HomeMy WebLinkAboutOrdinance 25093-09-2021 ORDINANCE NO.25093-09-2021
AN ORDINANCE APPROVING AND ADOPTING THE FISCAL YEAR 2021-2022
BUDGET,FIVE-YEAR SERVICE PLAN,ASSESSMENT PLAN,AND TAX YEAR 2021
ASSESSMENT ROLL(TO BE KEPT ON FILE WITH THE CITY SECRETARY) FOR
PUBLIC IMPROVEMENT DISTRICT NO. 20 — EAST LANCASTER AVENUE;
LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND
SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO.
20 DURING FISCAL YEAR 2021-2022; 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 Public Improvement District Assessment Act, Chapter 372 of the Texas Local
Government Code("Act"), allows for the creation of public improvement districts;
WHEREAS, on February 12, 2019, the City Council of the City of Fort Worth ("City Council")
authorized the establishment of Public Improvement District No. 20—East Lancaster Avenue ("District"), as a
public improvement district in accordance with the Act and Resolution No. 5052-02-2019, a map of which is
attached hereto as Exhibit A and incorporated herein for all purposes;
WHEREAS, Section 372.013 of the Act, as recently amended by the 87th Texas Legislature through
House Bill No. 1543 (effective September 1, 2021), requires the City Council to annually review and adopt an
ordinance approving the Service Plan ("Service Plan")for the District;
WHEREAS, Sections 372.013 and 372.014 of the Act require the annual Service Plan to (i) cover a
period of at least five years; (ii) define the annual indebtedness and the projected costs for improvements; (iii)
include an Assessment Plan("Assessment Plan");and(iv)include a copy of the notice form required by Section
5.014 of the Texas Property Code (the Service Plan and Assessment Plan are collectively referred to herein as
the "Service and Assessment Plan");
WHEREAS, City Council must review the proposed fiscal year 2021-2022 Service Plan and hold a
public hearing to receive comments and pass on any objections to the 2021 Assessment Plan raised by any owner
of property located within the District and, at the conclusion of the hearing, levy an assessment for the purpose
of providing supplemental services and improvements for the District;
WHEREAS, the Service and Assessment Plan is attached hereto as Exhibit B and incorporated herein
for all purposes;
WHEREAS, City Council desires to approve and adopt the 2021 Assessment Roll that was filed with
the City Secretary and subject to public inspection in the City's official records prior to the public hearing
("Assessment Roll");
WHEREAS, the Service and Assessment Plan and Assessment Roll were previously presented in a
public hearing conducted by the City Council on September 14, 2021 (M&C 21-0639);
WHEREAS,the Service and Assessment Plan and Assessment Roll were once again presented to the
City Council in a public hearing conducted on the 21st day of September, 2021, at 7:00 p.m. in the Council
Ordinance No.25093-09-2021
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Chamber in the City Hall in the City of Fort Worth, Texas ("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 THAT:
SECTION 1.
The Public Hearing is hereby closed and any and all protests and objections,whether herein enumerated
or not,are hereby overruled. That,the Recitals and findings listed above are true and correct and form the basis
upon which this Ordinance is being adopted and are incorporated herein by reference.
SECTION 2.
The City Council hereby approves and adopts the Service and Assessment Plan and Assessment Roll
(to be kept on file with the City Secretary). In doing so,the City Council finds that the supplemental services
and improvements set forth in the Service Plan are feasible and advisable and will serve the needs and desires
of the property owners in the District.
SECTION 3.
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 privately-owned property in the District and against the owners of such property. Such assessments
and charges are right,proper,and substantially in proportion to the benefits of the respective parcels of property
by means of the improvements and services in the District for which such assessments are levied and establish
substantial justice,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 1,2021,are true and correct reflections of the information contained in the records of the
relevant appraisal district.
SECTION 4.
There is hereby levied and assessed against the parcels of privately-owned 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: $0.266 per each $100 of value for property subject to assessment. This ordinance
will not be construed to levy assessments on any city-owned property within the District.
SECTION 5.
Where more than one person or entity owns an interest in any property described herein, each such
person or entity will be personally liable only for its, his, or her pro rata share of the total assessment against
such property in proportion to its, his, or her respective interest to the total ownership of 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.
Ordinance No.25093-09-2021
Page 2 of 9
SECTION 6.
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
("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 privately-owned 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 will 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 shall 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 become due and
payable on or before January 31, 2022, and become delinquent if not paid by February 1, 2022. The entire
amount assessed against each parcel of property bears penalty and interest, from and after February 1, 2022 at
the same rate as prescribed by law for any delinquent ad valorem tax until paid.
SECTION 7.
If default is made in the payment of any assessments, collection thereof will be enforced by suit in any
court of competent jurisdiction,and said City may exercise all of its lawful powers to aid in the enforcement and
collection of said assessments.
SECTION 8.
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 9.
Although the aforementioned charges have been fixed, levied, and assessed in the respective amounts
herein stated, the City Council hereby reserves the right to reduce the aforementioned assessments by allowing
credits to certain property owners where deemed appropriate and provided that any such allowance does not
result in any inequity or unjust discrimination.
SECTION 10.
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 11.
In any suit upon any assessment or reassessment, it will 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.
Ordinance No.25093-09-2021
Page 3 of 9
SECTION 12.
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 13.
This Ordinance is 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 14.
The City Secretary is directed to cause a copy of this Ordinance to be recorded in the real property
records of Tarrant County,Texas no later than the seventh(7`h)day after the adopted date of this Ordinance.
SECTION 15.
This Ordinance takes effect and will be in full force and effect from and after the date of its passage.
AND IT IS SO ORDAINED.
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
Nico Arias,Assistant City Attorney Ronald P. Gonzales,Act g City Secretary
M&C: 21-0709
Adopted and Effective: September 21,2021
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Ordinance No.25093-09-2021
Page 4 of 9
EXHIBIT A
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Ordinance No.25093-09-2021
Page 5 of 9
EXHIBIT B
SERVICE AND ASSESSMENT PLAN
SERVICE PLAN
City of Fort worth
Five Year Service Plan FY22-FY26
Public Improvement District No.20-East Lancaster
FY21122 FY22123 FY23124 FY24126 FY26l26
REVENUES
PID Assessments S 257,384 S 262,532 S 267,783 S 273,139 $ 278,602
Total Budgeted Revenues S 257,384 S 262,632 S 267,783 S 273,139 S 278,602
Use of Fund Balance 24,000 6,870 - - -
Total Funds Available for Use 6 281,384 S 269,402 S 267,793 S 273,139 6 278,002
EXPENSES
Management Fee S 17,800 S 17,800 S 17,800 S 17,800 S 17,800
City Administrative Fee 5,148 5,251 5,356 5,463 5,572
Security 248,280 239,047 236,833 241,795 247,8%
Community Marketing/Events 4,656 2,804 2,500 2,500 2,500
AuddlAnnual Review 2,500 2,500 2,500 2.500 2,500
communications 3,000 2,000 2,000 2,000 2.374
Total Budgeted Expenses 6 281,384 S 289,402 S 266,989 S 272,050 S 273,602
Contribution to Fund Balance - 794 1,081 -
Total Expenses 281,384 269,402 267,783 273,139 278,602
Net Change In Fund Balance S (24,000) S (6,870) $ 794 $ 1,081 S -
Fund Balance,Beginning of Year(Estimated Yrs 2-5) 75,509 51,509 44,639 45,433 46,514
Estimated Fund Balance,End of Year 51,509 44,639 45,433 48,514 46,514
Reserve Requirement 44,909 44.507 45.352 46,443 46,443
Over(Under)Reserve $ 6,600 S 132 S e1 $ 71 S 71
'FY2022 Assessment Rate-5.266
Ordinance No.25093-09-2021
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Fiscal Year 2021-2022 Budget
The total budgeted costs of the improvements and services for the District for fiscal year 2021-2022 are
$281,384.00. Of this amount, $257,384.00 will be funded by assessments collected on privately-owned parcels
located in the District. The remaining $24,000.00 will be funded by a transfer from the unaudited, unassigned
fund balance.
Ordinance No.25093-09-2021
Page 7 of 9
ASSESSMENT PLAN
The cost of each improvement and service provided during a fiscal year will be assessed against real
property within the District benefitting from such improvement or service based on the value of such property,
including the value of structures and other improvements on the property as determined by the applicable
appraisal district. No annual assessment during the term of the District will exceed $.295 per$100 of appraised
value of real property and improvements, unless otherwise approved by law.
The City will levy and assess against the parcels of privately-owned property in the District,and against
the real and true owners thereof,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: $0.266 per each $100 of value for
property subject to assessment. The current names and addresses of the properties that are subject to assessment,
along with the ordinance levying such assessments,are on file with the City Secretary of the City of Fort Worth.
Ordinance No.25093-09-2021
Page 8 of 9
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT
TO THE CITY OF FORT WORTH,TEXAS
CONCERNING THE FOLLOWING PROPERTY
(insert property address)
As the purchaser of the real property described above,you are obligated to pay assessments to the City
of Fort Worth, Texas, for the costs of a portion of a public improvement or services project (the "Authorized
Improvements") undertaken for the benefit of the property within Fort Worth Public Improvement District No.
20—East Lancaster Avenue(the "District")created under Subchapter A, Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED
IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT
PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY
FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS,
ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City Secretary of the City of Fort Worth,
Texas. The exact amount of each annual installment will be approved each year by the City Council of the City
of Fort Worth,Texas, in the annual service plan update for the District.More information about the assessments,
including the amounts and due dates,may be obtained from the City Secretary of the City of Fort Worth, Texas.
Your failure to pay any assessment or any annual installment may result in penalties and interest being
added to what you owe or in a lien on and the foreclosure of your property.
The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding
contract for the purchase of the real property at the address described above.
Date:
Signature of Purchaser
Ordinance No.25093-09-2021
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/21/21 M&C FILE NUMBER: M&C 21-0709
LOG NAME: 17ED PID20FY22
SUBJECT
(CD 5 and CD 8)Conduct Public Benefit Hearing for Fort Worth Public Improvement District 20-East Lancaster Avenue,Adopt the Attached
Ordinance(1)Approving and Adopting the Fiscal Year 2021-2022 Budget, Five-Year Service Plan,Assessment Plan,and Tax Year 2021
Assessment Roll,and(2) Levying Special Assessments for the 2021 Tax Year at a Rate of$0.266 Per Each$100.00 of Property Value;Authorize
Execution of Agreement with FirstService Residential Texas PID, LLC,in the Amount of$17,800.00 to Manage the Public Improvement District;
and Adopt Attached Appropriation Ordinance
(PUBLIC HEARING-a. Report of City Staff: Crystal Hinojosa; 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(East Lancaster PID)for the 2021 tax year;
2. Adopt the attached ordinance(1)approving and adopting the fiscal year 2021-2022 budget in the amount of$281,384.00,five-year service
plan,assessment plan, and tax year 2021 assessment roll(on file with the City Secretary)for the East Lancaster PID;and(2)levying special
assessments on the property located in the East Lancaster PID for the 2021 tax year at the rate of$0.266 per each$100.00 of property
value(SAP and Assessment Ordinance);
3. Direct the City Secretary to record a copy of the SAP and Assessment Ordinance in the real property records of Tarrant County,Texas no
later than the seventh(7th)day after adoption by the City Council;
4. 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 the East Lancaster PID during Fiscal Year 2021-2022;and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District
20—East Lancaster Fund in the amount of$281,384.00,of which (1)$257,384.00 is from available funds and (2)$24,000.00 is from
reducing fund balance.
DISCUSSION:
On February 12,2019,the City Council adopted Resolution No.5052-02-2019,establishing Fort Worth Public Improvement District 20-East
Lancaster Avenue(East Lancaster PID).
The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2021-2022 budget and five-year service plan
for the East Lancaster PID and the proposed assessments to be levied on each property in the East Lancaster PID for the 2021 tax
year. Following the public hearing, it is recommended that the City Council take the following actions: adopt the attached ordinances(1)
approving and adopting the budget,five-year service plan,assessment plan,and assessment roll; (2)levying the proposed assessments;and(3)
appropriating funds.
The improvements and services to be provided in the East Lancaster PID during the 2021-2022 Fiscal Year and the costs thereof are as follows:
Fiscal Year 2022 Budget
Improvements Total Budgeted Cost
Management Fee $17,800.00
Security Patrols $248,280.00
Commune Marketin /Events $4,656.00
Communications $3,000.00
Audit/Annual Review $2,500.00
City Administrative Fee $5,148.00j
Total Expenses $281,384.00
The total budgeted costs of the improvements and services are in the amount of$281,384.00.Of this amount, $257,384.00 will be funded by
assessments collected on privately owned parcels located in the East Lancaster PID by applying a rate of$0.266 per each$100.00 of property
value.The remaining$24,000.00 will be funded by a transfer from the unaudited, unassigned fund balance.The 2021 assessment rate is the same
as the prior year.
On September 14,2021,the City Council conducted a public hearing to receive comments on the proposed 2021-2022 Fiscal Year budget,five-
year service plan,and 2021 assessments for the East Lancaster PID. Notice of the September 14,2021,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 PID on August 27,2021,in
accordance with state law.
The East Lancaster 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 2021-2022 Budget by the
City Council,funds will be available in the Fiscal Year 2022 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
Orininatina Business Unit Head: Robert Sturns 2663
Additional Information Contact: Crystal Hinojosa 7808
Expedited