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Home My WebLink AboutOrdinance 24364-08-2020 ORDINANCE NO. 24364-08-2020 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 12 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. 12(the"District");and WHEREAS,the boundaries of the District are along the major streets of West Bonds Ranch Road on the North, Business Highway 287 North on the East, the extended Boat Club Road on the West and the City limits on the South; and WHEREAS,the Improvements to be provided in Fiscal Year 2020-2021 and their estimated costs are as follows: EXPENSES Management Fee $13,000.00 Utilities $ 17,000.00 Audit/Annual Review $2,500.00 Landscaping $28,143.00 Common Area Maintenance $4,250.00 Communications $1,050.00 Insurance $3,708.00 City Administrative Fee $2,000.00 Contribution to Fund Balance $7,800.00 Budgeted Expenses $ 79,451.00 The total budgeted costs of the Improvements are$79,451.00. The entire amount 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 $0.18 per each $100 of 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 PID12FY21 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 Ordinance No.24364-08-2020 Page l of 4 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 1,2020,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: $0.18 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 Improvements 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 Ordinance No.24364-08-2020 Page 2 of 4 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. 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. Ordinance No.24364-08-2020 Page 3 of 4 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: TeG�WaI.GaG�I �� Ty er Wallach Aug 27,202017:OS CDTj Tyler F. Wallach,Assistant City Attorney Mary J.Kayser,City Secretary M&C: 20-0574 Adopted and Effective: August 25, 2020 �ORT � ,w0 Ordinance No.24364-08-2020 Page 4 of 4 (� \� Chapel Hill --------------- I I I {I 4 I I I 2 FORT WORTH C {I� ., . 9 • • P I D 12: Chapel Hill Date:July ics Planning 2020 and Data Anal • ®Copyright 2020 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is for informational purposes and may 6 t 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 — N City of Fort Worth Five Year Service Plan Public Improvement District No.12-Chapel Hill FY20/21 FY21/22 FY22/23 FY23/24 FY24/25 REVENUES PID Assessments $ 79,451 $ 81,040 $ 82,661 $ 84,314 $ 86,000 EXPENSES Management Fee $ 13,000 $ 13,260 $ 13,525 $ 13,796 $ 14,072 City Administrative Fee 2,000 2,000 2,000 2,000 2,000 Utilities 17,000 17,000 18,000 19,000 19,000 Landscaping 28,143 34,942 32,000 32,000 30,135 Common Area Maintenance 4,250 6,160 6,000 6,000 5,000 Communications 1,050 1,100 1,000 1,000 1,000 AudiUAnnual Review 2,500 2,500 2,500 2,500 2,500 Insurance 3,708 4,078 4,485 4,933 5,426 Capital Improvements - - 3,151 3,085 6,867 Total Budgeted Expenses $ 71,651 $ 81,040 $ 82,661 $ 84,314 $ 86,000 Contribution to Fund Balance 7,800 - - - - Net Change in Fund Balance $ 7,800 $ - $ - $ $ Estimated Fund Balance,Beginning of Year 6,958 14,758 14,758 14,758 14,758 Estimated Fund Balance,End of Year 14,758 14,758 14,758 14,758 14,758 Reserve Requirement 14,758 11,942 13,507 13,777 14,052 Over(Under)Reserve $ - $ 2,816 $ 1,251 $ 981 $ 706 'FY2021 Assessment Rate=$.18 City of Fort Worth,Texas Mayor and Council Communication DATE: 08/25/20 M&C FILE NUMBER: M&C 20-0574 LOG NAME: 13FMS PID12FY21 SUBJECT (CD 7)Conduct Public Benefit Hearing for Fort Worth Public Improvement District 12-Chapel Hill,Approve Fiscal Year 2020-2021 Budget in the Amount of$79,451.00 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$0.18 Per Each$100.00 of Property Value,Authorize Execution of Agreement with FirstService Residential Texas PID, LLC.in the Amount of$13,000.00 to Manage the District,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 12-Chapel Hill for the 2020 tax year; 2. Approve the attached Fiscal Year 2020-2021 budget in the amount of$79,451.00 and Five-Year Service Plan for Fort Worth Public Improvement District 12-Chapel Hill; 3. Approve the Tax Year 2020 Assessment Roll for the Fort Worth Public Improvement District 12-Chapel Hill,on file with the City Secretary; 4. Adopt the attached ordinance levying special assessments on the property located in Fort Worth Public Improvement District 12-Chapel Hill for the 2020 tax year at a rate of$0.18 per each$100.00 of property value; 5. Authorize the execution of an Agreement with FirstService Residential Texas PID, LLC,in the amount of$13,000.00 to provide management of the improvements and services for the Fort Worth Public Improvement District 12-Chapel Hill during Fiscal Year 2020-2021;and 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the FWPID#12-Chapel Hill Fund in the amount of$79,451.00 from available funds. DISCUSSION: On March 23,2004,the City Council adopted Resolution No.3060 establishing Fort Worth Public Improvement District 12-Chapel Hill(Chapel Hill PID). The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2020-2021 Budget and Five-Year Service Plan for the Chapel Hill PID and the proposed assessments to be levied on each property in the Chapel Hill 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 Chapel PID and the costs thereof are as follows: Fiscal Year 2021 Budget _ Improvements Total Budgeted Cost Management Fee $13,000.00� City Administrative Fee $2,000.00� Utilities $17,000.00 Landscaping__ $28,143.00 Common Area Maintenance �j _ $4,250.00 Communications _ _4 $1,050.00 Audit/Annual Review $2,500.00 Insurance $3,708.00 Contribution to Fund Balance T$7,800.00 Total Expenses $79,451.00l The total budgeted costs of the improvements are in the amount of$79,451.00. The entire amount will be funded by assessments collected on privately owned parcels located in the Chapel Hill PID by applying a rate of$0.18 per each$100.00 of property value.This is the same assessment rate as last year. 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 Chapel Hill 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 Chapel Hill PID on August 7,2020, in accordance with state law. The Chapel Hill PID is located in COUNCIL DISTRICT 7. 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#12-Chapel Hill 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