HomeMy WebLinkAboutOrdinance 25722-09-2022 ORDINANCE NO.25722-09-2022
AN ORDINANCE APPROVING AND ADOPTING THE FISCAL YEAR 2022-2023
BUDGET,FIVE-YEAR SERVICE PLAN,ASSESSMENT PLAN,AND TAX YEAR 2022
ASSESSMENT ROLL(TO BE KEPT ON FILE WITH THE CITY SECRETARY) FOR
PUBLIC IMPROVEMENT DISTRICT NO. 15 — SUN VALLEY; LEVYING
ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND SERVICES
PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 15
DURING FISCAL YEAR 2022-2023; 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 August 21, 2012, the City Council of the City of Fort Worth ("City Council")
authorized the establishment of Public Improvement District No. 15 — Sun Valley ("District"), as a public
improvement district in accordance with the Act and Resolution No. 4120-08-2012, 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 87t' 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 2022-2023 Service Plan and hold a
public hearing to receive comments and pass on any objections to the 2022 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 2022 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 August 23,2022 (M&C 22-0621);
WHEREAS,the Service and Assessment Plan and Assessment Roll were once again presented to the
City Council in a public hearing conducted on the 131' day of September, 2022, at 6:00 p.m. in the Council
Ordinance No.25722-09-2022
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 1,2022,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: $0.24 per each $100 of value for property subject to assessment.
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.25722-09-2022
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, 2023, and become delinquent if not paid by February 1, 2023. The entire
amount assessed against each parcel of property bears penalty and interest, from and after February 1, 2023 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.25722-09-2022
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(71)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:
(2in
Nico Arias,Assistant City Attorney Jannette S. Goodall, City Secretary
M&C: 22-0676
Adopted and Effective: September 13,2022 •':�/'-
•i 73
a 'jay
AS
Ordinance No.25722-09-2022
Page 4 of 9
EXHIBIT A
MAP OF THE DISTRICT
FOfHi--,.%N:%R i ii Sun Valley Public Improvement District
! - 5 tit
.41
-pw,
28
SUN WtlAEV
KALTENBRUN z '
" F R MOSSON t
APA
r r 40 aka
467
,ti yu' T s�a,Q': .a i'.{LUA'.Jai'�'� � }F'Si, ANF
f YIT ff }* F '•6fiFd
��{ M1 �
FPS
LEGEND
` i r PID 15-SUN VALLEY
*
y 1 a ama QH QI%%"
A
t A .�
COPYl4GM72M4 CITY OF FORr WORTH UtiAUrrkM 2fD REPRODUCTION MAMMON OFAPPLICAOLE LAWS"TM
PRODUCT M FOR WORAAnOFAAL PURPOSES AND NAY NOT tW W BEEN PREA MtED FOR OR BE,SUMIME FOR LEGAL,
.OR SURVEYING PURPOEMIT DOES NOT REPRESENTAN ON-TIE-GRDUND SURVEYAND PRESENTS
ONLY THE APPROMWE RELATIVE LOCATION OF PROPERTY SOUPDARIES.THE CITY OF FORT WORTH A""UNES
NO RESPONMUTY FOR THE ACCURACY OF SAID DATA
Ordinance No.25722-09-2022
Page 5 of 9
EXHIBIT B
SERVICE AND ASSESSMENT PLAN
SERVICE PLAN
City of Fort Worffi
Five Yew Service Plan
Pubic Yoprovaaent District No_15-Sun V411"
Fiseal Yew 27M-2WH
FYZW FY4324 M425 FY29 M
REVOWS
PlD Assessments S 141,410 S 147,066 S 152,949 S 159,067
Budgeted Revenues S 141.410 S 147,066 S 152" S 159,067
Use of Fund Balance 12,360 - - -
Total Revenues S 151770 S 147,066 S 152,949 S 159,067
hxIENSES
Management Fee $28,282 $ 29,413 S 30,590 S 31,813
Security Enhancements 87,360 84,446 85,864 89,110
E**merd Rental 4,800 4,800 4.800 4,800
Vehicle Maintenance 3,000 3,000 3,000 3,000
Surveillance Cameras 24,000 18,500 12,500 12,600
Websitelsoftware 500 500 50o 500
Printing 500 500 550 650
City Administrative Fee 2,828 2,941 3,059 3,181
City Audt 2,500 2,500 2,500 2,500
Total Budgeted Egwmas S 153,770 S 146.600 S 143.30 S 147,954
Canutution to Fund Balance - 466 9,586 11,113
Total Expenses 5 151770 S 147.OB6 S 152,949 S 159.067
Net Charge in Fund Balance S (12,360) S 466 5 9,58E S 11,113
Estimated Fund Balance,Beginning of Year 42.832 30,472 30,938 40,524
Estimated Fund Balance,End of Year 30,472 30,938 40,524 51,637
Reserve Requirement 24,438 23,899 24,664 24,664
Over(Und r)Reserve S 6,034 S 7,039 $ 15.860 5 26,973
'FY2M Assessment Rate=&24
Ordinance No.25722-09-2022
Page 6 of 9
Fiscal Year 2022-2023 Budget
The total budgeted costs of the improvements and services for the District for fiscal year 2022-2023 are
$153,770.00. Of this amount, $141,410.00 will be funded by assessments collected on privately-owned parcels
located in the District. The remaining$12,360.00 of the costs will be funded by a transfer from the unaudited,
unassigned fund balance.
Ordinance No.25722-09-2022
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 $.27 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: $0.24 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.25722-09-2022
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.
15—Sun Valley(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.25722-09-2022
Page 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/13/22 M&C FILE NUMBER: M&C 22-0676
LOG NAME: 17ED PID15FY23
SUBJECT
(CD 5)Conduct Public Benefit Hearing for Fort Worth Public Improvement District 15-Sun Valley;Adopt the Ordinance(1)Approving and
Adopting the Fiscal Year 2022-2023 Budget, Five-Year Service Plan,Assessment Plan,and Tax Year 2022 Assessment Roll,and(2)Levying
Special Assessments for the 2022 Tax Year at a Rate of$0.24 Per Each$100.00 of Property Value;Authorize Execution of Agreement with Orasi
Development, LLC,in the Amount of$28,282.00 to Manage the Public Improvement District; and Adopt 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 15-Sun Valley for the 2022 tax year;
2. Adopt the attached ordinance(1)approving and adopting the fiscal year 2022-2023 budget in the amount of$153,770.00,five-year service
plan,assessment plan,and tax year 2022 assessment roll(on file with the City Secretary)for the Sun Valley Public Improvement District;and
(2)levying special assessments on privately-owned property located in the Sun Valley Public Improvement District for the 2022 tax year at
the rate of$0.24 per each$100.00 of property value(Service Assessment Plan and Assessment Ordinance);
3. Direct the City Secretary to record a copy of the Service Assessment Plan 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 Orasi Development, LLC, in the amount of$28,282.00 to provide management of the
improvements and services for the Sun Valley Public Improvement District during Fiscal Year 2022-2023;and
5. Adopt the attached appropriation ordinance(1)increasing estimated receipts and appropriations in the Fort Worth Public Improvement
District 15-Sun Valley Fund in the amount of$153,770.00,of which (1)$141,410.00 is from available funds and (2)$12,360.00 is from
available unreserved fund balance.
DISCUSSION:
On August 21,2012,the City Council adopted Resolution No.4120-08-2012 establishing Fort Worth Public Improvement District 15-Sun Valley
(Sun Valley PID).
The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2022-2023 budget and five-year service plan
for the Sun Valley PID and the proposed assessments to be levied on each property in the Sun Valley PID for the 2022 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 Sun Valley PID and the costs thereof are as follows:
Fiscal Year 2023 Budget
Improvements Total Budgeted Cost
Management Fee I $28,282.00j
Security Enhancements $87,360.00
Equipment Rental $4,800.00
Vehicle Maintenance $3,000.00
Surveillance Cameras $24,000.001'
Website/Software $500.00
ill
Printing $500.001
City Audit $2,500.001
City Administrative Fee $2,828.00
Total Expenses $153,770.00
The total budgeted costs of the improvements and services are in the amount of$153,770.00.Of this amount,$141,410.00 will be funded by
assessments collected on privately owned parcels located in the Sun Valley PID by applying a rate of$0.24 per each$100.00 of property value.
The remaining$12,360.00 will be funded by a transfer from the unaudited, unassigned fund balance.The assessment rate is the same as last
year.
On August 23,2022,the City Council conducted a public hearing to receive comments on the proposed Fiscal Year 2022-2023 budget,five-year
service plan,and 2022 assessments for the Sun Valley PID.Notice of the August 23,2022 benefit hearing and this heading were published in
the Fort Worth Star-Telegram and mailed to all owners of property on record in the Sun Valley PID on August 12,2022, in accordance with state
law.
The Sun Valley PID is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2022-2023 budget by the
City Council,funds will be available in the Fiscal Year 2023 operating budget, as appropriated,in the FWPID#15-Sun Valley Fund. Prior to any
expenditure being incurred,the Economic Development Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office b�L. William Johnson 5806
Originating Business Unit Head: Robert Sturns 2663
Additional Information Contact: Crystal Hinojosa 7808
Expedited