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HomeMy WebLinkAboutOrdinance 19319-09-2010ORDINANCE NO. 19319-09-2010 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 8 DURING FISCAL YEAR 2010-11, SETTING CHARGES AND LIENS AGAINST PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF PROVH)ING 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. 8 during Fiscal Year 2010-11 and WHEREAS, the district consists of the area that includes all commercial land use areas along the Camp Bowie Boulevard corridor from University Drive on the east (excluding Museum Place Holdings) to Alta Mere Drive (on the west) all commercial land use areas along the Spur 580 corridor between Camp Bowie Boulevard (on the east) and Loop 820 (on the west) and WHEREAS, the improvements/services to be provided are as follows: 1 a coordinated marketing and promotion program to attract increased customer traffic to the entire district. This program would likely include coordinated advertising, special events, promotions, seasonal programs, and other coordinated efforts. 2. a coordinated communication program to assure that businesses of the area benefit from shared information about security infrastructure improvements, transportation improvements, capital improvement programs, opportunities to coordinate marketing and promotions, and other opportunities where business awareness and information can help business. 3 ongoing cooperation with local governments, neighborhood groups, foundations, universities, and others to assist with obtaining grants or other special funding to undertake studies, landscape improvements, street improvements, signs and banner programs, and other streetscape amenities. 4 special cooperative programs with area neighborhoods, schools, museums, and other institutions to assure that the business, residential and civic organizations all work together to identify programs that enhance the economic vitality and livability of the great Camp Bowie Boulevard corridor 5 various capital improvements to the street including landscaping, sidewalks, signs, banners, and other information, and WHEREAS, the cost of such improvements is as follows. FY2010-2011 Budget EXPENSES Management Fee $73 400 Landscape & Maintenance $92,650 Comm/Newsletters $10 000 Marketing $33 000 Economic Development $73 223 Public Events $110 000 Capital Improvements $185 000 Professional Services $98 000 Insurance $4 100 Audit $8 500 City Administrative Fee 7 340 Budget Expenses $695,213 Estimated Operating Reserve 81 787 Total Expenses $777 000 The total budgeted costs of the improvements are $777,000 00 Of this amount, $367 000 00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $410,000 00 will be funded by un-used 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 250) and is on file in the office of the City Secretary• and WHEREAS, the improvements shall be provided by the Camp Bowie District, Inc. under a contract with the City of Fort Worth, and WHEREAS, $367 000 00 of the cost of the improvements shall be assessed against property located in the District and the owners of property 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 10 per each $100 of property value: 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. 2 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 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 2010 and shall become delinquent if not paid by February 1 2010 The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1 2010 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 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. 15675 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, mwhich instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. 4 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 Assistant City Attorney September 14, 2010 Adopted ,8~t-257 9-/~f ~o Bates" September 14, 2010 Effective City of Fort Worth PROPOSED FIVE YEAR SERVBCE PLAN Public Improvement District No. 8 CAMP BOWIE ORDINANCE NOS 19319-09-2010 19320-09-2010 19321-09-2010 FY10/11 FY11/12 FY12/13 FY13/14 FY14i15 REVENUES PID Assessment $367 000 $380 000 $385,000 $390 000 $395,000 Prior Year's Assessment $410,000 $81,787 $20,787 $41,287 $62,187 Total Revenues $777,000 $467 787 $405,787 $431,287 $457 187 EXPENSES Management Fee $73,400 $76 000 $77 000 $79 000 $80,000 Landscape & Maintenance $92,650 $75 000 $65,000 $65,000 $65 000 Comm/Newsletters $10 000 $8,000 $8 000 $8,000 $8,000 Marketing $33,000 $15,000 $15 000 $15 000 $15 000 Economic Development $73,223 $66,000 $30 000 $30,000 $30 000 Public Events $110 000 $85 000 $85,000 $80 000 $80 000 Capital Improvements $185,000 $30 000 $3,000 $5 000 $5,000 Professional Services $98,000 $65,000 $60 000 $65,000 $70 000 Insurance $4 100 $4 700 $4,900 $5 100 $5,200 Audit $8,500 $8,700 $8,900 $9100 $9,300 City Administrative Fee 7 340 7 600 7 700 7 900 8 000 Budget Expenses $695,213 $447;000 $364,500 $369,100 $375,500 Estimated Operating Reserve 81 787 20 787 41,287 62,187 81 687 Total Expenses $777,000 $46'6 787 $405,787 $431,287 $457 187 Jt.Venture Grant (matching grant) $65,223 Security $8,000 Total $73,223 Jazz Festival $55 000 West Camp Bowie event $20 000 Holiday Event $35,000 Total $110,000 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/14/2010 Ord. Nos. 19319-09-2010, 19320-09-2010, 19321-09-2010 -~ ~ -,~ DATE Tuesday September 14 2010 REFERENCE NO BH-257 LOG NAME 17PID086ENHEAR2010 SUBJECT Conduct a Public Benefit Hearing for Public Improvement District 8 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 Camp Bowie District, Inc. to Manage the District (CAMP BOWIE) (COUNCIL DISTRICTS 3 and 7) 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 8 (Camp Bowie Corridor PID) for the Fiscal Year 2010-2011 2. Approve the attached Fiscal Year 2010-2011 budget and five-year service plan for the Camp Bowie Corridor PID• 3 Adopt the attached ordinance levying special assessments on property in the Camp Bowie Corridor PID subject to assessment; 4 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $367 000 00 in the Special Assessment District Fund (Public Improvement District 8 Fiscal Year 2010- 2011 Project Account) from available funds 5 Authorize the transfer of $7 340 00 for administrative fees from the Special Assessment District Fund (Public Improvement District 8 Fiscal Year 2010-2011 Project Account) to the Special Trust Fund contingent upon the adoption of the attached ordinance levying assessments, 6 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $7 340 00 from available funds and 7 Authorize the City Manager to execute an agreement with Camp Bowie District, Inc. to provide management and improvement services for the Camp Bowie Corridor PID during Fiscal Year 2010-2011 for the sum of $73 400 00 DISCUSSION On December 16 2008 (M&C G-16380) the City Council adopted Resolution No 3697 12 2008 re- establishing Public Improvement District 8 (Camp Bowie Corridor PID). Logname: 17PID08BENHEAR2010 Page 1 of 3 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 Camp Bowie Corridor PID's fund On August 24 2010 (M&C BH-250) 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 Camp Bowie Corridor PID in accordance with State law The improvements and services to be provided in the PID and the costs thereof are Total; Improvements Budgeted; Costs!4 Management Fee ~ $73 400 00 .. 1Landscape and Maintenance ~ $92 650 00 :`Communications/Newsletter ~~ $10 000 00,', __ 'Marketing ' $33 000 00' ~iEconomic Development 1 $73 ,223 00`~ ' Public Events ~...... ~ $110 000 00` ~~ Capital Improvements _. 1 $185 000 00 Professional Services =~ $98 000 00'' Insurance ~f $4.100 00 Audit ____ _~ $8 500 00 _ ; City Administration Fee ; $7 340 00 _.. _ _ ~ 'Budget Expenses i $695,213 00 Estimated Operating ;Reserve $81 787 00 ... Total Expenses ~ $777,000 00 The total budgeted costs of the improvements and services are $777 000 00 Of this amount, $367 000 00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0 10 cents to each $100 00 of property value for commercial property The remainder of the costs, $410 000 00 will be funded by prior years' assessments and revenues The Camp Bowie Corridor PID is located in COUNCIL DIST~tICTS 3 and 7 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 Logname: 17P1D08BENHEAR2010 Page 2 of 3 FUND CENTERS TO Fund/Account/Centers 5) 6) FE72 481306 017587001000 6)FE72 511010 017587001000 4)GS87 488342 002508002000 4) GS87 539120 002508002000 FROM Fund/Account/Centers 7 340.00 5) GS87 539120 002508002000 7 340.00 7 340.00 7) GS87 539120 002508002000 $73,400.00 $367,000.00 $367,000.00 CERTIFICATIONS Submitted for City Manager's Office b~ Thomas Higgins (6192) Ori inating Department Head. Jay Chapa (5804) Additional Information Contact: Sylvia Flores (8550) Logname: 17PID08BENHEAR2010 Page 3 of 3