HomeMy WebLinkAboutOrdinance 19879-09-2011ORDINANCE NO. 19879 -09 -2011
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND /OR SERVICES PROVIDED IN FORT WORTH
PUBLIC IMPROVEMENT DISTRICT NO. 6 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. 6 (the "District "); and
WHEREAS, the boundaries of the improvement district are approximately: North Tarrant
Parkway on the north, State Highway 377 on the east, Western Center Boulevard on the south, and
North Beach Street on the west; and
WHEREAS, the Improvements to be provided in Fiscal Year 2011 -2012 and their estimated
costs are as follows:
Expenses
Management Fee
$
103,253
Water
$
241,886
Utilities
$
16,816
Landscape/Tree Maintenance/Trash Removal
$
611,797
Fence Maintenance
$
121,685
Holiday Lighting
$
15,532
Security Patrols
$
128,636
Communications \Newsletters
$
18,915
Public Events
$
25,000
Capital Improvements
$
110,000
Replacements
$
10,000
Insurance
$
20,481
Annual Review (Audit)
$
2,081
City Administration Fee
$
23,030
Budget Expenses
$
1,449,113
Estimated Operating Reserve
$
300,000
Total Expenses
$
1,749,113
The total budgeted costs of the improvements are $1,749,113.00. Of this amount, $1,151,513.00 will
be funded by assessments collected on privately owned parcels located in the district. The remainder
of the costs, $187,803.00 will be funded by a direct payment from the City for payment in lieu of
services, and $409,797.00 from prior years' assessments; and
WHEREAS, it is proposed that property in the District be assessed at the following rates per
each $100 of property value, as of January 1, 2011 and determined by the appraisal district with
jurisdiction over property in the District:
Type of Property Rate
Residential $0.175
Commercial $0.035 (20% of residential rate)
WHEREAS, the Improvements and proposed assessment roll were previously presented in a
public hearing conducted by the City Council on August 23, 2011 (BH -262) 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 heard by 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.
ORDINANCE NO. 19879 -09 -'_011
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 rates: $0.175 per each $100 of value for residential property in
the District and $0.035 per each $100 of value for commercial property in the District.
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 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.
3 ORDINANCE NO 19879- 09 -20I 1
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.
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
4 ORDINANCE NO. 19879-09-20 1 1
passage.
AND IT IS SO ORDAINED.
APPROVED AS TO FORM AND LEGALITY:
Deputy City Attorney
M &C: BH -269
Adopted and Effective: September 13, 2011
ORDINANCE NO 19979-09-2011
- e.
REVENUES
Assessment Revenues
City Reimbursement
Prior Year's Assessments
Total Revenues
Five Year Service Plan
City of Fort Worth
PROPOSED BUDGET AND FIVE -YEAR SERVICE PLAN
Public Improvement District No. 6 - Park Glen
EXPENSES
Management Fee
Water
Utilities
Landscape /Tree Maintenance/Trash
Removal
Fence Maintenance
Holiday Lighting
Security Patrols
Communications \Newsletters
Public Events
Capital Improvements
Replacements
Insurance
Annual Review (Audit)
City Administration Fee
Budget Expenses
Estimated Operating Reserve
Total Expense
FY 11/12
FY 12/13
FY 13/14
FY 14/15
FY 15/16
1,151,513
1,159,733
1,171,330
1,183,043
1,194,874
187,803
191,559
191,559
191,559
191,559
409,797
300,000
300,000
300,000
300,000
$ 1,749,113
$ 116515292
$ 1,662,889
$ 1,674,602
$ 1,686,433
103,253
103,253
106,531
106,531
109,727
241,886
246,724
251,659
256,692
261,826
16,816
17,152
17,495
17,845
18,202
611,797
612,986
614,590
617,022
619,487
121,685
90,000
90,000
90,000
90,000
15,532
15,572
15,728
15,885
16,044
128,636
129,922
131,222
132,534
133,859
18,915
19,104
19,296
19,488
19,683
25,000
25,000
25,000
25,000
25,000
110,000
35,596
34,927
36,698
35,230
10,000
10,000
10,000
10,000
10,000
20,481
20,686
20,892
21,101
21,312
2,081
2,102
2,123
2,144
2,166
23,030
23,195
23,427
23,661
23,897
$ 1,449,113 $ 1,351,292 $ 1,362,889 $ 1,374,602 $ 1,386,433
$ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000
$ 1,749,113 $ 1,651,292 $ 1,662,889 $ 1,674,602 $ 1,686,433
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9113/2011 - Ordinance Nos. 19877-09-2011,19878-09-2011
& 19879.09 -2011
DATE: Tuesday, September 13, 2011
LOG NAME: 17PID06BENHEAR2011
REFERENCE NO.: BH -269
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 6, Park Glen 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 Transfer of $187,033.00 from
the General Fund to the Special Assessment District for the City's Payment in Lieu of Services, 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 Premier
Communities Management Company to Manage the District (COUNCIL DISTRICT 4)
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 6, Park Glen PID, for the 2011 tax year;
2. Approve the attached Fiscal Year 2011 -2012 budget and five -year service plan for the Park Glen
Public Improvement District;
3. Adopt the attached ordinance levying special assessments on property located in the Park Glen Public
Improvement District subject to assessment for the 2011 tax year;
4. Authorize the transfer of $187,803.00 from the General Fund to the Special Assessment District Fund,
Public Improvement District 6 Fiscal Year 2011 -2012 Project Account, for the City's payment in -lieu of
services;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$1,339,316.00 in the Special Assessment District Fund, Public Improvement District 6 Fiscal Year 2011-
2012 Project Account, from available funds;
6. Authorize the transfer of $23,030.00 for administrative fees from the Special Assessment District Fund,
Public Improvement District 6 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund
contingent upon the adoption of the proposed ordinance levying assessments;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $23,030.00 from available funds; and
8. Authorize the execution of an agreement with Premier Communities Management Company to provide
management and improvement services for the Park Glen Public Improvement District during Fiscal Year
2011 -2012 for the sum of $103,253.00.
Logname: 17PID06BENHEAR2011 Page I of 3
DISCUSSION:
On September 22, 1998, the City Council adopted Resolution No. 2453 establishing Public Improvement
District No. 6 (Park Glen 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 the attached appropriation ordinances allocating estimated
receipts to the Park Glen PID's fund.
On August 23, 2011, (M &C BH -262) the City Council conducted a public hearing to receive comments on
the proposed 2011 -2012 Fiscal Year budget and five -year service plan and budget for the PID. Notice of
this benefit hearing was published in the newspaper and mailed to all record owners of property in the
Park Glen PID in accordance with 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
Costs
Management Fee $ 103,253 00
$ 241,886 00
Water i ._..:.
Utilities $ 16,816.00
Landscape /Tree Maintenance /Trash $ 611,797 00
Removal
Fence Maintenance
Holiday Lighting
Security Patrols
$ 121,685.00
$ 15, 532.00
$ 128,636.00
....... _
Communications /Newsletters
$
18,915.00;
Public events
$
25,000.001
Capital Improvements
$
110,000.00;
Replacements
$
10,000 00
.......... _
Insurance
$
20,481.00;
Annual Review (Audit)
$
2,081.00:
City Administration Fee
$
23,030.00
Budget Expenses
$1,449,113.00
Estimated Operating Reserve
$
300,000.00
Total Expenses
$1,749,113.00
The total budgeted costs of the improvements and services are $1,749,113.00. Of this amount,
$1,151,513.00 will be funded by assessments collected on privately owned parcels located in the district
by applying a rate of $0.175 cents to each $100.00 of property value for residential property and $0.035
cents to each $100.00 of property value for commercial property. The remainder of the costs,
$597,600.00 will be funded by other revenue sources: $187,803.00 from the City for payment in lieu of
Logname: 17PID06BENHEAR2011 Page 2 of 3
services and $409,797.00 from prior year's assessments and revenues.
The Park Glen PID is located in COUNCIL DISTRICT 4.
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
6)7) FE72 481306 017587001000
7) FE72 511010 017587001000
4)5) GS87 488010 002506002000
5) GS87 488342 002506002000
5) GS87 539120 002506002000
CERTIFICATIONS:
FROM Fund /Account/Centers
$23,030.00 6) GS87 539120 002506002000
$23,030.00 8) GS87 539120 002506002000
$187,803.00 4) GG01 539120 0808021
$1,151,513.00
$1,339,316.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Logname: 17PID06BENHEAR2011
Susan Alanis (8180)
Jay Chapa (5804)
Sylvia Flores (8550)
$23,030.00
$103,253.00
$187,803.00
Page 3 of 3