HomeMy WebLinkAboutOrdinance 23789-08-2019 ORDINANCE NO.23789-08-2019
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 15 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. 15 (the"District"); and
WHEREAS,the District comprises approximately 132.20 acres of land bounded by David Strickland
Road on the north,area to the south of and along Mosson Road,area to the west of and along Marie Jones Road,
and east by Interstate Highway East Loop 820 South, excluding certain small tracts of tax-exempt, City-owned
property and property used for residential purposes within the District's boundaries; and
WHEREAS,the Improvements to be provided in Fiscal Year 2019-2020 and their estimated costs are
as follows:
EXPENSES
Management Fee 12,200.00
Security Enhancements 73,000.00
Equipment Rental 8,500.00
Truck Maintenance 4,000.00
Insurance 600.00
Professional Services 3,600.00
Website 500.00
City Administration Fee 2,000.00
Budgeted Expenses $ 104,200.00
The total budgeted costs of the improvements are $104,200.00. Of this amount, $102,122.00 will be funded by
assessments collected on privately owned parcels located in the District.The remaining$2,078.00 will be funded
by a transfer from the unaudited, unassigned fund balance; and
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0.24 per 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 PID15FY20 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,
Ordinance No.23789-08-2019
Page 1 of 4
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:$0.24 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
Ordinance No.23789-08-2019
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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.
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.
Ordinance No.23789-08-2019
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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. Walla ssistant City Attorney Miry J.Kayser,,City S re ry
M&C: 19-0109
FH.��� FORT
Adopted and Effective: August 27, 2019
�XAS
Ordinance No.23789-08-2019
Page 4 of 4
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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.15-Fort Worth
FY19/20 FY19/20 FY20/21 FY21/22 FY22123
REVENUES
PID Assessments $102,122 $104,245 $107,372 $110,593 $113,911
Budget Revenues $102,122 $104,245 $107,372 $110,593 $113,911
Use of Fund Balance $2,078
Total Revenues $104,200 $104,245 $107,372 $110,593 $113,911
EXPENSES
Management Fee 12,000 12,000 12,000 12,000 12,000
Security Enhancements 73,000 73,000 73,000 73,000 73,000
Equipment Rental 8,500 8,500 8,500 8,500 8,500
Truck Maintenance 4,000 4,000 4,000 4,000 4,000
Insurance 600 600 600 600 600
Professional Services 3,600 3,600 3,600 3,600 3,600
Website/software 500 500 500 500 600
Printing 0 250 250 250 250
City Administrative Fee 2,000 2,000 2,000 2,000 2,000
Budget Expenses 104,200 104,450 104,450 104,450 104,550
Contribution to Fund Balance - - - - -
Total Expenses $104,200 $104,450 $104,450 $104,450 $104,550
rate of$.24 per$100 of assessed value 3%
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0109
LOG NAME: 13FMS PID15FY20
SUBJECT
Conduct Public Benefit Hearing for Public Improvement District 15-Sun Valley,Approve Fiscal Year 2019-2020 Budget in the Amount of
$104,200.00 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$0.24 Per Each$100 of Property Value,Authorize Execution of an Agreement with Orasi Development,LLC,in the
Amount of$12,000.00 to Manage the District,and Adopt Appropriation Ordinance(COUNCIL DISTRICT 5)(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 15-Sun
Valley for the 2019 tax year;
2.Approve the attached Fiscal Year 2019-2020 Budget in the amount of$104,200.00 and Five-Year Service Plan for Public Improvement District
15-Sun Valley;
3.Approve the Tax Year 2019 Assessment Roll for Public Improvement District 15-Sun Valley,on file with the City Secretary;
4.Adopt the attached ordinance levying special assessments on the property located in Public Improvement District 15-Sun Valley for the
2019 tax year at a rate of$0.24 per each$100.00 of property value;
5.Adopt the attached ordinance(1)increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 15—Sun
Valley Fund("Fund")in the amount of$102,122.00,from available funds,and(2)increasing appropriations in the Fund in the amount of$2,078.00
and reducing the fund balance by the same amount;and
6.Authorize the execution of an Agreement with Orasi Development, LLC,in the amount of$12,000.00 to provide management of the
improvements and services for Public Improvement District 15-Sun Valley during Fiscal Year 2019-2020.
DISCUSSION:
On August 21,2012,the City Council adopted Resolution No.4120-08-2012 establishing Fort Worth Public Improvement District 15-Sun Valley
(Sun Valley 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 Sun Valley PID and the proposed assessments to be levied on each property in the Sun Valley 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 Sun Valley PID and the costs thereof are as follows:
Improvements Total Budgeted Costs
Management Fee $12,000.00
Security Enhancements$73,000.00
Equipment Rental $8,500.00
Truck Maintenance $4,000.00
Insurance $600.00
Professional Services $3,600.00
Website $500.00
Printing $0.00
City Administration Fee$2,000.00
Total Expenses $104,200.00
The total budgeted costs of the improvements and services are in the amount of$104,200.00.Of this amount,$102,122.00 will be funded by
assessments collected on privately owned parcels located in the Sun Valley PID by applying a rate of$0.24 per each$100.00 of property value.
The remaining$2,078.00 will be funded by a transfer from the unaudited,unassigned fund balance.
For Fiscal Year 2019(tax year 2018)City Council levied an assessment rate of$0.26 per each$100.00 of property value.The Sun Valley PID
experienced growth in net taxable value equal to 17.5%,or$5,713,321.00,allowing for the assessment rate to be reduced by$0.02.Thus,the
recommended Fiscal Year 2020(tax year 2019)assessment rate is$0.24 per each$100.00 of property value.Even with the lower assessment
rate,revenue growth year over year is$9,681.00 or 10%.
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 Sun Valley 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 Sun Valley PID on August 7,2019,
in accordance with state law.
The Sun Valley PID is located in COUNCIL DISTRICT 5.
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 15-
Sun Valley Fund.
Submitted for City Manager's Office by: Kevin Gunn 8180
Originating Business Unit Head: Reginald Zeno 8500
Additional Information Contact: Angela Estrada 8511