HomeMy WebLinkAboutOrdinance 20360-09-2012ORDINANCE NO. 20360-09-2012
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 6 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 COUNCH, 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. 6 (the "District"); and
WHEREAS, the boundaries of the improvement district are approximately: North Tarrant Parkway
on the north, State Highway 377 on the east, Western Center Boulevard on the south, and North Beach Street
on the west; and
WHEREAS, the Improvements to be provided in Fiscal Year 2012-2013 and their estimated costs are
as follows:
EXPENSES
Management Fee
112,153
Water
241,886
Utilities
17,489
Landscape/Tree Maintenance
625,117
Fence Maintenance
116,685
Holiday Lighting
15,532
Security Enhancement
133,781
Communications/News letters
9,700
Public Events
25,000
Capital Improvements
21,054
Insurance
15,750
Annual Review
2,081
City Administration Fee
22,698
Budget Expenses $1,358,926
Estimated Operating Reserve 400,000
Total Expenses $1,758,926
The total budgeted costs of the improvements are $1,758,926.00. Of this amount, $1,134,883.00 will be
funded by assessments collected on privately owned parcels located in the district. The remainder of the costs,
$174,043.00 will be funded by a direct payment from the City for payment in lieu of services, and $450,000.00
from prior years' assessments; and
Ordinance No. 20360-09-2012
Pagel of
WHEREAS, it is proposed that property in the District be assessed at the following rates per each
$100 of property value, as of January 1, 2012 and determined by the appraisal district with jurisdiction over
property in the District:
Type of Property Rate
Residential $0.175
Commercial $0.035 (20% of residential rate)
WHEREAS, the Improvements and proposed assessment roll were previously presented in a public
hearing conducted by the City Council on August 21, 2012 (131-1-278) 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
Cowicil in a public hearing conducted on the 11th 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 fii•ther 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 sun-Ls of
money itemized per parcel of property, and the owners thereof, as far as such owners are known, at the
following rates and method of payment: $0.175 per each $100 of value for residential property in the District
and $0.035 per each $ 100 of value for commercial property in the District.
Ordinance No. 20360-09-2012
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 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, 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.
Ordinance No. 20360 -09 -2012
Page 3 of 4
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.
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:
Senior Assts nt City Attorney
M&C: BH-285
Adopted and Effective: September 11, 2012
Ordinance No. 20360-09-2012
Page 4 of 4
REVENUES
PID Assessments
City Payment In -Lieu of'Services
Prior Year's Assessments
Total Revenues
EXPENSES
Management Fee
Water
Utilities
Landscape/Tree Maintenance
Fence Maintenance
Holiday Lighting
Security Enhancements
Communications/Newsletters
Public Events
Capital Improvements
Insurance
Annual Review
City Administration Fee
Budget Expenses
Estimated Operating Reserve
Total Expenses
City of Fort Worth
Proposed Budget and Five Year Service Plan
Public Improvement Distret No. 6 - PARK GLEN
FY 12113 FY I3 /14 FY 14/15 FY 15/16 FY 1.6/17
1,134,883
1,134,883
1,134,883
1,134,883
1,134,883
174,043
174,043
174,043
174,043
174,043
450,000
400,000
400,000
400,000
400,000
$1,758,926 $1,708,926 $1,708,926 $1,708,926 $1,708,926
112,153
1 15,431
1 15,431
118,627
118,627
241,886
244,305
246,748
249,215
251,708
17,489
17,495
17,845
18,202
18,202
625,117
625,000
625,000
625,000
625,000
116,685
90,000
90,000
90,000
85,000
15,532
15,532
15,532
15,532
15,532
133,781
131,222
132,534
133,859
137,875
9,700
9,700
9,700
9,700
9,700
25,000
14,528
10,193
2,615
403
21,054
0
0
0
0
15,750
20,892
21,101
21,312
21,951
2,081
2,123
2,144
2,166
2,231
22,698
22,698
22,698
22,698
22,698
$1,358,926
$1,308,926
$1,308,926
$1,308,926
$1,308,926
400,000
400,000
400,000
400,000
400,000
$1,758,926
$1,708,926
$1,708,926
$1,708,926
$1,708,926
City of Fort Worth., Texas
N&� �� Council 0 ��^ � ���
��N���^�� ��00 N�������NN N�������NN�0���NNon
DATE: Tuesday, September 11'2U12 REFERENCE NO.: BN~285
LOG NAKME:17P|DU0BENHEAR2O12
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 6, Park Glen PID, Concerning the
Proposed 2012-2013 Budget and Five-Year Service Plan and Proposed Assessment Roll, Adopt
Ordinance Levying Special Assessments for the 2012 Tax Year, Authorize Transfer in the Amount of
$174,043.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu
of Services, Adopt Appropriation Ordinances to 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 Premier Communities Management Company to Manage the District (COUNCIL DISTRICT 4)
It is recommended that the City Council:
1. Hold 8 public benefit hearing concerning the proposed special assessments on property located in
Public Improvement District @. Park Glen P|D. for the 2013 tax year;
2. Approve the attached Fiscal Year 2012-2013 budget and five-year service plan for the Park Glen
Public Improvement District;
3. Adopt the attached ordinance levying special assessments on property located in the Park Glen Public
Improvement District subject ho assessment for the 2012 tax year;
4. Authorize the transfer in the amount Of$174.043.O0 from the General Fund 0mthe Special Assessment
District Fund. Public Improvement District Fiscal Year 2012-2013 Project Account for the Cih/'n payment
in-lieu ofservices;
5. Adopt the attached appropriation ordinance inn/easing estimated receipts and appropriations in the
Public Improvement District 6 Fiscal Year 2012-2013 Project Account Ofth8 Special Aaumas08nt District
Fund |nthe amount of$1.308.Q28.00 from available funds;
0. Authorize the transfer |nthe amount 0f$22.098.DO for administrative fees from the Special Assessment
District Fund, Public Improvement District 6 Fiscal Year 2012-2013 Project Account to Uhe Special Trust
Fund contingent upon the adoption of the proposed ordinance levying assessments;
7. Adopt the attached appropriation ordinance increasing esUnnshsd receipts and appropriations in the
Special Trust Fund in the amount of $22,698.00 from available funds; and
8. Authorize the execution of an Agreement with Premier Communities Management Company to provide
management and improvement services for the Park Glen Public |[np[nvenneni District during Fb;ma| Year
2O12'2013 for the sum in the amount of$112.152.U0.
Logname: Pugclof3
DISCUSSION:
On September 22, 1908. the City Council adopted Resolution No. 2453 establishing Public Improvement
District No. O (Park Glen P|C>).
The purpose of this benefit hearing is to receive comments from the public regarding the 2012-2013 Fiscal
Year budget and five-year service p|3D for the P|D and the proposed assessments to be levied on each
property in the P|O 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 M[}, adopt the attached ordinance
levying the proposed assessments and adopt the attached appropriation ordinances m||ooaUnO estimated
receipts tothe Park Glen P|0'shund.
On August 21. 2012. (PW&C BH-278) Mhe City Council conducted a public hearing to receive comments on
the proposed 2012-2013 Flocm| Year budget and five-year service plan and budget for the P|O. Notice of
this benefit hearing was published in the newspaper and mailed to all record owners of property in the
Park Glen P|O in accordance with state |8vv.
The improvements and services b]h8 provided in the P|Q during the 2D12-2O13 Fiscal Year and the costs
thereof are as follows:
Improvements
Total Budgeted
Costs
Water
241,8'86."0"0
Utilities
17,489.00,
6 25,117.00
Removal
Fence Maintenance
116,685.00
Security Enhancement
133,781.00
Communications/Newsletters
9,700.00
Capital Improvements
Insurance
Annual Review (Audit)
Budget Expenses
$1,358,926.00
!Estimated Operating Reserve
$
400,000.00
The total budgeted costs of the improvements and services are in the amount Of$1.758.g20-0O. Of this
amount, $1,134,883.00 will be funded by assessments collected on privately owned parcels located in the
Lopnuzoe:l7PlI}08E}BNBBAR20l2 Page 2nf3
district by applying a rate of $0.175 cents to each $100.00 of property value for residential property and
$0.035 cents to each $100.00 of property value for commercial property. The remainder of the costs in the
amount of $624,043.00 will be funded by other revenue sources.- the amount of $174,043.00 from the City
for payment in lieu of services and the amount of $450,000.00 from prior year's assessments and
revenues.
The Park Glen PID is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
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/Account/Centers
6)7) FE72 481306 017587001000
7) FE72 511010 017587001000
4)5) GS87 488010 002506002000
5) GS87 488342 002506002000
5) GS87 539120 002506002000
CERTIFICATIONS:
FROM Fund/Account/Centers
$22,698.00 6) GS87 539120 002506002000
$22,698.00 8) GS87 539120 002506002000
$174,043.00 4) GG01 539120 0808021
$1,134,883.0
$1,308,926.00
Submitted for City Mananer's Office by:
Oriainating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Jay Chapa (5804)
Coy Gray (6203)
Sylvia Flores (8550)
$22,698,00
$112,153.00
$174,043.00
Logname: 17PID06BENHEAR2012 Page 3 of 3