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Home My WebLink AboutOrdinance 20357-09-2012ORDINANCE NO. 20357 -09 -2012 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND /OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 2012 -13; 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. 1 (the "District "); and WHEREAS, the boundaries of the District are the area bounded by the Burlington Northern Santa Fe RR Tracks on the east Weatherford Street, along Weatherford east to Nichols, north on Nichols to Belknap, west on Belknap to Grove, north on Grove to Bluff west on Bluff to Cummings, north on Cummings to the Trinity River, South and West along the cast shore of the Trinity River to Tenth Street, cast on Tenth St. to Florence; south on Florence to Texas; east on Texas to the western boundary of the Tarrant County College District parking lot, south along the west boundary of the Tarrant County College District parking lot to the north curb of Lancaster Avenue, then east along the north curb of Lancaster Avenue on the south to the Burlington Northern Santa Fe tracks; then north along the Burlington Northern Santa Fe tracks until they intersect with Weatherford Street; and WHEREAS, the Improvements to be provided in Fiscal Year 2012 -2013 and their estimated costs are as follows: FY2012 -13 Budeet Expenses Management Fee (Admin.) $ 323,037.00 Water $ 14,500.00 Utilities $ 15,000.00 Landscape /Tree Maintenance $ 62,450.00 Trash Removal (other Maint.) $ 1,105,280.00 Holiday Light./Decor.(Repairs) $ 10,000.00 Security Enhancement $ 78,850.00 Communications/Newsletters $ 20,000.00 Marketing &Research $ 313,250.00 Transportation & Planning $ 214,268.00 Capital Improvements $ 0.00 Insurance $ 5,750.00 Annual review (Audit) $ 10,500.00 City Administrative Fee $ 35,850.00 Budget Expenses $ 2,208,735.00 Estimated Operating Reserve $ 379,843.00 Total Expenses $ 2,588,578.00 The total budgeted costs of the improvements are $2,588,578.00. Of this amount, $1,600,597.00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $987,981.00, will be funded by other revenue sources, including: • $191,858 in a direct payment from the City for payment in lieu of assessments as required by Section 372.014 (b) of the Texas Local Government Code, which will be appropriated from the General Fund balance by City Council action on September 11, 2012; $138,498 in direct payments from the City for payment in lieu of services, which will be appropriated from the General Fund balance by City Council action on September 11, 2012; $129,588 in revenues generated by District activities; and $528,037 from prior years' assessments. WHEREAS, it is proposed that property in the District subject to assessment be assessed at a rate of $0.10 per each $100 of property value, as of January 1, 2012 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 21, 2012 (M&C 1311-277) 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 11'h day of September, 2012, 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, 2012, 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 and method of payment: $0.10 per each $100 of value for property Subject to assessment. Ordinance No. 20357-09-2012 Page 2 of 4 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 stuns 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 hnprovements 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 concenzing 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, 2013, and shall become delinquent if not paid by February 1, 2013. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2013 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, invalid or irregularities in the assessments are, in accordance with the law in force in this City, vested in the City. Ordinance No. 20357 -09 -2012 Page 3 of 4 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 passage. AND IT IS SO ORDAINED. APPROVED AS TO FORM AND LEGALITY: CYV Senior As jstant City Attorney M&C: BH-284 Adopted and Effective: September It, 201 Ordinance No. 20357-09-2012 Page 4 of 4 City of Fort Worth Budget and Five Year Service Plan Public Improvement District No. 1 - DOWNTOWN FY12/13 FY13114 FY14/15 FY15116 FY 16/17 REVENUES PID Assessments 1,600,597 1,681,864 1,790,738 1,892,320 2,015,353 COFW Assessments 191,858 194,255 205,140 210,000 214,200 City Pay. in -lieu of Service 138,498 142,065 144,090 146,970 149,900 PID Generated Revenue 129,588 130,100 132,000 133,000 134,000 Prior Year's Assessment 528,037 379,843 275,581 232,896 243,320 Total Revenues $ 2,588,578 $ 2,528,127 $ 2,547,549 $ 2,615,186 $ 2,756,773 EXPENSES Management Fee (Admin.) 323,037 335,350 341,315 349,821 357,754 Water 14,500 14,500 14,500 15,000 15,500 Utilities 15,000 15,000 15,000 15,500 16,000 Landscape/Tree Maintenance 62,450 62,450 62,450 67,532 69,783 Trash Removal (other Maintenance) 1,105,280 1,115,880 1,135,817 1,160,687 1,181,389 Holiday Light. /Decorations (Repairs) 10,000 15,000 15,000 15,000 15,000 Security Enhancement 78,850 78,380 80,369 80,816 81,272 Communication /Newsletters 20,000 20,200 20,200 20,200 20,200 Marketing (& Research) 313,250 314,471 342,867 351,804 363,929 Transportation & Planning 214,268 227,293 227,717 232,960 239,340 Capital Improvements - - 2,500 2,500 2,500 Insurance 5,750 6,000 6,500 7,000 7,500 Annual review (Audit) 10,500 10,500 10,500 11,000 11,000 City Administrative Fee 35,850 37,522 39,918 42,046 44,591 Budget Expenses $ 2,208,735 $ 2,252,546 $ 2,314,653 $ 2,371,866 $ 2,425,758 Estimated Operating Reserve 379,843 275,581 232,896 243,320 331,015 Total Expenses $ 2,588,578 $ 2,528,127 $ 2,547,549 $ 2,615,186 $ 2,756,773 7TH � City of Fort Worth,, Texas Mayor and Council Communication DATE: Tuesday, September 11,2O12 REFERENCE NO.: BH-284 SUBJECT: LOG NAME: 17PID01 BENHEAR2012 Conduct o Public Benefit Hearing for Public Improvement District 1, Downtown P|C). Concerning the Proposed 2U12-2U13 Budget endFims-YeorSenvioeP|anandPropoeedAaaeosmentRo|.Adopt Ordinance Levying Special Assessments for the 2012 Tax Year, Authorize Transfer in the Amount of $138,498.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services, Authorize Transfer in the Amount of $191,858.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Assessment, Adopt Appropriation Ordinances ho Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2012-2013 and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District (COUNCIL DISTRICT 0\ RECOMMENDATION: It is recommended that the City Council: 1. Hold o public benefit hearing concerning the proposed special 8Saeaonnente on property located in Public Improvement District 1, Downtown Public Improvement District for the 2012 tax year; 2 Approve the attached 2012-2013 Fiscal Year Budge( and five-year service plan for the 0oxvnhzxvn Public Improvement District; 3. Adopt the attached ordinance levying special assessments on property located in the Downtown Public Improvement District for the 2O12 tax year; 4. Authorize the transfer in the amount of$138.49B.0Ofrom the General Fund to the Special Assessment District Fund, Public Improvement District 1 Fiscal Year 2O12'2O13 Project Account for the City's payment in-lieu ofservices; 5. Authorize the transfer in the amountof$1g1.858DUfn/nl the {3anena\ Fund to the Special Assessment District Fund. Public Improvement District 1 Fiscal Year 2012-2013 Project Account for the Cih/'s payment in-lieu nfameeeennen�� ' G. Adopt the attached appropriation ordinance increasing eabnnahnd receipts and appropriations in the Public |[nprOmaVneOt []iSth(t 1 Fiscal Year 2012-2013 Project Account of the Special Assessment District Fund in the amount D($1,Q3O.953.O0 from available funds; 7. Authorize the transfer in the amount Cf $35.85O.0O for administrative fees from the Special Assessment District Fund. Public |nnprnvmnnsnt District 1 Fiscal Year 2012-2013 Project Account to the Special Trust Fund contingent upon the adoption of the proposed 2012 Assessment Roll; 17PIL%)lE]GNBEAR2012 Pagel of3 8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $35,850.00 from available funds; and 9. Authorize the execution of an Agreement with Downtown Fort Worth, Inc., to provide management and improvement services for the Downtown Public Improvement District during Fiscal Year 2012 -2013 for the sum in the amount of $323,037.00. DISCUSSION: On June 23, 2009, (M &C C- 23627) the City Council adopted Resolution No. 3756 -06 -2009 re- establishing Fort Worth Public Improvement District 1 (Downtown PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2012 -2013 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 2012 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 appropriation ordinances allocating estimated receipts to the Downtown PID's fund. On August 21, 2012, (M &C 131-1-277) the City Council conducted a public hearing to receive comments on the proposed 2012 -2013 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 Downtown PID in accordance with state law. The improvements and services to be provided in the PID during the 2012 -2013 Fiscal Year and the costs thereof are as follows: Improvements Total Budgeted Costs Management Fee (Admin.) Water Utilities Landscape/Tree Maintenance Trash Removal (other Maintenance) Holiday Lighting (Decoration s/Repai rs) $ 323,037.00 $ 14,500.00 $ 15,000.00 $ 62,450.00 $1,105,280.00 $ 10,000.00 rity Enhancement $ 78,850.00 Communications /Newsletters 1 $ 20,000.00 Marketing (and Research) $ 313,250.00 ..... . 'Transportation and Planning $ 214,2'6'8.00 Insurance _.. I $ _.. 5,750.00 .............. . .. Annual review (Audit) $ _....... 10,500.00 City Administrative Fee $ 35,850.00 lBudget Expenses Estimated Operating Reserve $2,208,735.00 $ 379,843.00 Logname: 17PID01 BENHEAR2012 Page 2 of 3 | �Tota|Expenses The total costs Vf the improvements are in the amount nf$2.588.578.O0. Of this amount, $1,600,597.00 will be funded by assessments collected on privately owned parcels located in the PID by applying a rate of $0.10 cents to each $100.00 of property value. The remainder of the costs, inthe amount of $987,981 -00, will be funded by other revenue sources, including the amount of$1Q1.858D0in direct payments from the City for payment in-lieu of assessments; the amount of $138.498.O0indirect payments from the City for payment in-lieu of services; the amount of $129,588 in revenues generated by P|D activities; and the amount of $528.037 from prior years' assessments and revenues. The Downtown PID is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommnndationn, and upon the adoption of the Fiscal Year 2012-2013 budget by the City Council to include the above recommended item(s), funds will be available in the Fiscal Year 2013 Operating Budgets, as appropriated, of the Special Assessment District Fund, Special Trust Fund and General Fund, FUND CENTERS: TO Fund/Accou nt/C enters 7)8) FE72 481306 017587001000 8) FE72 511010 017587001000 4)6) GS87 488010 002501002000 5)6) GS87 488010 002501002000 6) GS87 488342 002501002000 6) GS87 539120 002501002000 FROM Fund/Account/Centers $35,850.00 7) GS87 539120 002501002000 $35,850.00 4) GG01 539120 0801000 $138,498.0 5)GG01 539120 0801000 $191,858.00 9)GS87 539120 002501002000 ��.0> Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa 0122\ JavChapa (5804) Sylvia Flores /8550> Coy Gray <6203\ $35,850.00 $138,498.00 $191,858.00 $323,D3T00