HomeMy WebLinkAboutOrdinance 24360-08-2020 ORDINANCE NO.24360-08-2020
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 7 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. 7(the "District"); and
WHEREAS, the boundaries of the District are Wall-Price Keller Road and Alta Road on the north;
Shiver Road to North Beach Street passing through the Park Green Belt on the south; Park Vista Boulevard at
Shiver Road to Wall-Price Keller Road on the east; and North Riverside Drive on the west; and
WHEREAS,the Improvements to be provided in Fiscal Year 2020-2021 and their estimated costs are
as follows:
EXPENSES
Management Fee $127,928.00
Utilities $300,500.00
Landscape/Tree Maintenance $1,I20,000.00
Common Area Maintenance $387,000.00
Holiday Lighting $32,500.00
Security Enhancements $78,500.00
Advertising $2,400.00
Public Events $160,000.00
Capital Improvements $200,000.00
Insurance $12,675.00
City Audit/Annual Review $10,000.00
City Administration Fee $39,862.00
Budgeted Expenses $2,471,365.00
The total budgeted costs of the Improvements are$2,471,365.00. Of this amount,$1,802,016.00 will 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:
• $191,096.00 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 25,2020;
• $478,218.00 transferred from the unaudited, unassigned fund balance; and
Ordinance No.24360-08-2020
Page 1 of 4
• $35.00 in revenue generated from the District.
WHEREAS,it is proposed that property in the District be assessed the rates of$0.17 per each$100 of
property value for residential property, and$0.11 per each$100 of property value for commercial property, 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 PID7FY21 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
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 in the Star-Telegram
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 1,2020,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
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: $0.17 per each$100 of value for residential property and $0.11 per each$100 of
value for commercial property.
Ordinance No.24360-08-2020
Page 2 of 4
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 suns 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 such any such
allowance does not result in any inequity and/or unjust discrimination.
Ordinance No.24360-08-2020
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:
,yvier waiidch (YIKU
Tyler Wallach(Aug 27,202D 17:02 CDT)
Tyler F. Wallach,Assistant City Attorney Mary J. Kayser,City Secretary
M&C: 20-0572
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Adopted and Effective: August 25, 2020 Al
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Ordinance No.24360-08-2020
Page 4 of 4
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2 FORT WORTH®
f. P I D 7: Heritage Source:Planning and Data Analytics
q` Date:July 2020
• ®Copyright 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 1,250 2,500 5,000 Feet
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City of Fort Worth
Five Year Service Plan
Public Improvement District No.7-Heritage
FY20/21 FY21/22 FY22/23 FY23/24 FY24/25
REVENUES
PID Assessments $ 1,802,016 $ 1,838,056 $ 1,874,817 $ 1,912,313 $ 1,950,559
COFW Payment in lieu of Services 191,096 191,096 191,096 191,096 191,096
PID Generated Revenue 35
Total Budgeted Revenues $1,993,147 $2,029,152 $2,065,913 $2,103,409 $ 2,141,655
Use of Fund Balance 478,218 369,636 -
Total Funds Available for Use $2,471,365 $2,398,788 $2,065,913 $2,103,409 $ 2,141,655
EXPENSES
Management Fee $ 127,928 $ 130,487 $ 133,096 $ 135,758 $ 138,473
Utilities 300,500 235,110 239,812 244,608 249,501
Landscaping/Tree Maintenance 1,120,000 1,094,929 850,000 900,000 1,000,000
Common Area Maintenance 387,000 392,805 300,000 275,000 250,000
Holiday Lighting 32,500 33,150 33,813 34,103 35,178
Security Enhancements 78,500 80,070 81,671 83,305 84,971
Advertising 2,400 2,448 2,497 2,547 2,598
Public Events 160,000 162,400 164,836 150,329 152,584
Capital Improvements 200,000 204,000 195,683 212,240 161,797
Insurance 12,675 12,929 13,187 13,451 13,720
Annual Review 10,000 10,000 10,000 10,000 10,000
City Administrative Fee 39,862 40,460 41,318 42,068 42,833
Total Budgeted Expenses $2,471,365 $2,398,788 $2,065,913 $2,103,409 $ 2,141,655
Net Change in Fund Balance $ (478,218) $ (369,636) $ - $ $ -
Estimated Fund Balance,Beginning of Year 1,259,748 781,530 411,894 411,894 411,894
Estimated Fund Balance,End of Year 781,530 411,894 411,894 411,894 411,894
Reserve Requirement 353,373 411,894 399,798 344,319 350,568
Over(Under)Reserve $ 428,157 $ - $ 12,096 $ 67,575 $ 61,326
•FY2021 Assessment Rate=$.170 Residential/$.110 Commercial
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 08/25/20 M&C FILE NUMBER: M&C 20-0572
LOG NAME: 13FMS PID07FY21
SUBJECT
(CD 4 and CD 7)Conduct Public Benefit Hearing for Fort Worth Public Improvement District 7-Heritage,Approve Fiscal Year 2020-2021 Budget
in the Amount of$2,471,365.00 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$0.17 Per Each$100.00 of Residential Property Value and$0.11 Per Each$100 of Commercial
Property Value,Authorize Execution of Agreement with FirstService Residential Texas PID,LLC,in the Amount of$127,928.00 to Manage Fort
Worth Public Improvement District 7-Heritage,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 MSC)
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 7-Heritage for the 2020 tax year;
2. Approve the attached Fiscal Year 2020-2021 Budget in the amount of$2,471,365.00 and Five-Year Service Plan for Fort Worth Public
Improvement District 7-Heritage;
3. Approve the Tax Year 2020 Assessment Roll for Fort Worth Public Improvement District 7-Heritage,on file with the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in the Fort Worth Public Improvement District 7-Heritage
for the 2020 tax year at the rates of$0.17 per each$100.00 of residential property value and$0.11 per each$100.00 of commercial
property value;
5. Authorize the execution of an Agreement with FirstService Residential Texas PID,LLC,in the amount of$127,928.00 to provide
management of the improvements and services for Fort Worth Public Improvement District 7-Heritage during Fiscal Year 2020-2021;and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the FWPID#7-Heritage Fund in the
amount of$1,993,147.00,from available funds;and(2)increasing appropriations in the FWPID#7-Heritage Fund in the amount of
$478,218.00 and reducing fund balance by the same amount.
DISCUSSION:
On September 26,2000,the City Council adopted Resolution No.2675 establishing Fort Worth Public Improvement District No.7-Heritage
(Heritage PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2020-2021 Fiscal Year Budget and Five-Year Service
Plan for the Heritage PID and the proposed assessments to be levied on each property in the Heritage 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 Heritage PID during the Fiscal Year 2020-2021 and the costs thereof are as follows:
Fiscal Year 2021 Budget
Improvements Total Budgeted Cost
Management Fee $127,928.00
Utilities $300,500.00
Landscaping/Tree Maintenance $1,120,000.00
Common Area Maintenance $387,000.00
Holiday Lighting $32,500.00
Security Enhancements $78,500.00
Advertising $2,400.00
Public Events 1 $160,000.00
Capital Improvements $200,000.05
Insurance $12,675.00
Annual Review _ $10,000.00
City Administrative Fee $39,862.06
Fiscal Year 2021 Budget
Improvements Total Budgeted Cost
Total Expenses $2,471,365.001
The total budgeted costs of the improvements are in the amount of$2,471,365.00.Of this amount,$1,802,016.00 will be funded by assessments
collected on privately owned parcels located in the Heritage PID by applying a rate of$0.17 per each$100.00 of properly value for residential
properly and$0.11 per each$100.00 of properly value for commercial properly.The assessment rates are the same as last year. The remainder
of the costs in the amount of$669,349.00 will be funded by other revenue sources including:(a)$191,096.00 in direct payments from the City for
Payment In-Lieu of Services(b)$478,218.00 transferred from the unaudited,unassigned fund balance,and(c)$35.00 in Heritage PID revenues.
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 Heritage 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 properly on record in the Heritage PID on August 7,2020,in accordance with state law.
The Heritage PID is located in COUNCIL DISTRICTS 4&7.
FISCAL INFORMATION 1 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#7-Heritage 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