HomeMy WebLinkAboutContract 30874 CITY SECRETARY
CONTRACT NO
CONTRACT FOR IMPROVEMENT AND/OR SERVICES
IN THE FORT WORTH IMPROVEMENT DISTRICT NO. 6
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, on September 22, 1998, the City Council of the City of Fort Worth, Texas,
adopted Resolution No. 2453 which established a public improvement district under Chapter
372, Local Government Code, which district is known as the Fort Worth Improvement District
No 6 (the "District"); and
WHEREAS, the City of Fort Worth (the "City") is authorized to utilize the District to
undertake improvements and/or services that confer special benefits on the part of the City within
the District; and
WHEREAS, the City Council is authorized to levy and collect special assessments on
property in the District, based on the special services conferred by the improvements and/or
services, to pay the cost of such improvements and/or services; and
WHEREAS, the City now desires to enter into a contract for certain improvements
and/or services in the District which improvements and/or services shall consist of maintenance
of landscaping, fencing and irrigation systems as well as all other services stated in the approved
Service Plan and Budget for the District; and
WHEREAS, such improvements and/or services constitute a supplement to standard City
services and an added increment of service to provide other special benefits and services which
will enhance the vitality and quality of the District; and
WHEREAS, Premier Communities Management Company, Incorporated, (the
"Contractor") has agreed to assist the City by providing, furnishing, or performing the aforesaid
improvements and/or services; and
WHEREAS, the City and the Contractor mutually desire to enter a contract whereby; for
the consideration stated below, the Contractor will provide, furnish, or perform such
improvements and/or services as further detailed herein.
NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and
agreements contained herein, the City, acting by and through Richard Zavala, its duly authorized
Assistant City Manager, and the Contractor, acting by and through Cindy Huey, its duly
authorized President, do hereby covenant and agree as follows:
I.
Enenement of Contractor
The City hereby engages the Contractor, and the Contractor hereby agrees to provide,
furnish, or perform the improvements and/or services to be provided in the District, as described
in this contract and all attachments hereto.
II.
Scone of Services by Contractor
The overall scope and approach of the improvements and/or services to be provided,
furnished, or performed by the Contractor are more fully set forth in the approved Service Plan
and Budget on file in the office of the City Secretary of the City and which is incorporated herein
by reference for all purposes. Such improvements and/or services shall be performed in
compliance with Chapter 372 of the Texas Local Government Code. Such
improvements/services shall consist of the following:
(a) Oversee the bidding and awarding of contracts for the maintenance and/or repair
of landscaping, irrigation, fencing systems and other public improvements;
(b) Monitor work performed by subcontractors to ascertain that all work is performed
completely, professionally, and with the appropriate level of quality and to make
whatever changes are necessary to achieve these objectives;
(c) Prepare annually a five-year Service Plan and Budget to be approved by the City
Council; and
(d) Maintain a full and accurate accounting of disbursements for reimbursement from
District revenues.
The Contractor shall commence, carry on, and provide such improvements and/or
services with all practicable dispatch, in a sound, economical, and efficient manner, in
accordance with this contract and its attachments and all applicable laws. In providing such
improvements and/or services, the Contractor shall take steps as are appropriate to insure that the
work involved is properly coordinated with related work being performed by the City.
The Contractor represents that it has, or will secure at its own expense, all materials,
supplies, machinery, equipment, accessories, and services necessary to provide such
improvements and/or services in accordance with all of the requirements of the Contractor's Plan
of Service and Budget. The Contractor's personnel shall not be employees of or considered under
any contractual relationship with the City. Unless otherwise specifically provided herein, all of
the improvements and/or services required hereunder will be performed by the Contractor or
under the Contractor's supervision, and all personnel engaged by the Contractor shall be fully
qualified to perform such improvements and/or services. In addition, Contractor shall ensure that
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all its employees engaged to perform services under this Contract shall not be convicted of a
crime of moral turpitude.
III.
The City's Duties and Responsibilities
A. The City shall provide the following services in connection with operation of the District
and the performance of this contract:
1. Levying and collecting assessments and recording the same in a separate revenue
account;
2. Making payments to the Contractor from special assessment revenues;
3. Maintaining the same level of services in the District as that which the City
provides in a comparable area of the City;
4. Maintaining complete and detailed records concerning any expenditure of special
assessment revenues, which are made through City departments, boards, or
agencies;
5. Retaining and expending revenues from special assessments, penalties, interest,
and investment income thereon solely in the District;
6. Preparing an annual report of delinquent property assessments and liens thereon to
be assigned to the City's delinquent tax collection attorney;
7. Making regular reports to the Contractor concerning delinquent assessments and
making billings thereon as necessary; and
8. Producing an annual assessment roll of property owners and property within the
District.
B. The City shall have no financial obligation to the District other than levying and
collecting the assessments levied by the District, except as provided in Paragraph A.3
above, and paying for improvements and/or services that the Contractor performs in the
District, subject, however, to the provisions of Sections VI and VII hereof.
IV.
Amendments to Contract
This contract shall not be considered to be modified, altered, changed, or amended in any
respect unless the same is done in writing and is signed by both parties.
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V.
Term
The initial term of this contract will be for a period of twelve (12) months, beginning
October 1, 2004. This contract may be extended for additional one-year terms beyond the initial
term upon mutual agreement of both parties. An extension shall be in the form of an amendment
to the contract. The compensation for contract extensions may be adjusted in accordance with
the annual Service Plan and Budget approved by the City Council. The agreement between both
parties to exercise the extension option must be completed at least thirty (30) days prior to the
end of the current contract term.
VI.
Payments to Contractor
A. The budget summary and forecast for the District is attached as Exhibit A.
* the $37,516 difference between costs and assessments reflects a direct
reimbursement from the City of Fort Worth for park maintenance.
B. The City shall pay the Contractor monthly, when assessment revenue is collected, for all
appropriate expenses incurred by the Contractor upon presentation by the Contractor, and
review and approval by the City, of documents evidencing payments for District services;
provided, however, such payments shall not exceed assessments actually collected.
C. Periodically, but not more frequently than monthly, the Contractor shall present to the
City an invoice, a report of services rendered and documents evidencing payments made
for District services, and the City shall pay the Contractor within fifteen (15) business
days for District services within the limit of assessments actually collected.
D. The Contractor shall make a periodic work report, no less than quarterly, to the City
Manager or his designated representative. This work report shall detail all of the
Contractor's significant work activities. The format of the report shall be mutually agreed
upon by the Contractor and the City Manager. Payments to the Contractor may be
withheld if the report is not received. The City Manager, or his designated representative,
shall have the right to verify that the report is complete and accurate.
E. The City and the Contractor acknowledge that the budget summary and forecast may be
amended from time-to-time. As such amendments occur and are adopted by City Council
resolution, the amendments shall be incorporated herein by reference and shall govern
payments made by the City to the Contractor.
VII.
Availability of Funds
4 _ ..._. ....
If funds from special assessments are not available or are insufficient for the City to make
the payments due hereunder, the City will immediately notify the Contractor of such occurrence.
In the event of such an insufficiency, the City and the Contractor shall meet and attempt to
negotiate an amendment to this contract so that the scope of improvements and/or services to be
provided by the Contractor may be reduced to correspond to the amount of available funds. If
such an amendment cannot be successfully negotiated, the Contractor shall have the right to pay
the deficit (on a non-reimbursable basis), in which case this contract shall continue. If such an
amendment, cannot be successfully negotiated and the Contractor does not elect to fund the
deficit, either party may terminate this contract upon thirty(30) days advance written notice.
VIII.
Discrimination by Contractor
A. The Contractor, in the execution, performance, or attempted performance of this contract,
will not discriminate against any person or persons because of sex, race, religion, color or
national origin, nor will the Contractor permit its officers, agents, employees or
subcontractors to engage in such discrimination.
B. This contract is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 ("Employment Practices"), of the City Code
of the City of Fort Worth, and Contractor hereby covenants and agrees that the
Contractor, its officers, agents, employees and subcontractors, have fully complied with
all provisions of same and that no employee or applicant for employment has been
discriminated against under the terms of such ordinances by either the Contractor, its
officers, agents, employees or subcontractors.
IX.
Disadvantaged Business Enterprise Policy
The City has adopted goals for the participation of minority/women business enterprises
(M/WBE) in City contracts through Ordinance No. 11923. Compliance by the Contractor with
the terms of this ordinance and any amendments thereof is mandatory; failure by the Contractor
to comply with such policies shall constitute a breach of this contract and shall be grounds for
termination by the City. Any subcontracts to be performed hereunder shall also be subject to
provisions of the City policies concerning goals for M/WBE participation in City contracts.
X.
Contractor Liability
The Contractor shall assume full liability for any damages to any public or private
property which is due to the negligence of Contractor, its subcontractors, agents, permitees or
assigns.
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XI.
Personal Liability of Public Officials
No employee of the City, nor any other agent of the City, shall be personally responsible
for any liability of the Contractor under the terms of this contract.
XII.
City Not Liable for Delay
It is further expressly agreed that in no event shall the City be liable or responsible to the
Contractor or any other person for or on account of any stoppage or delay in the work herein
provided for by injunction or other legal or equitable proceedings, or from or by or on account of
any delay for any cause over which the City has no control.
XIII.
Indemnification
A. THE CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS
OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING DEATH, TO ANY
AND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT OR
NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS,
AND THE CONTRACTOR DOES HEREBY ASSUME ALL LIABILITY AND
RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR THE DAMAGES
TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT
OF THE PERFORMANCE OF THIS CONTRACT AS A RESULT OF ANY
NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE PART OF THE
CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR
SUBCONTRACTORS. SUCH INDEMNIFICATION SHALL INCLUDE
WORKERS' COMPENSATION CLAIMS OF OR BY ANYONE WHOMSOEVER
IN ANY WAY RESULTING FROM OR ARISING OUT OF THE
CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTION
HEREWITH, INCLUDING OPERATIONS OF SUBCONTRACTORS.
B. CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS
THE CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY
ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL NEGLIGENT
ACTS OR NEGLIGENT OMISSIONS OF CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, CONTRACTOR, SUBCONTRACTORS, LICENSEES
OR INVITEES.
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C. Insurance coverage specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of the Contractor under the terms
of this contract. The Contractor shall procure and maintain, at its own cost and expense,
any additional kinds and amounts of insurance that, in its own judgment, may be
necessary for proper protection in the prosecution of its work.
XIV.
Independent Contractor
It is expressly understood and agreed that Contractor shall perform all work and services
described herein as an independent contractor and not as an officer, agent, servant or employee of
the City; that Contractor shall have exclusive control of the details of the services and work
performed hereunder, and all persons performing the same; and shall be solely responsible for the
negligent acts and negligent omissions of its officers, agents, employees, contractors and
subcontractors; that the doctrine of respondent superior shall not apply as between City and
Contractor, its officers, agents, employees, contractors and subcontractors; and that nothing
herein shall be construed as creating a partnership or joint enterprise between City and
Contractor. No person performing any of the work and services described hereunder shall be
considered an officer, agent, servant or employee of the City.
XV.
Insurance
The Contractor shall not commence work under this contract until it has obtained all the
insurance required under the contract and such insurance has been approved by the City.
Contractor shall be responsible for delivering to the City the Contractor's certificate of insurance
for approval. The City shall be endorsed as an additional insured in Contractor's insurance
policies. Contractor shall indicate on the certificate of insurance whether or not its insurance
covers subcontractors. It is the intention of the City that the insurance coverage required herein
shall include the coverage of all subcontractors.
A. COMPENSATION INSURANCE: The Contractor shall maintain during the life of this
contract, Workers' Compensation Insurance on all of its employees to be engaged in work
under this contract and for all subcontractors in accordance with the Workers'
Compensation statute. In case any class of employees engaged in hazardous work under
this contract is not protected under the Workers' Compensation statute, the Contractor
shall provide adequate employer's general liability insurance for the protection of such
employees not so protected.
B. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall
procure and shall maintain during the life of this contract a commercial general liability
insurance policy in an amount of not less than $1,000,000 covering each occurrence with
an aggregate limit of$2,000,000.
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C. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The
Contractor shall procure and maintain, during the life of this contract, comprehensive
automobile liability in an amount not less than $1,000,000 for each accident. This policy
shall cover any automobile used in the course of this contract.
D. SCOPE OF INSURANCE: The insurance required under the above paragraphs shall
provide adequate protection for the Contractor and its subcontractors, respectively,
against damage claims which may arise from operations under this contract, whether such
operations be by the insured or by anyone directly or indirectly employed by the insured.
All insurance requirements made upon the Contractor shall apply to subcontractors
should the Contractor's insurance not cover the work operations of subcontractors.
E. LOCAL AGENT FOR INSURANCE: The insurance company with whom the
Contractor's insurance is written shall be represented by an agent or agents having an
office located within the Fort Worth-Dallas metropolitan area. Each such agent shall be
duly qualified, upon whom service or process may be had, and must have authority and
power to act on behalf of the insurance company to negotiate and settle with the City, or
any other claimant, any claims that the City, or any other claimant, or any property owner
who has been damaged may have against the Contractor or insurance company. The
name of the agent or agents shall be set forth on all certificates of insurance. Contractor
shall keep the required insurance in full force and effect at all times during the term of,
this contract and any renewals thereof. Contractor shall furnish to City a certificate of
insurance on a form furnished and approved by the City, evidencing that Contractor has
obtained the required insurance coverage. All policies must provide that they may not be
changed or canceled by the insurer in less than five (5) days after the City had received
written notice of such change or cancellation. Such insurance amounts may be revised
upward at City's request, and Contractor shall revise such amounts within thirty(30) days
after receipt of such request.
XVI.
Laws to be Observed
The Contractor at all times shall observe and comply with all federal and state laws, local
laws, ordinances, orders and regulations of the federal, state, county or city governments. The
federal, state and local laws, ordinances and regulations which affect those engaged or employed
in the work or equipment used in the work, or which in any way affects the conduct of the work,
and no pleas of misunderstanding will be considered on account of ignorance thereof.
XVII.
Taxes
The Contractor shall pay all federal, state and local taxes that may be chargeable against
the performance of this work.
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XVIII.
Permits
Before proceeding with the work hereunder, the Contractor shall obtain and pay for any
necessary permits and licenses, whether issued by the state, county or City, and furnish proof
thereof.
XIX.
Character of Workmen and Work
The Contractor and the Contractor's employees including subcontractors shall be
competent and careful workmen skilled in their respective trades. The Contractor shall not
employ any person who repeatedly engages in misconduct or is incompetent or negligent in the
due and proper performance of his duties. The City shall retain the right to require the Contractor
to remove any employee who is guilty of misconduct toward the public or is in any way
discourteous to the public. This work is being performed for the public benefit and it is
necessary that it be performed in an acceptable manner and at a satisfactory rate of progress.
XX.
Equipment
The Contractor shall at all times maintain its equipment in a clean, serviceable condition.
All equipment shall be properly licensed and inspected and clearly marked with the Contractor's
name. The continued use of unserviceable and improper equipment shall be considered a breach
of contract.
XXI.
Assigning or Subletting the Contract
The Contractor shall not assign its rights and obligations under this contract. The
Contractor may, however, subject to all the provisions of this contract and with written approval
of the City Manager, enter into subcontracts. No subcontract shall under any circumstances
relieve the Contractor of its liability and obligations under the contract; all transactions will be
made through the Contractor. Such subcontractors will be recognized and dealt with only as
workmen and representatives of the Contractor. Any subcontracts shall be subject to the
provisions of Section IX hereof.
XXII.
Breach of Contract
All terms, conditions and specifications of the contract shall be considered material, and
failure to perform any part of the contract shall be considered breach of contract. Should the
Contractor fail to remedy and breach of contract within fourteen (14) days after written
notification to the Contractor of the violation, the City may, at its option and in addition to any
other remedies available to it under law, terminate the contract. This contract shall not be
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terminated, however, if the Contractor has commenced to cure the breach within said fourteen
(14) day period, and thereafter pursues such cure with reasonable diligence and in good faith.
Notwithstanding the above, City may terminate this Contract with or without cause upon
thirty(30) days prior written notice to Contractor, provided that such termination shall be without
prejudice to any other remedy the City may have. In the event of termination, any work in
progress will continue to completion unless specified otherwise in the notice of termination. The
City shall pay for any such work in progress that is completed by Contractor and accepted by the
City.
XXIII.
Contract Administration
The City Manager shall designate a representative to administer this contract. The City
assigns to the Contractor the responsibility to perform the administrative, supervisory and
management tasks for the District as set forth in this contract and the Budget and Plan of Service,
which are on file in the office of the City Secretary. The Contractor shall be responsible for
operation, oversight and supervision of the landscaping, construction, maintenance and
management programs.
XXI V.
Information
The Contractor shall, at such time and in such form as City may require, furnish periodic
information concerning the status of the project and such other statements, certificates and
approvals relative to the project as may be requested by the City.
XXV.
Books and Records
The Contractor shall maintain complete and accurate records with respect to costs
incurred under the contract. All such records shall be maintained on a generally accepted
accounting basis and shall be clearly identified and readily accessible. The Contractor shall
provide representatives of City or its appointees free access to such books and records, at all
proper times, in order that they may examine and audit the same and make copies thereof. The
Contractor shall further allow the City and its representatives to make inspections of all work
data, documents, proceedings and activities related to this contract. Such right of access and
audit shall continue for a period of three (3) years from the date of final payment under this
contract.
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XXVI.
Performance Audit
City shall have the right to conduct a performance audit and evaluation of Contractor at
such times, as City deems necessary. The Contractor shall fully cooperate with any such
performance audit. The City may employ consultants at the City's expense to assist City in the
audit. The Contractor agrees to give the City and its consultants access to all reports, data,
schedules, etc., which may be required to conduct said performance audit.
XXVII.
Notices
Any notices, bills, invoices or reports required by this contract shall be conclusively
determined to have been delivered three (3) business days after it is deposited in the United
States mail, in a sealed envelope with sufficient postage attached, to the addresses listed below:
City of Fort Worth Premier Communities Management Company, Inc.
Attn: City Manager Attn: Cindy Huey, President
1000 Throckmorton Street 2711 North Haskell, Suite 2650
Fort Worth, Texas 76102-6311 Dallas, TX 75204-2901
XXVIII.
Headings Disregarded
The titles of the several sections, subsections and paragraphs set forth in this contract are
inserted for convenience of reference only and shall be disregarded in construing or interpreting
any of the provisions of this contract.
XXIX.
Venue and Jurisdiction
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this contract, venue for said action
shall lie in Tarrant County, Texas. This contract and any action in connection herewith shall be
governed, construed and enforced by the laws of the State of Texas.
XXX.
Severability
In case any one or more of the provisions contained in this contract shall, for any reason,
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision of this contract which contract shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
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XXXI.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this
contract or to exercise any waiver or right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right on any
future occasion.
XXXII.
Entirety of Agreement
This written instrument and all attachments incorporated herein by reference constitute
the entire agreement by the parties hereto concerning the work and services to be performed
hereunder, and any prior or contemporaneous oral or written agreements which purport to vary
from the terms hereof shall be void.
XXXIII.
Effective Date
This contract is made and entered as of October 1, 2004.
WITNESS the following signature and seals this day of , 2004.
CITY OF FORT WORTH, TEXAS PREMIER COMMUNITIES
MANAGEMENT COMPANY, INC.
By: By: ('� A
Ri hard Zavala, Acting Assistant City Manager Cindy Huey, r sident
Date: Date:
APPROVED AS TO FORM AND ATTEST:
LEGALITY:
By:—Zy By:
Assistant City Attorney Marty Hendrix, Chy Secretary
Date: Date: l L
ELI- i l
Contract author zatioa - -
1 12 n
Date p _ --
REVENUE PROJECTIONS FY 04/05 FY 05/06 FY 06/07 FY 07/08 FY 08/09
Assessment 1,053,947 1,077,507 1,092,263 1,099,524 1,074,325
City Reimbursement 37,516 38,500 39,500 41,000 43,500
Total Revenue 1,091,463 1,116,007 1,131,763 1,140,524 1,161,325
EXPENSE PROJECTIONS
PID 6 Management 49,500 51,000 52,500 53,000 54,500
Office Expense&website 4,800 5,000 5,200 5,400 5,600
Insurance 22,000 22,500 23,000 23,500 24,000
City Administration 22,000 23,000 24,000 27,000 28,000
Contingency 10,000 10,000 10,000 10,000 10,000
Public Events 25,000 25,250 25,500 25,750 28,000
Officer Patrols 105,000 108,000 110,000 113,000 115,000
Replacement Reserves 20,000 20,000 20,000 20,000 20,000
Electricity 13,000 14,000 14,500 15,000 15,500
Electrical Maintenance. 5,000 5,000 5,000 5,000 5,000
Holiday Lighting 13,000 14,000 14,500 15,000 15,500
Water 123,000 126,000 127,000 128,000 129,000
Irrigation Maintenance 60,000 60,000 60,000 60,000 60,000
Mowing,landscape,horticultural 406,166 410,000 415,000 420,000 425,000
Trash removal&creek cleaning 14,860 15,257 15,563 15,874 16,225
Tree Maintenance 61,872 62,000 63,000 64,000 65,000
Fence Maintenance 42,585 105,000 107,000 110,000 115,000
Capital Improvement 93,680 40,000 40,000 30,000 30,000
TOTAL EXPENSES 1,091,463 1,116,007 1,131,763 1,140,524 1,161,325
City Reimbursement (37,516) (38,500) (39,500) (41,000) (43,500)
NET EXPENSES 1,053,947 1,077,507 1,092,263 1,099,524 1,117,825
Sample Assessment® $0.17/$100.00
Assessment
Home valued® $100,000 $170.00
Home valued® 150.000 $255.00
Home valued® 200,000 $340.00
Home valued® 250,000 $425.00
NOTES:
1.PID MANAGEMENT DOES NOT INCLUDE ANY MANAGEMENT FEES FOR HOMEOWNER ASSOCIATIONS
2.CITY ADMINISTRATION FEE IS CALCULATED AT 2%OF THE ANNUAL BUDGET
3.PUBLIC EVENTS ARE SCHEDULED ANNUAL SOCIAL&FIREWORKS DISPLAY&QUARTERLY NEWSLETTER
4.REPLACEMENT RESERVES ESTABLISHED FOR FUTURE MAJOR REPLACEMENT OF FENCE/IRRIGATION
5.IRRIGATION SYSTEM MAINTENANCE DUE TO AGE AND HISTORY OF REQUIRED MAINTENANCE REPAIRS
6.MOWING/LANDSCAPING EXPENSE REDUCED BY REDUCING THE LABOR&RESCHEDULING
WITHOUT COMPROMISING THE LEVEL OF SERVICE AND INCREASED THE AREAS OF SERVICE.
7.TREE CARE INCREASE DUE TO HIGHER COST OF LABOR/EQUIPMENT TO PRUNE MA1 AND
PRUNING OF TREES IN COMMON AREAS NOT INCLUDED IN PREVIOUS YEARS.
8.FENCE MAINTENANCE DECREASE DUE TO LESS REQUIREMENT FOR NEXT 12 MONTHS AND DEFER THE
MAJOR REPLACEMENT UNTIL RESERVES INCREASE.
9.CAPITAL IMPROVEMENT INCREASE FOR FENCE INSTALLATION ON PREWETT AFTER SCHEDULED
PREWETT RD.CONSTRUCTION IN LATE 2005 AND PLANNED ELECTRICAL INSTALLATION ON No.BEACH
AND No.TARRANT PKWY.
elf S
Exhibit "A"
.•��.,i%cL1uc5L iNUVICw Pagel of 2
COUNCIL ACTION: Approved on 8/31/2004 -Ordinance No. 16103
DATE: 8/31/2004 REFERENCE NO.: G-14481 LOG NAME: 13PID6PUBHEAR
CODE: G TYPE: NON-CONSENT PUBLIC YES
HEARING:
SUBJECT: Public Hearing Fort Worth Public improvement District No. 6 (PARK GLEN), Adopt a Budget and
Service Plan, Authorize a Contract with Premier Communities to Provide Management Services
for the District, Adopt an Ordinance Appropriating Certain Funds for the District, Adopt a
Proposed Assessment Roll and Set a Benefit Hearing Date for Fiscal Year 2004-2005
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the plan of services and budget for FY 2004-2005; and
2. Adjourn such public hearing; and
3. Approve the attached service plan and budget for FY 2004-05 as recommended by the Advisory
Body of PID 6; and
4. Authorize the transfer of$37,516 from the General Fund to the Special Assessment District Fund,
PID No. 6, FY 2004-2005 project account contingent upon the adoption of the FY 2004-2005
proposed budget; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$37,516 in the Special Assessment District Fund from available funds contingent upon the
adoption of the FY 2004-2005 proposed budget; and
6. Adopt the proposed 2004 assessment roll, which is on file with the City Secretary and set Tuesday,
September 21, 2004, at 10:00 a.m. in the City Council Chamber as the time and place for the benefit
hearing; and
7. Direct the City Secretary to give notice of the September 21, 2004, hearing in accordance with
State Law; and
8. Approve adding to the 2004-2005 budget, as contingency, any unencumbered revenues from the PID
No. 6 assessments from prior years; and
9. Authorize the transfer of$22,000 for administrative fees from the Special Assessment District Fund,
PID 6, FY 2004-05 project account to the General Fund contingent upon the adoption of the proposed
2004 assessment roll; and
10. Authorize the City Manager to execute a contract with Premier Communities to provide improvements
and services in the PID No. 6 during FY 20042005 for the sum of$1,091,463 contingent upon the
adoption of the proposed 2004 assessment roll and related appropriation ordinance-
w
http://www.cfwnet.org/council_packet/mc review.asp?refnum= -14481 r9rX712004
M&C Request Review Page 2 of 2
DISCUSSION:
On September 29, 1998 (M&C G-12341), the City Council established Fort Worth Public Improvement District
No. 6.
State law requires an annual report on the plan of services and proposed budget, which are included as part
of this Mayor and Council Communication.
The general nature of the proposed improvements and/or services to be provided by the district shall include:
a. An improvement district landscaping, construction and maintenance program consisting of the planting
and maintenance of special supplemental landscaping, the maintenance of supplemental irrigation
systems, and park maintenance; and
b. Special fencing in and along boulevards, parks and open spaces; and
c. Supplementary security service provided by off-duty law enforcement personnel; and
d. An improvement district management program to provide for the administration, management and
operation of the district.
PID No. 6 is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of the above recommendations, funds will
be available in the FY 2004-2005 operating budget, as appropriated, of the Special Assessment District
Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
(6)GG01 481306 0134010 $22,000.00 (6) GS87 539120 002506002000 $22,000.00
f4)-L5) (7) GS87 539120 002506002000 $1,091,463.00
GS87 472001 002506002000 $37,516.00
(4) GG01 538070 0905800 $37,516.00
(5)GS87 539120 002506002000 $37,516.00
Submitted for City Manager's Office by: Charles Boswell (8511)
Originating Department Head: Jim Keyes (8517)
Additional Information Contact: Skipper Shook (8518)
ATTACHMENTS �r'�,� 1 �L '1'�,
PID6 2004bud et.xls
PID6 2004publicHearing0rdinance.doc U
http://www.cfwnet.org/council_packet/mc_review.asp?refnum=G-14481 9/27/2004