HomeMy WebLinkAboutOrdinance 23783-08-2019 ORDINANCE NO.23783-08-2019
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 11 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. 11 (the"District"); and
WHEREAS,the District consists of the area bounded by Northeast 28th Street on the north side, the
Burlington Northern Santa Fe Railroad tracks on the east side, Northeast 23rd Street and Flores Street on the
south side,and Houston Street,West Exchange Avenue,Clinton Avenue,Finney Avenue,Northwest 25th Street,
and Ellis Avenue on the west side; and
WHEREAS,the Improvements to be provided in Fiscal Year 2019-2020 and their estimated costs are
as follows:
EXPENSES
Management Fee 16,858
Litter Abatement&Maintenance 25,000
Public Events 17,000
Capital Improvements 30,000
Insurance 700.00
Website&Other Marketing 40,000
City Administrative Fee 2,000
Budgeted Expenses $131,558
The total budgeted expenses are $131,558. Of this amount, $119,447 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:
• $12,111 transferred from the unaudited, unassigned fund balance.
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0.12 per each $100 of property value, 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 FMS PIDIIFY20 BENEFIT) and the
assessment roll has been on file in the office of the City Secretary for public inspection;and
Ordinance No.23783-08-2019
Page 1 of 4
WHEREAS, the Improvements and proposed assessments were once again presented in a public
hearing conducted by the City Council 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 subject to assessment
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:$0.12 per each$1'00 of value.
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.
Ordinance No.23783-08-2019
Page 2 of 4
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 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.
Ordinance No.23793-08-2019
Page 3 of 4
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 AN AL TY: ATTEST:
Tyler F. Wallach, sis nt City Attorney J.Kayser,City Se ret ry
M&C: 19-0108
Adopted and Effective: August 27, 2019
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Ordinance No.QZJ'Y 3-0?-
Page 4 of 4
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City of Fort Worth
FIVE YEAR SERVICE PLAN
Public Improvement District No. 11 -Stockyards
FY15/16 FY16/17 FYI 7/18
REVENUES
Assessment Revenues $67,420 $67,420 $67,420
Prior Year Assessments 12,857 11,168 9,074
Total City Revenue $80,277 $78,588 $76,494
Web Site Advertising 9,000 9,000 9,000
Total Revenues $89,277 $87,588 $85,494
EXPENSES
Management Fee 13,484 13,889 14,305
Insurance 425 425 425
Trash Removal (all other Maintenance) 10,200 10,200 10,200
Website&Other Marketing 42,000 42,000 42,000
Public Events 10,000 10,000 10,000
City Administration 2,000 2,000 2,000
Budget Expenses $78,109 $78,514 $78,930
Estimated Operating Reserve 11,168.00 9,074.48 6,564.30
Total Expenses $89,277 $87,588 $85,494
FY18/19 FY19/20
$67,420 $67,420
6,564 3,625
$73,984 $71,045
9,000 9,000
$82,984 $80,045
14,734 15,176
425 425
10,200 10,200
42,000 42,000
10,000 10,000
2,000 2,000
$79,359 $79,801
3,624.97 243.61
$82,984 $80,045
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0108
LOG NAME: 13FMS PID 11FY20
SUBJECT
Conduct Public Benefit Hearing for Public Improvement District 11 -Stockyards,Approve Fiscal Year 2019-2020 Budget in the Amount of
$131,558 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$0.12 Per Each$100 of Property Value,Authorize Execution of an Agreement with Stockyards Preservation Foundation of Fort
Worth, Inc., in the Amount of$16,858 to Manage the District,and Adopt Appropriation Ordinance(COUNCIL DISTRICT 2)(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 11 -
Stockyards for the 2019 tax year;
2.Approve the attached Fiscal Year 2019-2020 Budget in the amount of$131,558 and Five-Year Service Plan for Public Improvement District 11 -
Stockyards;
3.Approve the Tax Year 2019 Assessment Roll for Public Improvement District 11 -Stockyards,on file with the City Secretary;
4.Adopt the attached ordinance levying special assessments on the property located in Public Improvement District 11 -Stockyards for the 2019
tax year at a rate of$0.12 per each$100 of property value;
5.Adopt the attached ordinance(1)increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 11 —
Stockyards Fund("Fund")in the amount of$119,447,from available funds,and(2)increasing appropriations in the Fund in the amount of$12,111
and reducing the fund balance by the same amount;and
6.Authorize the execution of an Agreement with Stockyards Preservation Foundation of Fort Worth, Inc.,in the amount of$16,858.00 to provide
management of the improvements and services for the Public Improvement District 11 -Stockyards during Fiscal Year 2019-2020.
DISCUSSION:
On February 25,2003,the City Council adopted Resolution No.2925 establishing Fort Worth Public Improvement District 11 -Stockyards
(Stockyards 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 Stockyards PID and the proposed assessments to be levied on each property in the Stockyards 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 Stockyards PID and the costs thereof are as follows:
Improvements Total Budgeted Cos
Management Fee $16,858
Litter Abatement&Maintenance$25,000
Public Events $17,000
Capital Improvements $30,000
Insurance 4700