HomeMy WebLinkAboutOrdinance 19328-09-2010ORDINANCE NO. 19328-09-2010
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 14 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 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.
14 during Fiscal Year 2010-11 and
WHEREAS, the Distnct consists of an area of approximately 21 329 acres bounded by Samuels
Avenue East Belknap Street East Bluff Street, East Peach Street Gounah Street and North
Harding Street and
WHEREAS, the improvements to be provided are as follows:
an improvement district maintenance program consisting of supplemental street sweeping,
sidewalk sweeping, sidewalk cleaning and supplemental trash receptacle pickup.
an improvement district security enhancement program, consisting of monitoring the existing
bicycle, cruiser and mounted police officers to insure adequate coverage of the proposed
district; a public relations crime prevention campaign, when necessary• a public/private
security force coordination program, and other security related projects on an as needed basis.
an improvement district management program to provide for the establishment, administration
and operation of the district; and
WHEREAS, the cost of such improvements is as follows.
Expenses
Management Fee
Trash Removal (all other Matnt exp)
Marketing (Ban. & Main.)
Replacements
Insurance
City Administratton
Budget Expenses
Estimated Operating Reserve
Total Expenses
FY2010-2011 Budget
1,575
8,443
14,360
500
500
2,000
$27,378
5 073
$32,451
The total budgeted costs of the improvements are $32,451 00 Of this amount, $29 195 00 will be funded by
assessments collected on privately owned parcels located in the district, and $3,256 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 253), and is on file in the office of the City Secretary• and
WHEREAS, the improvements shall be provided by Downtown Fort Worth, Inc. ("DFWI") under a contract
with the City of Fort Worth, and
WHEREAS, $29 195 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 heanng 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 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 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
2
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 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 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, opmion or judgment shall m 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. 15667 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
Assistant City Attorney
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ADOPTED• September 14. 2010
EFFECTIVE. September 14. 2010
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City of Fort Worth
PROPOSED FIVE YEAR SERVICE PLAN
Public Improvement District No. 14 Trinity Bluff
ORDINANCE NOS. 19328-09-2010, 19329-09-2010, 19330-09-2010
Budget Projected Projected Projected Projected
FY10/11 FY11/12 FY12113 FY13114 FY 14115
REVENUES
PID Assessments 29,195 46,225 190,000 290,000 290,000
COFW Assessments
City Payment in-lieu of Services
Prior Year's Assessment 3,256 5,073 10,000 40 000 75,000
Total Revenues: $32,451 $51,298 $200,000 $330,000 $365,000
EXPENSES
Management Fee 1,575 2,225 18,000 28,000 28,000
Water 1,000 1,000 2,000 2,000
Utilities 2,000 5,000 8,000 8,000
Landscape/Tree Maint. 2,500 15,000 20 000 20 000
Trash Removal (all other maintenance) 8,443 25,073 42,200 78,000 113,000
Fence Maintenance
Holiday Lighting/Decor
Security Patrols 67 000 105,200 105,200
Communications
Marketing (Ban. & main.) 14,360
Public Events
Capitallmprovements 5,000 5,000 5,000 5,000
Replacements 500 500 1000 1,000 1,000
Insurance 500 500 1,000 1,000 1000
Annual review (Audit) 500 1,000 1 000 1 000
City Administrative Fee 2,000 2,000 3,800 5,800 5,800
Budget Expenses: $27,378 $41,298 $180,000 $255,000 $290,000
Est. Operat.ing.. Reserve 5,073 10,000 40,000 75,000 75,000
Total Expenses: $32,451 $51,298 $200,000 $330,000 $365,000
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION; Approved on 9/14/2010 -Ord. Nos. 19328-09-2010, 19329-09-2010,
19.330-09-2010
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DATE Tuesday September 14 2010 REFERENCE NO BH-260
LOG NAME. 17PID14BENHEAR2010
SUBJECT
Conduct a Public Benefit Hearing for Fort Worth Public Improvement District 14 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 an Agreement with Downtown Fort Worth Inc. to Manage the District (Trinity Bluff) (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 14 (Trinity Bluff) for theFiscal Year 2010-2011
2. Approve the attached Fiscal Year 2010-2011 budget and five-year service plan for the Fort Worth
Public Improvement District 14 (Trinity Bluff);
3 Adopt the attached ordinance levying special assessment for property in the Fort Worth Public
Improvement District 14 (Trinity Bluff) subject to assessment for the 2010 tax year
4 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$29 195 00 in the Special Assessment District Fund Public Improvement District 14 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 14 Fiscal Year 2009-2010 Project Account, to the Special Trust Fund
contingent upon the adoption of the proposed ordinance levying assessments,
6 Adapt 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 Downtown Fort Worth Inc. to provide
management and improvement services for the Fort Worth Public Improvement District 14 (Trinity Bluff)
during Fiscal Year 2010-2011 for the sum of $1 575 00
DISCUSSION
On June 16 2009 the City Council adopted Resolution No 3748-06-2009 establishing Fort Worth Public
Improvement District No 14 (Trinity Bluff PID)
Logname• 17PID14BENHEAR2010 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 adopt the attached ordinance levying the proposed
assessments and to adopt the attached appropriation ordinances allocating estimated receipts to the
Trinity Bluff PID's fund
On August 24 2010 (M&C BH-253) the City Council conducted a public hearing to receive comments on
the proposed Fiscal Year 2010-2011 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 Trinity Bluff PID
in accordance with State law
The improvements and services to be provided in the PID during the Fiscal Year 2010-2011 and the costs
thereof are
I
:Improvements '! Total Budgeted
Costs
Management Fee $1 575 00.
_....:~W ~.::_
Trash Removal i
$8 443 00.
Marketing (Banners and
:..Maintenance) $14 360 00.
Replacements $500 00.
Insurance
I
~
$500 00
.:.. _ _. _
Y _.......:
Cit Administration Fee ''
_-- __ _.~.:._, ~__--:
$2 000 00
.. ...... ... ........ V.. _~__...__._....
.Budget Expenses $27 378.00:
.Estimated Operating `;
$5 073 00
o....,....,,.
_.
~.
otal Expenses $32,451 00
The total budgeted costs of the improvements are $32 451 00 Of this amount, $29 195 00 will be funded
by assessments collected on privately owned parcels located in the district by levying special
assessments at a rate of $0 10 cents to each $100 00 of value The remainder of the costs $3,256 00 will
be funded from prior year's assessments.
The Trinity Bluff 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
5) 6) FE72 481306 017587001000
FROM Fund/Account/Centers
2 000.00 5) GS87 539120 002514009000
6) FE72 511010 017587001000 2 000.00 7) GS87 539120 002514009000
4) GS87 488342 002514009000 $29,195.00
4) GS87 539120 002514009000 $29,195.00
2 000.00
1 575.00
Logname: 17PID14BENHEAR2010 Page 2 of 3
CERTIFICATIONS
Submitted for City Manager's Office by_ Thomas Higgins (6192)
Originating Department Head. Jay Chapa (5804)
Additional Information Contact: Sylvia Flores (8550)
Logname: 17PID14BENHEAR2010 Page 3 of 3