HomeMy WebLinkAboutOrdinance 24356-08-2020 ORDINANCE NO. 24356-08-2020
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 2020-2021; 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. 1 (the"District"); and
WHEREAS,the boundaries of the District are the area bounded by the Burlington Northern Santa Fe
RR Tracks on east Weatherford Street,along Weatherford east to Nichols,north on Nichols to Belknap,west on
Belknap to Grove, north on Grove to Bluff, west on Bluff to Cummings, north on Cummings to the Trinity
River,South and West along the east shore of the Trinity River to Tenth Street,east on Tenth Street to Florence;
south on Florence to Texas;east on Texas to the western boundary of the Tarrant County College District parking
lot, south along the west boundary of the Tarrant County College District parking lot to the north curb of
Lancaster Avenue,then east along the north curb of Lancaster Avenue on the south to the Burlington Northern
Santa Fe tracks;then north along the Burlington Northern Santa Fe tracks until they intersect with Weatherford
Street; and
WHEREAS,the Improvements to be provided in Fiscal Year 2020-202I and their estimated costs are
as follows:
Expenses
Management Fee 476,950.00
Utilities 15,500.00
Landscaping/Maintenance 125,000.00
Trash Removal 1,242,380.00
Holiday Light/Deco 30,000.00
Security 11,200.00
Ambassador Program 680,000.00
Communications/Newsletters 9,000.00
Marketing& Research 399,600.00
Transportation& Planning 167,000.00
Annual review/City Audit 2,500.00
City Administration Fee 64,777.00
Budgeted Expenses $3,223,907.00
The total budgeted costs of the Improvements and are $3,223907,181.00. Of this amount, $2,616,166.00 will
Ordinance No.24356-08-2020
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be funded by assessments collected on privately owned parcels located in the District. The remainder of the
costs will be funded by other revenue sources, including:
• $207,855.00 in direct payment from the City for payment in lieu of assessments as set out in Section
372.014(b) of the Texas Local Government Code, which will be appropriated from the General Fund
balance by City Council action on August 25,2020;
• $152,948.00 in direct payments from the City for payment in lieu of services,which will be appropriated
from the General Fund balance by City Council action on August 25, 2020;
• $132,785.00 in revenues generated by District activities; and
• $114,153.00 transferred from the unaudited, unassigned fund balance.
WHEREAS, it is proposed that property in the District subject to assessment be assessed at a rate of
$0.105 per each $100 of property value, as of January 1, 2020 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 18, 2020 (M&C 13FMS PID1 FY21 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 25th day of August,2020,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;
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 I,2020,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
Ordinance No.24356-08-2020
Page 2 of 4
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: $0.105 per each$100 of value for property subject to assessment.
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 of 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 31,2021, and shall become delinquent if not paid by February 1,
2021.The entire amount assessed against each parcel of property shall bear penalty and interest, from and after
February 1,2021 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 any such allowance
does not result in any inequity or unjust discrimination.
Ordinance No.24356-08-2020
Page 3 of 4
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 AND LEGALITY: ATTEST:
Tvier wAiiach ` U 0 Tyler Wallach(Aug 27,202017:02 CDT)
Tyler Wallach, Assistant City Attorney Mary J. Kayser, City Secretary
M&C: 20-0570
Adopted and Effective: August 25,2020
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Ordinance No.24356-08-2020
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1.' 2 5 FORT WORTH®
PID 1: Downtown Source:Planning and DataAnalytia
1- 9, •� Date:July 2020
• OCopyright 2020 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is for informational purposes and may
6 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.
0 500 1,000 2,000 Feet
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City of Fort Worth
Five Year Service Plan
Public Improvement District No. 1 -Fort Worth
FY20121 FY21122 FY22/23
REVENUES
PID Assessments* $ 2,616,166 $ 2,800,146 $ 2,856,149
COFW Assessment 207,855 212,012 216,252
COFW Payment in lieu of Services 152,948 156,007 159,127
PID Generated Revenue 132,785 155,000 145,000
Total Budgeted Revenues $ 3,109,754 $ 3,323,165 $ 3,376,528
Use of Fund Balance 114,153 - -
Total Revenues $ 3,223,907 $ 3,323,165 $ 3,376,528
EXPENSES
Management Fee $ 476,950 $ 480,000 $ 496,221
Utilities 15,500 15,500 16,124
Landscaping/Maintenance 125,000 95,000 129,969
Trash Removal 1,242,380 1,240,000 1,279,923
Holiday Light/Deco 30,000 30,000 43,858
Security 11,200 11,200 11,745
Ambassador Program 680,000 685,000 707,565
Communications/Newsletters 9,000 9,000 9,364
Marketing & Research 399,600 383,445 415,744
Transportation & Planning 167,000 160,000 173,747
City Audit 2,500 2,500 2,500
City Administrative Fee 64,777 66,463 67,531
Total Budgeted Expenses $ 3,223,907 $ 3,178,108 $ 3,354,291
Contribution to Fund Balance $ - $ 145,057 $ 22,237
Net Change in Fund Balance $ (114,153) $ 145,057 $ 22,237
Estimated Fund Balance, Beginning of Year 506,414 392,261 537,318
Estimated Fund Balance, End of Year 392,261 537,318 559,555
Reserve Requirement 520,030 537,318 529,685
Over(Under) Reserve $ (127,769) $ - $ 29,870
*FY2021 Assessment Rate =$.105
FY23124 FY24125
$ 2,913,272 $ 2,971,537
220,577 224,989
162,310 165,556
145,000 145,000
$ 3,441,159 $ 3,507,082
$ 3,441,159 $ 3,507,082
$ 506,144 $ 516,267
16,447 16,776
132,567 135,220
1,305,522 1,331,633
44,736 45,631
11,981 12,220
721,717 736,150
9,551 9,742
424,059 432,540
177,222 180,766
2,500 2,500
68,823 70,143
$ 3,421,269 $ 3,489,588
$ 19,890 $ 17,494
$ 19,890 $ 17,494
559,555 579,445
579,445 596,939
559,049 570,212
$ 20,396 $ 26,727
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/25/20 M&C FILE NUMBER: M&C 20-0570
LOG NAME: 13FMS PID01 FY21
SUBJECT
(CD 9)Conduct Public Benefit Hearing for Fort Worth Public Improvement District 1 -Downtown,Approve Fiscal Year 2021 Budget in the amount of
$3,223,907.00 and Five-Year Service Plan,Approve Tax Year 2020 Assessment Roll,Adopt Ordinance Levying Special Assessments for the 2020
Tax Year at a Rate of$0.105 Per Each$100.00 of Property Value,Authorize Execution of an Agreement with Downtown Fort Worth,Inc.,in the
Amount of$476,950.00 to Manage the PID,and Adopt Appropriation Ordinance
(PUBLIC HEARING-a.Report of City Staff:Anthony Rousseau;b.Public Comment;c.Council Action:Close Public Hearing and Act on 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 Fort Worth Public Improvement
District 1 -Downtown for the 2020 tax year;
2. Approve the attached Fiscal Year 2021 Budget in the amount of$3,223,907.00 and Five-Year Service Plan for Fort Worth Public Improvement
District 1 -Downtown;
3. Approve the Tax Year 2020 Assessment Roll for Fort Worth Public Improvement District 1 -Downtown,on file with the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in Fort Worth Public Improvement District 1 -Downtown for
the 2020 tax year at a rate of$0.105 per each$100.00 of property value;
5. Authorize the execution of an Agreement with Downtown Fort Worth,Inc.,in the amount of$476,950.00 to provide management and
improvement services for Fort Worth Public Improvement District 1 -Downtown during Fiscal Year 2021;and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the FWPID#1 -Downtown Fund in the
amount of$3,109,754.00 from available funds;and(2)increasing appropriations in the FWPID#1 -Downtown Fund in the amount of
$114,153.00 and reducing fund balance by the same amount.
DISCUSSION:
On June 23,2009,the Mayor and City Council adopted Resolution No.3756-06-2009 re-establishing Fort Worth Public Improvement District 1 -
Downtown(Downtown PID)
The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2021 Budget and Five-Year Service Plan for
the Downtown PID and the proposed assessments to be levied on each property in the Downtown PID for the 2020 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 2020 Assessment Roll;and(c)adopt the attached ordinances levying the proposed assessments and appropriating funds.
The improvements and services to be provided in the Downtown PID during the Fiscal Year 2021 and the costs thereof are as follows:
Fiscal Year 2021 Budget
Improvements Total Budgeted Cost
Management Fee $476,950.00
Utilities $15,500.00
Landscaping/Maintenance $125,000.00
Trash Removal $1,242,380.00
Holiday Light/Deco $30,000.00
Security $11,200.00
Ambassador Program $680,000.00
Communications/Newsletters 1 $9,000.00
Marketing&Research $399,600.00
Transportation&Planning $1671000.00
City Audit $2,500.00
City Administrative Fee $64,777.00
Total Expenses $3,223,907.00
The total budgeted costs of the improvements and services are$3,223,907.00. Of this amount,$2,616,166.00 will be funded by assessments
collected on privately owned parcels located in the Downtown PID by applying a rate of$0.105.The remainder of the costs in the amount of
$607,741.00 will be funded by other revenue sources including:(a)$207,855.00 in direct payments from the City for Payment In-Lieu of
Assessments, (b)$152,948.00 in direct payments from the City for Payment In-Lieu of Services,(c)$132,785.00 in revenues generated by
Downtown PID activities,and(d)$114,153.00 transferred from the unaudited, unassigned fund balance.
On August 18,2020,the City Council conducted a public hearing to receive comments on the proposed 2020-2021 Fiscal Year Budget,Five-Year
Service Plan,and 2020 Assessments for the Downtown PID. Notice of the August 18,2020,benefit hearing and this hearing were published in the
Fort Worth Star-Telegram and mailed to all owners of property on record in the Downtown PID on August 7,2020,in accordance with state
Iaw.The Downtown PID advisory board recommended approval of the budget.
The Downtown 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 2020-2021 Budget by the
City Council,funds will be available in the Fiscal Year 2021 operating budget,as appropriated,of the FWPID#1 -Downtown Fund. Prior to any
expenditure being incurred,the Financial Management Services Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Jay Chapa 5804
Originating Business Unit Head: Reginald Zeno 8517
Additional Information Contact: Crystal Hinojosa 7808