HomeMy WebLinkAboutOrdinance 19885-09-2011ORDINANCE NO. 19885 -09 -2011
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 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 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, the Improvements to be provided in Fiscal Year 2011 -2012 and their estimated
costs are as follows:
Expenses
Management Fee
$
74,312
Landscape & Maintenance
$
71,100
Comm/Newsletters
$
10,000
Marketing
$
41,000
Security
$
25,000
Public Events
$
115,000
Capital Improvements
$
155,000
Professional Services
$
72,000
Insurance
$
4,100
Audit/Accounting
$
18,000
City Administrative Fee
$
7,431
Budget Expenses
$
592,943
Estimated Operating Reserve
$
28,615
Total Expenses
$
621,558
The total budgeted costs of the improvements are $621,558.00. Of this amount, $371.558.00 will be
funded by assessments collected on privately owned parcels located in the district. The remainder of
the costs, $250,000.00 will be funded by unused prior years' assessments; and
WHEREAS, it is proposed that commercial property subject to assessment in the District 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 13H -264) 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
ORDINANCE 19885-09-2011
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 commercial property
subject to assessment 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 asslessments 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
3 ORDINANCE 19885-09-2011
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.
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.
4 ORDINANCE 19885 -09 -2011
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 -271
Adopted and Effective: September 13 2011
5 ORDINANCE 19885-09-2011
REVENUES
PID Assessment
Prior Year's Assessment
Total Revenues
EXPENSES
Management Fee
Landscape & Maintenance
Comm /Newsletters
Marketing
Security
* Public Events
Capital Improvements
Professional Services
Insurance
Audit/Accounting
City Administrative Fee
Budget Expenses
Estimated Operating Reserve
Total Expenses
* Fort Worth Music Festival
West Camp Bowie event
Holiday Event
Total
City of Fort Worth
PROPOSED BUDGET AND FIVE -YEAR SERVICE PLAN
Public Improvement District No. 8 - CAMP BOWIE
FY11112
FY12/13
FY13114
FY14/15
FY15/16
371,558
370,000
375,000
380,000
385,000
250,000
28,615
17,515
25,115
41,415
$ 621,558
$ 398,615
$ 392,515
$ 405,115
$
426,415
74,312
74,000
75,000
76,000
77,000
71,100
65,000
65,000
65,000
65,000
10,000
8,000
8,000
8,000
8,000
41,000
25,000
30,000
30,000
30,000
25,000
20,000
20,000
20,000
20,000
115,000
90,000
90,000
90,000
90,000
155,000
30,000
10,000
5,000
5,000
72,000
45,000
45,000
45,000
45,000
4,100
4,700
4,900
5,100
5,200
18,000
12,000
12,000
12,000
12,000
7,431
7,400
7.500
7,600
7,700
$ 592,943
$ 381,100
$ 367,400
$ 363,700
$
364,900
$ 28,615
$ 17,515
$ 25,115
$ 41,415
$
61,515
$ 621,558
$ 398,615
$ 392,515
$ 405,115
$
426,415
$ 70,000
$ 15,000
30,00
$ 115,000
City of Fort Worth, Texas
Mayor and Council Communication
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 8, Camp Bowie Corridor 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, 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 Camp Bowie District, Inc., to Manage the
District (COUNCIL DISTRICTS 3 and 7)
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 8, Camp Bowie Corridor Public Improvement District, for the the 2011 tax
year;
2. Approve the attached Fiscal Year 2011 -2012 budget and five -year service plan for the Camp Bowie
Corridor Public Improvement District;
3. Adopt the attached ordinance levying special assessments on property in the Camp Bowie Corridor
Public Improvement District subject to assessment;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$371,558.00 in the Special Assessment District Fund, Public Improvement District 8 Fiscal Year 2011-
2012 Project Account, from available funds;
5. Authorize the transfer of $7,431.00 for administrative fees from the Special Assessment District Fund,
Public Improvement District 8 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund
contingent upon the adoption of the attached ordinance levying assessments;
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $7,431.00 from available funds; and
7. Authorize the execution of an agreement with Camp Bowie District, Inc., to provide management and
improvement services for the Camp Bowie Corridor Public Improvement District during Fiscal Year 2011-
2012 for the sum of $74,312.00.
DISCUSSION:
On December 16, 2008, (M &C G- 16380) the City Council adopted Resolution No. 3697 -12 -2008
Logname: 17PID08BENHEAR2011 Page 1 of 3
reestablishing Public Improvement District 8 (Camp Bowie Corridor 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 Camp Bowie Corridor PID's fund.
On August 23, 2011, (M &C BH -264) 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 Camp Bowie
Corridor PID in accordance with State law.
The improvements and services to be provided in the PID and the costs thereof are:
Improvements
Total Budgeted
Costs
,Management Fee
......... ................ ....
$ 74,312.00
__. .. ....... .
Landscape & Maintenance
$ 71,100.00
'Communications /Newsletters
$ 10,000.00
__._ _
Marketing
............................
$ 41,000.00'
Economic Development
$ 25,000.00
Public Events
$115,000.00
;Capital Improvements
$155,000.00
Professional Services
$ 72,000.00
... ._ ..
;Insurance
.......... ... ............................... . ............. . .....
$ 4,100.00''.
_ . _.............:._ _ ..
Audit/Accounting
F ___.._...... _
$ 18,000.00.
,
City Administrative Fee
......:...:........:__.................:.:;.::...
$ 7,431 00
3._.,.... .....:...........::.:.:.:,...'
'Budget Expenses
...... ___ ................... .._,.'.
$592,943.00i
.�..:.. _ W._ u .
Estimated Operating
���
Reserve
$ 28,615.00
Total Expenses
$621,558.00,
The total budgeted costs of the improvements and services are $621,558.00. Of this amount,
$371,558.00 will be funded by assessments collected on privately owned parcels located in the district by
applying a rate of $0.10 cents to each $100.00 of property value for commercial property. The remainder
of the costs, $250,000.00 will be funded by prior years' assessments and revenues.
The Camp Bowie Corridor PID is located in COUNCIL DISTRICTS 3 AND 7.
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 budget, as appropriated,
of the Special Assessment District Fund and the Special Trust Fund.
Logname: 17PID08BENHEAR2011 Page 2 of 3
FUND CENTERS:
TO Fund /Account/Centers
5)6) FE72 481306 017587001000
6) FE72 511010 017587001000
4) GS87 488342 002508002000
4) GS87 539120 002508002000
CERTIFICATIONS:
FROM Fund /Account/Centers
$7,431.00 5) GS87 539120 002508002000
$7,431.00 7) GS87 539120 002508002000
$371,558.00
$371,558.00
Submitted for City Manager's Office by-
Originating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Jay Chapa (5804)
Sylvia Flores (8550)
$7,431.00
$74,312.00
Logname: 17PID08BENHEAR2011 Page 3 of 3