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HomeMy WebLinkAboutOrdinance 22870-09-2017 Ordinance No. 22870-09-2017 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 11 DURING FISCAL YEAR 2017-2018; 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. 11 (the"District"); and WHEREAS, the District consists of the area bounded by Northeast 28th Street on the north side, the Burlington Northern Santa Fe Railroad tracks on the east side, Northeast 23rd Street and Flores Street on the south side, and Houston Street, West Exchange Avenue, Clinton Avenue, Finney Avenue, Northwest 25th Street, and Ellis Avenue on the west side; and WHEREAS, the Improvements to be provided in Fiscal Year 2017-2018 and their estimated costs are as follows: EXPENSES Management Fee $16,733 Litter Abatement& Maintenance $12,000 Public Events $17,000 Insurance $700 Website &Other Marketing $38,000 City Administrative Fee $2,000 Budget Expenses $86,433 Contribution to Fund Balance $12,233 Total Expenses $98,666 The total budgeted expenses are $98,666.00. Of this amount, $83,666.00 will be funded by assessments collected on privately owned parcels located in the District. The remainder of the costs, $15,000.00 will be funded by revenues generated by PID activities; and WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of $0.12 per each $100 of property value, as of January 1, 2017 and determined by the appraisal district with jurisdiction over property in the District; WHEREAS, the Improvements and proposed assessment roll were previously presented in a public hearing conducted by the City Council on August 29, 2017 (M&C 13PBO PID11 FY18 BENEFIT)and have been on file in the office of the City Secretary for public inspection; and WHEREAS, the Improvements and proposed assessment roll were once again presented in a public hearing conducted by the City Council on the 12th day of September,2017, at 7:00 p.m. in the Council Chamber in the City Hall in the City of Fort Worth, Texas(the"Public Hearing"), notice of which was published and mailed Page 1 of 4 to all record owners of property in the District, and at such hearing all desiring to be heard were given a full and fair opportunity to be heard; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. The Public Hearing is hereby closed and any and all protests and objections, whether herein enumerated or not, are hereby overruled. SECTION 2. The City Council, from all evidence before it, including all information provided to it and considered in the Public Hearing, 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 Improvements in the District and for which assessment is levied and charge made, and further finds that the apportionment of the cost of the Improvements is in accordance with applicable law. The City Council, from the evidence, further finds that the values of the respective parcels of property on January 1, 2017, are true and correct. SECTION 3. There shall be, and are hereby, levied and assessed against the parcels of property subject to assessment 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, at the following rate and method of payment: $0.12 per each $100 of value. SECTION 4. Where more than one person or entity owns an interest in any property described herein, each such person or entity 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, Texas Local Government Code (the Public Improvement 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 such 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. Ordinance No.22870-09-2017 Page 2 of 4 The sums so assessed against the respective parcels of property and the owners thereof shall be and become due and payable on or before January 31, 2018, and shall become delinquent if not paid by February 1, 2018. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2018 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 hereto and is less than the proportion of the cost allowed and permitted by applicable law. SECTION 8. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts herein stated, the City Council does hereby reserve the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate and provided that such any such allowance does not result in any inequity and/or unjust discrimination. SECTION 9. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities in the assessments are, in accordance with the law in force in this City, vested in the City. SECTION 10. 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 11. 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 shall remain in full force and effect. SECTION 12. This Ordinance shall be cumulative of 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 13. This Ordinance shall take effect and be in full force and effect from and after the date of its passage. Ordinance No.22870-09-2017 Page 3 of 4 AND IT IS SO ORDAINED. APPROVED AS TO FORM AND LEGALITY: ATTEST: Ty allac , A istant City Attorney a J. 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' W r � " LL U) :23RD � .. 0 ' eke; a t' -22ND VWIPM p, ••.r �"� X21 ST""`• �-�_ � � �� F LEGEND N -'� PID 11 - STOCKYARD U` �� 0 0.075 0.15 0.3 Miles OT. 3. .�.. e don:A 014 Pr are August 19 2 COPYRIGHT 2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL, ENGINEERING, OR SURVEYING PURPOSES.IT DOES NOT REPRESENT AN ON-THE-GROUND SURVEY AND PRESENTS ONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTY BOUNDARIES. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/12/2017 -Ordinance Nos. 22870-09-2017 & 22871-09- 2017 DATE: Tuesday, September 12, 2017 REFERENCE NO.: BH-368 LOG NAME: 03PBD PID11FY18 SUBJECT: Conduct Public Benefit Hearing for Public Improvement District 11, Stockyards PID, Approve Fiscal Year 2017-2018 Budget and Five-Year Service Plan in the Amount of$98,666.00, Approve Tax Year 2017 Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2017 Tax Year at a Rate of$0.12 Per Each $100 of Commercial Property Value, Adopt Ordinance Increasing Estimated Receipts and Appropriations in the Fort Worth Public Improvement District 11 - Stockyards Fund in the Amount of $98,666.00, and Authorize Execution of an Agreement with Stockyards Preservation Foundation of Fort Worth, Inc., in the Amount of$16,733.00 to Manage the District (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public benefit hearing concerning the proposed special assessments on the property located in Public Improvement District 11, Stockyards Public Improvement District for the 2017 tax year; 2. Approve the attached Fiscal Year 2017-2018 Budget and Five-Year Service Plan for the Stockyards Public Improvement District in the amount of$98,666.00; 3. Approve the Tax Year 2017 Assessment Roll for the Stockyards Public Improvement District, on file with the City Secretary; 4. Adopt the attached ordinance levying special assessments on the property located in the Stockyards Public Improvement District for the 2017 tax year at a rate of$0.12 per each $100 of commercial property value; 5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 11 - Stockyards Fund in the amount of$98,666.00, from available funds; and 6. Authorize the execution of an Agreement with Stockyards Preservation Foundation of Fort Worth, Inc., in the amount of$16,733.00 to provide management and improvement services for the Stockyards Public Improvement District during Fiscal Year 2017-2018. DISCUSSION: On February 25, 2003, the City Council adopted Resolution No. 2925 establishing Fort Worth Public Improvement District 11 (Stockyards PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2017-2018 Fiscal Year Budget and Five-Year Service Plan for the Stockyards PID and the proposed assessments to be Logname: 03PBD PID 11FY18 Pagel of 3 levied on each property in the Stockyards PID for the 2017 tax year. Following the public hearing, it is recommended that the City Council approve the 2017 Tax Roll for the Stockyards PID, approve the attached Budget and Five-Year Service Plan of the Stockyards PID, adopt the attached ordinance levying the proposed assessments, and adopt the attached ordinance increasing estimated receipts and appropriations to the Fort Worth Public Improvement District 11 —Stockyards Fund. On August 29, 2017, Mayor and Council Communication (M&C BH-362) the City Council conducted a public hearing to receive comments on the proposed 2017-2018 Fiscal Year Budget and Five-Year Service Plan for the Stockyards PID. Notice of this benefit hearing was published in the Fort Worth Star Telegram and mailed to all record owners of property in the Stockyards PID, in accordance with state law. The improvements and services to be provided in the Stockyards PID and the costs thereof are as follows: Improvements F Total Budgeted Costs Management Fee $ 16,733.00 Litter Abatement & Maintenance $ 12,000.00 Public Events $ 17,000.00 Insurance $ 700.00 Website & Other Marketing $ 38,000.00 City Administrative Fee $ 2,000.00 Budget Expenses $ 86,433.00 Contribution to Fund Balance $ 12,233.00 Total Expenses $ 98,666.00 The total budgeted costs of the improvements and services are in the amount of$98,666.00. Of this amount, $83,666.00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of$0.12 cents to each $100.00 of property value for commercial property. The remainder of the costs in an amount equal to $15,000.00 will be funded by revenues generated from Stockyards PID activities. The Stockyards PID is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2017-2018 Budget by the City Council, funds will be available in the Fiscal Year 2018 operating budget, as appropriated, of the Fort Worth Public Improvement District 11 - Stockyards Fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Logname: 03PBD PID I 1 FYI Page 2 of 3 Originating Department Head: Lynda Johnson (6222) Additional Information Contact: Terry Hanson (7934) Logname: 03PBD PIDI IFYI 8 Page 3 of 3