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HomeMy WebLinkAboutOrdinance 20363-09-2012ORDINANCE NO. 20363-09-2012 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND /OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 7 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. 7 (the "District"); and WHEREAS, the boundaries of the District are Wall-Price Keller Road and Alta Road on the north; Shiver Road to North Beach Street passing through the Park Green Belt on the south; Park Vista Boulevard at Shiver Road to Wall-Price Keller Road on the east; and North Riverside Drive 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 161,046 Water 240,000 Utilities 25,500 Landscape/Tree Maintenance 719,324 Fence Maintenance 72,000 Common Area Maintenance 52,500 Holiday Lighting 20,000 Security Enhancements 50,000 Public Events 60,319 Capital Improvements 113,023 Insurance 5,197 Annual Review 2,000 City Administration Fee 26,571 Budget Expenses $ 1,547,480 Estimated Operating Reserve $ 380,227 Total Expenses $ 1,927,707 The total budgeted costs of the improvements are $1,927,707.00. Of this amount, $1,328,545.00 wilt be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $599,162.00 will, be funded by other revenue sources: Ordinance No. 20363-09-2012 Page 1 of 4 $173,362.00 in a direct payment from the City for payment in lieu of services, which was appropriated from the General Fund balance by City Council action on September 11, 2012; $12,000.00 from the District's Builder Assessment of $200 per lot; $413,800.00 from prior years' assessments; and WHEREAS, it is proposed that property in the District be assessed at a rate of $0.21 per each $100 of property value for residential property and $0.11 rate per each $100 of property value for commercial property, 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 BH -279) 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 Council in a public hearing conducted on the 11 th 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 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 COUNCII, 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: $0.21 per each $100 of value for residential property and $0.11 per each $100 of value for commercial property. Ordinance No. 20363 -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 b. 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. 20363 -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 Assis nt City ATMme—y- M&C: BH-286 Adopted and Effective: September 11, 2012 Ordinance No. 20363-09-2012 Page 4 of 4 City of Fort Worth Budget and Five Year Service Plan Public Improvement Distret No.7 - Heritage FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 REVENUES PI Assessments 1,328,545 1,369,252 1,405,417 1,414,854 1,414,864 City Payment In-Lieu of Services 173,362 173,362 173,362 173,362 173,362 Prior Years' Assessments 413,800 380,227 380,491 387,232 390,030 Builder Initiation Fee 12,000 7,000 5,000 3,000 0 Total Revenues $1,927,707 $1,929,841 $1,964,270 $1,978,448 $1,978,256 EXPENSES Management Fee 161,046 165,328 165,961 166,924 166,924 Water 240,000 242,000 244,000 246,000 248,000 Utilities 25,500 26,453 27,176 27,976 27,976 Landscape/Tree Maintenance 719,324 725,000 727,000 729,000 731,000 Fence Maintenance 72,000 53,400 54,880 56,176 58,035 Common Area Maintenance 52,500 56,000 54,000 55,000 56,000 Holiday Lighting 20,000 30,000 31,000 32,000 33,000 Security Enhancements 50,000 50,000 50,000 50,000 50,000 Public Fvents 60,319 64,810 65,000 65,000 65,000 Capital Improvements 113,023 101,553 122,328 124,345 116,232 Insurance 5,197 5,300 5,400 5,500 5,600 Annual Review 2,000 2,122 2,185 2,200 2,200 City Administration Fee 26,571 27,385 28,108 28,297 28,297 Budget Expenses $1,547,480 $1,549,350 $1,577,038 $1,588,418 $1,588,264 Estimated Operating Reserve 380,227 380,491 387,232 390,030 389,992 Total Expenses $1,927,707 $1,929,841 $1,964,270 $1,978,448 $1,978,256 City of Fort Worth,, Texas Mayor and Council Communication MINN. I DATE: Tuesday, September 11.2O12 REFERENCE NO.: BH-286 LOG NAME: 17P|D07BENHEAR2012 SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 7. Heritage PID, Concerning the Proposed 2012-2013 Budget and Five-Year Service Plan and Proposed Assessment Roll, Authorize Transfer in the Amount of $173,362.00 from the General Fund to the Special Assessment District Fund for the City's Payment inLieu of Services, Adopt Ordinance Levying Special Assessments for the 2012Tax Year, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2O12'2O13 and Authorize Execution ofan Agreement with Premier Communities Management Company to Manage the District (COUNCIL DISTRICTS 4 and 7) hia recommended that the City Council: 1. Conduct public benefit hearing concerning the proposed special assessments on property located in Public Improvement District 7, Heritage P|[) for the 2012 tax year; 2. Approve the attached 2012-2013 Fiscal Year budget and five-year service plan for the Heritage PID; 3. Adopt the attached ordinance levying special assessment on property inthe Heritage P|O subject to assessment in the 2O12 tax year; 4. Authorize the transfer inthe amount of$173,3O2.00 from the General Fund h/the Special Assessment District Fund. Public Improvement District Fiscal Year 2012-2013 Project Account for the Cib/s payment in-lieu of services; 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Public Improvement District 7 Fiscal Year 2012-2013 Project Account of the Special Assessment District Fund in the amount of$1.501,907.0O from available funds; 6. Authorize the transfer in the amount of $26,571.00 for administrative fees from the Special Assessment L>imthot Fund. Public Improvement District 7 Fiscal Year 2012-2013 Project Account to the Specia| Trust Fund contingent upon the adoption of the attached ordinance levying assessments; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $28'571.0O from available funds; and 8. Authorize the execution of an Agreement with Premier Communities Management Company to provide management and improvement services for the Heritage P|[) during Fiscal Year 2U12-2D13 for the murD in the amount of$1O1.O4O.00. Logname: 17PI[)07BENHB/\R2012 Pagel of DISCUSSION: On September 26. 2000. /M&C G-13O21\ the City Council adopted Resolution No. 2675 establishing Fort Worth Public Improvement District No. 7 (Heritage P\D\ 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 P|[) and the proposed aSsBsoO0GntS to be levied on each property in the P|[} 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 P|D, adopt the attached ordinance levying the proposed assessments and adopt the attached appropriation ordinances allocating estimated receipts tO the Heritage P|D'efund. On August 21,2U12'(M&CBH-270) the City Council conducted a public hearing tD receive comments 0D the proposed 2012-2013 Fiscal Year budget and five-year service plan for the p\L). Notice of this benefit hearing was published in the newspaper and mailed to all record owners of property in the Heritage P|O\n 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 Landscape/Tree 719,324.00 ,Fence Maintenance $ 72,006.00 Common Area 52,500.00 'Holiday Lighting 20,000.00 'Security Enhancement 50,000.00 IPublic Events $ 60319.00 City Administrative $ 26 571 00 Fee iReserve 380,227.00 Total Expenses $1,927,707.00 The total budgeted costs cJ the improvements are in the amount of$1.927.7O7.00. Of this amount, $1,328,545.00 will be funded by assessments collected on privately owned parcels located in the district by applying araie oY$O.21 cents per each 01OO.D0of property value for residential property and $O.11 cents per each $100.00 of property value for commercial property. Lugouo/e:l7PII]07E|BNBIIAIl20|2 Page 2of3 The remainder of the costs, in the amount of $599,162.00, will be funded by other revenue sources: the amount of $173,362.00 from the City for payment in lieu of services; the amount of $12,000.00 from the District's Builder Assessment of $200.00 per lot; and the amount of $413,800.00 from prior year's assessments. The Heritage PID is located in COUNCIL DISTRICTS 4 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 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 FROM Fund/Account/Centers 6)7) FE72 481306 017587001000 $26,571.00 6) GS87 539120 002507002000 $26,571.00 7) FE72 511010 017587001000 $26,571.00 8) GS87 539120 002507002000 $161,046.00 4)5) GS87 488010 002507002000 5) GS87 488342 002507002000 5) GS87 539120 002507002000 CERTIFICATIONS: $173362.00 4) GG01 539120 0808021 $1,328,545.00 $1,501,907.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Jay Chapa (5804) Sylvia Flores (8550) Coy Gray (6203) $173,362.00 Lognarne: 17PID07BENHEAR2012 Page 3 of 3