HomeMy WebLinkAboutOrdinance 24366-08-2020 ORDINANCE NO.24366-08-2020
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 14 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. 14(the"District"); and
WHEREAS,the District consists of an area of approximately 21.329 acres bounded by Samuels
Avenue, East Belknap Street, East Bluff Street, East Peach Street,Gounah Street,and North Harding Street;
and
WHEREAS,the Improvements to be provided in Fiscal Year 2020-2021 and their estimated costs are
as follows:
EXPENSES
Management Fee $12,000.00
Utilities $750.00.00
Landscaping $30,000.00
Litter Abatement $3,600.00
Marketing $1,000.00
Holiday Lighting $500.00
Ambassador Program $23,360.00
City Audit/Annual Review $2,500.00
City Administrative Fee $2,000.00
Budgeted Expenses $75,710.00
The total budgeted costs of the Improvements are $75,710.00. Of this amount, $73,058.00 will be funded by
assessments collected on property subject to assessment in the District and the remaining amount of$2,653.00
will be transferred from the unaudited, unassigned fund balance through action of City Council on August 25,
2020; and
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0.10 for 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
Ordinance No.24366-08-2020
Page 1 of 4
hearing conducted by the City Council on August 18, 2020 (M&C 13FMS PID14FY21 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
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; 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: $0.10 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 Improvement District Assessment Act), together with reasonable attorney's fees and cost of
Ordinance No.24366-08-2020
Page 2 of 4
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 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.24366-08-2020
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:
T e YVGiLG '/I, au"^/��T
Tr Wallach(Aug27,202017:05 CDT) VV((//
Tyler F. Wallach,Assistant City Attorney Mary J.Kayser,City Secretary
M&C: 20-0575 WOR
Adopted and Effective: August 25,2020
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Ordinance No.24366-08-2020
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City of Fort worth
Five Year Service Plan
Public Improvement District No.14-Trinity Bluff
FY20/21 FY21/22 FY22/23 FY23/24 FY24/25
REVENUES
PID Assessments` $ 73,057 $ 74,508 $ 97,514 $ 99,454 $ 101,443
Use of Fund Balance 2,653 2,616 2,500 734 -
Total Funds Available for Use $ 75,710 $ 77,124 $ 100,014 $ 100,188 $ 101,443
EXPENSES
Management Fee $ 12,000 $ 12,000 $ 12,000 $ 12,000 $ 12,000
Utilities 750 750 750 750 750
Landscaping 30,000 31,414 30,944 31,118 32,344
Litter Abatement 3,600 3,600 3,600 3,600 3,600
Ambassador Program 23,360 23,360 46,720 46,720 46,720
Marketing 1,000 1,000 1,000 1,000 1,000
Holiday Lighting 500 500 500 500 500
City Audit 2,500 2,500 2,500 2,500 2,500
City Administrative Fee 2,000 2,000 2,000 2,000 2,029
Total Budgeted Expenses $ 75,710 $ 77,124 $ 100,014 $ 100,188 $ 101,443
Net Change in Fund Balance $ (2,653) $ (2,616) $ (2,500) $ (734) $ -
Estimated Fund Balance,Beginning of Year 25,207 22,554 19,938 17,438 16,704
Estimated Fund Balance,End of Year 22,554 19,938 17,438 16,704 16,704
Reserve Requirement 12,228 12,618 12,854 16,669 16,698
Over(Under)Reserve $ 10,326 $ 7,320 $ 4,584 $ 35 $ 6
•FY2021 Assessment Rate=$.10
City of Fort Worth
Five Year Service Plan
Public Improvement District No.6-Fort Worth
FY20/21 FY21/22 FY22/23 FY23/24 FY24/25
REVENUES
PID Assessments $1,614,679 $1,646,969 $1,679,908 $1,713,508 $1,747,778
COFW Payment in lieu of Services 199,556 199,556 199,556 199,556 199,556
Budget Revenues $1,814,235 $1,846,525 $1,879,464 $1,913,064 $1,947,334
Use of Fund Balance
Total Revenues $1,814,235 $1,846,525 $1,879,464 $1,913,064 $1,947,334
EXPENSES
Management Fee 129,924 132,522 135,172 137,875 140,633
Utilities 158,000 159,000 160,000 161,000 162,000
Landscaping 845,133 750,000 850,000 774,285 785,000
Common Area Maintenance 213,295 151,494 260,000 270,900 281,927
Holiday Decoration 23,000 23,000 23,000 23,000 30,000
Security Enhancements 206,100 207,000 208,000 209,000 210,000
Communications 14,000 14,000 14,000 14,000 14,000
Public Events 34,000 34,000 36,000 36,000 36,000
Capital Improvements 106,000 290,000 107,043 200,000 200,000
Insurance 36,398 36,398 36,398 36,398 36,398
Annual Review 12,100 12,100 12,100 12,100 12,100
City Administrative Fee 36,285 37,011 37,751 38,506 39,276
Budget Expenses 1,814,235 1,846,525 1,879,464 1,913,064 1,947,334
Contribution to Fund Balance - - - - -
Total Expenses $1,814,235 $1,846,525 $1,879,464 $1,913,064 $1,947,334
*Projected FY2021 Required reserve balance:$308,244
**$155 Residential/$.035 Commercial
F®RTWORTH® TrinityBluff Public Improvement District
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Prepared on:Au ust 19 2014
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COPYRIGHT 2014 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 PRESENTS
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,Texas
Mayor and Council Communication
DATE: 08/25/20 M&C FILE NUMBER: M&C 20-0575
LOG NAME: 13FMS PID14FY21
SUBJECT
(CD 9)Conduct Public Benefit Hearing for Forth Worth Public Improvement District 14-Trinity Bluff,Approve Fiscal Year 2020-2021 Budget in the
Amount of$75,710.00 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$0.10 Per Each$100.00 of Property Value,Authorize Execution of Agreement with Downtown Fort Worth,Inc.,in
the Amount of$12,000.00 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 14-Trinity Bluff for the 2020 tax year;
2. Approve the attached Fiscal Year 2020-2021 Budget in the amount of$75,710.00 and Five-Year Service Plan for Fort Worth Public
Improvement District 14-Trinity Bluff;
3. Approve the Tax Year 2020 Assessment Roll for Fort Worth Public Improvement District 14-Trinity Bluff,on file with the City Secretary;
4. Adopt the attached ordinance levying special assessments on the property located in Fort Worth Public Improvement District 14-Trinity Bluff
for the 2020 tax year at a rate of$0.10 per each$100.00 of property value;
5. Authorize the execution of an Agreement with Downtown Fort Worth, Inc.,in the amount of$12,000.00 to provide management of the
improvements and services for Fort Worth Public Improvement District 14-Trinity Bluff during Fiscal Year 2020-2021;and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the FWPID#14-Trinity Bluff Fund(1)in the
amount of$73,057.00 from available funds,and(2)in the amount of$2,653.00 by decreasing available fund balance by the same amount.
DISCUSSION:
On June 16,2009,the Mayor and City Council adopted Resolution No.3748-06-2009 establishing the Fort Worth Public Improvement District 14-
Trinity Bluff(Trinity Bluff 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 Trinity Bluff PID and the proposed assessments to be levied on each property in the Trinity Bluff 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 Trinity Bluff PID and the costs thereof are as follows:
Fiscal Year 2021 Budget
Improvements Total Budgeted Cost
Management Fee $12,000.00
Utilities $750.00
Landscaping $30,000.00
Litter Abatement $3,600.00
Ambassador Program $23,360.00
Marketing $1,000.00
Holiday Lighting 500.00
City Audit $2,500.00
City Administrative Fee $2,000.00
Total Expenses $75,710. 00
The total budgeted costs of the improvements and services are in the amount of$75,710.00.Of this amount$73,057.00 will be funded by
assessments collected on privately owned parcels located in the Trinity Bluff PID by applying a rate of$0.10 per each$100.00 of property
value.The remainder of the costs in the amount of$2,653.00.00 will be transferred from the unaudited,unassigned fund balance.The assessment
rate is the same as last year.
On August 18,2020,the City Council conducted a public hearing to receive comments on the proposed Fiscal Year 2020-2021 Budget, Five-Year
Service Plan,and assessments for the Trinity Bluff 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 Trinity Bluff PID on August 7,2020,in accordance with state law.
The Trinity Bluff 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#14-Trinity Bluff Fund. Prior to any
expenditure being incurred,the Financial Management Services Department has the responsibility to validate the availability of funds.
Submitted for CitvManager's Office by: Jay Chapa 5804
Originating Business Unit Head: Reginald Zeno 8517
Additional Information Contact: Crystal Hinojosa 7808