HomeMy WebLinkAboutOrdinance 23787-08-2019 ORDINANCE NO.23787-08-2019
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO.14 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. 14 (the
"District');and
WHEREAS, the District consists of an area of approximately 21.329 acres bounded by Samuels
Avenue, East Belknap Street, East Bluff Street, East Peach Street, Gounah Street, and North
Harding Street;and
WHEREAS,the Improvements to be provided in Fiscal Year 2019-2020 and their estimated costs are as follows:
EXPENSES
Management Fee 11,500.00
Utilities 750.00
Landscaping 29,000.00
Litter Abatement 3,600.00
Marketing 2,15 5.00
Holiday Lighting 1,000
Ambassador Program 23,360
City Administrative Fee 2,000
Budgeted Expenses $ 73,365.00
The total budgeted costs of the Improvements are $73,365.00. The entire amount of $73,365.00 will be funded by
assessments collected on property subject to assessment in the District;and
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of$0.10 for
each$100 of property 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 PID14FY20 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 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:
Ordinance No.23787-08-2019
Page 1 of 3
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:$0.10 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 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.
Ordinance No.23787-08-2019
Page 2 of 3
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.
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 ANWERGALITY;i ATTEST.
mot, �
Tyler F.Wallac ,Assist t City Attorney Moy J.Kayser,City E ecret FART
M&C: 19-0101 X.• ;�
U ,_
Adopted and Effective: August 27,2019
�s
Ordinance No.23787-08-2019
Page 3 of 3
FORT WORTH. Trinity 'ity Bluff Public Improvement District
.8.
oL
If" 09 �
o
Alk
..
AOP
OAR
�f +
�4 {
4
LEGEND
4
PID14 - TRINITY BLUFF
0 0.05 IDA 0.2 Miles
. - Pre ared one AujWst 12, 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.
FORT ,'WORTH.
City of Fort worth
Five Year Service Plan FY 2019-20-FY 2023-24 .
Public Improvement District No.14-Fort Worth
PROPOSED FIVE YEAR SERVICE PLAN
FY19120 FY20121 FY21122 FY22123 FY23124
REVENUES
PID Assessments $73,365 $73,897 $97,014 $97,014 $97,243
Budget Revenues $73,365 $73,897 $97,014 $97,014 $97,243
Use of Fund Balance $0 $0 $0 $0 $0
Total Revenues $73,365 $73,897 $97,014 $97,014 $97,243
EXPENSES
Management Fee 11,500 11,720 11,944 11,944 12,173
Utilities 750 750 750 750 750
Landscaping 29,000 30,000 30,000 30,000 30,000
Litter Abatement 3,600 3,600 3,600 3,600 3,600
Security - - - - -
Ambassador Program 23,360 23,827 46,720 46,720 46,720
Marketing 2,155 1,000 1,000 1,000 1,000
Holiday Lighting 1,000 1,000 1,000 1,000 1,000
Public Events
Capital Improvements - - - - -
Insurance - - - - -
Annual Review - - - - -
City Administrative Fee 2,000 2,000 2,000 2,000 2,000
Budget Expenses 73,365 73,897 97,014 97,014 97,243
Total Expenses $73,366 $73,897 $97,014 $97,014 $97,243
Submitted by Downtown Fort Worth,Inc. August 3,2017
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0101
LOG NAME: 13FMS PID14FY20
SUBJECT
Conduct Public Benefit Hearing for Public Improvement District 14-Trinity Bluff,Approve Fiscal Year 2019-2020 Budget in the Amount of$73,365
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$0.10 Per Each$100 of Property Value,Authorize Execution of Agreement with Downtown Fort Worth,Inc.,in the Amount of$11,500 to
Manage the District,and Adopt Appropriation Ordinance(COUNCIL DISTRICT 9)(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 14-
Trinity Bluff for the 2019 tax year;
2.Approve the attached Fiscal Year 2019-2020 Budget in the amount of$73,365 and Five-Year Service Plan for Public Improvement District 14-
Trinity Bluff;
3.Approve the Tax Year 2019 Assessment Roll for Public Improvement District 14-Trinity Bluff,on file with the City Secretary;
4.Adopt the attached ordinance levying special assessments on the property located in Public Improvement District 14-Trinity Bluff for the 2019
tax year at a rate of$0.10 per each$100 of property value;
5.Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 14—Trinity Bluff
Fund("Fund")in the amount of$73,365,from available funds,and
6.Authorize the execution of an Agreement with Downtown Fort Worth,Inc.,in the amount of$11,500 to provide management of the improvements
and services for Public Improvement District 14-Trinity Bluff during Fiscal Year 2019-2020.
DISCUSSION:
On June 16,2009,the Mayor and City Council adopted Resolution No.3748-06-2009 establishing Fort Worth Public Improvement District 14-
Trinity Bluff(Trinity Bluff 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 Trinity Bluff PID and the proposed assessments to be levied on each property in the Trinity Bluff 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 Trinity Bluff PID and the costs thereof are as follows:
Improvements Total Budgeted Cost
Management Fee $11,500
Utilities $750
Landscaping $29,000
Litter Abatement $3,600
Ambassador Program $23,360
Marketing 1$2,155 _
Holiday Lighting 1$1,000 —�
City Administrative Fee 711$2,000
Total 11$73,365
The total budgeted costs of the improvements and services are in the amount of$73,365.The entire amount will be funded by assessments
collected on privately owned parcels located in the Trinity Bluff PID by applying a rate of$0.10 per each$100.00 of property value.The
assessment rate is the same 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 assessments for the Trinity Bluff 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 Trinity Bluff PID on August 7,2019,in
accordance with state law.
The Trinity Bluff PID is located in COUNCIL DISTRICT 9.
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 14-
Trinity Bluff Fund.
Submitted for City Manager's Office by: Kevin Gunn 2015
Originating Business Unit Head: Reginal Zeno 8500
Additional Information Contact: Angela Estrada 8500