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HomeMy WebLinkAbout(0093) PID 11 - Stockyards SAP and Assessment.PDFORDINANCE NO. 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. 11 — STOCKYARDS; LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 11 — STOCKYARDS 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 2, 2003, the City Council of the City of Fort Worth ("City Council") authorized the establishment of Public Improvement District No. I — Stockyards ("District"), as a public improvement district in accordance with the Act and Resolution No. 2925, 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 871h 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 21-0632); 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. Page 1 of 9 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: $0.12 per each $100 of property value in the District. This Ordinance will not be construed so as to levy any assessment against City -owned property in 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. 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 will be filed with the County Clerk of Tarrant County, Texas, and when so filed constitutes 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. 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 (7th) 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: Tyler F. Wallach, Assistant City Attorney Ronald P. Gonzales, Acting City Secretary M&C: Adopted and Effective: September 21, 2021 Ordinance No. Page 4 of 9 EXHIBIT A MAP OF THE DISTRICT FORTWORTH. Stockyards Public Improvement District COPYRIGHT2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION ISAVIOLATION 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. Ordinance No. 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. 11 -Stockyards FY 21122 FY22123 FY231234 FY24125 FY26126 REVENUES PID Assessments $ 213,615 $ 222,160 $ 231,046 $ 240,288 $ 249,900 Total Budgeted Revenues E 2 33,615 $ 222,160 $ 231,046 $ 240,288 $ 249,900 Use of Fund Balance 86,300 - - - - Total Funds Available for Use S 299,915 $ 222,160 $ 231,046 $ 240,288 $ 249,900 EXPENSES Management Fee $ 17,558 $ 17,558 $ 17,558 $ 17,558 $ 17,558 Litter Abatement & Maintenance 50,000 45,000 50,000 50,000 55,000 Security 55,000 54,000 50,000 55,000 57,000 Public Events 54,685 47,200 53,263 54,424 55,000 Capital Improvements- Signs on Exchange 60,000 - - - - Insurance 900 900 900 1,000 1,000 Website & Other Marketing* 55,000 50,000 50,000 54,000 56,000 City Audit Fee 2,500 2,500 2,500 2,500 2,500 City Administrative Fee 4,272 4,443 4,621 4,806 4,998 Total Budgeted Expenses E 2 99,915 S 221,601 $ 228,842 $ 239,288 $ 249,066 Contribution to Fund Balance - 559 2,204 1,000 844 Total Expenses $ 299,915 $ 222,160 $ 231,046 $ 240,288 $ 249,900 Net Change In Fund Balance $ (86,300) S 559 $ 2,204 $ 1,000 $ 844 Fund Balance, Beginning of Year (Estimated Yrs 2-5) 124,056 37,756 38,315 40,519 41,519 Estimated Fund Balance, End of Year 37,756 38,315 40,519 41,519 42,363 Reserve Requirement 36,941 38,148 39,889 41,518 41,518 Over (Under) Reserve $ 815 $ 167 $ 630 $ 1 $ 845 *FY2022 Assessment Rate = $.12 Ordinance No. Fiscal Year 2021-2022 Budget The total budgeted costs of the improvements and services for the District for fiscal year 2021-2022 are $299,915.00. Of this amount, $213,615.00 will be funded by assessments collected on privately -owned parcels located in the District. The remainder of the costs in the amount of $86,300.00 will be transferred from the unaudited, unassigned fund balance. Ordinance No. 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. 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: $0.12 per each $100 of property value for property in the District. 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. 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. 11 — Stockyards (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. Page 9 of 9