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HomeMy WebLinkAboutOrdinance 23793-08-2019 ORDINANCE NO.23793-08-2019 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 20 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. 20 (the"District");and WHEREAS, the District consists of approximately 243 acres of land generally described as: All properties fronting onto East Lancaster Avenue starting from the east curb of Riverside Drive eastward to the western edge of Interstate Loop 820, including properties in and parallel to the addresses in the 1800 to 6000 blocks of East Lancaster Avenue; and WHEREAS,the Improvements to be provided in Fiscal Year 2019-2020 and their estimated costs are as follows: EXPENSES Management Fee 15,800.00 City Administrative Fee 4,915 Security Patrol 180,617 Insurance 2,000 Community Marketing/Events 3,000 PID Application Fee 5,000 Contribution to Fund Balance 34,395 Budget Expenses $ 245.727.00 The total budgeted costs of the Improvements are $245,727.00, all of 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 $0.27 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 PID20FY20 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.23793-08-2019 Page 1 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 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: $0.27 per each$100 of value for 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, 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 Ordinance No.23793-08-2019 Page 2 of 4 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. 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 Ordinance No.23793-08-2019 Page 3 of 4 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 AND LEGALITY: ATTEST: Tyler F. Wallach, si tant City Attorney /./M ry J.Kayser,City Se rJary M&C: 19-0103 -oF.FoRT� Adopted and Effective: August 27, 2019 Ordinance No.23793-08-2019 Page 4 of 4 East Lancaster Public Improvement District District 4 ' s �? CANTON_ U rao d, CARVERLY t YEAG ER, ON, r� STALCUP s..,, District 5 �OOp H r o �} ' DILLARD TIERNEY � � ty ' VILL•AGE'CREEK tj O O - AMANDA p O W p., O SrX . i ^ U) EbGEWOOD LU Lij rtiµi , OAKL•AND t Y MILLER, - r' } m 80r AYERS Z LU LE W BISHOP. r VAUGHN C) EACN MIT,C/HELL �. .. ,. i. - {f,j..t .Y •,�: r a �• y J.t" r- '..r. x JTQ y - ' , � ,,• j RIVERSIpF�t ", � �. ;.w�r , Prepared on: 0 0.25 0.5 1 Miles East Lancaster PID Parcels February 19, 2019 z < I I I I I I I t I ©Copyright 2019 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 represent an on-the-ground survey and represents 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 3% Public Improvement District No.20-East Lancaster 5% FY79/20 FY20121 FY21122 FY22/23 FY23124 REVENUES PiD Assessments $245,727 $253,099 $260,692 $268,513 $276,568 Budget Revenues $245,727 $253,099 $260,692 $266,513 $276,568 Use of Fund Balance - - - Total Revenues $245,727 $263,099 $260,692 $268,613 $276,568 EXPENSES Management Fee 15,800 16,590 17,420 18,290 19,205 City Administrative Fee 4,915 5,062 5,214 5,370 5,531 Security Patrols 180,617 200,000 210,000 220,500 231,525 Insurance 2,000 2,060 2,122 2,185 2,251 Community Marketing/Events 3,000 3,150 3,308 3,473 3,647 PID App Fee 5,000 - Budget Expenses 211,332 226,862 238,063 249,819 262,159 Contribution to Fund Balance(Reserve) 34,395 $26,237 $22,629 $18,693 $14,409 Total Expenses $245,727 $253,099 $260,692 $268,513 $276,568 City of Fort Worth,Texas Mayor and Council Communication DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0103 LOG NAME: 13FMS PID20FY20 SUBJECT Conduct Public Benefit Hearing for Public Improvement District 20-East Lancaster Avenue,Approve Fiscal Year 2019-2020 Budget in the Amount of$245,727 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$0.27 Per Each$100.00 of Property Value,Authorize Execution of an Agreement with FirstService Residential Texas,Inc.,in the Amount of$15,800 to Manage the District,and Adopt Appropriation Ordinance(COUNCIL DISTRICTS 5 and 8)(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 20-East Lancaster Avenue for the 2019 tax year; 2.Approve the attached Fiscal Year 2019-2020 Budget in the amount of$245,727 and Five-Year Service Plan for Public Improvement District 20- East Lancaster Avenue; 3.Approve the Tax Year 2019 Assessment Roll for Public Improvement District 20-East Lancaster Avenue,on file with the City Secretary; 4.Adopt the attached ordinance levying special assessments on the property located in Public Improvement District 20-East Lancaster Avenue for the 2019 tax year at a rate of$0.27 per each$100.00 of property value; 5.Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 20-East Lancaster Avenue Fund in the amount of$245,727;and 6.Authorize the execution of an Agreement with FirstService Residential Texas,Inc.in the amount of$15,800 to provide management of the improvements and services for Public Improvement District 20-East Lancaster Avenue during Fiscal Year 2019-2020. DISCUSSION: On February 12,2019,the City Council adopted Resolution No.5052-02-2019,establishing Fort Worth Public Improvement District 20-East Lancaster Avenue("East Lancaster Avenue 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 East Lancaster Avenue PID and the proposed assessments to be levied on each property in the East Lancaster Avenue 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 East Lancaster Avenue PID during the 2019-2020 Fiscal Year and the costs thereof are as follows: Improvements Total Budgeted Costs Management Fee $15,800 City Administrative Fee $4,915 Security Patrol $180,617 Insurance $2,000 _ Community Marketing/Events $3,000 PID Application Fee 1$5,000, Contribution to Fund Balance $34,395 Total 1$245,727 The total budgeted costs of the improvements and services are in the amount of$245,727.The entire amount of$245,727 will be funded by assessments collected on privately owned parcels located in the East Lancaster Avenue PID by applying a rate of$0.27 per each$100.00 of property value. 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 East Lancaster Avenue 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 East Lancaster Avenue PID on August 7,2019,in accordance with state law. The East Lancaster Avenue PID is located in COUNCIL DISTRICTS 5 and 8. 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 20- East Lancaster Avenue Fund. Submitted for City Manager's Office by: Kevin Gunn 2015 Originating Business Unit Head: Reginald Zeno 8500 Additional Information Contact: Angela Estrada 8500