HomeMy WebLinkAboutOrdinance 19325-09-2010ORDINANCE NO 19325-09-2010
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEIVIENT5 AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 12 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 PROVH)ING 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.
12 during Fiscal Year 2010-11 and
WHEREAS, the boundaries of the improvement district are along the major streets of West Bonds Ranch Road
on the North, Business Highway 287 North on the East, the extended Boat Club Road on the West and the City limits on
the South.
WHEREAS, the improvements to be provided aze as follows:
1 an improvement district landscaping, construction and maintenance program consisting of the planting and
maintenance of special supplemental landscaping, the maintenance of supplemental irrigation systems, park,
lake and fountain maintenance, and special fencing in and along boulevards, parks and open spaces,
2 public events program consisting of special events and holiday lighting;
3 a management program to provide for the administration, management, communications and operation of
the district;
4 city administration fee; and
WHEREAS, the cost of such improvements is as follows
EXPENSES
FY2010-2011 Budget
Management Fee 5 000
Water 4 000
Utilities 4 500
Landscape Maintenance Program 30 000
Security/Code Blue Programs 200
Communications/Newsletters 500
Social Programs/Holiday Lighting 500
Insurance 2,500
Annual Review (Audit) 800
City Administration Fee 2,000
Budget Expenses $ 50,000
Estimated Operating Reserve 3 000
Total Expense 53,000
The total budgeted costs of the improvements are $53 000 00 Of this amount, $50,500 00 will be funded by assessments
collected on privately owned parcels located in the district. The remainder of the costs, $2,500 00 will be funded 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 252} and is on file in the office of the City Secretary and
WHEREAS, the improvements shall be provided by Community Management Associates, Inc. under a contract
with the City of Fort Worth; and
WHEREAS, $50,500 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 a subsidy paid by
the developer 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 no more than $0 19 rate per each $100 of residential or 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 heanng various protests
and objections were made, and all desiring to be heazd 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 heanng 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 pazcels of property in the District and against the owners of such property Such assessments and
charges aze 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 m 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 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 herern 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 1®.
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 iri 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 appropnations, 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
September 14,.2010
Assistant Crty Atto Adopted
~ ,(~~' Zsy y-f'~''/O September 14, 2010
Effective
4
City of Fort Worth
PROPOSED FIVE YEAR SERVICE PLAN
Public Improvement District #12 Chapel Hill
ORDINANCE NOS 19325-09-2010 19326-09-2010 19327-09-2010
REVENUE
PID Assessments
Prior Year's Assessments
Total Revenues
EXPENSES
Management Fee
Water
Utilities
Landscape Maintenance Program
Fence Maintenance
Security/Code Blue Programs
Communications/Newsletters
Marketing
Social Programs/Holiday Lighting
Capital Improvements
Replacements
Insurance
Annual Review (Audit)
City Administration Fee
FY10/11 FY11/12 FY12/13
50 500 60 000 68 000
2,500 3,000 7,000
$ 53,000 $ 63,000 $ 75,000
5 000 8 000
4 000 4 500
4 500 5 000
30 000 32,000
200 500
500 200
500 500
8 500
5 000
5 500
33 000
2,000
800
600
100
600
FY13/14 FY14/15
80 000 100 000
13,000 18,000
$ 93,000 $ 118,000
10 000 10 000
7 000 8,000
6 500 8 000
35 000 40 000
3 000 4 000
1 000 1 500
800 800
200 200
1000 3,000
3 500 12,000
1 000 6 000
3 000 4 500
1 000 1 000
2,000 2,000
Budget Expenses
Estimated Operating Reserve
2,500 2,500 3,000
800 800 900
2,000 2,000 2,000
$ 50,000 $ 56,000 $ 62,000
3 000 7 000 13,000
$ 75,000 $ 101,000
18 000 17 000
Total Expense 53,000 63,000 75,000 93,000 118,000
City of Fort Worth, Texas
Mayor and Council Communication
.. ~ ~ _.~
COUNCIL ACTION: Approved on 9/141201.0 -Ord.'' Nos. 19325-09-2010, 19326-09-2010,
..1932709-20'10
-~~ ~,
DATE Tuesday September 14 2010 REFERENCE NO BH-259
LOG NAME 17PID126ENHEAR2010
SUBJECT
Conduct a Public Benefit Hearing for Fort Worth Public Improvement District 12 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 Agreement with Chapel Hill of Fort Worth Community Association, Inc. and RTI/Communities
Management Associates, Inc. d/b/a CMA to Manage the District (Chapel Hill) (COUNCIL DISTRICT 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 12 (Chapel Hill PID) for Fiscal Year 2010-2011
2. Approve the attached 2010-2011 budget and five-year service plan for the Chapel Hill PID•
3 Adopt the attached ordinance levying special assessment on property located in the Chapel Hill PID
subject to assessment for the 2010 tax year
4 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$50 500 00 in the Special Assessment District Fund (Public Improvement District 12 Fiscal Year 2010-
2011 Project Account) from available funds,
5 Authorize the transfer of $2,000 00 for administrative fees from the Special Assessment District Fund
(Public Improvement District 12 Fiscal Year 2010-2011 Project Account) to the Special Trust Fund
contingent upon the adoption of the proposed ordinance levying assessments
6 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $2 000 00 from available funds, and
7 Authorize the City Manager to execute an agreement with Chapel Hill of Fort Worth Community
Association Inc. and RTI/Communities Management Associates, Inc. d!b!a CMA, to provide
management and improvement services for the Chapel Hill PID during Fiscal Year 2010-2011 for the sum
of $5 000 00
DISCUSSION
On March 23 2004 the City Council adopted Resolution No 3060 establishing Fort Worth Public
Improvement District No 12 (Chapel Hill PID)
Logname: 17PID12BENHEAR2010 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 District's fund
On August 24 2010 (M&C BH-252) the City Council conducted a public hearing to receive comments on
the proposed 2010-2011 Fiscal Year budget and five-year service plan Notice of this benefit hearing was
published in the newspaper and mailed to all record owners of property in the Chapel Hill 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
The total budgeted costs of the improvements are $53 000 00 Of this amount, $50 500 00 will be funded
by assessments collected on privately owned parcels located in the District by applying a rate of $0 19
cents to each $100 00 of property value The remainder of the costs $2,500 00 will be funded from prior
year's assessments
The Chapel Hill PID is located in COUNCIL DISTRICT 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
Logname: 17PID12BENHEAR2010 Page 2 of 3
Fund
FUND CENTERS
TO Fund/AccountlCenters
6)FE72 481306 017587001000
61FE72 511010 017587001000
GS87 488342 002512003000
GS87 539120 002512003000
FROM Fund/Account/Centers
2 000.00 5) GS87 539120 002512003000 2 000.00
2 000.00 7) GS87 539120 002512003000 5 000.00
$50,500.00
$50.500.00
CERTIFICATIONS
Submitted for City Manager's Office bv: Thomas Higgins (6192)
Originating Department Head. Jay Chapa (5804}
Additional Information Contact: Sylvia Flores (8550)
Logname: 17PID12BENHEAR2010 Page 3 of 3