES Management Fee City Administrative Fee Security Patrols Insurance Misc. Expense PID App Fee Budget Expenses Contribution to Fund Balance (Reserve) Total Expenses FY19/20 FY20121 FY21122 FY22123 FY23124 15,600 16,068 16,550 17,047 17,558 $218,190 $224,737 $231,479 $238,424 $245,577 148,480 192,582 204,024 210,956 217,401 $218,190 $224,737 $231,479 $238,424 $245,577 $218,190 $224,737 $231,479 $238,424 $245,577 15,600 16,068 16,550 17,047 17,558 4,364 4,495 4,630 4,769 4,911 148,480 192,582 204,024 210,956 217,401 2,000 2,060 2,122 2,185 2,251 2,000 2,060 2,122 2,185 2,251 17,000 189,444 28,746 217,265 7,472 229,448 2,031 237,142 1,282.51 244,372 1,205.32 $218,190 $224,737 $231,479 $238,424 $245,577 +a�� (9:1HX3 y Ae R — €y_� 'e'w»='O it ' IL yy�yf {1� y #rr.' `Adm �f !1 "�wwa ► ,� ''� 1Y � �'�yN t �5 !=T rr OtTlo%� ■'1�!'. '_' gi p ' a •- of go a -ry ORA "Ile 9 r t1k, cu J +w" 0 r+ + { W LAW W CO CL Amo _ J g s* kv O _ - v a'+ �,• !,I _ f*7- ix lot LL ILA Ar 4 ^ � 4fi d gi" .. f I r, a—& ;_7 EA kit few AOP Exhibit E The boundaries of Fort Worth Public Improvement District No. 20 (East Lancaster PID #20) are as follows: East Lancaster Avenue from the east curb of Riverside Drive eastward to the western edge of Interstate Loop 820, to include all properties fronting onto East Lancaster Avenue. This includes properties with addresses in the 1800 to 6000 blocks of East Lancaster Avenue. Also included are the following properties which are a part of the East Lancaster Avenue streetscape (within the specified address range), but which have a different street address: 2617 N. Ayers Avenue 2700 Ben Avenue* 304 Clairemont Avenue 305 Collard Street 300 Conner Avenue 5708 Dallas Avenue 5909 Dallas Avenue 305 Forby Avenue 2311 Grafton Street* 5151 Greenlee Street 2612 Harwood Street 2613 Harwood Street *Currently not a taxable entity 3417 McLean Street 3425 McLean Street 2909 Meaders Avenue 2524 Oakland Boulevard 2609 Oakland Boulevard 3117 Panola Avenue 4809 Panola Avenue 2722 Purington Avenue 2728 Purington Avenue 712 Weiler Boulevard* 2528 Wilkinson Avenue