HomeMy WebLinkAboutOrdinance 23779-08-2019 ORDINANCE NO.23779-08-2019
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 2019-2020; 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 2019-2020 and their estimated costs are
as follows:
EXPENSES
Management Fee 127,924
Utilities 193,000
Landscape Maintenance 829,520
Common Area Maintenance 512,023
Holiday Decorations 22,832
Security Enhancements 183,985
Communications/Newsletters 6,800
Public Events 32,200
Capital Improvements 241,000
Insurance 34,182
Annual Review 5,100
City Administration Fee 36,116
Budgeted Expenses $ 2,224,782
The total budgeted costs of the Improvements are$2,224,782.00. Of this amount, $1,606,226.00 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:
• $199,556.00 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 27,2019; and
Ordinance No.23779-08-2019
Page 1 of 4
• $419,000.00 transferred from the unaudited,unassigned fund balance.
WHEREAS, it is proposed that property in the District be assessed at the rates of$0.155 per each$100
of property value for residential property,and$0.035 per each$100 of property value for commercial property,
as of January 1,2019 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 20,2019(M&C 13FMS PID6FY20)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 27th day of August,2019,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 1,2019,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
rates and method of payment: $0.155 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.
Ordinance No.23779-08-2019
Page 2 of 4
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 31,2020,and shall become delinquent if not paid by February 1,
2020.The entire amount assessed against each parcel of property shall bear penalty and interest, from and after
February 1,2020 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 or unjust discrimination.
Ordinance No.23779-08-2019
Page 3 of 4
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.
AND IT IS SO ORDAINED.
APPROVED AS TO E AND LEGALITY: ATTEST:
Tyler F. Wallach;Assistant City Attorney y J.Kayser,City Sect t y
M&C: 19-00 F.OR7-
Adopted and Effective: August 27,2019 A. %0
U: 2
Ordinance No.d37.79'0&
Page 4 of 4
FORT WORTH, Park Glen Public Improvement District
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PID 6 - PARK GLEN
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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
Five Year Service Plan
Public Improvement District No.6-Fort Worth
FY19/20 FY20/21 FY21/22 FY22/23 FY23/24
REVENUES
PID Assessments $1,606,226 $1,606,226 $1,606,226 $1,606,226 $1,606,226
COFW Payment in lieu of Services 199,556 199,556 199,556 199,556 199,556
Budget Revenues $1,805,782 $1,805,782 $1,805,782 $1,805,782 $1,805,782
Use of Fund Balance 419,000
Total Revenues $2,224,782 $1,805,782 $1,805,782 $1,805,782 $1,805,782
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 829,520 722,987 722,987 722,987 722,987
Common Area Maintenance 512,023 200,000 200,000 200,000 200,000
Holiday Decoration 22,832 22,832 22,832 22,832 22,832
Security Enhancements 183,985 183,985 183,985 183,985 183,985
Communications 6,800 6,909 6,909 6,909 6,909
Public Events 32,300 32,300 32,300 32,300 32,300
Capital Improvements 241,000 240,447 240,447 240,447 240,447
Insurance 34,182 34,182 34,182 34,182 34,182
Annual Review 5,100 5,100 5,100 5,100 5,100
City Administrative Fee 36,116 36,116 36,116 36,116 36,116
Budget Expenses 2,224,782 1,805,782 1,805,782 1,805,782 1,805,782
Contribution to Fund Balance - - - - -
Total Expenses $2,224,782 $1,805,782 $1,805,782 $1,805,782 $1,805,782
$.155 Residential
$.035 Commercial
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0099
LOG NAME: 13FMS PID06FY20
SUBJECT
Conduct Public Benefit Hearing for Public Improvement District 6-Park Glen,Approve Fiscal Year 2019-2020 Budget in the Amount of
$2,224,782 and Five-Year Service Plan,Approve Tax Year 2019 Assessment Roll,Adopt Ordinance Levying Special Assessments for the 2019
Tax Year at a Rate of$0.155 Per Each$100 of Residential Property Value and$0.035 Per Each$100 of Commercial Property Value,Authorize
Execution of Agreement with FirstService Residential Texas, Inc.in the Amount of$127,924 to Manage the District,and Adopt Appropriation
Ordinance(COUNCIL DISTRICT 4)(PUBLIC HEARING-a. Report of City Staff:Angela Estrada;b.Citizen Presentations;c.Council Action:
Close Public Hearing and Approve the M&C)
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 2019 tax year;
2.Approve the attached Fiscal Year 2019-2020 Budget in the amount of$2,224,782 and Five-Year Service Plan for Public Improvement District 6
-Park Glen;
3.Approve the Tax Year 2019 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 2019 tax
year at the rates of$0.155 per each$100 of residential property value and$0.035 per each$100 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$1,805,782,from available funds,and(2)increasing appropriations in the Fund in the amount of$419,000 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 2019-2020.
DISCUSSION:
On September 29, 1998,the City Council adopted Resolution No.2453 establishing Public Improvement District 6-Park Glen(Park Glen PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2019-2020 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 2019 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 2019 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 2019-2020 Fiscal Year and the costs thereof are as follows:
FY2019-2020 Budget
Management Fee $ 127,924
Utilities — — �$ 193,000
Landscape Maintenance jf jE$8,29,520
Common Area Maintenance $512,023
Holiday Decorations F$2 ,832
Security Enhancements $ 183,985
Communications/Newsletters$6,800
Public Events $32,300
Capital Improvements $241,000
Insurance $34,182
Annual Review $5,100
City Administration Fee $36,116
Total Expenses $2,224,782
The total budgeted costs of the improvements and services are in the amount of$2,224,782.Of this amount,$1,606,226 will be funded by
assessments collected on privately owned parcels located in the Park Glen PID by applying a rate of$0.155 to each$100 of property value for
residential property and$0.035 to each$100 of property value for commercial property.The remainder of the costs in the amount of$618,556 will
be funded by other revenue sources including:(a)$199,556 in direct payments from the City for Payment-in-Lieu of Services and(b)$419,000
transferred from the unaudited,unassigned fund balance.
For Fiscal Year 2019(tax year 2018),the City Council levied an assessment rate of$0.165 cents for each$100 of property value for residential
property and$0.035 cents for each$100 of property value for commercial property.The Park Glen PID experienced growth in net taxable value
equal to 9%,or$89,249,218 allowing the residential assessment rate to be reduced by$0.01.Thus,the recommended Fiscal Year 2020(tax year
2019)assessment rate is$0.155 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$31,172 or 2.0%.
On August 20,2019,the City Council conducted a public hearing to receive comments on the proposed 2019-2020 Fiscal Year Budget,Five-Year
Service Plan,and 2019 Assessments for the Park Glen PID(M&C).Notice of the August 20,2019 benefit hearing and this hearing were
published in the Fort Worth Star-Telegram on August 8,2019 and mailed to all record owners of property in the Park Glen PID on August 7,2019,
in accordance with state law. Included within those notices was a draft of the Fiscal Year 2020 budget of$2,224,782.The informal Park
Glen Advisory Board recommended approval of the budget.
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 2019-2020 Budget by the
City Council,funds will be available in the Fiscal Year 2020 operating budget,as appropriated,of the Fort Worth Public Improvement District 6-
Park Glen Fund.
Submitted for City Manager's Office by: Kevin Gunn 2015
Originating Business Unit Head: Reginald Zeno 8500
Additional Information Contact: Angela Estrada 8511