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HomeMy WebLinkAboutOrdinance 20369-09-2012ORDINANCE NO. 20369 -09 -2012 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND /OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 11 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. 11 (the "District "); and WHEREAS, the District consists of the area bounded by Northeast 28th Street on the north side, the Burlington Northern Santa Fe Railroad tracks on the east side, Northeast 23rd Street and Flores Street on the south side, and Houston Street, West Exchange Avenue, Clinton Avenue, Finney Avenue, Northwest 25th Street, and Ellis Avenue on the west side; and WHEREAS, the Improvements to be provided in Fiscal Year 2012 -2013 and their estimated costs are as follows: EXPENSES ;Management Fee 13,021 Insurance 425 jTrash Removal (all other Maintenance) 10,200 lWebsite & Other Marketing _Events_ 35,740 Public 9,000 City Administration 2,000 Budget Expenses $ 70,386 Estimated Operating Reserve 15,1399 Total Expenses $ 86,285 The total budgeted costs of the improvements are $86,285.00. Of this amount, $65,105.00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $5,400 will be funded by web site advertising, and $15,780.00 will be funded by un -used prior year's assessments; and WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of $0.12 per each $100 of property value, as of January 1, 2012 and determined by the appraisal district with jurisdiction over property in the District; 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 -281) and have been on file in the office Ordinance No. 20369 -09 -2012 Page 1 of 4 of the City Secretary for public inspection; and WHEREAS, the Improvements and proposed assessment roll were once again presented ioopublic hearing conducted by the City Council on the 11 t day of September, 2012` at 7:00 p.m. in the Council Chamber in the City BuU in the City of Fort Worth, ?cxun (the "Public Boarug`)` notice of which was published and mailed toall record owners ofproperty iu the District, and at such hearing all desiring tuhe heard were given full and fair opportunity io 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 8curioQ, Godm that the mmeaom*ntm boroiu doxodbod 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 inproportion to the benefits to the respective parcels of property by oueuun of the Improvements in the District for which such uxynn000nuts are levied and cotuWixh substantial justice and equality and uniformity between all parties concerned, considering the benefits received and burdens bop000J. The City Council further GoJx that in each case the property ummesood is specially kenofitcdiuenhanced value to the said property hy means of the Improvements in the District and for which uuxcxymeut is levied and charge made` and further Oudo that the apportionment of the cost of the Improvements is iu accordance with applicable law. The City Council, from the evidence, further finds that the values of the respective parcels of property ouJanuary l'20}2.are true and correct. SECTION 3. Ibmn abu} be, and are bcrc6v levied and uosemacd uguim% the ou/ools of property subject to uoaoamnx�n in the District and against the real and Uoo owners thereof (whether such ov,uem be correctly named herein or not), the sums of money itemized per purocJ of property, and the owners thereof, as ho as such owners are known, at the following rate and method of payment: SO. 12 per each S 100 of value. SECTION 4. Where more than one person mentity 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 nfthe total uaooxmouent 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 nc|cuand from the u000aaoueo( lien upon payment of u proportionate sum. Ordinance No. 2O369-09-2Vl2 Page 2 of 4 SECTION 5' The several sums above mentioned and assessed against the said parcels of property, and mpueo thereof, and penalty and interest thereon at the rate prescribed by Chapter 372, Texas Local Government Code (the Public Improvements District /konooxmeo| Ao0, together with reasonable attorney's ƒcoo and cost of collection, if ioouood` are hereby declared to he and are noudo u |iou upon the respective puroo|o of property against which the same are assessed, and upersonal liability and charge against the real and true owners o[ 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 wbich such assessments are levied, and s6o|| be first and purunuouo1 lien thereon, superior tuall other liens and o|oimu, except state, county, school district and city ud valorem taxes. A copy of this ordinance may bcfi|ed with the County Clerk of Tarrant County, Texas, and when so filed mbuU constitute complete and adequate |e&u} notice to the public concerning the liens bccehy 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 I, 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 m6aU exercise all of its lawful powers to aid in the enforcement and collection of said assessments. SECTION 7. The total amount unnoxmod against the respective parcels of property, and the ovvoorm thereof, is in accordance with the proceedings of the City hereto and is less than the proportion o[ the cost allowed and permitted by applicable law, SECTION 8. Although the aforementioned charges have been fixed, levied and assessed in the respective umounts herein stated, the City Council does hereby o:uone the 6ubt to reduce the aforementioned umaox0000nts by allowing credits to certain property owners vvbcre deemed appropriate and provided that such any such allowance does not result io any inequity and/or unjust dioorindnation. SECTION 9' Full power Wmake and levy reassessments and Wcorrect mistakes, errors, invalid mirregularities in the assessments are, io accordance with the law iu force io this City, vested iu the City. SECTION 10. In any suit upon any amme000mo( or rouaa000ueut, it obuU be sufficient 0a allege the substance of the provision recited in this ordinance and that such recitals are iu fact true, and further allegations with reference to the proceedings relating to such assessment and reassessment shall not be necessary. Ordinance No. 2O36y-09- 012 Page 3ot4 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. 1308MTOX011"UnE 1013 APPROVED AS TO FORM AND LEGALITY: Senior Assist�nt City Attorney M&C: BH-288 Adopted and Effective: September 11, 2012 Ordinance No. 20369-09-2012 Page 4 of 4 City of Fort Worth FIVE YEAR SERVICE PLAN Public Improvement District No. 11 - Stockyards FY12/13 FYI 3/14 FY14/15 REVENUES Assessment Revenues Web Site Advertising Prior Year's Assessments Total Revenues EXPENSES Management Fee Insurance Trash Removal (all other Maintenance) Website & Other Marketing Public Events City Administration Budget Expenses Estimated Operating Reserve Total Expenses FY15/16 FYI 6/17 $ 65,105 $ 65,105 $ 65,105 $ 65,105 $ 65,105 5,400 5,400 5,400 5,400 5,400 15,780 15,899 16,018 16,137 16,256 $ 86,285 $ 86,404 $ 86,523 $ 86,642 $ 86,761 13,021 13,021 13,021 13,021 13,021 425 425 425 425 425 10,200 10,200 10,200 10,200 10,200 35,740 35,740 35,740 35,740 35,740 9,000 9,000 9,000 9,000 9,000 2,000 2,000 2,000 2,000 2.000 $ 70,386 $ 70,386 $ 70,386 $ 70,386 $ 70,386 15,899 16,018 16,137 16,256 16,375 $ 86,285 $ 86,404 $ 86,523 $ 86,642 $ 86,761 NE 2, STi City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September 11.2U12 LOG NAME: 17PID1'I BENHEAR2012 REFERENCE NO.: BH-288 =======-. Conduct a Public Benefit Hearing for Public Improvement District 11, Stockyards PID, Concerning the Proposed 2012-2013 Budget and Five-Year Service F1on and Proposed Assessment F<VU, 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 the Fort Worth Stockyards Preservation RECOMMENDATION: Foundation, Inc., to Manage the District (COUNCIL DISTRICT 2) It is recommended that the City Council: 1. Conduct a public benefit hearing concerning the proposed special assessments on property located in Public Improvement District 11, the Stockyards Public Improvement District, for the 2012 tax year; 2. Approve the attached Stockyards Public Improvement District budget and five-year service plan for Fiscal Year 2O12-2O13; 3. Adopt the attached ordinance levying special assessments 0n property located inthe Stockyards Public Improvement District subject to assessment for the 2012 tax year-, 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Public Improvement District 11 Fiscal Year 2O12'2013 Project Account of the Special Assessment District Fund inthe amount of$05.1O5.00 from available funds; 5. Authorize the transfer in the amount of $2,000.00 for administrative fees from the Special Assessment District Fund, Public Improvement District 11 Fiscal Year 2O12-2013 Project ACcounttotheGpeCi8|TrVst Fund contingent upon the adoption 0y the proposed 2012 assessment roll; 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund inthe amount of $2.00O.00 from available funds; and 7. Authorize the execution of8n Agreement with the Fort Worth Stockyards Preservation Foundation, Inc., to provide management and improvement services for the Stockyards Public Improvement District during Fiscal Year 2O12-2O13 for the sum inthe amount of$13.O21.00. [hn January 28.2003. the City Council adopted Resolution No. 2825 establishing Fort Worth Public Improvement District 11 (Stockyards PID). The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2012-2013 proposed assessments to be levied on each property in the Stockyards PID to adopt an ordinance levying the proposed assessments and to adopt aO appropriation ordinance aUooabOg estimated receipts tothe P}[}'sfund. OD August 21'2O12.(M&CBH-281)the City Council conducted @ public hearing hz receive comments on the proposed Fiscal Year 2012-2013 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 Stockyards 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: ���U Improvements Budgeted | Costs Management Fee $13,021.00 insurance 425.00 Trash Removal (all other Website and Other Marketing Public Events $ 9,000.00 Budget Expenses Reserve Total Expenses $86,285.00 The total budgeted costs Cf the improvements and services are in the amount of$86,285DO. Of this amount, $65.1O5�00wiU be funded byosnessmenb;ooUmc�*jon ivate|yovvnodparcels located inthe h� d\s�byapplying a rate of$O.12 cents hneach S1U0.U0of property value. The remainder of the costs, in the amount of $21,180.00, will be funded by other revenue including, the amount of $5,400.00 from web site advertising and the amount of$15.780D0. will be funded bythe prior year's assessments carried CERTIFICATION: forward to Fiscal Year 2012-2013. The Stockyards PID is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / The Financial Management Services Director certifies that upon approval of the above recommendations, and upon the adoption of the Fiscal Year 2012-2013 budged by the City Council to include the above recommended itmm(a). funds will he available iO the Fiscal Year 2O13 Operating Budgets, aaappropriated, cd the Special Assessment District Fund and the Special Trust Fund. FUND CENTERS: TO Fund/Account/Centers 5)6) FE72 481306 017587001000 6) FE72 511010 017587001000 FROM Fund/AccountICenters ��0,00 ��0.00 $2I00.00 $13�1.00 Lognarne: Page Znf3 4) GS87 488342 002511003000 4) GS87 539120 002511003000 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: $65,105.00 $65,105.00 Fernando Costa (6122) Jay Chapa (5804) Sylvia Flores (8550) Coy Gray (6203) Logname: 17PID11BENHEAR2012 Page 3 of 3