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HomeMy WebLinkAboutOrdinance 23791-08-2019 ORDINANCE NO.23791-08-2019 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 19 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 Fort Worth Public Improvement District No. 19(the"District"); and WHEREAS,the District consists of approximately 238.76 acres of land generally consisting of. all commercial land use areas along the Camp Bowie Blvd. corridor from Montgomery(on the east)to Irene(on the west); all commercial land use areas along W. 7t`Street from University to Montgomery; and WHEREAS,the Improvements to be provided in Fiscal Year 2019-2020 and their estimated costs are as follows: EXPENSES Management Fee 90,112.00 Beautification 69,802.00 Professional Fees 5,000.00 Utilities 20,000.00 Maintenance 90,256.00 Litter Abatement 78,720.00 Security 24,960.00 Marketing 24,000.00 Insurance 6,700.00 Audit 6,000.00 City Administration 9,011.00 Budget Expenses $ 450,562.00 The total budgeted costs of the Improvements are $450,562.00. Of this amount, $432,771.00 will be funded by assessments collected on privately owned parcels located in the District. The remainder of the costs will be funded by$17,791.00 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 WHEREAS, it is proposed that commercial property subject to assessment in the District be assessed at a rate of$0.10 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 Ordinance No.23791-08-2019 Page 1 of 4 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 PID19FY20 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 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 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 for commercial property subject to assessment in the District. 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.23791-08-2019 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 properly 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. Ordinance No.23791-08-2019 Page 3 of 4 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 FORMAND JZGALITY: ATTEST: Tyler F. Wallach, ssistant City Attorney iml Kayser,City Se re a.ry M&C:19-0102 �oF F01��.`L Adopted and Effective: August 27, 2019 XAS Ordinance No.23791-08-2019 Page 4 of 4 OR Now a , EN son .., District .. � s . , IMBIBE r HIM 11 s° City of Fort Worth Five Year Service Plan-FY 2019/2020 Public Improvement District No.19-Historic Camp Bowie FYE 9/20 FYE 9/21 FYE 9/22 FYE 9/23 FYE 9/24 REVENUES PID Assessments $432,771 $454,410 $477,130 $500,987 $526,036 COFW Assessment COFW Payment in lieu of Services 17,791 17,791 17,791 17,791 17,791 PID Generated Revenue Budget Revenues $450,562 $472,201 $494,921 $518,778 $543,827 Use of Funds Balance - - - - - Total Revenues $450,562 $472,201 $494,921 $518,778 $543,827 EXPENSES $7 Management Fee 90,112 94,440 98,984 103,756 108,765 Professional Fees 5,000 - - - - Beautification 69,802 77,831 81,011 84,350 88,917 Beautification-Utilities 20,000 21,000 22,050 23,153 24,310 Beautification-Maintenance 90,256 94,769 99,507 104,483 109,707 Litter Abatement 78,720 82,656 86,789 91,128 95,685 Security 24,960 26,208 27,518 28,894 30,339 Marketing 24,000 25,200 26,460 27,783 29,172 Advertising 26,000 27,300 28,665 30,098 31,603 Insurance 6,700 7,035 7,387 7,756 8,144 Audit 6,000 6,300 6,615 6,946 7,293 City Administrative Fee 9,011 9,462 9,935 10,432 9,892 Budget Expenses 450,562 472,201 494,921 518,778 543,827 Contribution to Fund Balance - - - - Total Expenses $450,562 $472,201 $494,921 $518,778 $543,827 Net $0 $0 $0 $0 $0 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0102 LOG NAME: 13FMS PID19FY20 SUBJECT Conduct Public Benefit Hearing for Public Improvement District 19-Historic Camp Bowie,Approve Fiscal Year 2019-2020 Budget in the Amount of$450,562 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$100.00 of Properly Value for Commercial Properly,Authorize Execution of an Agreement with Camp Bowie District,Inc.,in the Amount of$90,112 to Manage the PID;and Adopt Appropriation Ordinance(COUNCIL DISTRICTS 3 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 19- Historic Camp Bowie for the 2019 tax year; 2.Approve the attached Fiscal Year 2019-2020 Budget in the amount of$450,562 and Five-Year Service Plan for Public Improvement District 19- Historic Camp Bowie; 3.Approve the Tax Year 2019 Assessment Roll for Public Improvement District 19-Historic Camp Bowie,on file with the City Secretary; 4.Adopt the attached ordinance levying special assessments on the commerical property located in Public Improvement District 19-Historic Camp Bowie for the 2019 tax year at a rate of$0.10 per each$100.00 of property value; 5.Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 19-Historic Camp Bowie Fund in the amount of$450,562;and 6.Authorize the execution of an Agreement with Camp Bowie District, Inc.,in the amount of$90,112 to provide management of the improvements and services for Public Improvement District 19-Historic Camp Bowie during Fiscal Year 2019-2020. DISCUSSION: On August 14,2018,the City Council adopted Resolution No.4966-08-2018,establishing the Fort Worth Public Improvement District 19-Historic Camp Bowie(Historic Camp Bowie 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 Historic Camp Bowie PID and the proposed assessments to be levied on each commercial property in the Historic Camp Bowie 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 Historic Camp Bowie PID during the 2019-2020 Fiscal Year and the costs thereof are as follows: Improvements Totai Budgeted Cost Management Fee $90,112 Professional Fees $5,0 00 Beautification lUtilities 1$20,000 Maintenance $90,256 Litter Abatement $78,720 Security $24,960 Marketing 1$24,000 Advertising $26,000 Insurance 1$6,700 Audit $6,000 City Administrative Fee $9,011 (ITotal IL450,562 II The total budgeted costs of the improvements and services are in the amount of$450,562.Of this amount,$432,771,will be funded by assessments collected on privately owned parcels located in the Historic Camp Bowie PID by applying a rate of$0.10 per each$100.00 of property value.The remaining$17,791 will be funded in direct payments from the City for Payment In-Lieu of Services. The 2019 assessment rate is the same as the prior 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 Historic Camp Bowie 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 Historic Camp Bowie PID on August 7,2019, in accordance with state law. The Historic Camp Bowie PID is located in COUNCIL DISTRICTS 3 and 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 19- Historic Camp Bowie Fund. Submitted for City Manager's Office by: Kevin Gunn 2015 Originating Business Unit Head: Reginald Zeno 8500 Additional Information Contact: Angela Estrada 8511