HomeMy WebLinkAboutOrdinance 19888-09-2011ORDINANCE NO.19888 -09 -2011
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND /OR SERVICES PROVIDED IN FORT WORTH
PUBLIC IMPROVEMENT DISTRICT NO. 11 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. 11 (the "District "); and
WHEREAS, the District consists of the area bounded by Northeast 28th Street on the north
side, the Burlington Northern Santa Fe Railroad tracks on the east side, Northeast 23rd Street and
Flores Street on the south side, and Houston Street, West Exchange Avenue, Clinton Avenue, Finney
Avenue, Northwest 25th Street, and Ellis Avenue on the west side; and
WHEREAS, the Improvements to be provided in Fiscal Year 2011 -2012 and their estimated
costs are as follows:
Expenses
Management Fee
$
12,635
Insurance
$
425
Trash Removal
$
10,200
Website & Other Marketing
$
33,093
Public Events
$
10,000
City Administration
$
2,000
Budget Expenses
$
68,353
Estimated Operating Reserve
$
2,455
Total Expenses
$
70,808
The total budgeted costs of the improvements are $70,808.00. Of this amount, $63,176.00 will be
funded by assessments collected on privately owned parcels located in the district. The remainder of
the costs, $7,632.00 will be funded by un -used prior year's assessments; and
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a
rate of $0.12 per each $100 of property value, as of January 1, 2011 and determined by the appraisal
district with jurisdiction over property in the District;
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 131-1-265) 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 in a
public hearing conducted by the City Council 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.
2 ORDINANCE NO 19888-09-2011
SECTION 3.
There shall be, and are hereby, levied and assessed against the parcels of property subject to
assessment 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: $0.12 per each $100 of value.
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
ORDINANCE NO 19888-09-2011
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.
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.
4 ORDINANCE NO. 19888- 09 -20I I
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 -272
Adopted and Effective: September 13, 2011
ORDINANCE NO 19888-09-2011
City of Fort Worth
PROPOSED BUDGET AND FIVE -YEAR SERVICE PLAN
Public Improvement District No. 11 - Stockyards
REVENUES
Assessment Revenues
Prior Year's Assessments
Total City Revenue
Web Site Advertising
Total Revenues
EXPENSES
Management Fee
Insurance
Trash Removal (all other Maintenance)
Website & Other Marketing
Public Events
City Administration
Budget Expenses
Estimated Operating Reserve
Total Expenses
FY11/12
FY12/13
FY13/14
FY14/15
FY15/16
$63,176
$63,176
$63,176
$63,176
$63,176
3,068
2,455
1,842
1,228
615
$ 66,244
$ 65,631
$ 65,018
-i--64,404
$ 63,791
$ 4,564
$ 4,564
$ 4,564
$ 4,564
$ 4,564
$ 70,808
$ 70,195
$ 69,582
$ 68,968
$ 68,355
12,635
12,635
12,635
12,635
12,635
425
425
425
425
425
10,200
10,200
10,200
10,200
10,200
33,093
33,093
33,093
33,093
33,093
10,000
10,000
10,000
10,000
10,000
2,000
2,000
2,000
2,000
2,000
$
68,353
$
68,353
$ 68,353
$ 68,353
$
68,353
$
2,455
$
1,842
$ 1,228
$ 615
$
2
$
70,808
$
70,195
$ 69,582
$ 68,968
$
68,355
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2011 •Ordinance Nos. 19886 -09- 2011,19887 - 09.201'x'
& 19888 -09- 2011
DATE: Tuesday, September 13, 2011
LOG NAME: 17PID11 BENHEAR2011
REFERENCE NO.: BH -272
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 11, Stockyards 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 the Fort Worth Stockyards Preservation
Foundation, Inc. to Manage the District (COUNCIL DISTRICT 2)
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 11, the Stockyards PID for the 2011 tax year;
2. Approve the attached Stockyards PID budget and five -year service plan for Fiscal Year 2011 -2012;
3. Adopt the attached ordinance which levies the proposed assessment for property located in the
Stockyards PID for Fiscal Year 2011 -2012;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$63,176.00 in the Special Assessment District Fund (Public Improvement District 11 Fiscal Year 2011-
2012 Project Account) from available funds;
5. Authorize the transfer of $2,000.00 for administrative fees from the Special Assessment District Fund
(Public Improvement District 11 Fiscal Year 2011 -2012 Project Account) to the Special Trust Fund
contingent upon the adoption of the proposed 2011 assessment roll;
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $2,000.00 from available funds; and
7. Authorize the execution of an Agreement with the Fort Worth Stockyards Preservation Foundation,
Inc., to provide management and improvement services for the Stockyards PID during Fiscal Year 2011-
2012 for the sum of $12,635.00.
DISCUSSION:
On January 28, 2003, the City Council adopted Resolution No. 2925 establishing Fort Worth Public
Improvement District 11, the Stockyards PID.
Logname: 17PIDIIBENHEAR2011 Page 1 of
The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year
2011 -2012 proposed assessments to be levied on each property in the Stockyards PID, to adopt an
ordinance levying the proposed assessments and to adopt an appropriation ordinance allocating
estimated receipts to the PID's fund.
On August 23, 2011, (M &C BH -265) the City Council conducted a public hearing to receive comments on
the proposed Fiscal Year 2011 -2012 budget and five -year service plan for the PID and provided notice of
this benefit hearing.
Based upon the budget and five -year service plan, the current and projected revenues will fund the
following:
Improvements
Total Budgeted
Costs
Management Fee
$12,635.00
...._.____ __.._._...__...:.__.___._._.___ �._._.�__...._......._.._.._
Insuranceµ
$425.00
_
... _____ ...........
Trash Removal (all other
$10,200.00
Maintenance)
�.._.
_.�_
Website and Other Marketing
$33,093.00
.Public Events
j $10,000 00
,City Administration _
___ .... _�..__.
$2,000.00
;'Budget Expenses
$68,353.00'
Estimated Operating
$2,455.00
Reserve
;,Total Expenses
$70,808.00
The total budgeted costs of the improvements and services are $70,808.00. Of this amount, $63,176.00
will be funded by assessments collected on privately owned parcels located in the district by applying a
rate of $0.12 cents to each $100.00 of property value. The remainder of the costs, $7,632.00, will be
funded by the prior year's assessments carried forward to Fiscal Year 2011 -2012.
The Stockyards 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 and the Special Trust Fund.
FUND CENTERS:
TO Fund /Account/Centers
5)6) FE72 481306 017587001000
6) FE72 511010 017587001000
4) GS87 488342 002511003000
4)_GS8__7 539120 002511003000
CERTIFICATIONS:
FROM Fund /Account/Centers
$22 000.00 5) GS87 539120 002511003000 $2,000.00
$2,000.00 7) GS87 539120 002511003000 $12.635.00
$63.176.00
$63,176.00
Logname: 17PID 11 BENHEAR2011 Page 2 of 3
Submitted for City Manager's Office by.�
Originating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Jay Chapa (5804)
Sylvia Flores (8550)
Logname: 17PID11BENHEAR2011 Page 3 of 3