HomeMy WebLinkAboutOrdinance 24372-08-2020 ORDINANCE NO.24372-08-2020
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 19 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 Fort Worth Public Improvement
District No. 19 (the"District"); and
WHEREAS,the District consists of approximately 238.76 acres of land generally consisting of. all
commercial land use areas along the Camp Bowie Blvd. corridor from Montgomery (on the east)to Irene(on
the west); all commercial land use areas along W. 7"' Street from University to Montgomery;and
WHEREAS,the Improvements to be provided in Fiscal Year 2020-2021 and their estimated costs are
as follows:
EXPENSES
Management Fee $93,962.00
Beautification $10,905.00
Green Ribbon Funding $15,000.00
Beautification — Utilities $20,000.00
Beautification - Maintenance $88,086.00
Litter Abatement $79,800.00
Security $24,960.00
Economic Development $122,100.00
Marketing and Promotion $28,828.00
Communication $24,000.00
Insurance $7,035.00
Audit $6,000.00
Annual Review/City Audit $2,625.00
City Administration $9,396.00
Budget Expenses $ 532,697.00
The total budgeted costs of the Improvements are $532,697.00. Of this amount, $452,020.00 will be funded by
assessments collected on privately owned parcels located in the District. The remainder of the costs will be
funded as follows:
• $17,791.00 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;and
• $62,886.00 to be transferred from the unaudited, unassigned fund balance.
Ordinance No.24372-08-2020
Page 1 of 4
WHEREAS, it is proposed that commercial property subject to assessment in the District be assessed
at a rate of$0.10 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 PID19FY21 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; 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 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 for commercial property subject to assessment in the
District.
Ordinance No.24372-08-2020
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 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 such any such
allowance does not result in any inequity or unjust discrimination.
Ordinance No.24372-08-2020
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:
�v c%(iiA2h
Tyler Wallach(Aug 27,202017:17 CDT)
Tyler F. Wallach,Assistant City Attorney Mary J. Kayser,City Secretary
M&C: 20-0578 Adopted and Effective: August 25,2020 (2)
Ordinance No.24372-08-2020
Page 4 of 4
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City of Fort Worth
Five Year Service Plan-FY 2020/2021 FINAL
Public Improvement District No.19-Historic Camp Bowie
FYE 20121 FYE 21122 FYE 22123 FYE 23124 FYE 24125
REVENUES
PIDAssessments $ 452,020 $ 470,101 $ 488,905 $ 508,461 $ 528,799
COFW Payment in lieu of Services 17,791 17,791 17,791 17,791 17,791
Total Budgeted Revenues $ 469,811 $ 487,892 $ 506,696 $ 526,252 $ 546,590
Use of Funds Balance 62,886 - - - -
Total Funds Available for Use $ 532,697 $ 487,892 $ 506,696 $ 526,252 $ 546,590
EXPENSES
Management Fee $ 93,962 $ 94,020 $ 97,781 $ 101,692 $ 105,760
Beautification(Currently Undesignated) 10,905 70,760 85,211 72,944 76,201
Green Ribbon Funding 15,000 - - - -
Beautification-Utilities 20,000 20,000 20,000 20,000 20,000
Beautification-Maintenance 88,086 110,740 108,648 126,304 126,842
Litter Abatement 79,800 82,194 86,304 90,620 96,963
Security 24,960 26,208 27,518 28,894 30,338
Economic Development 122,100 4,925 - - -
Marketing&Promotion 28,828 28,000 28,000 30,000 32,000
Communication 24,000 25,200 26,460 27,783 29,172
Insurance 7,035 7,387 7,756 8,144 8,551
Audit 6,000 6,300 6,615 6,946 7,293
City Administrative Fee 9,396 9,402 9,778 10,169 10,576
City Administrative Audit 2,625 2,756 2,625 2,756 2,894
Total Budgeted Expenses $ 532,697 $ 487,892 $ 506,696 $ 526,252 $ 546,590
Net Change in Fund Balance $ (62,886) $ - $ - # $ - $ -
Estimated Fund Balance,Beginning of Year 161,736 98,850 98,850 # 98,850 98,850
Estimated Fund Balance,End of Year 98,850 98,850 98,850 # 98,850 98,850
Reserve Requirement 98,850 88,783 81,315 84,449 87,709
Over(Under)Reserve $ - $ 10,067 $ 17,535 # $ 14,401 $ 11,141
`FY2021 Assessment Rate=$.10
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/25/20 M&C FILE NUMBER: M&C 20-0578
LOG NAME: 13FMS PID19FY21
SUBJECT
(CD 3 and CD 7)Conduct Public Benefit Hearing for Fort Worth Public Improvement District 19-Historic Camp Bowie,Approve Fiscal Year
2020-2021 Budget in the Amount of$532,697.00 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 for Commercial Property,Authorize Execution
of an Agreement with Camp Bowie District, Inc.,in the Amount of$93,962.00 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 19-Historic Camp Bowie for the 2020 tax year;
2. Approve the attached Fiscal Year 2020-2021 Budget in the amount of$532,697.00 and Five-Year Service Plan for Fort Worth Public
Improvement District 19-Historic Camp Bowie;
3. Approve the Tax Year 2020 Assessment Roll for Fort Worth Public Improvement District 19-Historic Camp Bowie,on file with the City
Secretary;
4. Adopt the attached ordinance levying special assessments on the commercial property located in Fort Worth Public Improvement District 19
-Historic Camp Bowie 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 Camp Bowie District,Inc.,in the amount of$93,962.00 to provide management of the
improvements and services for Fort Worth Public Improvement District 19-Historic Camp Bowie during Fiscal Year 2020-2021;and
6. Adopt the attached appropriation ordinance(1)increasing estimated receipts and appropriations in the FWPID#19-Hist Camp Bowie
Fund in the amount of$469,811.00 from available funds;and(2)increasing appropriations in the FWPID#19-Hist Camp Bowie Fund in the
amount of$62,886.00 and reducing fund balance by the same amount.
DISCUSSION:
On August 14,2018,the City Council adopted Resolution No.4966-08-2018,establishing the Fort Worth Public Improvement District 19-Historic
Camp Bowie(Historic Camp Bowie 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 Historic Camp Bowie PID and the proposed assessments to be levied on each commercial property in the Historic Camp Bowie 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 Historic Camp Bowie PID during the Fiscal Year 2020-2021 and the costs thereof are as
follows:
FY2020-2021 Budget Total Budgeted Cost
Management Fee $93,962
Beautification $10,905'
Green Ribbon Funding $15,000
Beautification-Utilities $20,000
Beautification-Maintenance _ $88,086
Litter Abatement 11 $79,800
Security $24,960
Economic Development $122,100
Marketing&Promotion $28,828
Communication 1 $24,000
Insurance $7,035
Audit $6,000
City Annual Review $2,625
FY2020-2021 Budget Total Budgeted Cost
City Administrative Fee $9,396�
Total Expenses IF $532,697
The total budgeted costs of the improvements and services are in the amount of$532,697.00.Of this amount,$452,020.00,will be funded by
assessments collected on privately owned parcels located in the Historic Camp Bowie PID by applying a rate of$0.10 per each$100.00 of
property value.The remainder of the costs in the amount of$80,677.00 will be funded by other revenue sources including:(a)$17,791.00 in direct
payments from the City for Payment In-Lieu of Services,and(b)$62,886.00 transferred from the unaudited,unassigned fund balance.The
2020 assessment rate is the same as the prior 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 Historic Camp Bowie PID(M&C 13FMS PID19FY21 BENEFIT). 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 Historic
Camp Bowie PID on August 7,2020,in accordance with state law.
The Historic Camp Bowie PID is located in COUNCIL DISTRICTS 3&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#19-Hist Camp Bowie 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