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HomeMy WebLinkAbout26-28808 - City Council - OrdinanceORDINANCE 26-28808 AN ORDINANCE APPROVING AND ADOPTING THE FISCAL YEAR 2026- 2027 BUDGET, FIVE-YEAR SERVICE PLAN, ASSESSMENT PLAN, AND TAX YEAR 2026 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 2026-2027; 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 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 2026-2027 Service Plan and hold a public hearing to receive comments and pass on any objections to the 2026 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 2026 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"); Ordinance No. 26-28808 Page 1 of 10 WHEREAS, the Service and Assessment Plan and Assessment Roll were previously presented in a public hearing conducted by the City Council on August 25, 2026 (M&C 26,0926); and WHEREAS, the Service and Assessment Plan and Assessment Roll were once again presented to the City Council in a public hearing conducted on the 15th day of September, 2026, during the City Council meeting beginning at 6 p.m. in the Council 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; 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. 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, fmds 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 and that a corresponding payment in lieu of assessment should be made for City -owned 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 fmds 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 fmds that the apportionment of the cost of the improvements is in accordance with applicable law. The City Council, from the evidence, further fmds that the values of the respective parcels of property on January 1, 2026, 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. As it concerns any City -owned property within the District, the City will contribute a payment in lieu of assessment that is based on the same rate as the privately -owned property in the District. Ordinance No. 26-28808 Page 2 of 10 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. 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, 2027, and become delinquent if not paid by February 1, 2027. The entire amount assessed against each parcel of property bears penalty and interest, from and after February 1, 2027, 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. Ordinance No. 26-28808 Page 3 of 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. 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. APPROVED AS TO FORM AND LEGALITY: By: Trey Qualls, Assistant City Attorney ADOPTED: 15/09/2026 EFFECTIVE: 15/09/2026 Jannette S. Goodall, City Secretary as FORT ��� ~0 OOO OOOOOOOOOO %i SEX 41 � Ordinance No. 26-28808 Page 4 of 10 Ordinance No. 26-28808 Page 5 of 10 EXHIBIT A MAP OF THE DISTRICT FOR! WORTH PID 21: Las Vegas b .vW4u K,Srv"l m' Cq .l ..n ~I. w..n.ok.r +nom. d. • . r.w.en ., rw p.. . rot N.. p... o.mow bd W o -I . m ltl IV 'd E. ... U..pm...ME...Mw. l.ulfw. d mole O —V — T. U., al $.A 'V P iW. $ .o ..p.,..0h .00u.q d - OW 0 1.000 2.000 4.000 Feet N t 1 1 ! 1 Ordinance No. 26-28808 Page 6 of 10 EXHIBIT B SERVICE AND ASSESSMENT PLAN SERVICE PLAN City of Fort Worth Service and Assessment Plan Public Improvement District No. 21 - Las Vegas Trail FY 27 FY 28 FY 29 REVENUES PIDAssessments $ 30:3,944 S 313,062 $ 322,454 Total Budgeted Revenues $ 303,944 $ 313.062 S 322,454 Total Revenues $ 303,944 $ 313,062 S 322,454 EXPENSES City Administrative Fee 6,079 6,261 6.449 Management Fee 30,444 31.357 32,298 Litter Pickup 32.921 33,579 34,251 CommunityCenter Operations 81,000 90,000 104,000 Security 110,400 125,000 140,000 Audit & Compliance 4,686 4,700 5.000 Total Budgeted Expenses $ 265,530 $ 290.898 S 321.998 Contribution to Fund Balance $ 38.414 S 22.164 S 456 Total Expense $ 303,944 S 313,062 S 322,454 Net Change in Fund Balance $ 38.414 $ 22,164 S 456 Estimated Fund Balance, Beginning of Year $ 10,328 $ 48.742 $ 70,907 Estimated Fund Balance, End of Year 48,742 70,907 71,363 Reserve Requirement 48,493 53,677 53,677 Over (Under) Reserve $ 249 $ 17,230 S 17,686 • FY2027 Assessment Rate = $10 Commercial Fiscal Year 2026-2027 Budget Ordinance No. 26-28808 Page 7 of 10 The total budgeted costs of the improvements and services for the District for fiscal year 2026-2027 are $303,944.00, including a $38,414.00 contribution to the District's fund balance. Of this amount, $303,944.00 will be funded by assessments collected on privately -owned parcels located in the District. ASSESSMENT PLAN Ordinance No. 26-28808 Page 8 of 10 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 $0.10 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 subject to assessment, along with the ordinance levying such assessments, are on file with the City Secretary of the City of Fort Worth. NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO THE CITY OF FORT WORTH, TEXAS Ordinance No. 26-28808 Page 9 of 10 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 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. 26-28808 Page 10 of 10 City of Fort Worth Service and Assessment Plan Public Improvement District No. 21 - Las Vegas Trail FY 27 FY 28 FY 29 REVENUES PID Assessments $ 303,944 $ 313,062 $ 322,454 Total Budgeted Revenues $ 303,944 $ 313,062 $ 322,454 Total Revenues $ 303,944 $ 313,062 $ 322,454 EXPENSES City Administrative Fee 6,079 6,261 6,449 Management Fee 30,444 31,357 32,298 Litter Pickup 32,921 33,579 34,251 Community Center Operations 81,000 90,000 104,000 Security 110,400 125,000 140,000 Audit & Compliance 4,686 4,700 5,000 Total Budgeted Expenses $ 265,530 $ 290,898 $ 321,998 Contribution to Fund Balance $ 38,414 $ 22,164 $ 456 Total Expense $ 303,944 $ 313,062 $ 322,454 Net Change in Fund Balance $ 38,414 $ 22,164 $ 456 Estimated Fund Balance, Beginning of Year $ 10,328 $ 48,742 $ 70,907 Estimated Fund Balance, End of Year 48,742 70,907 71,363 Reserve Requirement 48,493 53,677 53,677 Over (Under) Reserve $ 249 $ 17,230 $ 17,686 *FY2027 Assessment Rate = $.10 Commercial City of Fort Worth Budget Narrative Public Improvement District No. 21- Las Vegas Trail Management Fee This line item covers the costs associated with the effective management of PID 21. It includes the manager's salary and benefits, accounting and administrative support, and office rent. Community Enhancement This budget supports regular trash pickup and garbage can removal throughout the community. Upspire performs twice -weekly visits, removing over 22 bags of trash —approximately 1,000 pounds —each week to maintain a clean and welcoming environment. Community Center Operations Covers staffing and operational costs for the LVTRise Community Center, supporting its day-to-day functions and services for residents. Security This line item funds off -duty patrols to supplement the Fort Worth Police Department. With the current budget, approximately 1,350 additional patrols can be provided throughout the community to enhance safety and visibility. Audit & Compliance This line item includes costs associated with the annual review, such as the audit, ordinance filings, issuance of required notices, postage, and newspaper publication requirements City Administrative Fee As outlined in the City of Fort Worth PID Policy, City will charge a fee to each O-PID for the annual costs associated with administering the O-PID. This fee will be calculated annually for each O-PID to be the greater of: a. 2% of the projected externally generated revenue for that year, to include special assessments and any City contributions; or b. $2,000.00 W a % Thorny r \ Ridge G th'estwind -1vtt7.T CAS �. ('— C Imont ti4 ►t .d, CAMP BOWIE WEST II" Western 4.�,.� - �' -- Hills_ I Benbrook „ If FORT WORTH, PI D 21: Las Vegas Source: Planning and Data Anal Date: September 2021 ©Copyright 2021 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is far 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 represents only the approximate relative location of propery boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data. 0 1,000 2,000 4,000 Feet N I I I I 1 I I I FORT WORTH. MAYOR AND COUNCIL COMMUNICATION 12.12 PID21 FY27 DATE: 09/15/26 M&C FILE M&C 26-0939 NUMBER: DEPARTMENT: FWLAB 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 2026-2027 Budget, Five -Year Service Plan, Assessment Plan, and Tax Year 2026 Assessment Roll, and (2) Levying Special Assessments for the 2026 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 $30,444.00 to Manage the Fort Worth Public Improvement District 21 - Las Vegas Trail, and Adopt Appropriation Ordinance (PUBLIC HEARING - a. Staff Available for Questions: Lacey M. 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 2026 tax year; 2. Adopt the attached ordinance (1) approving and adopting the Fiscal Year 2026-2027 budget in the amount of $303,944.00, five-year service plan, assessment plan, and tax year 2026 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 2026 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 (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 $30,444.00 to provide management of the improvements and services for the Las Vegas Trail Public Improvement District during Fiscal Year 2026-2027; and 1 of 3 FORT WORTH„ 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 $303,944.00. 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). The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2026-2027 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 for the 2026 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 2026- 2027 Fiscal Year and the costs thereof are as follows: Fiscal Year 2027 Budget Improvements City Administrative Fee Management Fee Litter Pickup Community Center Operations Security Audit & Compliance Contribution to Fund Balance Total Expenses Total Budgeted Cost $ 6,079.00 30,444.00 32,921.00 81,000.00 110,400.00 4,686.00 38,414.00 $303,944.00 The total budgeted costs of the improvements and services are in the amount of $303,944.00. Of this amount, $303,944.00 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 25, 2026, the City Council conducted a public hearing to receive comments on the proposed 2026-2027 Fiscal Year budget, five-year service plan, and 2026 assessments for the Las Vegas Trail PID. Notice of the August 25, 2026, benefit hearing and this hearing were 2 of 3 FORT WORTH„ published in the Fort Worth Star -Telegram and mailed to all owners of property on record in the Las Vegas Trail PID on August 14, 2026, in accordance with state law. This PID's service plan reflects a shorter term of 3 years because the district's authorization expires in 2029. In accordance with Texas Local Government Code 372.013, service plans are required to cover at least five years; however, this plan has been tailored to align with the remaining duration of the PID's remaining term. Funding will be budgeted within the FWPID #21 - Las Vegas Trail Fund for Fiscal Year 2027. The Las Vegas Trail PID is located in COUNCIL DISTRICT 3. This contract requires a Form 1295. FISCAL INFORMATION/ CERTIFICATION The Director of Finance certifies that upon approval of the above recommendations and adoption of the Fiscal Year 2027 Budget by the City Council, funds will be available in the Fiscal Year 2027 operating budget, as appropriated, in the #21 - Las Vegas Trail Fund. Prior to an expenditure being incurred, the FWLab has the responsibility to validate the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: Christianne Simmons, # 6222 ORIGINATING BUSINESS UNIT HEAD: Christianne Simmons, # 6222 ADDITIONAL INFORMATION CONTACT: Brady Kirk, # 8712 ATTACHMENTS 1. PID 21 F Y 27 SA Pv FINAL [12.12.1 - 2 pages] 2. PID 21 Ortho Map [12.12.2 - 1 page] 3. PID21 SAP and Assessment Ordinance [12.12.3 - 10 pages] 4. 03PID21 FY27 AO [12.12.5 - 1 page] 3 of 3