HomeMy WebLinkAboutOrdinance 19882-09-2011ORDINANCE NO. 19882 -09 -2011
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND /OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 7 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. 7 (the "District "); and
WHEREAS, the boundaries of the District are Wall -Price Keller Road and Alta Road on the north;
Shiver Road to North Beach Street passing through the Park Green Belt on the south; Park Vista Boulevard at
Shiver Road to Wall -Price Keller Road on the east; and North Riverside Drive 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
$
161,317
Water
$
220,000
Utilities
$
26,000
Landscape /Tree Maintenance
$
664,953
Fence Maintenance
$
35,185
Holiday Lighting/Decorations
$
30,000
Security Patrols
$
50,000
Public Events
$
63,945
Capital Improvements
$
231,850
Common Area Maintenance
$
53,000
Insurance
$
4,300
Annual Review (Audit)
$
2,000
City Administrative Fee
$
26,260
Budget Expenses
$
1,568,810
Estimated Operating Reserve
$
392,202
Total Expenses
$
1,961,012
The total budgeted costs of the improvements are $1,961,012.00. Of this amount, $1,312,990.00 will be
funded by assessments collected on privately owned parcels located in the district. The remainder of the costs,
$648,022.00 will be funded by other revenue sources:
$183,022.00 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 13, 2011;
$15,000.00 from the District's Builder Assessment of $200 per lot;
$450,000.00 from prior years' assessments; and
WHEREAS, it is proposed that property in the District be assessed at a rate of $0.21 per each $100 of
property value for residential property and $0.11 rate per each $100 of property value for commercial property,
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 -267) 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 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: $0.21 per each $100 of value for residential property and $0.11 per each $100 of value for
commercial property.
SECTION 4.
Where more than one person or entity owns an interest in any property described herein, each such
ORDINANCE NO. 19882-09-2011
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. 19882-09-2011
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.
M161 i 141ok m
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:
Deputy City Attorney
M &C: BH -270
Adopted and Effective: September 13, 2011
ORDINANCE NO 19882-09-2011
City of Fort Worth
PROPOSED BUDGET AND FIVE -YEAR SERVICE PLAN
Public Improvement District No. 7 - Heritage
FYI 1/12 FYI 2/13 FYI 3/14 FY14/15 FYI 5/16
REVENUES
PID Assessments
1,312,990
1,353,412
1,364,902
1,405,624
1,414,902
Builder Initiation Fee
15,000
10,000
7,000
5,000
3,000
City Payment In -lieu of Service;
183,022
183,022
183,022
183,022
183,022
Prior Year's Assessment
450,000
392,202
387,727
388,530
396,435
Total Revenues
$1,961,012
$ 1,938,636
$ 1,942,651
$ 1,982,176
$ 1,997,359
EXPENSES
Management Fee
Water
Utilities
Landscape/Tree Maintenance
Trash Removal
Fence Maintenance
Holiday Lighting /Decorations
Security Patrols
Communications /Newsletters
Marketing
Public Events
Capital Improvements
Common Area Maintenance
Insurance
Annual Review (Audit)
City Administrative Fee
Budget Expenses
Estimated Operating Reserve
161,317
163,366
165,328
165,961
166,924
220,000
230,000
230,000
236,900
237,200
26,000
26,000
26,443
27,176
27,976
664,953
667,252
667,550
667,624
669,000
35,185
33,000
33,000
33,000
53,000
30,000
30,000
30,000
29,000
29,000
50,000
50,000
50,000
50,000
50,000
63,945
64,757
64,810
231,850
200,000
200,000
53,000
52,977
53,009
4,300
4,429
4,561
2,000
2,060
2,122
26,260
27,068
27,298
$1,568,810
$ 1,550,909
$ 1,554,121
$ 392,202
$ 387,727
$ 388,530
65,085
65,450
230,000
212,000
46,000
52,000
4,698
4,839
2,185
2,200
28,112
28,298
$ 1,585,741 $ 1,597,887
$ 396,435 $ 399,472
Total Expenses $1,961,012 $ 1,938,636 $ 1,942,651 $ 1,982,176 $ 1,997,359
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13 {2011 - Ordinance Nos. 19880 -09- 2011,19881 -09- 2011'
& 19882 -09- 2011
DATE: Tuesday, September 13, 2011 REFERENCE NO.: BH -270
LOG NAME: 17PID07BENHEAR2011
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 7, Heritage PID, Concerning Proposed
2011 -2012 Budget and Five -Year Service Plan and Proposed Assessment Roll, Authorize the Transfer of
$183,022.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu
of Services, Adopt Ordinance Levying Special Assessments for the 2011 Tax Year, 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 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public benefit hearing concerning the proposed special assessments on property located in
Public Improvement District 7, Heritage PID for the 2011 tax year;
2. Approve the attached 2011 -2012 Fiscal Year budget and five -year service plan for the Heritage PID;
3. Adopt the attached ordinance levying special assessment on property in the Heritage PID subject to
assessment in the 2011 tax year;
4. Authorize the transfer of $183,022.00 from the General Fund to the Special Assessment District Fund
(Public Improvement District 7 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
$1,496,012.00 in the Special Assessment District Fund (Public Improvement District 7 Fiscal Year 2011-
2012 Project Account) from available funds;
6. Authorize the transfer of $26,260.00 for administrative fees from the Special Assessment District Fund,
(Public Improvement District 7 Fiscal Year 2011 -2012 Project Account) to the Special Trust Fund
contingent upon the adoption of the attached ordinance levying assessments;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $26,260.00 from available funds; and
8. Authorize the execution of an agreement with Premier Communities Management Company to provide
management and improvement services for the Heritage PID during Fiscal Year 2011 -2012 for the sum of
$161,317.00.
Logname: 17PID07BENHEAR2011 Pagel of 3
DISCUSSION:
On September 26, 2000, the City Council adopted Resolution No. 2675 (M &C G- 13021) establishing Fort
Worth Public Improvement District No. 7 (Heritage 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 Heritage PID's fund.
On August 23, 2011, (M &C BH -263) 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 Heritage 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:
Fence Maintenance
$35,185.00
;Holiday
$30,000.00
;Ligh ting /Decorations
`
$26,260.00.
_ __
Security Patrols
$50,000.00
Public Events
$63,945.00
Capital Improvements
$2319850.00
Common Area
E
Maintenance
$53,000.00
Insurance
$4,300.00'
Annual Review (Audit)
$2,000.00.
City Administrative Fee 1
$26,260.00.
Budget Expenses
$1,568,810.00'
Estimated Operating
$392,202.00 '
Reserve
Total Expenses
$1,961,012.00'
The total budgeted costs of the improvements are $1,961,012.00. Of this amount, $1,312,990.00 will be
funded by assessments collected on privately owned parcels located in the district by applying a rate of
$0.21 cents per each $100.00 of property value for residential property and $0.11 cents per each $100.00
of property value for commercial property.
Logname: 17PID07BENHEAR2011 Page 2 of 3
The remainder of the costs, $648,022.00 will be funded by other revenue sources: $183,022.00 from the
City for payment in lieu of services; $15,000.00 from the District's Builder Assessment of $200.00 per lot;
and $450,000.00 from prior years' assessments.
The Heritage PID is located in COUNCIL DISTRICT 2.
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 002507002000
5) GS87 488342 002507002000
5) GS87 539120 002507002000
CERTIFICATIONS:
FROM Fund /Account/Centers
$26,260.00 6) GS87 539120 002507002000
$26.260.00 8) GS87 539120 002507002000
$183.022.00 4) GG01 539120 0808021
$1,312,990.00
$1,496,012.00
Submitted for City Manager's Office by.
Originating Department Head:
Additional Information Contact:
Logname: 17PID07BENHEAR2011
Susan Alanis (8180)
Jay Chapa (5804)
Sylvia Flores (8550)
$26.260.00
$161,317.00
$183,022.00
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