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HomeMy WebLinkAboutOrdinance 19316-09-2010ORDINANCE NO. 19316-09-2010 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 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 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 during Fiscal Year 2010-11 and WHEREAS, the boundaries of the improvement 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. WHEREAS, the improvements to be provided are as follows: 1 district management for the administration and operation of the district; 2. landscaping, construction and maintenance including irngation of plantings and fencing in the district; 3 supplementary security-service provided by off-duty law enforcement personnel, and 4 public events program consisting of recreational activities, special events and holiday lighting. WHEREAS, the cost of such improvements is as follows: FY2010-2011 Budget EXPENSES Management Fee $149 472 Water $240 000 Utilities $29 400 Landscape/Tree 1Vlatntenance $762,295 Fence Maintenance $60 000 Holiday Ltghtmg $25 000 Security Patrols $50 000 Publtc Events $20 000 Capital Improvements $200 000 Common Area Maintenance $87 000 Insurance $3,946 Annual Review $2,000 City Administration $25,862 Budget Expenses $1,654,975 Estimated Operating Reserve $413 744 Total Expenses $2,068,719 The total budgeted costs of the improvements are $2,068,719 00 Of this amount, $1,293 119 00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $775,599 00 will be funded by other revenue sources, including: • $168,545 00 in a duect payment from the City for payment in lieu of services, which was appropriated from the General Fund balance by City Council action on September 7 2010• • $12,000 00 from the districts Builder Assessment of $200 per lot; and • $595,054 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 (M&C BH 249), 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, $1,293 119 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, Builder Assessments of $200 per lot, and prior years assessments, and WHEREAS, the assessments shall be based on the value of each parcel on January 1 2011 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 no more than $0.21 rate per each $100 of residential property value and $0 11 rate per each $100 of commercial 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 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 desiring 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 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 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, 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. 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. That this ordinance shall be cumulative of Ordinance No 15673 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. 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 September 14, 20.10 Assistant City Attorn Adopted Dait~ B~rZS~ ~~f~-'f O September 14. 2010 Effective City of Fort Worth PROPOSED FIVE YEAR SERVICE PLAN Public Improvement District No 7 Heritage ORDINANCE NOS. 19316-09-2010, 1 9317-09-2010, 19318-09-2010 FY 10111 FY 11/12 FY 12/13 FY 13/14 REVENUES PID Assessments 1,293,119 1 422,431 1 564 674 1 721 141 City Payment In-Lieu of Services 168,545 171,916 175,354 178,862 Builder Initiation Fee 12,000 12,120 6,000 3,000 Prior Years' Assessments 595 054 413,744 404 042 430,014 Total Revenues EXPENSES Management Fee Water Utilities Landscape/Tree Maintenance Fence Maintenance Holiday Lighting Security Patrols Public Events Capital Improvements Common Area Maintenance Insurance Annual Review City Administration $2,068,719 $2,020,211 $2,150,070 $2,333,017 149,472 240,000 29 400 762,295 60 000 25,000 50,000 20,000 200,000 87,000 3,946 2,000 25,862 156,066 244,800 29,900 720,225 33, 743 25,000 60,000 25,000 200,000 87,000 3,986 2,000 28,449 Budget Expenses $1,654,975 $1,616,169 Estimated Operating Reserve 413,744 404 042 Total Expenses $2,068,719 $2,020,211 162,954 249 696 30,410 761,340 35,448 25,000 75,000 33,000 200,000 109,870 4 025 2,020 31,293 $1 720,056 430 014 $2,150,070 170 151 254,690 30,930 823,358 34 489 25,000 105,449 41,250 230,000 110,569 4,065 2,040 34 423 $1,866,414 466,603 $2,333,017 FY 14/15 1,893,255 182,439 1,500 466,603 $2,543,797 177,668 259,784 31 461 889 449 50,000 26,000 142,044 51 563 250 000 113,038 4 105 2,061 37,865 $2,035,038 508,759 $2,543,797 City of Fort Worth, Texas Mayor and Council Communication ___ ~ m ~ _ .. _ ~ ~ _ ~ ~ _ __«~: _ COUNCIL ACTION: Approved on 9/14/201`0 - Orcl. Nos. 19316-09-201.0, 19317-09-2010, 19318-09-2010 ,nom ~~ ~ ,n_ ~,~~~ DATE Tuesday September 14 2010 REFERENCE NO BH-256 LOG NAME 17PID07BENHEAR2010 SUBJECT Conduct a Public Benefit Hearing for Public Improvement District 7 Concerning Proposed 2010-2011 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 Premier Communities Management Company to Manage the District (HERITAGE) (COUNCIL DISTRICT 2) RECOMMENDATION It is recommended that the City Council 1 Conduct a public benefit hearing concerning the proposed special assessments on property located in Public Improvement District 7 (Heritage PID) for Fiscal Year 2010-2011 2 Approve the attached 2010-2011 Fiscal Year budget and five-year service plan for the Heritage PID• 3 Adopt the the attached ordinance levying special assessment on property in the Heritage PID subject to assessment in the 2010 tax year 4 Authorize the transfer of $168 545 00 from the General Fund to the Special Assessment District Fund (Public Improvement District 7 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 $1 461 664 00 in the Special Assessment District Fund (Public Improvement District 7 Fiscal Year 2010- 2011 Project Account) from available funds 6 Authorize the transfer of $25 862 00 for administrative fees from the Special Assessment District Fund (Public Improvement District 7 Fiscal Year 2010-2011 Project Account) to the Special Trust Fund contingent upon the adoption of the attached ordinance levying assessments, 7 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $25 862.00 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 Heritage PID during Fiscal Year 2010-2011 for the sum of $149 472 00 Logname: 17PID07BENHEAR2010 Page 1 of 3 DISCUSSION On September 26 2000 the City Council adopted Resolution No 2675 (M&C G-13021) establishing Fort Worth Public {mprovement District No 7 (Heritage PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2010-2011 Fiscal Year budget and five-year service plan for the PID and the proposed assessments to be levied on each property in the PID for the 2010 tax year Following the public hearing it is recommended that the City Council approve the attached budget and five-year service plan of the PID adopt the attached ordinance levying the proposed assessments and adopt the attached appropriation ordinances allocating estimated receipts to the Heritage PID's fund On August 24 2010 (M&C BH-249) the City Council conducted a public hearing to receive comments on the proposed 2010-2011 Fiscal Year budget and five-year service plan for the PID Notice of this benefit hearing was published in the newspaper and mailed to all record owners of property in the Heritage PID in accordance with State law The improvements and services to be provided in the PID during the 2010-2011 Fiscal Year and the costs thereof are Improvements Total Budgeted Costs nagement Fee ,( ,$,149 472 00 Ater ~Y$240 000 00 ISecurity Patrols '~ $50 000 00, Public Events ~ $20 000 00 . _ _ ~_~_ . Capital Improvements ..v ~ $200 000 00 Common Area ~ ` ~ $87 000 00 Maintenance Insurance ~ $3 946 00 m_. W~ _.. _..:::::: _ ~ ~. - - _ Annual Review ; ~ $2 000 00 Citv Administration ~ $25 862 00 s !~ $1,654,975.00 Estimated Operating $413 744 00' Reserve Total Expenses $2,068,719 00 The total budgeted costs of the improvements are $2,068 719 00 Of this amount, $1,293 119 00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0 21 cents to each $100 00 of property value for residential property and $0 11 cents to each $100 00 of property value for commercial property The remainder of the costs, $775 599 00 will be funded by other revenue sources including $168 545 00 in a direct payment from the City for payment in lieu of services, Logname: 17PID07BENHEAR2010 Page 2 of 3 $12 000 00 from the District's Builder Assessment of $200 00 per lot; and $595 054 00 from prior year's assessments. The Heritage PID is located in COUNCIL DISTRICT 2. 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 6) 7) FE72 481306 017587001000 FE72 511010 017587001000 4)5)GS87 488010 002507002000 5) GS87 488342 002507002000 GS87 539120 002507002000 FROM Fund/AccountlCenters $25,862.00 6) GS87 539120 002507002000 $25,862.00 8) GS87 539120 002507002000 $168.545.00 4) GG01 539120 0801000 $1,293,119.00 $1,461,664.00 $25,862.00 $149,472.00 $168, 545.00 CERTIFICATIONS Submitted for City Manager's Office bv: Thomas Higgins (6192) Originating Department Head. Jay Chapa (5804) Additional Information Contact: Sylvia Flores (8550) Logname: 17PID07BENHEAR2010 Page 3 of 3