HomeMy WebLinkAboutOrdinance 23785-08-2019 ORDINANCE NO.23785-08-2019
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 12 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. 12(the"District"); and
WHEREAS,the boundaries of the District are along the major streets of West Bonds Ranch Road on
the North, Business Highway 287 North on the East, the extended Boat Club Road on the West and the City
limits on the South; and
WHEREAS,the Improvements to be provided in Fiscal Year 2019-2020 and their estimated costs are
as follows:
EXPENSES
Management Fee 11,200.00
Utilities 36,430.00
Audit 1,000.00
Landscaping 13,941.00
Pond Maintenance 2,340.00
Pond Chemicals 325.00
Website 800.00
Fountain Repairs 825.00
Irrigation Repairs 500.00
City Administrative Fee 2,000.00
Budgeted Expenses $ 69,361.00
The total budgeted costs of the Improvements are$69,361.00. The entire amount will be funded by assessments
collected on privately owned parcels located in the District.
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0.18 per each $100 of value, 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 PID12FY20 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 presented to the City
Ordinance No.23785-08-2019
Page l of 4
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 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: $0.18 per each$100.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.
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
Ordinance No.23785-08-2019
Page 2 of 4
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.
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.
Ordinance No.23785-08-2019
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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 AND LEGALITY: ATTEST:
Tyler F.Wallac ,A istant City Attorney Mary J.Kayser,City Secre
M&C: 19-01
Adopted and Effective: August 27,2019
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Ordinance No.93785-OB'o'W19
Page 4 of 4
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: MSC 19-0100
LOG NAME: 13FMS PID12FY20
SUBJECT
Conduct Public Benefit Hearing for Public Improvement District 12-Chapel Hill,Approve Fiscal Year 2019-2020 Budget in the Amount of$69,361
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$0.18 Per Each$100 of Properly Value,Authorize Execution of Agreement with FirstService Residential Texas,Inc.in the Amount of
$11,200 to Manage the District,and Adopt Appropriation Ordinance(COUNCIL DISTRICT 7)(PUBLIC HEARING-a.Report of City Staff:Angela
Estrada;b.Citizen Presentations;c.Council Action:Close Public Hearing and Approve the MSC)
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 12-
Chapel Hill for the 2019 tax year;
2.Approve the attached Fiscal Year 2019-2020 Budget in the amount of$69,361 and Five-Year Service Plan for Public Improvement District 12-
Chapel Hill;
3.Approve the Tax Year 2019 Assessment Roll for Public Improvement District 12-Chapel Hill,on file with the City Secretary;
4.Adopt the attached ordinance levying special assessments on the property located in Public Improvement District 12-Chapel Hill for the 2019
tax year at a rate of$0.18 per each$100 of property value;
5.Adopt the attached ordinance(1)increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 12—Chapel
Hill Fund("Fund")in the amount of$69,361,from available funds,and
6.Authorize the execution of an Agreement with FirstService Residential Texas Inc.,in the amount of$11,200 to provide management of the
improvements and services for Public Improvement District 12-Chapel Hill during Fiscal Year 2019-2020,
DISCUSSION:
On March 23,2004,the City Council adopted Resolution No.3060 establishing Fort Worth Public Improvement District 12-Chapel Hill(Chapel
Hill 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 Chapel Hill PID and the proposed assessments to be levied on each property in the Chapel Hill 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 Chapel PID and the costs thereof are as follows:
Improvements Total Budgeted Cost
Management Fee $11,200
Utilities $36,430
Landscaping $13,941
Audit j$1,000
Pond Maintenance $2,340
Pond Chemicals $325
,..—..—..------
Fountain Repairs $825
Website $800
Irrigation Repairs $500
City Administrative Fee $2,000
Total $69,361
The total budgeted costs of the improvements are in the amount of$69,361. The entire amount will be funded by assessments collected on
privately owned parcels located in the Chapel Hill PID by applying a rate of$0.18 per each$100.00 of property value.This is the same
assessment rate as last year.
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 Chapel Hill PID(M&C BH).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 Chapel Hill PID on August 7,
2019,in accordance with state law.
The Chapel Hill PID is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION I 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 12-
Chapel Hill Fund.
Submitted for City Manager's Office by: Kevin Gunn 2015
Originating Business Unit Head: Reginal Zeno 8500
Additional Information Contact: Angela Estrada 8500