HomeMy WebLinkAboutOrdinance 21862-09-2015 ORDINANCE NO. 21862-09-2015
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS
AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 7
DURING FISCAL YEAR 2015-16; 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 City Council of the City of Fort Worth, Texas, has heretofore directed that certain improvements and/or
services(the"Improvements")shall be provided in the Fort Worth Public Improvement District No. 7(the"District"); and
WHEREAS, the boundaries of the District are Wall-Price Keller Road and Alta Road on the north; Shiver Road to North
Beach Street passing through the Park Green Belt on the south;Park Vista Boulevard at Shiver Road to Wall-Price Keller Road on the
east; and North Riverside Drive on the west;and
WHEREAS,the Improvements to be provided in Fiscal Year 2015-2016 and their estimated costs are as follows:
EXPENSES
Management Fee 162,025
Water 210,000
Utilities 30,500
Landscape/Tree Maintenance 1,1 12,287
Fence Maintenance 90,000
Common Area Maintenance 101,000
Holiday Lighting 27,000
Security Enhancements 80,000
Public Events 85,000
Capital Improvements 288,131
Insurance 12,600
Annual Review 2,000
City Administration Fee 33,208
Estimated Operating Reserve 700,000
Total Expenses $2,933,751
The total budgeted costs of the improvements are $2,933,751.00. Of this amount, $1,660,389.00 will be funded by assessments
collected on privately owned parcels located in the district. The remainder of the costs, $1,273,362.00 will be funded by other revenue
sources:
• $173,362.00 in a direct payment from the City for payment in lieu of services, which was appropriated from the General
Fund balance by City Council action on September 15,2015;
• $1,100,000.00 from prior years' assessments; and
WHEREAS, it is proposed that property in the District be assessed at a rate of$0.21 per each $100 of property value for
residential property and$0.11 rate per each$100 of property value for commercial property, as of January 1, 2015 and determined by
the appraisal district with jurisdiction over property in the District;and
WHEREAS, the Improvements and proposed assessment roll were previously presented in a public hearing conducted by
the City Council on September 1,2015 (M&C BH-326)and have been on file in the office of the City Secretary for public inspection;
and
WHEREAS,the Improvements and proposed assessment roll were once again heard by the City Council in a public hearing
conducted on the 15th day of September, 2015, at 7:00 p.m. in the Council Chamber in the City Hall in the City of Fort Worth, Texas
(the "Public Hearing"), notice of which was published 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;
Ordinance No.21862-09-2015
Page 1 of 3
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS:
SECTION 1.
The Public Hearing is hereby closed and any and all protests and objections, whether herein enumerated or not, are hereby
overruled.
SECTION 2.
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 property in the District and
against the owners of such property. Such assessments and charges are right and proper and are substantially in proportion to the
benefits to the respective parcels of property by means of the Improvements in the District for which such assessments are levied and
establish substantial justice and 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 1,2015, are true and correct.
SECTION 3.
There shall be, and are hereby, levied and assessed against the parcels of 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: $0.21 per each $100 of value for
residential property and$0.11 per each$100 of value for commercial property.
SECTION 4.
Where more than one person or entity owns an interest in any property described herein, each such person or entity shall be
personally liable only for its, her or his pro rata share of the total assessment against such property in proportion to its, his or her
respective interest to the total ownership 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 5.
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 (the 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 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 shall 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 may 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 shall be and become due and payable
on or before January 31, 2016, and shall become delinquent if not paid by February 1, 2016. The entire amount assessed against each
parcel of property shall bear penalty and interest, from and after February 1, 2016 at the same rate as prescribed by law for any
delinquent ad valorem tax until paid.
SECTION 6.
If default shall be made in the payment of any assessments, collection thereof shall be enforced by suit in any court of
competent jurisdiction, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said
assessments.
SECTION 7.
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.
Ordinance No.21862-09-2015
Page 2 of 3
SECTION 8.
Although the aforementioned charges have been fixed, levied and assessed in the respective amounts herein stated, the City
Council does hereby reserve the right to reduce the aforementioned assessments by allowing credits to certain property owners where
deemed appropriate and provided that such any such allowance does not result in any inequity and/or unjust discrimination.
SECTION 9.
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 10.
In any suit upon any assessment or reassessment, it shall 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 11.
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 12.
This Ordinance shall be 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 13.
This Ordinance shall take effect and 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: ATTEST:
a
Maleshia B.Fa er "" """'"" ar'' J. Ka s r
Senior Assistant City Attorney City Secre ry
M&C: BH-334
Adopted and Effective: September 15,2015
Ordinance No. 21862-09-2015
Page 3 of 3
FORTWORTH. Heritage Public Improvement District
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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 LEGAI
ENGINEERING, OR SURVEYING PURPOSES.IT DOES NOT REPRESENTAN ON-THE-GROUND SURVEYAND PRESENTS
ONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTY BOUNDARIES. THE CITY OF FORT WORTH ASSUMES
NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA.
City of Fort Worth
PID#7 HERITAGE PROPOSED BUDGET& FIVE YEAR SERVICE PLAN
FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20
REVENUES
PID Assessments 1,660,389 1,593,223 1,593,223 1,593,223 1,593,223
City Payment In-Lieu of Services 173,362 210,000 210,000 210,000 210,000
Prior Years'Assessments 1,100,000 700,000 400,000 400,000 400,000
Builder Initiation Fee 0 0 0 0 0
Total Revenues $2,933,751 $2,503,223 $2,203,223 $2,203,223 $2,203,223
EXPENSES
Management Fee 162,025 172,889 172,889 172,889 172,889
Water 210,000 210,000 210,000 210,000 210,000
Utilities 30,500 30,500 30,500 30,500 30,500
Landscape/Tree Maintenance 1,112,287 907,287 857,287 857,287 857,287
Fence Maintenance 90,000 128,000 78,000 78,000 78,000
Common Area Maintenance 101,000 66,000 66,000 66,000 66,000
Holiday Lighting 27,000 27,000 27,000 27,000 27,000
Security Enhancements 80,000 80,000 80,000 80,000 80,000
Public Events 85,000 75,000 75,000 75,000 75,000
Capital Improvements 288,131 360,083 160,083 160,083 160,083
Insurance 12,600 12,600 12,600 12,600 12,600
Annual Review 2,000 2,000 2,000 2,000 2,000
City Administration Fee 33,208 31,864 31,864 31,864 31,864
City reimbursement of seed mone 0
Budget Expenses $2,233,751 $2,103,223 $1,803,223 $1,803,223 $1,803,223
Estimated Operating Reserve 700,000 400,000 400,000 400,000 400,000
Total Expenses $2,933,751 $2,503,223 $2,203,223 $2,203,223 $2,203,223
X X
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, September 15, 2015 REFERENCE NO.:
LOG NAME: 17NS PID7FY16PBH
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 7, Heritage PID, Approve
Proposed 2015-2016 Budget in the Amount of$2,933,751.00 and Five-Year Service Plan and
Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2015 Tax Year in
the Amount of$1,660,389.00, Authorize Transfer in the Amount of$173,362.00 from the General
Fund to the Fort Worth Public Improvement District 7—Heritage Fund for the City's Payment in
Lieu of Services, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations
in the Fort Worth Public Improvement District 7—Heritage Fund in the Amount of$2,933,751.00
and Authorize Transfer in the Amount of$33,208.00 for Administrative Fees from the Fort Worth
Public Improvement District 7—Heritage Fund, to the General Fund and Authorize Execution of an
Agreement with FirstService Residential to Manage the District (COUNCIL DISTRICTS 4 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public benefit hearing concerning the proposed special assessments on the property
located in Public Improvement District 7, Heritage PID for the 2015 tax year•,
2. Approve the attached 2015-2016 Fiscal Year Budget and Five-Year Service Plan for the
Heritage PID;
3. Adopt the attached ordinance levying special assessment on the property in the Heritage PID,
subject to assessment in the 2015 tax year;
4. Authorize a transfer in the amount of$173,362.00 from the General Fund to the Fort Worth
Public Improvement District 7—Heritage Fund for the City's Payment In-Lieu of Services;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Fort Worth Public Improvement District 7—Heritage Fund in the amount of$2,933,751.00
from available funds;
6. Authorize a transfer in the amount of$33,208.00 for administrative fees from the Fort Worth
Public Improvement District 7—Heritage Fund to the General Fund contingent upon the adoption
of the attached ordinance levying assessments; and
7. Authorize the execution of an Agreement with FirstService Residential in the amount of
$162,025.00 to provide management and improvement services for the Heritage PID during Fiscal
Year 2015-2016.
DISCUSSION:
On September 26, 2000, (M&C G-13021) the City Council adopted Resolution No. 2675
establishing Fort Worth Public Improvement District No. 7 (Heritage PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2015-
2016 Fiscal Year Budget and Five-Year Service Plan for the PID and the proposed assessments to
be levied on each property in the PID for the 2015 tax year. Following the public hearing, it is
recommended that the City Council approve the attached Budget and Five-Year Service Plan of the
PID, adopt the attached ordinance levying the proposed assessments and adopt the attached
appropriation ordinance allocating estimated receipts and appropriations to the Fort Worth Public
Improvement District 7—Heritage Fund.
On September 1, 2015, (M&C BH-326) the City Council conducted a public hearing to receive
comments on the proposed 2015-2016 Fiscal Year Budget and Five-Year Service Plan for the
PID. Notice of this benefit hearing was published in the newspaper and mailed to all record
owners of property in the Heritage PID, in accordance with state law.
The improvements and services to be provided in the PID during the 2015-2016 Fiscal Year and
the costs thereof are as follows:
Improvements Total Budgeted
Costs
IManagement Fee $ 162,025.00
lWater F_$ 210,000.00
jUtilities $ 30,500.00
Landscape/Tree $ 1,112,287.00
Maintenance
Fence Maintenance $ 90,000.00
[Common Area $ 10100.00
Con
Maintenance
Fol—iday C1`ght1_4F_ $ 27,000.00-
[Security EEnhancement $ 80,000.00
Public Events $ 85,000.00
Cap itaain�p_ro-vements F $ 288,131.00
[Insurance $ 12,600.00
[Annual Review(Audit) $ 2,000.00
[City Administrative Fee $ 33,208.00
(Budget Expenses $2,233,75-1.00
Estimated�led Operatin
Reserve $ 700,000.00
Total Expenses $2,933,751.00
The total budgeted costs of the improvements are in the amount of$2,933,751.00. Of this amount,
$1,660,389.00 will be funded by assessments collected on privately owned parcels located in the
district by applying a rate of$0.21 cents per each $100.00 of property value for residential property
and $0.11 cents per each $100.00 of property value for commercial property.
The remainder of the costs in the amount of$1,273,362.00 will be funded by other revenue
sources: the amount of$173,362.00 from the City for Payment In-Lieu of Services and the amount
of$1,100,000.00 from prior year's assessments.
The Heritage PID is located in COUNCIL DISTRICTS 4 and 7.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and the adoption of the Fiscal Year 2015-2016 Budget by the City Council to
include the above recommended item(s), funds will be available in the Fiscal Year 2016 operating
budgets, as appropriated, of the Fort Worth Public Improvement District 7—Heritage Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
$173,362.00 4) 10100 5330201 0807071 $173,362.00
28507 4910100 019507002000
28507 4XXXXX 019507002000 $2.933,751.00
28507 5900010 019507002000 $33,208.00
5) $2,933,751.00
28507 5XXXXX 019507002000
6) 10100 4401001 0171000 $33,208.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Allison Gray (8030)
Additional Information Contact: Scott McDonald (6203)
ATTACHMENTS