HomeMy WebLinkAboutOrdinance 27174-09-2024ORDINANCE NO.27174-09-2024
AN ORDINANCE APPROVING AND ADOPTING THE FISCAL YEAR 2024-2025
BUDGET, FIVE-YEAR SERVICE PLAN, ASSESSMENT PLAN, AND TAX YEAR 2024
ASSESSMENT ROLL (TO BE KEPT ON FILE WITH THE CITY SECRETARY) FOR
PUBLIC IMPROVEMENT DISTRICT NO. 21 — LAS VEGAS TRAIL; LEVYING
ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND SERVICES
PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 21
DURING FISCAL YEAR 2024-2025; 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 June 22, 2021, the City Council of the City of Fort Worth ("City Council") authorized
the establishment of Public Improvement District No. 21— Las Vegas Trail ("District"), as a public improvement
district in accordance with the Act and Resolution No. 5428-06-2021, 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 870, 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, the City Council must review the proposed fiscal year 2024-2025 Service Plan and hold
a public hearing to receive comments and pass on any objections to the 2024 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, the City Council desires to approve and adopt the 2024 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 27, 2024 (M&C 24-0725);
WHEREAS, the Service and Assessment Plan and Assessment Roll were once again presented to the
City Council in a public hearing conducted on the 171h day of September, 2024, at 6:00 p.m. in the Council
Ordinance No. 27174-09-2024
Pagel of 9
Chamber in the City Hall, Iocated at 200 Texas St. 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 City Council closed the Public Hearing and any and all protests and objections, whether herein
enumerated or not, are hereby overruled. 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 PIan are feasible and advisable and wiII 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 privateIy-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, 2024, 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: $0.10 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. 27174-09-2024
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, 2025, and become delinquent if not paid by February 1, 2025. The entire
amount assessed against each parcel of property bears penalty and interest, from and after February 1, 2025 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 Iaw 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. 27174-09-2024
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.
WIWIU]iliCI
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 (71h) 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
AND LEGALITY:
Taylor Paris, Assistant City Attorney
M&C: 24-0779
Adopted and Effective: September 17, 2024
ATTEST:
Jannette S. GoodalI, City Secretary
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Ordinance No. 27174-09-2024
Page 4 of 9
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Ordinance No. 27174-09-2024
Page 5 of 9
EXHIBIT B
SERVICE AND ASSESSMENT PLAN
SERVICE PLAN
City of Fort Worth
Five Year Service Plan
Public Improvement District No. 21 - Las Vegas Trail
FY 24125 FY 25126 FY 26127 FY 27128 FY 28129
REVENUES
PID Assessments 5 400,879 5 420,923 $ 441.969 $ 464,068 S 487,271
Total Budgeted Revenue S 400.979 S 420,923 S 441,969 S 464,068 S 487,271
Use of Fund Balance
Total Funds Available for Use S 400.879 $ 420,923 $ 441,969 $ 464,068 S 487,271
EXPENSES
Management Fee
S
29,557
5
30,444
$
31.357
S
32,298
S
33,267
Public Safety
235.670
5
242.740
$
250,022
5
257,523
5
265,249
Community Center Operatpns
90,420
$
93,133
$
95,927
5
98,804
$
101,769
Community Enhancement
31.714
$
32.666
$
33,646
S
34 F55
$
35.695
Communications
2,500
S
2,575
$
Z652
5
Z732
S
Z814
City, audnvnisirative Fee
8,018
S
8,258
$
8,506
S
6,761
$
9.024
City Audit
3,000
$
3,090
$
3.183
S
3,278
S
3,3T7
Total Budgeted Expenses
5
400,870
S
412,905
$
425,292
S
438,061
S
451,193
Contribution tc Fund Ealance
0
6.018
16 677
26,016
36,078
Total Expenses
S
400,079
$
420,923
$
441,969
S
464,068
$
487.271
Net Change in Fund Balance
S
0
$
6,018
$
16,677
S
26,016
$
36,078
Estimated Fund Balance. Beginning of Year
98,502
98,503
106,520
123.197
149,214
Estimated Fund Balance, End of Year
96,503
106,520
123,197
149.214
185,292
Reserve Requirement
68,631
70,696
73,023
75,214
75.214
Over (Under)Reserve
S
29,671
$
35,624
$
50,174
$
74,000
$
110,078
'FY2025 Assessment Rate = $ 10
Ordinance No. 27174-09-2024
Page 6 of 9
Fiscal Year 2024-2025 Budget
The total budgeted costs of the improvements and services for the District for fiscal year 2024-2025 are
$400,879.00. The entire amount will be funded by assessments collected on privately -owned parcels located in
the District.
Ordinance No. 27174-09-2024
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 $.10 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: $0.10 per each $100 of value for
property subject to assessment. The current names and addresses of the properties that are subj ect to assessment,
along with the ordinance levying such assessments, are on file with the City Secretary of the City of Fort Worth.
Ordinance No. 27174-09-2024
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.
21 — Las Vegas Trail (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 ofthe 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. 27174-09-2024
Page 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0779
LOG NAME: 17ED PID21FY25
SUBJECT
(CD 3) Conduct Public Benefit Hearing for Fort Worth Public Improvement District 21 — Las Vegas Trail, Adopt the Ordinance (1) Approving and
Adopting the Fiscal Year 2024-2025 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year 2024 Assessment Roll, and (2) Levying
Special Assessments for the 2024 Tax Year at a Rate of $0.10 Per Each $100.00 of Property Value, Authorize Execution of an Agreement with
FirstService Residential Texas PID, LLC., in the Amount of $29,557.00 to Manage the Fort Worth Public Improvement District 21 — Las Vegas
Trail, 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 21— Las Vegas Trail for the 2024 tax year;
2. Adopt the attached ordinance (1) approving and adopting the Fiscal Year 2024-2025 budget in the amount of $400,879.00, five-year service
plan, assessment plan, and tax year 2024 assessment roll (on file with the City Secretary) for the Las Vegas Trail Public Improvement
District; and (2) levying special assessments on privately -owned property located in the Las Vegas Trail Public Improvement District for the
2024 tax year at the rates of $0.10 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 (7tn) day after adoption by the City Council;
4. Authorize the execution of an agreement with FirstService Residential Texas PID, LLC., in the amount of $29,557.00 to provide management
of the improvements and services for the Las Vegas Trail Public Improvement District during Fiscal Year 2024-2025; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District
21 - Las Vegas Trail Fund in the amount of $400,879.00 from available funds.
DISCUSSION:
On June 22, 2021, the Mayor and City Council adopted Resolution No. 5428-06-2021 establishing Fort Worth Public Improvement District No. 21,
Las Vegas Trail (Las Vegas Trail PID). State law requires an annual report on the proposed budget and five-year service plan for the Las Vegas
Trail PID, which is attached.
The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year2024-2025 budget and five-year service plan
for the Las Vegas Trail PID and the proposed assessments to be levied on each property in the Las Vegas Trail PID forthe 2024 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 Las Vegas Trail PID during the 2024-2025 Fiscal Year and the costs thereof are as follows:
Fiscal Year 2025 Budget
Improvements
Management Fee
Total Budgeted Cost
$29,557.00
Public Safety
$235,670.00
Community Center Operations
$90,420.00
Community Enhancement
$31,714.00
Communications
$2,500.00
City Audit
$3,000.00
City Administrative Fee
$8,018.00
Total Expenses
$400,879.00
The total budgeted costs of the improvements and services are in the amount of $400,879.00. The entire amount of $400,879.00 will be funded by
assessments collected on privately owned parcels located in the Las Vegas Trail PID by applying a rate of $0.10 per each $100.00 of property
value.
On August 27, 2024, the City Council conducted a public hearing to receive comments on the proposed 2024-2025 Fiscal Year budget, five-year
service plan, and 2024 assessments for the Las Vegas Trail PID. Notice of the August 27, 2024, benefit hearing and this hearing were published
in the Fort Worth Star -Telegram and mailed to all owners of property on record in the Las Vegas Trail P I D on August 9, 2024, in accordance with
state law.
Funding will be budgeted within the FWPID #21 — Las Vegas Trail Fund for Fiscal Year 2025.
The Las Vegas Trail PID is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2025 Budget by the City
Council, funds will be available in the Fiscal Year 2025 operating budget, as appropriated, in the FWPID #21 —Las Vegas Trail 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}( William Johnson 5806
Originating Business Unit Head: Robert Stums 2663
Additional Information Contact: Lacey Ruiz 2608