HomeMy WebLinkAboutOrdinance 20366-09-2012ORDINANCE NO. 20366 -09 -2012
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
I:MPROVEMENT'S AND /OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 8 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 Fort Worth Public Improvement
District No. 8 (the "District "); and
WHEREAS, the District consists of the area that includes all commercial land use areas along the
Camp Bowie Boulevard corridor from University Drive on the east, (excluding Museum Place Holdings) to
Alta Mere Drive (on the west); all commercial land use areas along the Spur 580 corridor between Camp
Bowie Boulevard (on the east) and Loop 820 (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
79,049
Water
9,000
Utilities
800
Landscape Management
38,000
Beautification
80,200
Capital Improvements
120,000
Economic Development
22,000
Secury, _....
20,000
Communications /Newsletters
10,000
Marketing
82,000
Public Events
100,000
Insurance
4,000
Annual Review (Audit]
16,000
City Administrative Fee
7.905
Budget Expenses
$ 587,954
Estimated Operatinq Reserve
Total Expenses $ 610
The total budgeted costs of the improvernents are $610,246.00. Of this amount, $395,246.00 will be funded
by assessments collected on privately owned parcels located in the district. The remainder of the costs,
$215,000.00 wilt be funded by unused prior years' assessments; and
Ordinance No. 20366 -09 -2012
Page 1 of 4
WHEREAS, it is proposed that commercial property subject to assessment in the District 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 BH-280) 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 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 at ' id 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 commercial property subject to
assessment in the District.
Ordinance No. 20366-09-2012
Page 2 of 4
SECTION 4.
Where more than one yuruoo or entity owns an interest in any property described berco` each such
person o« entity shall be personally liable only for its' her ochis pro rata a6uzo of the (nNl 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 nn\eaxod from the aoaeuuoueot lion upon payment of
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
(de Public Improvements District &sucnmmeo( &o0. together with mm000ub|e attorney's fees and cost of
collection, if incurred, are hereby declared to be and are made u lien upon the respective parcels of property
against which the same are uaaeuaod' and a personal liability and charge against the ceu| 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 *o which such assessments are levied, and shall be 6cut
and paramount lien thereon, superior to all other Ueua and o1uimo, except a/uto, county, ooboo) district and city
ud valorem taxes. & copy mf this ordinance may be filed with the County Clerk of Tarrant County, Texas, and
when uofiled 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 umos 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 |`2013 ut the same rate ua prescribed by law for any delinquent udvulo/ozutuxuodl paid.
SECTION 6.
If default shall bemade in the payment o[ any assessments, collection thereof shall be enforced hysuit
in any court of competent 'mrim6dion, and said City shall exercise all of its |uvv6U ymvern to aid in the
enforcement and collection of said assessments.
SECTION 7.
The total amount assessed against the respective parcels uf 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
pennitted by applicable law.
SECTION 8.
Although the aforementioned charges have been fixed, levied and assessed in the respective umouuts
herein stated, the City Council Juey hereby reserve the right 0o reduce the uDorcnouoCiouod assessments by
uUmviug credits to certain property owners where deemed appropriate and provided that such any such
allowance does not result iu any inequity and/or unjust discrimination.
SECTION 9.
Full power to make and levy reassessments and to correct n-iistakex' errors, invalid or irregularities in
the assessments are, in accordance with the law in force in this City, vested in the City.
Ordinance No 20366-09-2012
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:
Senior As.'s-tant City Attorney
M&C: BH-287
Adopted and Effective: September 11, 2012
Ordinance No. 20366-09-2012
Page 4 of 4
City of Fort Worth
BUDGET AND FIVE YEAR SERVICE PLAN
Public Improvement District No. 8-CAMP BOWIE
EXPENSES
Management Fee
Water
Utilities
Landscape Management
Beautification
Capital Improvements
Economic Development
Security
Communications/Newsletters
Marketing
Public Events
Insurance
Annual Review (Audit)
City Administrative Fee
Budget Expenses
Estimated Operating Reserve
Total Expenses
79.040
FY12/13
FY13114
FY14�5
FYI 5/16
FY10M7
REVENUES
---------
_______
12.000
000
QOO
P|DAaamnumon\e
395.246
405.000
420.000
435'000
450.000
Prior Year's Assessment
215000
22,292
43.000
50.000
55.000
Total Revenues
$ 610,246
$427,292
$437,892
$461,692
$488,892
EXPENSES
Management Fee
Water
Utilities
Landscape Management
Beautification
Capital Improvements
Economic Development
Security
Communications/Newsletters
Marketing
Public Events
Insurance
Annual Review (Audit)
City Administrative Fee
Budget Expenses
Estimated Operating Reserve
Total Expenses
79.040
00,000
82,000
87,000
90,000
9.000
9\500
10.000
11.000
12.000
000
QOO
1.000
1.100
1.200
38.000
38.000
38.000
58.000
30.000
80.200
43.000
50.000
55.000
00.000
120,000
4'000
4.000
4.000
4'000
22.000
20,000
20,000
20,000
20,000
20.000
20.000
20.000
20.000
20,000
10.000
0.000
8.000
0.080
0.000
82.000
75.000
75.000
75.000
75.000
100.000
80.000
80.000
80.000
80.000
4.000
4'000
4.000
4.000
4'000
15.000
15.000
15.000
15.000
15.000
7,905
0,000
8,200
0,700
0,000
$ 587,954
$409,400
$411,200
$422,800
$432,200
22.292
17.892
26.692
38.892
56.692
$ 610,246
$427,292
$437,892
$461,692
$488,892
M&C Review
Page of
(,Wfidal site, of the, City of Foil Wofth, Tnas
ForrWORTIJ
COUNCIL ACTION: Approved on9/ 1/2012-CJrdiMance Nos. 203Q4'09-2012,20365-O9-2O12&
20366-09-2012
DATE: 0/1112012 REFERENCE BH-2R7 LOG NA8MG' 17p|[)OHBENHEAR2U12
NO.:.
CODE: BH TYPE: NON- PUBLIC YES CONSENT HEARING:
SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 8, Camp Bowie Corridor
P|O. Concerning the Proposed 2812-2O13 Budget and Five-Year Service Plan and
Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2012
Tax Year, 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 Camp Bowie District, Inc., to Manage the
District (COUNCIL DISTRICTS 3 and 7)
RECOMMENDATION:
|tis recommended that the City Council:
1. Conduct u pVh|iC benefit hearing concerning the proposed special assessments on property
located in Public Improvement District 8, Camp Bowie Corridor Public Improvement Oiatriot, for the
2U12 tax year;
2. Approve the attached Fiscal Year 2012-2013 budget and five-year service plan for the Camp
Bowie Corridor Public Improvement District;
3. Adopt the attached ordinance levying special assessments on property in the Camp Bowie
Corridor Public Improvement District subject to assessment for the 2O12 tax year;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Public Improvement District 8 Fiscal Year 2D12-2013 Project Acnountofihe8pecim|Ansessrnent
District Fund in the amount of$3Q5.240.DD from available funds-,
5. Authorize the transfer in the amount nf$7.0O5.00 for administrative fees from the Special
Assessment District Fund, Public Improvement District 8 Fiscal Year 2012-2013 Project Account to
the Special Trust Fund contingent upon the adoption of the attached ordinance levying assessments;
G. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Special Trust Fund in the amount of $7,905.00 from available funds; and
7. Authorize the execution of an Agreement with Camp Bowie District, Inc., to provide management
and improvement services for the Camp Bowie Corridor Public Improvement District during Fiscal
Year 2012-2O13 for the sum in the amount of$79.049.0U.
On December 18. 2008. /K8&C G-16380\ the City Council adopted Resolution NV. 3697-12'2008
reestablishing Public Improvement District 8 (Camp Bowie Corridor 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 P|[> for the 2012 tax year. Following the public hearing, it is recommended
M&C Review
that the City Council approve the attached budget and five-year service plan of the P|[}` adopt the
attached ordinance levying the proposed assessments and adopt the attached appropriation
ordinances allocating estimated receipts to the Camp Bowie Corridor PID's fund.
On August 21. 2012. (K8&C BH-280) the City Council conducted o public hearing to receive
comments on the proposed 2012-2013 Fiscal Year budget and five-year service plan for the P|D.
Notice of this benefit hearing was published in the newspaper and mailed to all record owners of
property in the Camp Bowie Corridor P|C>in accordance with state law.
The improvements and services to be provided in the PID and the costs thereof are as follows:
Improvements
Total Budgeted
Costs
�management Fee
$ 79,049.00
ILandscape Management
$ 38,000,00]
JPUblic Events
$100,000.001
ICity Administrative Fee
$ 7,90
IBudget Expenses-
$587,954.0
Estimated Operating
Reserve
$ 22,292.00
ITotal Expenses
$61
The total budgeted oostyoftheimprovementsandsenvioesareinthaanlountof$O1U.24S.00.Cfthis
amount, $395,246.00 will be funded by assessments collected on privately owned parcels located in
the district by applying a rate of $0.10 cents to each $100.00 of property value for commercial property.
rhe remainder of the costs, in the amount of $215,000.00, will be funded by prior year's assessments
and revenues.
The Camp Bowie Corridor P|Dks located \n COUNCIL DISTRICTS 3 and 7.
FISCAL .
.
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 FiSCm| Year 2013 operating
budget, as appropriated, of the Special Assessment District Fund and the Special Trust Fund.
Page 2 of 3
M&C Review
TO Fund /Account/Centers
5)6)
$7,905.00
FE72 481306 017587001000
6)FE72 511010 017587001000
$7,905.00
4)
GS87 488342 002508002000
$395,246.00
4)
GS87
GS87 539120 002508002000
$395,246.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
5) GS87 539120 002508002000 $7,905.00
7) GS87 539120 002508002000 $79,049.00
Fernando Costa (6122)
Jay Chapa (5804)
Coy Gray (6203)
Sylvia Flores (8550)
Page 3 of 3
http://apps.cfwnet.org/council_packet/mc review.asp?ID=17278&councildate=9/11/2012 9/12/2012