HomeMy WebLinkAboutOrdinance 19894-09-2011ORDINANCE NO.19894 -09 -2011
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND /OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 14 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. 14 (the "District "); and
WHEREAS, the District consists of an area of approximately 21.329 acres bounded by
Samuels Avenue, East Belknap Street, East Bluff Street, East Peach Street, Gounah
Street, and North Harding Street; and
WHEREAS, the Improvements to be provided in Fiscal Year 2011 -2012 and their estimated costs are
as follows:
Expenses
Management Fee (Admin.)
$
1,575
Landscape /Tree Maintenance
$
12,000
Trash Removal
$
8,443
Marketing
$
8,800
Replacements
$
500
Insurance
$
500
City Administrative Fee
$
2,000
Budget Expenses
$
33,818
Estimated Operating Reserve
$
6,802
Total Expenses
$
40,620
The total budgeted costs of the improvements are $40,620.00. Of this amount, $29,268.00 will be funded by
assessments collected on property subject to assessment in the District, and $11,352.00 will be funded from
the prior year's assessments.
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0.10 for 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 -267) and have been on file in the office
of the City Secretary for public inspection; and
WHEREAS, the Improvements and proposed assessment roll was once again heard by the City
Council on the 13 `h 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 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: $0.10 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
2 19894 -09 -2011
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.
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.
3 19894 -09 -2011
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 -275
Adopted and Effective: September 13, 2011
4 19894 -09 -2011
City of Fort Worth
PROPOSED BUDGET AND FIVE -YEAR SERVICE PLAN
Public Improvement District No. 14 -- Trinity Bluff
REVENUES
PID Assessments
COFW Assessments
City Payment In -lieu of Services
Prior Year's Assessment
Total Revenues
EXPENSES
Management Fee (Admin.)
Water
Utilities
Landscape /Tree Maint.
Trash Removal
Fence Maintenance
Holiday Lighting /Decor.
Security Patrols
Communications
Marketing (Ban. & main.)
Public Events
Capital Improvements
Replacements
Insurance
Annual review (Audit)
City Administrative Fee
Budget Expenses
Estimated Operating Reserve
FY 11/12 FY12/13 FY13/14 FY14/15 FY 15/16
29,268 46,225 190,000 290,000 290,000
11,352 6,802 9,861 30,061 55,261
$ 40,620 $ 53,027 $ 199,861 $ 320,061 $ 345,261
1,575
2,366
19,000
29,000
29,000
1,000
1,000
2,000
2,000
2,000
5,000
8,000
8,000
12,000
12,500
15,000
20,000
20,000
8,443
10,000
42,200
78,000
113,000
-
67,000
105,200
105,200
8,800
8,800
8,800
8,800
8,800
3,000
5,000
5,000
5,000
500
500
1,000
1,000
1,000
500
500
1,000
1,000
1,000
500
1,000
1,000
1,000
2,000
2,000
3,800
5,800
5,800
$ 33,818 $ 43,166 $ 169,800 $ 264,800 $ 299,800
$ 6,802 $ 9,861 $ 30,061 $ 55,261 $ 45,461
Total Expenses $ 40,620 $ 53,027 $ 199,861 $ 320,061 $ 345,261
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9113/2011 - Ordinance Nos. 19892 -09- 2011,19893 -09 -2011
& 19894 -09 -2011
DATE: Tuesday, September 13, 2011 REFERENCE NO.: BH -274
LOG NAME: 17PID14BENHEAR2011
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 14, Trinity Bluff 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 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 14, Trinity Bluff PID for the 2011 tax year;
2. Approve the attached Fiscal Year 2011 -2012 budget and five -year service plan for the Trinity Bluff PID;
3. Adopt the attached ordinance levying special assessments on property in the Trinity Bluff PID subject
to assessment;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$29,268.00 in the Special Assessment District Fund (Public Improvement District 14 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 14 Fiscal Year 2011 -2012 Project Account, to the Special Trust Fund
contingent upon the adoption of the proposed ordinance levying assessments;
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 Downtown Fort Worth, Inc., to provide management and
improvement services for the Trinity Bluff PID during Fiscal Year 2011 -2012 for the sum of $1,575.00.
DISCUSSION:
On June 16, 2009, the City Council adopted Resolution No. 3748 -06 -2009 establishing Fort Worth Public
Improvement District 14, Trinity Bluff PID.
The purpose of this benefit hearing is to receive comments from the public regarding the 2011 -2012 Fiscal
Logname: 17PID14BENHEAR2011 Page 1 of 3
Year budget and five -year service plan for the PID, adopt the attached ordinance levying the proposed
assessments and to adopt the attached appropriation ordinances allocating estimated receipts to the
Trinity Bluff PID's fund.
On August 23, 2011 (M &C BH -267) 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. Notice of this benefit
hearing was published in the newspaper and mailed to all record owners of property in the Trinity Bluff PID
in accordance with State law.
The improvements and services to be provided in the PID during the Fiscal Year 2011 -2012 and the costs
thereof are:
Improvements Total Budgeted
Costs
Management Fee (Admin.) 3
$1,575.00
........ ...
Landscape /Tree Maintenance';
_.. .......... ..................
$12,000.00
_....... _.
Trash Removal
__ �.-
$8,443.00
Marketing (Banners and
$8,800.00
maintenance)
_
_
Replacements
..� . .....
$500.00
...... ....
Insurance
$500.00
City Administrative Fee !
.. : .
$2,000.00
.. .............
_._......_ _.
Budget Expenses
� $33,818.00
- _$6
___ .,�__�
Estimated Operating
802.0 0
Reserve
,
Total Expenses
$40,620.00
The total budgeted costs of the improvements are $40,620.00. Of this amount, $29,268.00 will be funded
by assessments collected on privately owned parcels located in the district by levying special
assessments at a rate of $0.10 cents per each $100.00 of value. The remainder of the costs, $11,352.00,
will be funded from the prior year's assessments.
The Trinity Bluff 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 and the Special Trust Fund.
FUND CENTERS:
TO Fund /Account/Centers
5)6) FE72 481306 017587001000
6� FE7251.1.010 017587001000
4) GS87 488342 002514009000
4) GS87 539120 002514009000
FROM Fund /Account/Centers
$2,000.00 5) GS87 539120 002514009000 $2,000.00
$_2000.00 . 7 LGS87 _539120 _002514009000 $1,5T5.00
$29,268.00
$29,268.00
Logname: 17PID14BENHEAR2011 Page 2 of 3
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Jay Chapa (5804)
Sylvia Flores (8550)
Logname: 17PID14BENHEAR2011 Page 3 of 3