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HomeMy WebLinkAboutResolution 2675~' A Resolution ,~~ 7S t ESTABLISHING FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 7 (THE HERITAGE RESIDENTIAL DISTRICT) AND TAHING CERTAIN OTHER ACTIONS CONCERNING THE DISTRICT WHEREAS, on August 22, 2000 the City Council of the City of Fort Worth received a petition for the establishment of the Fort Worth Pubhc Improvement Distract No 7 and WHEREAS on August 29 2000 the City Council found and determined the petition included sufficient signatures and met other requirements of Section 372.002 and 372 005 of the Pubhc Improvement Distract Assessment Act (V T C.A., Local Government Code, Section 372.001 et seq) (the Act") and WHEREAS, the City Secretary of the City of Fort Worth gave notice of the September 26, 2000 pubhc heanng m accordance with the Act; and WHEREAS, the City Council held a pubhc hearang at its regular open and pubhc meeting at 10.00 a.m. on September 26, 2000 concerning the following matters. a. the advisability of estabhshmg a pubhc improvement distract; b the general nature of the proposed improvements and services, d. the estimated costs of the proposed improvements and/or supplemental services, e. the boundaries of the improvement distract; f. the proposed method of assessment; and g. the proposed apportionment of costs between the improvement district and the mumcipality as a whole; and WHEREAS, the Crty Council closed the pubhc heanng on the same day NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS Section 1 The City Council, after duly considering the evidence and testimony presented at the pubhc heanng on September 26, 2000 hereby makes the following findings a. It is advisable to establish a pubhc improvement district under the Act, which distract shall be known as the Fort Worth Pubhc Improvement Distract No 7 ("PID7") CITY OF FORT WORTH 2 b It is advisable to authorize the City of Fort Worth to exercise the powers granted by the Act m connection with the establishment of PID7 including the undertaking of improvement projects and/or services that confer a special benefit on property in the PID7 and the levying and collecting of special assessments on property m the district, based on the benefit conferred by the improvement projects and/or services. c It is advisable for improvements and/or special supplemental services to be undertaken and provided for by PID7 d. The general nature of the improvements and/or services to be provided by PID7 shall mclude• (1) Turf maintenance, which includes seasonal specifications for mowing height and cycles for the various types of landscaped areas and grasses, specifications for edging and trimming, and specifications for the application of herbicides as required, (2) Horticultural maintenance, which controls the weeding and cultivation of shrubs and ground cover beds, (3) Irngation maintenance, which includes inspection schedules and management of seasonal watering schedules and repairs to the system as required; (4) Seasonal color specifications which controls type, color number and size of plants to be installed m applicable areas, (5) Tree care, which includes tree fertilization, pruning, and insect dzsease control, (6) Water and electricity payments, for irrigation systems, (7) Fence maintenance for repair of specialty fencing; (8) Ground and holiday lighting maintenance, (9) Security services to supplement existing services, when appropriate; (10) Other services which are incidental to the maintenance of landscaping, and (11) Maintenance and repair for special streetlights and street signs. The proposed special supplemental services would be a supplement to the standard existing level of city improvements and/or services and would constitute an added increment to the services currently provided by the Crty of Fort Worth to the taxpayers generally The City will continue to furnish or pay for the standard services m PID7 at the same level as they would be provided for the taxpayers generally CITY OF FORT WORTH 3 e. The estimated cost of the supplemental services for the proposed PID7 during the first year of operation begmmng 2001 as specified within the proposed budget and service plan, will total approximately $172,100 00 This total includes payments for professional services of a management company to contract for supplemental services, city administration costs, miscellaneous expenses and a reserve for uncollected assessments. The budget and service plan attached and incorporated as Exhibit A represents the services to be provided for the first five years beginning 2001 The total costs of the services will be paid from assessments. The PID7 budget starting 2001 and subsequent years' budgets will be reviewed and approved by Crty Council annually f. The cost of improvements and/or services shall be determined m accordance with the approved budget and service plan. g. The boundaries of PID7 are shown on the map on file in the Office of the City Secretary h. The method of assessment shall be as follows (1) A service plan will be approved and adopted by the City Council for a period of not less than five (5) years. The service plan will be reviewed and updated annually by the Crty Council to determine the annual budget for improvements and/or special supplemental services wrtlun PID7 (2) The cost of the improvements and/or special supplemental services will be assessed against real property within PID7 according to the value of the property including improvements, as determined annually by the City Council (3) There will not be assessment levied during the first year immediately after the establishment of PID7 The annual assessments against real property m the district including improvements will start m 2001 and will not exceed 21 ¢ per $100 of value of such property m 2001 as determined by the City Council. i. The apportionment of costs between PID7 and the City as a whole shall be. (1) The cost of the improvements and/or special services will be paid from special assessments levied against property within PID7 CITY OF FORT WORTH 4 (2) The City of Fort Worth wzll be responsible for the payment of assessments on exempt City-owned real property and structures or other improvements thereon m the district. The payment of assessments, if any on property owned by other exempt ~urisdichons will be established by contract. The City will continue to provide the standard improvements and services to the district as rt does to the rest of the City (3) The City Council will be authorized to establish by ordinance reasonable classifications and formulas for the apportionment of cost between the City and the property to be assessed and to establish the methods for assessing special benefits for various classes of improvements and/or special supplemental services. ~ The probable maximum benefits to be conferred on each tract in PID7 because of the improvements and/or services will be greater than the amount of the assessment against such tract and the owners thereof. Section 2. The Fort Worth Public Improvement Distract No 7 is authorized to'be and is hereby established as a public improvement district under the Act and m accordance with the above findings as to the advisability of the improvements and/or services. The district will be subject to all conditions, limitations and reservations contained m such findings. Section 3. The City Secretary is hereby directed to give notice of authorization for establishment of PID7 by publishing a copy of this Resolution once in a newspaper of general circulation m the City of Fort Worth. Such authorization shall take effect and the district shall be deemed to be established effective upon the publication of such notice. Section 4. PID7 will be deemed established upon notice of authorization as stated in Section 3 above and will continue thereafter unless dissolved or reestablished m accordance with the Act. The City of Fort Worth shall not be obligated to undertake or pay for any improvements or services contemplated by PID7 upon its dissolution. Section 5. The area to be assessed may not include any property not within the boundaries of PID7 unless there is an additional hearing pursuant to Section 372 009 of the Act, preceded by the required notice Section 6. The City Manager is hereby authorized to negotiate a contract with a property management company to oversee and provide the improvements and/or services m accordance with this Resolution and the service, improvement and assessment plan adopted by the Crty Council for the fiscal year of 2001 2002 Because there is no assessment or service for the first year immediately after the establishment of PID7 a management contract is not necessary During the first year of PID7 Hillwood Alliance Residential, L.P petitioner of PID7 and developer will provide necessary notices to new property owners about PID7 its purposes and services. ~., ~~ CITY OF FORT WORTH 5 Section 7 Igo actual construction or improvements or implementation of services by PID7 shall begin until at least 20 days after authorization for the district takes effect. Section S. The district shall be a complete alternative to other methods by which the City of Fort Worth may finance public improvements andlor special supplemental services by assessing property owners. 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