HomeMy WebLinkAboutOrdinance 26429-09-2023ORDINANCE NO. 26429-09-2023
AN ORDINANCE APPROVING AND ADOPTING THE FISCAL YEAR 2023-2024
BUDGET, FIVE-YEAR SERVICE PLAN, ASSESSMENT PLAN, AND TAX YEAR 2023
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 2023-2024; 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. 11 — 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 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 2023-2024 Service Plan and hold a
public hearing to receive comments and pass on any objections to the 2023 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 2023 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 22, 2023 (M&C 23-0681);
WHEREAS, the Service and Assessment Plan and Assessment Roll were once again presented to the
City Council in a public hearing conducted on the 12t1' day of September, 2023, at 6:00 p.m. in the Council
Ordinance No. 26429-09-2023
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, 2023, 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. 26429-09-2023
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, 2024, and become delinquent if not paid by February 1, 2024. The entire
amount assessed against each parcel of property bears penalty and interest, from and after February 1, 2024 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. 26429-09-2023
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.
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Nico Arias (Sep 13, 2023 16:46 CDT)
Nico Arias, Assistant City Attorney Jannette S. Goodall, City Secretary
Adopted and Effective: September 12, 2023
M&C: 23-0717
Ordinance No. 26429-09-2023
Page 4 of 9
EXHIBIT A
MAP OF THE DISTRICT
FORTWORTH. Stockyards Public Improvement District
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(�' ;�?x Pre.ared on: Au.ust 19 2014
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PID 11 - STOCKYARDS A
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COPYRIGHT 2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION 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.
uru nance INo. Lov+ay-uy-a023
Page 5 of 9
EXHIBIT B
SERVICE AND ASSESSMENT PLAN
SERVICE PLAN
City of Fort Worth
Five Year Service Plan FY24 - FY28
Public Improvement District No. 11 - Stockyards
FY 2324 FY24/25 FY25126 FY26'27 FY27/28
REVENUES
PID Assessments $ 458,777 S 477,128 S 496,213 $ 516,062 S 536,704
COFW Assessment 7,743 10,473 10,473 10,473 10,473
Total Budgeted Revenues $ 466,520 $ 487,601 $ 506,686 $ 526,535 $ 547,177
Use of Fund Balance 258,509
Total Funds Available for Use $ 466,520 $ 746,110 S 506,686 5 526,535 $ 547,177
EXPENSES
Management Fee $ 18,458 S 18,458 $ 18,458 $ 18,458 S 18,458
Liner Abatement & Maintenance 125,000 125,000 135,000 136,546 150,000
Holiday Ug5Ong 10,000 15,000 15,000 20,000 20,000
Security 200,000 150,000 200,000 225,000 230,000
Public Events 25,000 30,000 30,000 32,500 32,500
Capital Improvements- Rodeo Plaza - 315,000 - - -
Professional Fees 50,000 50,000 50,000 50,000 50,000
Insurance 500 500 500 500 1,000
Website&Other Marketing* 25,232 29,400 30,000 30,000 30,000
City Audd Fee 3,000 3,000 3,000 3,000 3,000
City Admnistrati eFee 9,330 9,752 10,134 10,531 10,944
Total Budgeted Expenses
Contribution to Fund Balance
$ 466,520 $ 746,110 S 492,092 $ 526,535 $ 545,902
14,594 - 1,276
Total Expenses $ 466,520 $ 746,110 $ 506,686 $ 526,535 $ 547,177
Net Change in Fund Balance $ - $ (258,509) $ 14,594 $ - $ 1,276
Estimated Fund Balance, Beginning of Year 342,938 342,938 84,429 99,024 99,024
Estimated Fund Balance, End of Year 342,938 84,429 99,024 99,024 100,299
Reserve Requirement 124,377 82,032 87,773 91,002 91,002
Over (Under) Reserve $ 218,561 $ 2,397 5 11,250 $ 8,022 $ 9,297
"FY2024 Assessment Rate = 5.12
Ordinance No. 26429-09-2023
Page 6 of 9
Fiscal Year 2023-2024 Budget
The total budgeted costs of the improvements and services for the District for fiscal year 2023-2024 are
$466,520.00. Of this amount, $458,777.00 will be funded by assessments collected on privately -owned parcels
located in the District. The remainder of the costs will be funded by other revenue sources, including:
• $7,743.00 in direct payment from the City for Payment In -Lieu of Assessments, which are calculated at
the same rate as privately -owned parcels.
Ordinance No. 26429-09-2023
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. 26429-09-2023
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. 26429-09-2023
Page 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/12/23
LOG NAME: 17ED PID11FY24
SUBJECT
M&C FILE NUMBER: M&C 23-0717
(CD 2) Conduct Public Benefit Hearing for Fort Worth Public Improvement District 11 - Stockyards; Adopt the Ordinance (1) Approving and
Adopting the Fiscal Year 2023-2024 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year 2023 Assessment Roll, and (2) Levying
Special Assessments for the 2023 Tax Year at a Rate of $0.12 Per Each $100.00 of Property Value; Authorize Execution of an Agreement with
Stockyards Preservation Foundation of Fort Worth, Inc., in the Amount of $18,458.00 to Manage the Public Improvement District, and Adopt
Appropriation Ordinance
(PUBLIC HEARING - a. Report of City Staff: Lacey Ruiz; 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 11 - Stockyards for the 2023 tax year;
2. Adopt the attached ordinance (1) approving and adopting the fiscal year 2023-2024 budget in the amount of $466,520.00, five-year service
plan, assessment plan, and tax year 2023 assessment roll (on file with the City Secretary) for the Stockyards Public Improvement District;
and (2) levying special assessments on privately -owned property located in Stockyards Public Improvement District for the 2023 tax year at
a rate of $0.12 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 Stockyards Preservation Foundation of Fort Worth, Inc., in the amount of $18,458.00 to provide
management of the improvements and services for the Stockyards Public Improvement District during Fiscal Year 2023-2024; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District
11 - Stockyards Fund in the amount of $466,520.00, from available funds.
DISCUSSION:
On February 25, 2003, the City Council adopted Resolution No. 2925 establishing Fort Worth Public Improvement District 11 - Stockyards
(Stockyards PID).
The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2023-2024 budget and five-year service plan
for the Stockyards PID and the proposed assessments to be levied on each property in the Stockyards PID for the 2023 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 Stockyards PID and the costs thereof are as follows:
Fiscal Year 2024 Budget
Improvements
Total Budgeted Cost
Management Fee
J
$18,458.00
Litter Abatement & Maintenance
$125,000.00
Security
$200,000.00
Holiday Lighting
$10,000.00
Public Events
$25,000.00
Website & Other Marketing
$25,232.00
Professional Service Fees
$50,000.00
City Audit Fee
$3,000.00
Insurance
$500.00
City Administrative Fee
$9,330.00
Total Budgeted Expenses
$466,520.00
The total budgeted costs of the improvements and services are in the amount of $466,520.00 Of this amount, $458,777.00 will be funded by
assessments collected on privately -owned parcels located in the Stockyards PID by applying a rate of $0.12 per each $100.00 of property value.
The remainder of the costs will be funded by other revenue sources including: (a) $7,743.00 in direct payment from the City for Payment In -Lieu of
Assessments, which are calculated at the same rate as privately -owned parcels.
On, August 22, 2023 the City Council conducted a public hearing to receive comments on the proposed Fiscal Year 2023-2024 budget, five-year
service plan, and 2023 assessment for the Stockyards PID. Notice of the August 22, 2023 benefit hearing and this hearing were published in
the Fort Worth Star- Telegram and mailed to all owners of property on record and liable for assessment within the Stockyards PID on August 10,
2023, in accordance with state law.
Funding will be budgeted within the FWPID #11 - Stockyards Fund for Fiscal Year 2024.
The Stockyards PID is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2024 Budget by the City
Council, funds will be available in the Fiscal Year 2024 operating budget, as appropriated, in the FWPID #11 - Stockyards 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 by: William Johnson 5806
Originating Business Unit Head:
Additional Information Contact:
Robert Sturns 2663
Crystal Hinojosa 7808
Lacey Ruiz 2608