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Home My WebLink AboutOrdinance 19876-09-2011ORDINANCE NO. 19876 -09 -2011 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND /OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 2011 -12; 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. 1 (the "District "); and WHEREAS, the boundaries of the District are the area bounded by the Burlington Northern Santa Fe RR Tracks on the east Weatherford Street, along Weatherford east to Nichols, north on Nichols to Belknap, west on Belknap to Grove, north on Grove to Bluff west on Bluff to Cummings, north on Cummings to the Trinity River, South and West along the east shore of the Trinity River to Tenth Street, east on Tenth St. to Florence; south on Florence to Texas; east on Texas to the western boundary of the Tarrant County College District parking lot, south along the west boundary of the Tarrant County College District parking lot to the north curb of Lancaster Avenue, then east along the north curb of Lancaster Avenue on the south to the Burlington Northern Santa Fe tracks; then north along the Burlington Northern Santa Fe tracks until they intersect with Weatherford Street; and WHEREAS, the Improvements to be provided in Fiscal Year 2011 -2012 and their estimated costs are as follows: Expenses Management Fee (Admin.) $ 333,700.00 Water $ 14,500.00 Utilities $ 26,000.00 Landscape /Tree Maintenance $ 61,223.00 Trash Removal (other Maint.) $ 1,087,548.00 Holiday Light. /Decor.(Repairs) $ 15,000.00 Security Enhancement $ 80,450.00 Communications/Newsletters $ 20,205.00 Marketing &Research $ 310,700.00 Transportation & Planning $ 233,500.00 Capital Improvements $ 2,500.00 Insurance $ 9,000.00 Annual review (Audit) $ 3,500.00 City Administrative Fee $ 35,365.00 Budget Expenses $ 2,233,191.00 Estimated Operating Reserve S 219.141.00 Total Expenses $ 2,452,332.00 The total budgeted costs of the improvements are $2,452,332.00. Of this amount, $1,578,715.00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $873,617.00, will be funded by other revenue sources, including: $189,518 in a direct payment from the City for payment in lieu of assessments as required by Section 372.014 (b) of the Texas Local Government Code, which will be appropriated from the General Fund balance by City Council action on September 13, 2011; $138,498 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 13, 2011; $130,163 in revenues generated by District activities; and $415,438 from prior years' assessments. WHEREAS, it is proposed that property in the District subject to assessment be assessed at a rate of $0.10 per each $100 of property value, as of January 1, 2011 and determined by the appraisal district with jurisdiction over property in the District; and WHEREAS, the Improvements and proposed assessment roll were previously presented in a public hearing conducted by the City Council on August 23, 2011 (M &C BH -261) 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 13th day of September, 2011, 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 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, 2011, 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, at the following rate: $0.10 per each $100 of value for property subject to assessment. SECTION 4. ORDINANCE NO. 19876-09-2011 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 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 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, 2012, and shall become delinquent if not paid by February 1, 2012. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2012 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, invalidates or irregularities in the assessments are, in accordance with the law in force in this City, vested in the City. SECTION 10. ORDINANCE NO. 19876 -09 -2011 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. 4 ORDINANCE NO. 19876-09-2011 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: Deputy City Attorney M &C: BH -268 Adopted and Effective: September 13, 2011 ORDINANCE NO. 19876-09-2011 City of Fort Worth PROPOSED BUDGET AND FIVE -YEAR SERVICE PLAN Public Improvement District No. 1 - Downtown FY11/12 FY12/13 FY13/14 FY 14/15 FY 15/16 REVENUES 341,315 349,402 355,898 366,895 14,500 PID Assessments 1,578,715 1,590,000 1,621,700 1,654,125 1,687,200 COFW Assessments 189,518 197,175 201,118 205,140 209,240 City Payment In -lieu of Service 138,498 144,095 146,972 149,145 152,128 PID Generated Revenue 130,163 140,000 145,000 145,000 150,000 Prior Year's assessment 415,438 219,141 229,141 214,142 189,142 Total Revenues EXPENSES Management Fee (Admin.) Water Utilities Landscape/Tree Maint. Trash Remov. (other Maint.) Fence Maintenance Holiday Light. /Deco.(Repairs) Security Enhancement Communica. /Newsletters Marketing (& Research) Public Events Transportation & Planning Capital Improvements Replacements Insurance Annual review (Audit) City Administrative Fee Budget Expenses Estimated Operating Reserve $ 2,452,332 $ 2,290,411 $ 2,343,931 $ 2,367,552 $ 2,387,710 333,700 341,315 349,402 355,898 366,895 14,500 13,500 14,000 14,500 14,500 26,000 28,000 29,000 29,000 29,000 61,223 61,305 62,532 63,783 65,058 1,087,548 974,405 1,005,906 1,024,837 1,042,124 15,000 15,000 15,000 15,000 15,000 80,450 83,455 84,840 86,320 86,810 20,205 20,205 20,205 20,205 20,205 310,700 299,795 304,795 309,795 321,505 233,500 168,546 186,653 199,887 213,594 2,500 5,000 5,000 5,000 5,000 9,000 10,500 11,000 11,500 11,500 3,500 4,500 5,000 5,500 5,500 35,365 35,744 36,456 37,185 37,928 $ 2,233,191 $ 2,061,270 $ 2,129,789 $ 2,178,410 $ 2,234,619 $ 219,141 $ 229,141 $ 214,142 $ 189,142 $ 153,091 Total Expenses $ 2,452,332 $ 2,290,411 $ 2,343,931 $ 2,367,552 $ 2,387,710 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9113/2411 •Ordinance Nos. 19874 -09 -2411, 19875 -09 =201 t & 19876 -09 -2411 DATE: Tuesday, September 13, 2011 REFERENCE NO.: BH -268 LOG NAME: 17PID01 BENHEAR2011 SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 1, Downtown PID, Concerning the Proposed 2011 -2012 Budget and Five -Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2011 Tax Year, Authorize the Transfer of $138,498.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services, Authorize the Transfer of $189,518.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Assessment, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2011 -2012, and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District (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 Public Improvement District 1, Downtown Public Improvement District for the 2011 tax year; 2. Approve the attached 2011 -2012 Fiscal Year Budget and five -year service plan for the Downtown Public Improvement District; 3. Adopt the attached ordinance levying special assessments on property located in the Downtown Public Improvement District for the 2011 tax year; 4. Authorize the transfer of $138,498.00 from the General Fund to the Special Assessment District Fund, Public Improvement District 1 Fiscal Year 2011 -2012 Project Account, for the City's payment in -lieu of services; 5. Authorize the transfer of $189,518.00 from the General Fund to the Special Assessment District Fund, Public Improvement District 1 Fiscal Year 2011 -2012 Project Account, for the City's payment in -lieu of assessments; 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1,906,731.00 in the Special Assessment District Fund, Public Improvement District 1 Fiscal Year 2011- 2012 Project Account, from available funds; 7. Authorize the transfer of $35,365.00 for administrative fees from the Special Assessment District Fund, Public Improvement District 1 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund contingent upon the adoption of the proposed 2011 Assessment Roll; Logname: 17PIDOIBENHEAR2011 Pagel of 3 8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $35,365.00 from available funds; and 9. Authorize the execution of an agreement with Downtown Fort Worth, Inc., to provide management and improvement services for the Downtown Public Improvement District during Fiscal Year 2011 -2012 for the sum of $333,700.00. DISCUSSION: On June 23, 2009, the City Council adopted Resolution No. 3756 -06 -2009 (M &C C- 23627) re- establishing Fort Worth Public Improvement District 1 (Downtown PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2011 -2012 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 2011 tax year. Following the public hearing, it is recommended that the City Council approve the attached budget and five -year service plan of the PID, adopt the attached ordinance levying the proposed assessments and adopt appropriation ordinances allocating estimated receipts to the Downtown PID's fund. On August 23, 2011, (M &C 131-1-261) the City Council conducted a public hearing to receive comments on the proposed 2011 -2012 Fiscal Year 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 Downtown PID in accordance with the State law. The improvements and services to be provided in the PID during the 2011 -2012 Fiscal Year and the costs thereof are: Improvements € Total Budgeted I Costs Management Fee (Admin.) $333,700.00 lWater $14,500.00 .Utilities' _ $26,000.00' Landscape/Tree Maintenance 1 $61,223.00 __1 'Trash Removal (other _ 1F$1,087,548.00 Maintenance) 1Holiday Lighting I z(Decorations /Repairs) $15,000.00 ;__... :Security Enhancement ,...... _. - �.._.. -_ $80,450.00 Communications /Newsletters $20,205.00 ,,(Marketing and Research) $310,700.00 0. Transportation and Planning $233,500.00 ,,Capital Improvements $2,500.00 Insurance $9,000.00 ,Annual review (Audit) '� � � _ $3,500.00 ;City Administrative Fee $35,365.00' Budget Expenses $2,233,191.00' Estimated Operating Reserve $219,141.00 Logname: 17PIDOIBENHEAR2011 Page 2 of 3 Total Expenses $2,452,332.00 The total budgeted costs of the improvements are $2,452,332.00. Of this amount, $1,578,715.00 will be funded by assessments collected on privately owned parcels located in the PID by applying a rate of $0.10 cents to each $100.00 of property value. The remainder of the costs, $873,617.00 will be funded by other revenue sources, including $189,518.00 in direct payments from the City for payment in -lieu of assessments; $138,498.00 in direct payments from the City for payment in -lieu of services; $130,163.00 in revenues generated by PID activities; and $415,438.00 from prior years' assessments and revenues. The Downtown PID is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and upon the adoption of the Fiscal Year 2011 -2012 budget by the City Council to include the above recommended item(s), funds will be available in the Fiscal Year 2012 Operating Budgets, as appropriated, of the Special Assessment District Fund, Special Trust Fund, and General Fund. FUND CENTERS: TO Fund /Account/Centers 7)8) FE72 481306 017587001000 8) FE72 511010 017587001000 4)6) GS87 488010 002501002000 5)6) GS87 488010 002501002000 6) GS87 488342 002501002000 6) GS87 539120 002501002000 CERTIFICATIONS: FROM Fund /Account/Centers $35.365.00 7) GS87 539120 002501002000 $35,365.00 4) GG01 539120 0801000 $138,498.00 5) GG01 539120 0801000 $189,518.00 9) GS87 539120 002501002000 $1,578.715.00 $1,906,731.00 Submitted for City Manager's Office by. Originating Department Head: Additional Information Contact: Susan Alanis (8180) Jay Chapa (5804) Sylvia Flores (8550) $35,365.00 $138,498.00 $189,518.00 $333,700.00 Logname: 17PIDOIBENHEAR2011 Page 3 of 3