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HomeMy WebLinkAboutOrdinance 18259-09-2008ORDINANCE NO. 18259-09-2008 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN Il1'IPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IlVII'ROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 2008-09; 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 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. 1 during Fiscal Year 2008-09; and WHEREAS, the District consists of an area bounded by Cummings Street, Bluff Street, Elm Street, Bellcnap Street, Nichols Street, Weatherford Street and the AT & SF Railroad tracks on the east; Lancaster Street, Texas Street, Florence Street, and 10th Street on the south; and the Trinity River on the west and north; and WHEREAS, the improvements to be provided are as follows: 1. A maintenance and landscaping program 2. A marketing program 3. A security program 4. A transportation/planning program 5. A management program; 6. City administration fee; and WHEREAS, the cost of such improvements is as follows: Budget FY 2008-09 Management Fee $ 324,200 Maintenance & Landscaping 1,275,200 Security Enhancement 114,877 Promotions 10,000 Marketing and Research 538,142 Transportation & Planning 419,318 Contingency 40,369 City Administration 45,141 Total Expenses The total budgeted costs of the improvements are $2,767,247. Of this amount, $1,773,105 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $994,142, will be funded by other revenue sources, including: ® $185,867 in a direct payment from the City for payment in lieu of assessments as required by Section A 372.014 (b) of the Texas Local Government Code, which will be appropriated from the General Fund balance by City Council action on September 9, 2008; ® $132,785 in direct payments from the City for payment in lieu of services, which will be appropriated from the General Fund balance by City Council action on September 9, 2008; • $155,565 in revenues generated by district activities; • $483,925 from prior year assessments; and v $36,000 in interest earned. WEIEREAS, the improvements are fully described in a service, improvement and assessment plan which was considered by the City Council on August 19, 2008 (M&C G-16242), and is on file in the office of the City Secretary; and WI~REAS, the improvements shall be provided by Downtown Fort Worth, Inc. ("DFWI") under a contract with the City of Fort Worth; and WHEREAS, $1,773,105 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, 2008, 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 $0.1100 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 pur~ose of said hearing was given and said hearing was had and held at the time and place fixed therefore, to-wit, on the 9 day of September, 2008, 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 praperty 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 fords 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 fords that the values of the respective parcels of property on January 1, 2008, 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 properly in proportion as its, his or her respective interest bears to the total ownership such property, and its, his or 2 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 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, 2009, and shall become delinquent if not paid by February 1, 2009. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2009 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 properly 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, 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. 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. 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: Assistant City Attorne Date: 9-/~ - U ~' ADOPTED: September 9, 2008 EFFECTIVE: September 9, 2008 4 City of For# ®h, 7°exas Mayor and Council Communication COUNCIL ACTION: Approved on 9/9/2008 -Ord. No. 18259-09-2008, 18260-09-2008, and 18261-09-2008 DATE: Tuesday, September 09, 2008 LOG NAME: 17PID01 BENHEAR REFERENCE NO.: BH-235 SUBJECT: Benefit Hearing for Fort Worth Public Improvement District 1 (Downtown) Concerning Proposed Budget and Five Year Service Plan, Adoption of the 2008 Assessment Roll, Adoption of Ordinance Levying Assessments, and Adoption of Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2008-2009; and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District RECOMMENDATION: It is recommended that the City Council: 1. Hold a benefit hearing concerning the proposed special assessments on property located in Fort Worth Public Improvement District 1 for Fiscal Year 2008-2009; 2. Approve the attached Public Improvement District 1 budget and five-year service plan for Fiscal Year 2008-2009; 3. Adopt the proposed 2008 assessment roll for Public Improvement District 1; 4. Adopt the attached ordinance which levies the proposed special assessments on property located in Public Improvement District 1 for Fiscal Year 2008-2009; 5. Authorize the transfer of $132,785.00 from the General Fund to the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2008-2009 Project Account) for the City's payment in-lieu of services; 6. Authorize the transfer of $185,867.00 from the General Fund to the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2008-2009 Project Account) for the City's payment in-lieu of assessments; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $2,127,757.00 in the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2008- 2009 Project Account) from available funds; 8. Authorize the transfer of $45,141.00 for administrative fees from the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2008-2009 Project Account) to the Special Trust Fund contingent upon the adoption of the proposed 2008 assessment roll; 9. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $45,141.00 from available funds; and Logname: 17PIDOIBENHEAR Page 1 of 3 10. Authorize the City Manager to execute an agreement with Downtown Fort Worth, Inc., to provide management and improvement services for Public Improvement District 1 during Fiscal Year 2008-2009 for the sum of $324,200.00. DISCUSSION: On July 20, 2004, the City Council adopted Resolution No. 3105 (G-14435) establishing Fort Worth Public Improvement District No. 1 (PID 1). The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2008- 2009 proposed assessments to be levied on each property in PID 1, to adopt an ordinance levying the proposed assessments and to adopt appropriation ordinances allocating estimated receipts to the District's fund. On August 19, 2008, (M&C G-16242) the City Council conducted a public hearing to receive comments on the proposed Fiscal Year 2008-2009 eve-year service plan and budget (attached), and provided notice of this benefit hearing. The improvements and services to be provided and the costs thereof are: Improvements Management Fee Maintenance and Landscaping Security Enhancement Promotions Marketing and Research Transportation and Planning Contingency City Administration Total Total Budgeted Costs $324,200.00 $1,275,200.00 $114,877.00 $10, 000.00 $538,142.00 $419, 318.00 $40, 369.00 $45,141.00 $2,767,247.00 The total budgeted costs of the improvements are $2,767,247.00. Of this amount, $1,773,105.00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0.11 cents to each $100.00 of property value. The remainder of the costs, $994,142.00 will be funded by other revenue sources, including $185,867.00 in direct payment from the City for payment in lieu of assessments; $132,785.00 in direct payments from the City for payment in-lieu of services; $155,565.00 in revenues generated by district activities; $36,000.00 in interest earned; and $483,925.00 from prior year assessments. Based on the appraised value of the property, and considering the benefits to be received from the proposed improvements and services, it is the opinion of the City staff that an amount equal to or more than the proposed assessments, upon completion of the improvements will enhance each parcel of property in value. This property is commonly known as the "Downtown PID" and is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Fiscal Year 2008-2009 operating budget, as appropriated, of the Special Assessment District Fund, and the Special Trust Fund. TO Fund/Account/Centers FROM Fund/Account/Centers Logname: 17PIDOIBENHEAR Page 2 of 3 5) 7) GS87 472001 002501002000 $132,785.00 7) GS87 488342 002501002000 $1,773.105.00 7) GS87 441012 002501002000 $36.000.00 8) 9) FE72 481306 017587001000 $45,141.00 9) FE72 511010 017587001000 $45.141.00 6) 7) GS87 472001 002501002000 $185.867.00 7) GS87 539120 002501002000 $2,127,757.00 5~ GG01 538070 0905800 8) GS87 539120 002501002000 6) GG01 538070 0905800 10) GS87 539120 002501002000 $132.785.00 $45.141.00 $185,867.00 $324.200.00 Submitted for City tUlanager°s Office by; Tom Higgins (6140) Originating Department Head: Jay Chapa (6192) Additional Information Contact: Sylvia Flores (8550) Logname: 17PIDOlBENHEAR Page 3 of 3