Loading...
HomeMy WebLinkAboutOrdinance 19313-09-2010ORDINANCE NO. 19313-09-2010 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 6 DURING FISCAL YEAR 2010-11 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 Crty 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. 6 during Fiscal Year 2010-11 and WHEREAS, the boundaries of the improvement district are approximately North Tarrant Parkway on the north, State Highway 377 on the east, Western Center Boulevard on the south, and North Beach Street on the west. WHEREAS, the improvements to be provided are as follows: 1 Maintenance and landscaping 2. Supplemental security services; 3 Capital improvements, 4 Public events program and holiday lighting; 5 Communications newsletter 6 Insurance; 7 District management for the administration and operation of the district; 8 City administration fee; and WHEREAS, the cost of such improvements is as follows: FY2010-2011 Budget Expenses Management Fee 100,246 Water 230,368 Utilities 15,570 Landscape/Tree Maintenance 578,438 Trash.Removal (all other Maint exp) 19 471 Fence Maintenance 118,250 Holiday Lightmg/Decoratton (Repairs) 15,532 Security Enhancement 126,038 Communicattons/Newsletters 18,853 Public Events 25,000 Capital Improvements 89 432 Replacements 10,000 Insurance 19 693 Annual Review (Audit) 2,001 City Administration 23,174 Budget Expenses 1,392,066 Estimated Operating Reserve 339,811 Total Expenses $1,731,877 The total budgeted costs of the improvements are $1 731,877 00 Of this amount, $1 158,683 00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $136,558.00 will be funded by a direct payment from the City for payment in lieu of services, and $436,636 00 from prior year's 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 (BH 248), and is on file in the office of the City Secretary• and WHEREAS, the improvements shall be provided by Premier Communities under a contract with the City of Fort Worth, and WHEREAS, $1 158 683 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 a direct payment from the City of Fort Worth for park maintenance; 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 the following rates per each $100 of property value. Type of Property Rate Residential $0 175 (capped at $0.20) Commercial $0 035 (20% of residential rate) 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 set for a hearing, and the proper notice of the time, place and purpose of said hearing was given and said hearing was held at the time and place fixed therefore, to-wit, on the 7th 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 hearing various protests and objections were made, and all desu-ing to be heard were given a full and fair opportunity to be heard, and the City Council, 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 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 fmds that m 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 m 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 to its, his or her respective interest to the total ownership such property and its, his or her respective interest in such property maybe 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, 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 m 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 may be 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 Texas Local Government Code (the Public Improvements District Assessment Act). SECTION 13. 4 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 m full force and effect. SECTION 14. That this ordinance shall be cumulative of Ordinance No. 15671 and 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 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 APPROVE AS TO FORM D LEGALITY BY Peter Vaky Assistant City Attorney ADOPTED AND EFFECTIVE. September 14, 2010 city of Fort wortn FIVE YEAR SERVICE PLAN Public Improvement District No. 6 Park Glen 19313-09-2010, 19314-09-2010, 19315-09-2010 FY 10/11 FY 11/12 FY 12/13 FY 13/14 FY 14/15 REVENUES Budget Budget Budget Budget Budget Assessment Revenues 1 158 683 1 170,270 1 181 973 1 193 792 1 205 730 City Payment In Lieu of Service 136 558 139,289 132,797 135 453 138,162 Prior Years Assessments 436 636 339,811 337 354 335,379 335,893 Total Revenues $1 731,877 $1 649,370 $1 652,124 $1 664,624 $1 679,785 EXPENSES Management Fee Water Utilities Landscape/Tree Maintenance Trash Removal Fence Maintenance Holiday Lighting Security Patrols Communications\Newsletters Public Events Capital Improvements Replacements Insurance Annual Review (Audit) City Administration Fee Budget Expenses Estimated Operating Reserve Total Expense 100, 246 104, 256 108,426 112, 763 117, 274 230 368 234 975 239 675 244 468 249 358 15 570 15,882 16,199 16 523 16 854 578 438 579 605 581 188 583 554 585 951 19471 19471 19471 19471 19471 118,250 94183 94183 94183 94183 15 532 15 572 15 728 15 885 16,044 126 038 127,298 128,571 129 857 131 156 18 853 19 041 19,232 19 424 19 618 25 000 26,000 26 000 26 000 26 000 89 432 20 416 12,303 10 376 10 671 10 000 10 000 10 000 10 000 10 000 19 693 19 890 20 089 20,290 20 493 2,001 2,021 2,041 2,062 2,082 23 174 23,405 23 639 23,876 24 115 $1,392,066 $1,312,016 $1,316,745 $1,328,731 $1,343,268 339,811 337 354 335 379 335 893 336 517 $1731,877 $1649,370 $1,652,124 $1664,624 $1679,785 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: 'A roved on 9/14/2010 Ord. Nos. 19313-09 2010, 19314-0 0 pp 10, 19315-09=201 ~_.. ~_, DATE Tuesday September 14 2010 REFERENCE NO BH-255 LOG NAME 17PID06BENHEAR2010 SUBJECT Conduct a Public Benefit Hearing for Fort Worth Public Improvement District 6 Concerning the Proposed Budget and Five-Year Service Plan and Proposed Assessment Roll Adopt Ordinance Levying Special Assessments for 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 Agreement with Premier Communities Management Company to Manage the District (Park Glen) (COUNCIL DISTRICT 4) RECOMMENDATION It is recommended that the City Council 1 Hold a public benefit hearing concerning the proposed special assessments on property located in Public Improvement District 6 (Park Glen PID) for Fiscal Year 2010-2011 2. Approve the attached Fiscal Year 2010-2011 budget and five-year service plan for the Park Glen PID 3 Adopt the attached ordinance levying special assessments on property located in the Park Glen PID subject to assessment for the 2010 tax year 4 Authorize the transfer of $136 558 00 from the General Fund to the Special Assessment District Fund (Public Improvement District 6 Fiscal Year 2010-2011 Project Account) for the City's payment in-lieu of services 5 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1 295,241 00 in the Special Assessment District Fund (Public Improvement District 6 Fiscal Year 2010- 2011 Project Account) from available funds 6 Authorize the transfer of $23 174 00 for administrative fees from the Special Assessment District Fund (Public Improvement District 6 Fiscal Year 2010-2011 Project Account) to the Special Trust Fund contingent upon the adoption of the proposed ordinance levying assessments, 7 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $23 174 00 from available funds and 8 Authorize the City Manager to execute an agreement with Premier Communities Management Company to provide management and improvement services for the Park Glen PID during Fiscal Year 2010-2011 for the sum of $100,246 00 Logname• 17PID06BENHEAR2010 Page 1 of 3 DISCUSSION On September 22 1998 the City Council adopted Resolution No 2453 establishing Public Improvement District No 6 (Park Glen 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 2010 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 ordinances allocating estimated receipts to the Park Glen PID's fund On August 24 2010 (M&C BH-248) the City Council conducted a public hearing to receive comments on the proposed 2010-2011 Fiscal Year budget and five-year service plan and budget for the PID Notice of this benefit hearing was published in the newspaper and mailed to all record owners of property in the Park Glen 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 ~~ Total Budgeted Costs nt Fee _~ $100,246 00 __ _ __ __ Water i~ $230 368 00 Utilities ~ $15 570 00 l_andscape/Tree ~ Maintenance ~ _. _ _ $578 438 00 _ _ Trash Remova{ ~~ $19 471 00 ~m ~ - ......_... __. _ _.. .W_...__ .. __..... __- Fence Maintenance ~ $118 250 00 'Holiday Lighting I $15 532.00 'Security Patrols i4 $126 038 00 _ _ -- ;Communications/Newsletters, $18 853 00 ;Public Events , $25 000 00 Capital Improvements,,, ~ _ $89 432 00 rW _ Replacements _ _ ~ $10 000 00 ... _ . Insurance ___ ~ $19 693 00 : i ~ M: Annual Review (Audit) ._ _ .._: $2 001 00 ~:: Cit Administration Fee Y ...~ ~..~ ~ _.. _._.,....~~___~ ........ . $23 174 00 ~... _._.. ~.. ~ ._..... __ _ ,Budget Expenses _ _ $,1,392,066.00 Estimated Operating $339 811 00 .;Reserve Total Expenses ' ~ $1,731 877 00 The total budgeted costs of the improvements and services are $1 731 877 00 Of this amount, $1 158 683 00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0 175 cents to each $100 00 of property value for residential property and $ 035 Logname: 17PID06BENHEAR2010 Page 2 of 3 cents to each $100 00 of property value for commercial property The remainder of the costs, $573 193 00 will be funded by other revenue sources, including $136 558 00 in a direct payment from the City for payment in lieu of services and $436 636 00 from prior years assessments and revenues. The Park Glen PID is located in COUNCIL DISTRICT 4 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 FundlAccount/Centers 7)FE72 511010 017587001000 6) 7) FE72 481306 017587001000 5) GS87 488010 002506002000 5) GS87 488342 002506002000 5) GS87 539120 002506002000 FROM FundlAccount/Centers $23.174.00 6) GS87 539120 002506002000 $23,174.00 ~ GS87 539120 002506002000 $136,558.00 4) GG01 539120 0801000 $1,158.683.00 $1,295,241.00 $23,174.00 $100,246.00 $136.558.00 CERTIFICATIONS Submitted for City Manager's Office bv: Thomas Higgins (6192) Originating Department Head. Jay Chapa (5804) Additional Information Contact: Sylvia Flores (8550) Logname. 17PID06BENHEAR2010 Page 3 of 3