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HomeMy WebLinkAboutOrdinance 22902-09-2017 Ordinance No.22902-09-2017 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 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 services (the "Improvements") be provided in Fort Worth Public Improvement District No. 8 (the"District"); 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, it is proposed that only commercial property in the District located east of Irene Street be assessed at a rate of$0.10 per each $100 of property value, as of January 1, 2017 ("Assessed Eastside") and determined by the appraisal district with jurisdiction over property in the District; and WHEREAS,the remaining commercial property in the District located west of Irene Street will not be assessed for the 2017 tax year("Non-Assessed Westside"); and WHEREAS,the Improvements to be provided in Fiscal Year 2017-2018 and their estimated costs are as follows: EXPENSES Assessed Eastside Management Fee 71,057 Landscaping 146,756 Utilities 31,000 Beautification 170,817 Communications/Marketing 17,000 Insurance 6,700 Audit 6,000 City Administrative Fee 8,770 Non-Assessed Westside Bed and Tree Maintenance at Loop 820 and/or Security 41,940 Budget Expenses $ 500,040 The total budgeted costs of the Improvements are $500,040.00. Of this amount, $355,286.00 will be funded by assessments collected on privately owned parcels located in the District. The remainder of the costs will be funded by other revenue sources: Page 1 of 4 • $126,963.00 transferred from unaudited, unassigned fund balance, with $41,940.00 to be set aside for use within the Non-Assessed Westside and $85,023.00 for use within the Assessed Eastside; • $17,791.00 in a direct payment from the City for payment-in-lieu of services, which was appropriated from the General Fund balance by City Council action on September 19, 2017; and 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 BH-375) 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 to the City Council in a public hearing conducted on the 12"'and 19th days 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 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; 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 Assessed Eastside portion of 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 Assessed Eastside portion of 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 Assessed Eastside portion of 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 in the Assessed Eastside portion of 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: $0.10 per each $100 of value for commercial property subject to assessment in the District. Ordinance No. 22902-09-2017 Page 2 of 4 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. 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 or unjust discrimination. Ordinance No. 22902-09-2017 Page 3 of 4 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. AND IT IS SO ORDAINED. APPROVED AS TO FORM AND LEGALITY: ATTEST: yler F. a 1 ch Mary J.Kays Assist a Attorney City Secretary M&C: BH-375 Adopted and Effective: September 19, 2017 Ordinance No.22902-09-2017 Page 4 of 4 City of Fort Worth Five Year Service Plan Public Improvement District No.8-Camp Bowie FY17/18 FY18/19 FY19/20 FY20/21 FY21122 REVENUES PID Assessments $355,286 $373,050 $391,703 $411,288 $431,852 COFW Assessment COFW Payment in lieu of Services 17,791 17,791 17,791 17,791 17,791 PID Generated Revenue Budget Revenues $373,077 $390,841 $409,494 $429,079 $449,643 Use of Fund Balance-Active Eastside 85,023 - - - - Use of Fund Balance-Inactive Westside 41,940 Total Revenues $500,040 $390,841 $409,494 $429,079 $449,643 EXPENSES _Assessed Eastside Management Fee 71,057 74,610 78,341 82,258 86,370 Utilities 31,000 32,550 34,178 35,886 37,681 Landscaping 146,756 154,094 161,798 169,888 178,383 Beautification 170,817 90,044 94,507 99,193 104,112 Communications/Marketing 17,000 17,000 17,000 17,000 17,000 Insurance 6,700 7,035 7,387 7,756 8,144 Audit 6,000 6,300 6,615 6,946 7,293 City Administrative Fee 8,770 9,209 9,669 10,152 10,660 _Non-Assessed Westside Bed and Tree Maintenance at Loop 820 and/or Security 41,940 Budget Expenses 500,040 390,841 409,494 429,079 449,643 Contribution to Fund Balance - - - - - Total Expenses $500,040 $390,841 $409,494 $429,079 $449,643 Fund Balance Reservations Estimated Fund Balance at end of FY2017 $ 180,000 %of Value Generated by Inactive West 23.3% Reserved for Inactive Westside $ 41,940 Estimated Remaining Funds after Audit will be available for the Active Eastside 138,060 F 7WE "o --T-------7T 77,--- Hoo;V �Nc , 4111 Ir r_j `4 it;og, dm nZ 10" • kl; �N%,. 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I aZN30 kA No I U jp, $ 0 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 9/19/2017 - Ordinance Nos. 22902-09-2017, 22903-09-2017 & 22904-09-2017 CONTINUED FROM A PREVIOUS WEEK DATE: Tuesday, September 12, 2017 REFERENCE NO.: BH-375 LOG NAME: 03PBD PID8FY18 SUBJECT: Conduct Public Benefit Hearing for Public Improvement District 8, Camp Bowie PID, Approve Fiscal Year 2017-2018 Budget and Five-Year Service Plan in the Amount of$604,539500,040.00, Approve Tax Year 2017 Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2017 Tax Year at a Rate of $0.10 Per Each $100.00 of Property Value, Adopt Ordinance Increasing Estimated Receipts and Appropriations in the Fort Worth Public Improvement District 8 - Camp Bowie Fund in the Amount of $5�9�6373,077.00, Adopt Ordinance Increasing Appropriations in the Fort Worth Public Improvement District 8 - Camp Bowie Fund in the Amount of$85,023126,963.00 and Reducing the Unaudited, Unassigned Fund Balance by the Same Amount, and Authorize Execution of an Agreement with Camp Bowie District, Inc., in the Amount of$95,93871,057.00 to Manage the District (COUNCIL DISTRICTS 3 and 7) 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 8, Camp Bowie Public Improvement District for the 2017 tax year; 2. Approve the attached Fiscal Year 2017-2018 Budget and Five-Year Service Plan for the Camp Bowie Public Improvement District in the amount of$604;53x9500,040.00; 3. Approve the Tax Year 2017 Assessment Roll for the Camp Bowie Public Improvement District, on file with the City Secretary; 4. Adopt the attached ordinance levying special assessments only on the property located East of Irene Street in the Camp Bowie Public Improvement District for the 2017 tax year at a rate of $0.10 per each $100.00 of property value; 5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 8 - Camp Bowie Fund in the amount of$519,516.00. @373,077 from available fu anticipated revenues; 6. Adopt the attached ordinance increasing appropriations in the Fort Worth Public Improvement District 8 - Camp Bowie Fund in the amount of $85;923126,963.00 and reducing the unaudited, unassigned fund balance by the same amount; and 7. Authorize the execution of an Agreement with Camp Bowie District, Inc., in the amount of $9596871,057.00 to provide management and improvement services for the Camp Bowie Public Logname: 03PBD PID8FY18 Page I of 3 Improvement District during Fiscal Year 2017-2018. DISCUSSION: On December 16, 2008, Mayor and Council Communication (M&C G-16380) the City Council adopted Resolution No. 3697-12-2008 re-establishing Public Improvement District 8 (Camp Bowie 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 PID and the proposed assessments to be levied on each property in the PID for the 2017 tax year. Following the public hearing, it is recommended that the City Council approve the 2017 Tax Roll for the Camp Bowie PID, approve the attached Budget and Five-Year Service Plan of the Camp Bowie PID, adopt the attached ordinance levying the proposed assessments only on property within the Camp Bowie PID located East of Irene Street, and adopt the attached ordinances increasing estimated receipts and appropriations to the Fort Worth Public Improvement District 8— Camp Bowie Fund. On August 29, 2017, (M&C BH-361)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 Camp Bowie PID. Notice of this benefit hearing was published in the Fort Worth Star Telegram and mailed to all record owners of property in the Camp Bowie PID, in accordance with state law. The Fiscal year 2017-2018 Budget allocates a fair and reasonable portion of the remaining fund balance to the Non-Assessed Westside to be used for landscape maintenance and/or security. The improvements and services to be provided in the Camp Bowie PID and the costs thereof are as follows: Improvements Total Budgeted Costs Assessed Eastside Management Fee $ 95,938.00 71,057.00 $ Landscape Management 146,756.00 220,000.00 Utilities Fs 31,000.00 Beautification $ �0 170,817.00 Communications/Marketing $ .00 66,000. A0 17,000 Insurance $ 6,700.00 Audit $ 6,000.00 City Administration Fee $ 8,770.00 Non-Assessed Westside Bed and Tree Maintenance at Loop 820 and/or $ 41,940.00, Security [Total Expenses $ 89 ;539:6@ 1500,040.00 The total budgeted costs of the improvements and services are in the amount of$604,539500,404.00. Of this amount, $474,692355,286.00 will be funded by assessments collected on privately owned parcels Logname: 03PBD PID8FY18 Page 2 of 3 located in the dtstFmet Assessed Eastside by applying a rate of $0.10 cents to each $100.00 of property value for commercial property. An amount equal to $85,023 126,963.00 will be funded by a transfer from unaudited, unassigned fund balance, with $41,940.00 to be set aside for use within the Non-Assesed Westside and $85,023.00 for use within the Assessed Eastside. The remainder of the costs for the Assessed Eastside in the amount of $ 82417,791.00 will be funded by direct payment from the City for Payment In-Lieu of Services. The Camp Bowie PID is located in COUNCIL DISTRICTS 3 and 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2016-2017 Budget by the City Council, funds will be available in the Fiscal Year 2017 operating budget, as appropriated, of the Fort Worth Public Improvement District 8 - Camp Bowie Fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program 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) Originating Department Head: Lynda Johnson (6222) Additional Information Contact: Terry Hanson (7934) Logname: 03PBD PID8FY18 Page 3 of 3