Loading...
HomeMy WebLinkAboutOrdinance 24374-08-2020-' ,, ORDINANCE NO. 24374-08-2020 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 RIGQ.1; . TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESP4 C~, ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; AND NM~~~iNi AN EFFECTIVE DA TE. f \~ \1i11 •. . . . ~··t···,· . ,Ji . WHEREAS, the City Counctl of the City of Fort Worth , T exas , has he r . for~'9 1r · led that certam improvements and /or services (the "Improvements ") s hall be provided in 6''3"1 \l · tfr. P~blic Improvement Distr ict No . 19 (the "Di strict"); and ,, \ il• 11 " 1 WHEREAS, the District consists of approximately 238.76 agtij~lij f l<!pH 'g ~~!rally con s istin g of: all comme rcial land use areas along the Camp Bowie Blvd. corridor fro n\i Mo \tgqmery ( on the east) to Irene ( on th e we st); all commercial land use areas along W. 71 " Street fro '1~,ers ii ,\fl1M ontgomery; and WHEREAS, the Improvements to be provided in Fisca l Yeall ~~0-2021 and their e stimated costs are a s follows : (1'llJ i' I ltl I lt EXPENSES fll i Management. Fee.1., 1 .. 1ut1111,,.. 1 $93 ,962 .00 Beautification A\\h I $10 ,905 .00 Gre e n Ribb ~J1 1~unt1I J1J? ,I J $15 ,000.00 Beauti fi catta ~n ,)•ut p1!f les $20 ,000 .00 Beautificatio f~ M,j1J;ntenance $88 ,086.00 Li tteJ ,m,bateme ~t •' $79 ,800.00 Securi t 9 11 ), $24 ,960.00 E,all om i cll lj)et e I opm ent $122 ,100.00 M ~,~~t~· i\c£j 'and Promotion $28 ,828 .00 o, C ,, !t . $ / · 01 mu · 1cat1on 24 ,000 .00 A,1. )tn s u~a'nce $7 ,035.00 11fllf.1, 11ft A ~~ it $6 ,000.00 ,,tftt I 1\~nnual Review /City Audit $2 ,625 .00 /1•· ltfi City Administration $9 ,396.00 A:, ;)i, lJ1,' Budget Expenses $ 532,697.00 lll t ' '1t;lt } ' ,,1!fie tal bu -,~ted co sts of the Improvements are $532,697.00. Of this amount, $452 ,020.00 will be funded by aYtfi~ rU~ collected on privatel y owned parcels located in the District. The remainder of the costs will be fun'cl~~,9-5 follows: ' • $17 ,791.00 in a direct payment from the City for payment in lieu of services, which wa s 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 . 24374-08-2020 Pa ge 1 o f 4 WHEREAS, it is proposed that commercial property subject to assessment in the District be assessed at a rate of $0 .10 per each $ I 00 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 previous ly presented in a public hearing conducted by the City Council on August 18 , 2020 (M&C 13FMS PID19FY2l BENEFIT) and the as sessment 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 ofFort Worth , Texas (the "Public Hearing"), notice of which was published and mailed to all record owners of property in the Di strict, 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 s ubstantial justice and equality and uniformity between all parties concerned , considering the benefits received and burdens impo sed. The City Council further finds that in each case the property as sessed 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 s hall 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. IO per each $100 of value for commercial property subject to assessment in the District. Ordinance No . 24374-08-2020 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 s uch property in proportion to it s, 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 prope11y 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 I , 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 . 24374-08-2020 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 reasse ssment, it s hall be sufficient to allege the substance of the provi s ion 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 reasses s ment 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 judg ment shall in no way impair the remaining portion s, sections, or parts of sections of this Ordinance, which shall remain in full force and effect. SECTION 12. This Ordinance s hall be cumulative of all other ordinances and appropriations amending the same except in those instances where the provision s of this Ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provision s of said prior ordinances and a ppropriations are hereby expressly repea led. SECTION 13. This Ordinance s hall 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: [Yler wa l!qc;h Tyler Wallach (Aug 27, 202017:17 CDT) Tyler F. Wallach , As s istant City Attorney M&C: 20-0579 Adopted and Effective: August 25, 2020 ATTEST: Mary J. Kayser, City Secretary Ordinance No. 24374-08-2020 Page 4 of4 REVENUES PIO Assessments EXPENSES Management Fee City Administrative Fee Security Insurance Community Marketing/Events Audil/Annual Review Communications Total Budgeted Expe ns es Contribution to Fund Balance Net Cha nge in Fu nd Ba lance Estimated Fund Ba lance, Beginning of Year Estimated Fund Balance, End of Yea r Reserve Requi rement Over (Under) Res erv e *FY2021 Ass essment Ra te = $.266 City of Fo rt Worth F ive Year Se rvice Plan Publi c Im provement Di strict No . 20 -East Lancaste r FY20121 FY21/22 FY22/23 $ 256,457 $ 264 ,151 $ 272 ,076 $ 17,800 $ 18 ,156 $ 18,519 5 ,129 5 ,283 5,442 219 ,528 218 ,091 232 ,126 6 ,000 6 ,600 7,260 3,000 3 ,500 3,700 2 ,500 2 ,500 2 ,500 2 ,500 2 ,500 2 ,500 $ 256 ,4 57 $ 2 56 ,630 $ 272 ,047 7 ,521 29 $ $ 7 ,521 $ 29 35 ,222 35 ,222 42,743 35 ,222 42 ,743 42,772 35 ,222 42 ,743 42,772 $ $ $ FY23/24 FY2 4 /25 $ 280 ,238 $ 288 ,645 $ 18 ,890 $ 19,267 5 ,605 5,773 236,387 244,884 7,986 8 ,784 3,800 4,000 2 ,500 2 ,500 2 ,500 2 ,500 $ 277 ,668 $ 287 ,708 2 ,570 937 $ 2,570 $ 937 42,772 45,342 45,342 46,279 45,341 46,278 $ $ -, l.U a V) a:: l.U > a:: -1 Ha I t o m C f tt -Et-L-tefrRfft}f-R--' _____________ J z :r: CRENSHAW l:) => <t > . WILBARGER Pl D 20: East Lancaster 'Z. 0 0 0 0--9 ~L£>0CA RATON ,s../<,t-<'%, ~ <s o BRIDGE BRENTWOOD STAIR a a:: <t _, _, a fORTWORTH . So urce : Planning and Data Ana ly~ Da t e: Ju ly 2020 ©Copyr ight 2020 City of Fort W orth. Un aut horized reproduction is a vio lation of ap pli cab le laws . Th is product is for inform at iona l purposes and may not have been prepared for or be suit ab le for lega l, engin eeri ng, or survey ing purpo ses. It does not repre sen t an on -th e-ground survey and rep resent s on lz approx im a~e re lat ive locati;n,;;;perty bo un ;~~~~he City of Fo rt Worth ass um es ~~:~~~i;:~:r the accuracy of sai d da ta. N .. City of Fort Worth, Texas Mayor and Council Communication DATE: 08/25/20 LOG NAME: 13FMS PID20FY21 SUBJECT M&C FILE NUMBER: M&C 20-0579 (CD 5 and CD 8) Conduct Public Benefit Hearing for Fort Worth Public Improvement District 20 -East Lancaster Avenue , Approve Fiscal Year 2020-2021 Budget in the Amount of $256 ,457 .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 .266 Per Each $100 .00 of Property Value , Authorize Execution of an Agreement with FirstService Residential Texas PIO , LLC., in the Amount of $17 ,800.00 to Manage the Fort Worth Public Improvement District 20 -East Lancaster Avenue , and Adopt Appropriat ion 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 20 -East Lancaster Avenue for the 2020 tax year; 2 . Approve the attached Fiscal Year 2020-2021 Budget in the amount of $256 ,457 .00 and Five-Year Service Plan for Fort Worth Public Improvement District 20 -East Lancaster Avenue ; 3 . Approve the Tax Year 2020 Assessment Roll for Fort Worth Public Improvement District 20 -East Lancaster Avenue , on file with the City Secretary ; 4 . Adopt the attached ordinance levying special assessments on the property located in Fort Worth Publ ic Improvement District 20 -East Lancaster Avenue fo r the 2020 tax year at a rate of $0 .266 per each $100.00 of property value ; 5 . Authorize the execution of an Agreement with FirstService Residential Texas PID, LLC ., in the amount of $17 ,800 .00 to provide management of the improvements and services for Fort Worth Public Improvement District 20 -East Lancaster Avenue during Fiscal Year 2020-2021 ; and 6 . Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the FWPID #20 -East Lancaster Ave Fund in the amount of $256 ,457 .00 from available funds . DISCUSSION: On February 12 , 2019 , the City Council adopted Resolution No. 5052-02-2019 , establishing FortWorth Public Improvement District 20-East Lancaster Avenue (East Lancaster Avenue 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 East Lancaster Avenue PID and the proposed assessments to be levied on each property in the East Lancaster Avenue 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 East Lancaster Avenue PID during the 2020-2021 Fiscal Year and the costs thereof are as follows: Fiscal Year 2021 Budget Improvements II Total Budgeted Cost Management Fee $17 ,800.00 City Administrative Fee $5 ,129 .00 li================ll======== Security Patrols $21 Insurance Community Marketing/Events AudiUAnnual Review Communications Total Expenses The total budgeted costs of the improvements and services are in the amount of $256 ,457 .00. The entire amount of $256 ,457 .00 will be funded by assessments collected on privately owned parcels located in the East Lancaster Avenue PID by applying a rate of $0 .266 per each $100 .00 of property value . For fiscal year 2020 (tax year 2019) PID 20 levied an assessment of $0.27 per $100 .00 of property value. The PID experienced growth in net taxable value equal to $5,402 ,638.00 , or 6 %, allowing for the assessment rate to be reduced by $0.004. Thus , the recommended Fiscal Year 2020-2021 (tax year 2020) assessment rate is $0 .266 per $100 .00 of taxable property value . 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 East Lancaster Avenue 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 East Lancaster Avenue PID on August 7, 2020 , in accordance with state Jaw . The East Lancaster Avenue PID is located in COUNCIL DISTRICTS 5 & 8 . 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 #20 -East Lancaster Ave 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