HomeMy WebLinkAboutOrdinance 23781-08-2019 ORDINANCE NO.23781-08-2019
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 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. 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 2019-2020 and their estimated costs are
as follows:
EXPENSES
Management Fee 127,928
Utilities 230,500
Landscape Maintenance 1,166,551
Common Area Maintenance 316,323
Holiday Lighting 28,500
Security Enhancements 85,000
Public Events 85,000
Advertising 35,000
Capital Improvements 200,000
Insurance 13,938
City Administration Fee 35,804
Budgeted Expenses $2,324,544
The total budgeted costs of the Improvements are $2,324,544. Of this amount, $1,790,204 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 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 August 27, 2019; and
• $343,244 transferred from the unaudited, unassigned fund balance.
Ordinance No.23781-08-2019
Page I of 4
WHEREAS,it is proposed that property in the District be assessed the rates of$0.17 per each$100 of
property value for residential property, and$0.11 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;and
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 PID7FY20 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 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 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 1,2019,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
rate and method of payment: $0.17 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
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,
Ordinance No.23781-08-2019
Page 2 of 4
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 31,2020, 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 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.
SECTION 10.
Ordinance No.23781-08-2019
Page 3 of 4
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 .4,ND LEGALITY: ATTEST:
Tyler F. Wallach sistant City Attorney •y J.Kayser,City Secr a
M&C: 19-0112
Adopted and Effective: August 27,2019 e
Ordinance No. 02�l�l - QF J'1
Page 4 of 4
FORT WORTH.N%mr-oo— Heritage Public Improvement District
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T ,, LEGEND
PID 7 - HERITAGE
11 0 0.175 0.35 0.7 Miles
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�w Pr ared on:Au ust 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. 7-Fort Worth
FY19/20 FY20/21 FY21/22
REVENUES
PID Assessments $1,790,204 $1,929,633 $1,968,226
COFW Payment in lieu of Services 191,096 194,918 198,815
Budget Revenues $1,981,300 $2,124,551 $2,167,041
Use of Fund Balance $343,244 252,455 257,504
Total Revenues $2,324,544 $2,377,006 $2,424,545
EXPENSES
Management Fee 127,928 130,487 133,096
Utilities 230,500 235,110 239,812
LandscapinglTree Maintenance 1,166,551 1,189,882 1,213,680
Common Area Maintenance 316,323 322,649 329,102
Holiday Lighting 28,500 29,070 29,651
Security Enhancements 85,000 86,700 88,434
Advertising 35,000 35,700 36,414
Public Events 85,000 86,700 88,434
Capital Improvements 200,000 204,000 208,080
Insurance 13,938 14,217 14,501
Annual Review - - -
City Administrative Fee 35,804 42,491 43,341
Budget Expenses 2,324,644 2,377,006 2,424,546
Contribution to Fund Balance - - -
Total Expenses $2,324,544 $2,377,006 $2,424,545
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0112
LOG NAME: 13FMS PID07FY20
SUBJECT
Conduct Public Benefit Hearing for Public Improvement District 7-Heritage,Approve Fiscal Year 2019-2020 Budget in the Amount of$2,324,544
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$0.17 Per Each$100 of Residential Property Value and$0.11 Per Each$100 of Commercial Property Value,Authorize Execution of
Agreement with FirstService Residential Texas, Inc.,in the Amount of$127,928 to Manage the District,and Adopt Appropriation Ordinance
(COUNCIL DISTRICTS 4 and 7)(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 7-
Heritage for the 2019 tax year;
2.Approve the attached Fiscal Year 2019-2020 Budget in the amount of$2,324,544 and Five-Year Service Plan for Public Improvement District 7
-Heritage;
3.Approve the Tax Year 2019 Assessment Roll for Public Improvement District 7-Heritage,on file with the City Secretary;
4.Adopt the attached ordinance levying special assessments on the property located in Public Improvement District 7-Heritage for the 2019 tax
year at the rates of$0.17 per each$100 of residential property value and$0.11 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 7—Heritage
Fund("Fund")in the amount of$1,981,300,from available funds,and(2)increasing appropriations in the Fund in the amount of$343,244 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$127,928 to provide management of the
improvements and services for Public Improvement District 7-Heritage during Fiscal Year 2019-2020.
DISCUSSION:
On September 26,2000,the City Council adopted Resolution No.2675 establishing Fort Worth Public Improvement District No.7-Heritage
(Heritage 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 Heritage PID and the proposed assessments to be levied on each property in the Heritage 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 Assessment Roll;and(c)adopt the attached ordinances levying the proposed assessments and appropriating funds.
The improvements and services to be provided in the Heritage PID during the 2019-2020 Fiscal Year and the costs thereof are as follows:
Improvements Total Budgeted Costs
_�:]Management Fee $127,928�
Utilities [$230,500
___7
Landscape Maintenance $1,166,551
Common Area Maintenance$316,323
Holiday Lighting $28,500
Security Enhancements $85,000
Advertising $35,000
Public Events $85,000
Capital Improvements [$200,000
Insurance $13,938
City Administration Fee $35,804
Total Expenses 7 -_ :1
$2,324,544
The total budgeted costs of the improvements are in the amount of$2,324,544.Of this amount,$1,790,204 will be funded by assessments
collected on privately owned parcels located in the Heritage PID by applying a rate of$0.17 per each$100 of property value for residential
property and$0.11 per each$100 of property value for commercial property.The remainder of the costs in the amount of$534,340 will be funded
by other revenue sources including:(a)$191,096 in direct payments from the City for Payment In-Lieu of Services,and(b)$343,244 transferred
from the unaudited,unassigned fund balance.
For Fiscal Year 2019(tax year 2018),the City Council levied an assessment rate of$0.19 cents for each$100 of property value for residential
property and$0.11 cents for each$100.00 of property value for commercial property.The Heritage PID experienced growth in net taxable value
equal to2%,or$20,461,272,allowing for the residential assessment rate to be reduced by$0.02.Thus,the recommended Fiscal Year 2020(tax
year 2019)recommended assessment rate is$0.17 per each$100 of property value for residential property and$0.11 per each$100 of property
value for commercial property value.
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 Heritage PID(M&C 19-0095). 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 Heritage PID on August 7,2019,in
accordance with state law.Included within those notices was a draft of the Fiscal Year 2020 based upon an$0.18 assessment rate.City staff
has since agreed on a recommended rate of$0.17 and has finalized the Fiscal Year 2019-2020 budget in the amounts shown.
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 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 7-
Heritage Fund.
Submitted for City Manager's Office by: Kevin Gunn 2015
Originating_Business Unit Head: Reginald Zeno 8500
Additional Information Contact: Angela Estrada 8500