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HomeMy WebLinkAboutOrdinance 19310-09-2010ORDINANCE NO.19310-09-2010 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 2010-11 FIXING 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. 1 during Fiscal Year 2010-11 and WHEREAS, the boundaries of the proposed district are the area bounded by the Burlington Northern Santa Fe RR Tracks on the east Weatherford Street, along Weatherford east to Nichols, north on Nichols to Belknap, west on Belknap to Grove, north on Grove to Bluff west on Bluff to Cummings, north on Cummings to the Trinity River South and West along the east shore of the Trinity River to Tenth Street, east on Tenth St. to Florence; south on Florence to Texas; east on Texas to the western boundary of the Tarrant County College District parking lot, south along the west boundary of the Tarrant County College District parking lot to the north curb of Lancaster Avenue, then east along the north curb of Lancaster Avenue on the south to the Burlington Northern Santa Fe tracks; then north along the Burlington Northern Santa Fe tracks until they intersect with Weatherford Street; and WHEREAS, the improvements to be provided are as follows: 1 A maintenance and landscaping program 2. A marketing program 3 A security program 4 A transportationlplanning program 5 A management program, 6 City administration fee, and WHEREAS, the cost of such improvements is as follows. FY2010-2011 Budget EXPENSES Management Fee (Administrati $ 328 679 00 Water $ 12,500 00 Utilities $ 26 000 00 Landscape/Tree Maintenance $ 58,925.00 Trash Removal (all other Maint $ 1,048,880 00 Fence Maintenance $ Holiday Lighting/Decoration (R~ $ 15 000 00 Security Enhancement $ 80,000.00 Communications/Newsletters $ 20,000 00 Marketing (& Research) $ 422,900 00 Public Events $ 10 000.00 Transportation & Planriing $ 251,670 00 Capitallmprovements $ 5,000.00 Replacements $ Insurance $ 9,500.00 Annual review (Audit) $ 3,500.00 City Administrative Fee $ 34,354.00 Budget Expenses $ 2,326,908.00 Estimated Operating Reserve $ 213,254.00 Total Expenses $ 2,540,162.00 The total budgeted costs of the improvements are $2,540 162 00 Of this amount, $1,528 156 00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $1,012,006 00 will be funded by other revenue sources, including: • $189,518 in a direct payment from the City for payment in lieu of assessments as required by Section A 372.014 (b) of the Texas Local Government Code, which will be appropriated from the General Fund balance by City Council action on September 8, 2009• • $138,498 in direct payments from the City for payment in lieu of services, which will be appropriated from the General Fund balance by City Council action on September 7 2010• • $130 163 m revenues generated by district activities; and • $553,827 from prior year assessments. WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was considered by the City Council on August 24 2010 (M&C BH 247), and is on file in the office of the City Secretary and WHEREAS, the improvements shall be provided by Downtown Fort Worth, Ina ("DFWI") under a contract with the City of Fort Worth, and WHEREAS, $1,528,156 00 of the cost of the improvements shall be assessed against property located in the District and the owners of property and the balance of the difference between the amount to be assessed and the total cost of the project will be paid by other revenues received by DFWI, and WHEREAS, the assessments shall be based on the value of each parcel on January 1 2010 as determined by the City Council, including the value of the structures on other improvements,.with the assessment on each parcel to be determined by applying a rate of $0 1000 cents to each $100 of property value; and WHEREAS, such proposed assessment roll was approved and adopted by the City Council of the City of Fort Worth, and a time and place was fixed for a hearing, and the proper notice of the time, place and purpose of said hearing was given and said hearing was had and held at the time and place fixed therefore, to-wit, on the 7"' day of September 2010 at 7.00 p.m. in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such heanng various protests and objections were made, and all desiring to be heard were given a full and fair opportunity to be heard, and the -City Council of the City having fully considered all proper matters, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Said hearing be, and the same is hereby closed and the said protest and objections, and any and all other protests and objections, whether herein enumerated or not, be and the same are hereby overruled. SECTION 2. The City Council, from the evidence, 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 and that 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, and further finds that in each case the property assessed is specially benefited in enhanced value to the said property by means of the said improvements in the District and for which assessment is levied and charge made, in a sum in excess of said assessment and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improvements is in accordance with the law in force in this City and the proceedings of the City heretofore had with reference to said improvements, and is in all respects valid and regular The City Council, from the evidence, further finds that the values of the respective parcels of property on January 1 2010 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. SECTION 4. Where more than one person, firm or corporation owns an interest in any property described herein, each said person, firm or corporation shall be personally liable only for its, her or his pro rata share of the total assessment against such property in proportion as its, his or her respective interest bears 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 such 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, Subchapter A, Sections 372.018(b) et seq of the Local Government Code (the Public Improvements 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 the said 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 as follows, to-wit: The assessments shall be payable on or before January 31 2011 and shall become delinquent if not paid by February 1 2011 The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1 2011 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 relating to said improvements and assessments thereof and is less than the proportion of the cost allowed and permitted by the law in force in the City SECTION 8. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts herein stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate. Notwithstanding the City Council has -herein reserved the right to issue credits, it shall not be required to issue credits, and will not do so, if same would result in any inequity and/or unjust discrimination. The principal amount of each of the several assessments levied by the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment herein levied such amount or amounts, if any as may hereafter be allowed by the City Council as a credit against the respective assessments. SECTION 9 Full power to make and levy reassessments and to correct mistakes, errors, invalidates or irregularities in the assessments are, in accordance with the law in force in this City vested in the City SECTION 10. All assessments levied are a personal liability and charge against the real and true owners of the property described, notwithstanding such owners may not be named, or maybe incorrectly named. SECTION 11. 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 12. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of Chapter 372, Subchapter A, Sections 372.001 et seq of the Local Government Code (the Public Improvements District Assessment Act) SECTION 13. 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 said remaining provisions shall be and remain in full force and effect. SECTION 14. 4 That this ordinance shall be cumulative of Ordinance No. 15667 and all other ordinances and appropnations amending the same except m 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 15. ordained. This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so APPROVED AS TO FORM AND LEGALITY I ~~~i~~~ Assistant City Attorney ADOPTED• September 14, 2010 EFFECTIVE. September 14, 2010 City of Fort Worth PROPOSED FIVE YEAR SERVICE PLAN Public Improvement District No. 1 Downtown ORDINANCE NOS. 19310-09-2010, 19311-09-2010, 19312-09-2010 REVENUES PID Assessments COFW Assessments City Payment in-lieu of Service PID Generated Revenue,Other Prior Year's assessment Total Revenues EXPENSES Management Fee (Administration) Water Utilities Landscape/Tree Maintenance Trash Removal (all other Maint exp) Fence Maintenance Holiday Lighting/Decoration (Repairs) Security Enhancement CommunicationsfNetysletters Marketing (8, Research) Public Events Transportation & Planning Capital Improvements Replacements Insurance Annual review (Audit) City Administrative Fee Budget Expenses FY10/11 FY11112 FY12/13 FY13/14 FY 14/15 1,528,156 1,558,720 1,590,000 1,621 700 1,654 125 189,518 193,308 197175 201118 205,140 138,498 141,270 144,095 146,972 149,145 130,163 155,780 165,000 175,000 180,000 553,827 213,254 40,000 65,000 70,000 2,540,162 $ 2,262,332 $ 2,136,270 $ 2,209,790 $ 2,258,410 328,679 335,398 341,315 349,402 355,898 12,500 13,000 13,500 14,000 14,500 26,000 27,000 28,000 29,000 29,000 58,925 60,104 61,305 62,532 63,783 1048,880 1057,909 974,405 1,005,906 1024,837 0 0 0 0 0 15,000 15,000 15,000 15,000 15,000 80,000 80,883 83,455 84,840 86,320 20,000 20,000 20,000 20,000 20,000 422,900 381,097 300,000 305,000 310,000 10,000 10,000 10,000 10,000 10,000 251, 670 167,900 168, 546 186, 653 199, 887 5,000 5,000 5,000 5,000 5,000 0 0 0 0 0 9,500 10,000 10,500 11 000 11,500 3,500 4,000 4,500 5,000 5,500 34,354 35,041 35,744 36,457 37,185 2,328,908 $ 2,222,332 $ 2,071,270 $ 2,139,790 $ 2,188,410 Estimated Operating Reserve 213,254 40,000 65,000 70,000 70,000 City of Fort Worth, Texas Mayor and Council Communication _~~. ~~ COUNCIL AGTION: Approved on 9/14/2010 -'Ord. Nos. 19310-09-2010,.19311-09-2010, 19312.09-2010 DATE Tuesday September 14 2010 REFERENCE NO BH-254 LOG NAME 17PID01 BENHEAR2010 SUBJECT Conduct a Public Benefit Hearing for Public Improvement District 1 Concerning the Proposed Budget and Five-Year Service Plan and Proposed Assessment Roll Adopt Ordinance Levying Special Assessments for the 2010 Tax Year Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2010-2011 and Authorize Execution of an Agreement with Downtown Fort Worth Inc. to Manage the District (Downtown) (COUNCIL DISTRICT 9) RECOMMENDATION It is recommended that the City -Council 1 Hold a public benefit hearing concerning the proposed special assessments on property located in Fort Worth Public Improvement District 1 (Downtown) for the 2010-2011 Fiscal Year• 2. Approve the attached 2010-2011 Fiscal Year budget and five-year service plan for the Downtown PID 3 Adopt the attached ordinance levying special assessments on property located in the Downtown PID for the 2010 tax year 4 Authorize the transfer of $138 498 00 from the General Fund to the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2010-2011 Project Account) for the City' spayment in-lieu of services 5 Authorize the transfer of $189 518 00 from the General Fund to the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2010-2011 Project Account) for the City' spayment in-lieu of assessments 6 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1 856 172 00 in the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2010- 2011 Project Account) from available funds, 7 Authorize the transfer of $34 354 00 for administrative fees from the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2010-2011 Project Account) to the Special Trust Fund contingent upon the adoption of the proposed 2010 assessment roll 8 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $34 354 00 from available funds and 9 Authorize the City Manager to execute an agreement with Downtown Fort Worth Inc. to provide management and improvement services for the Downtown F'1D during Fiscal Year 2010-2011 for the sum Logname: 17PIDOIBENHEAR2010 Page 1 of 3 of 328 679 00 DISCUSSION On June 23 2009 the City Council adopted Resolution No 3756-06-2009 (M&C C-23627) re-establishing Fort Worth Public Improvement District No 1 (Downtown PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2010-2011 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 2009 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 appropriation ordinances allocating estimated receipts to the Downtown PID's fund On August 24 2010 (M&C BH-247) the City Council conducted a public hearing to receive comments on the proposed 2010-2011 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 Downtown PID in accordance with State law The improvements and services to be provided in the PID during the 2010-2011 Fiscal Year and the costs thereof are. 'Improvements Communications/Newsletters -- ----- Marketing (& Research) Public Events Transportation & Planning _ ,_ _--- _~e Capital Improvements Total Bud $328 679 00'` $12 500 00'( ~__~_ $26 000 00' $58 925 OO $1 048 880 $15 000 00 __ . $80 00 0 $20 000 00 $422_900 00 $10 000 00 $251 670 00 $5 000 00( $9 500 00~ $3 500 00~' ___ ~.. $34 354 00 $2,326,908 00= $213 254 00 $2,540,162.00 _. ~., ~:~ ,,Insurance Annual review (Audit) -- -_- .City Administrative Fee ', .__ .____ ;Budget Expenses ~ .i Estimated Operatina Reserve otal Ex The total budgeted costs of the improvements are $2,540 162.00 Of this amount, $1 528 156 00 will be funded by assessments collected on privately owned parcels located in the PID by applying a rate of Logname: 17PID01 BENHEAR2010 Page 2 of 3 $0 10 cents to each $100 00 of property value The remainder of the costs, $1 012 006 00 will be funded by other revenue sources, including $189 518 00 in direct payment from the City for payment in lieu of assessments, $138 498 00 in direct payments from the City for payment in-lieu of services $130 163 00 in revenues generated by PID activities and $553 827 00 from prior year's assessments and revenues. The Downtown PID is located in COUNCIL DISTRICT 9 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances funds will be available in the Fiscal Year 2010- 2011 operating budget, as appropriated of the Special Assessment District Fund and the Special Trust Fund FUND CENTERS TO Fund/Account/Centers 7) 8) FE72 481306 017587001000 8)FE72 511010 017587001000 4)6)GS87 488010 002501002000 5) 6) GS87 488010 002501002000 6) GS87 488342 002501002000 6) GS87 539120 002501002000 FROM Fund/Account/Centers $34.354.00 7) GS87 539120 002501002000 $34.354.00 4) GG01 539120 0801000 $138,498.00 5) GG01 539120 0801000 $189,518.00 9) GS87 539120 002501002000 $1, 528,156.00 $1,856,172.00 P. $34,354.00 $138.498.00 $189, 518.00 $328.679.00 CERTIFICATIONS Submitted for City Manager's Office b~• Thomas Higgins (6192) Originating Department Head. Jay Chapa (5804) Additional Information Contact: Sylvia Flores (8550) Logname: 17PIDOIBENHEAR2010 Page 3 of 3