HomeMy WebLinkAboutOrdinance 20372-09-2012ORDINANCE NO. 20372-09-2012
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 12 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. 12 (the "District"); and
WHEREAS, the boundaries of the District are along the major streets of West Bonds Ranch Road on
the North, Business Highway 287 North on the East, the extended Boat Club Road on the West and the City
limits on the South; and
WHEREAS, the Improvements to be provided in Fiscal Year 2012-2013 and their estimated costs are
as follows:
EXPENSES
Management Fee
Water
Utilities
Landscape Maintenance Program
Fence Maintenance
Security/Code Blue Programs
Communications/Newsletters
Social Programs/Holiday Lighting
Insurance
Annual Review (Audit)
City Administration Fee
Budget Expenses
Estimated Operating Reserve
Total Expense
FY2012-13 Budget
8,000
6,500
4,000
23,500
400
2,500
200
500
2,600
800
2.000
$ 51,000
4,000
$ 55,000
The total budgeted costs of the improvements are $55,000.00. Of this amount, $52,000,00 will be funded by
assessments collected on privately owned parcels located in the district. The remainder of the costs, $3,000.00
will be funded from prior years' assessments; and
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0.19 per each $100 of value, as of January 1, 2012 and detemzined by the appraisal district with jurisdiction
over property in the District; and
Ordinance No. 20372-09-2012
Page No. 1 of 4
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 -2$2) 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 I lth 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 subject to
assessment 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: $0.19 per each $100 of value.
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.
Ordinance No. 20372 -09 -2012
Page No. 2 of 4
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.
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.
Ordinance No. 20372 -09 -2012
Page No. 3 of 4
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 froin and after the date of its passage.
AND IT IS SO ORDAINED.
APPROVED AS TO FORM AND LEGALITY:
Senior Assist nt City Attorney
Adopted and Effective: September 11, 2012
Ordinance No. 20372 -09 -2012
Page No. 4 of 4
City of Fort Worth
BUDGET AND FIVE YEAR SERVICE PLAN
Public Improvement District #13- Chapel Hill
REVENUE
P|DAesessments
Prior Year's Assessments
Total Revenues
EXPENSES
Management Fee
Water
UhUUem
Landscape Maintenance Program
Fence Maintenance
Security/Code Blue Programs
Communications/Newsletters
Marketing
Social Programs/Holiday Lighting
Capital Improvements
Replacements
Insurance
Annual Review (Audit)
City Administration Fee
Budget Expenses
Estimated Operating Reserve
FY12/13
FY18114
FY14M5
FY15d6
FY1�17
52.000
58.000
04.000
75.000
90.000
3,000
4,000
7,000
10,000
10,080
$ 55.000
$ 62.000
$ 71.000
$ 85.000
*100.000
8,000
8,008
8.000
6.500
7'000
7.100
4.000
4^300
4.500
23.500
28.200
28.000
400
400
1.000
2.500
2.500
2.500
200
500
600
-
-
100
500
500
600
-
'
-
-
3,000
2.000
2.600
2.700
800
008
000
2,000
2,000
2,000
4.000
7'000
10,000
10,000
10.000
7.800
0.000
5.800
7.500
32`000
34.000
2.000
3.000
3.000
3.000
1.000
1.200
300
300
1.080
3.000
3.500
6,000
3.000
5.000
2.800
3.000
1.000
1.000
2.000
2.000
10,000 12,000
Total Expense $ 55,000 $ 62,000 $ 71.000 $ 85,000 $1uOoO8
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City of Fort Worth, Texas
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DATE: Tuesday, September 11.2O12
LOG NAME: 17P|D12BENHEAR2012
REFERENCE NO.: BH-289
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 12, Chapel Hill PID, Concerning the
Proposed 2012-2O13 Budget and Five Year Service Plan and Proposed Assessment Ro[Ado[d
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 RTI/Communities Management
Associates, Inc. d/b/a CyWA, to Manage the District (COUNCIL DISTRICT 7\
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 12, Chapel Hill Public Improvement District, for the 2012 tax year;
2. Approve the attached Fiscal Year 2012-2013 budget and five-year service plan for the Chapel Hill
Public Improvement District;
3. Adopt the attached ordinance levying |assessments on property located in the Chapel Hill Public
Improvement District subject to assessment for the 2012 tax year:
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations inihe
Public Improvement District 12 Fiscal Year 2012-2013 Project Account of the Special Assessment District
Fund inthe amount mf$52.00O.OD 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 12 Fiscal Year 2O12-2O13 Project AcoounttotheGpeoia|Trunt
Fund contingent upon the adoption of the proposed ordinance levying assessments;
d Adopt the attached appropriation ordinance increasing estimated receipts and appropriations inthe
Special Trust Fund in the amount of $2,000.00 from available funds; and
7. Authorize the execution of an Agreement with RTI/Communities Management Associates, Inc. d/b/a
CMA, to provide management and improvement services for the Chapel Hill Public Improvement District
during Fiscal Year 2O12-2O13 for the sum in the amount of$8.O0O.0D.
On March 23, 2004, the City Council adopted Resolution No. 3060 establishing Fort Worth Public
Improvement District 12 (Chapel Hill PID).
Logname: 17PII)12BENHEAR20)2 Page of
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 attached appropriation ordinances allocating estimated
receipts tothe District's fund.
Dn August 21.2Oi2.(K8&CBH-2O2) the City Council conducted a public hearing to receive comments on
the proposed 2012-2013 Fiscal Year budget and five-year service plan. Notice of this benefit hearing was
published in the newspaper and mailed to all record owners of property in the Chapel Hill 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:
The total budgeted costs 0f the improvements are in the amount mf $55.00N.00.0f this amount,
$52,000.00 will be funded by assessments collected on privately owned parcels located in the District by
applying a rate of $0.19 cents to each $100.00 of property value. The remainder of the costs, in the
amount $3.0OO.OU. will be funded by prior year's assessments.
The Chapel Hill PID is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director oerUfiee 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
Logoume:l7PlDl2BENDEAR20I2 Page 2o[3
Total
Improvements
Budgeted
Costs
,Management Fee
lLandscape Maintenance
1 lProgram
$23,500.00
IFe-nce Maintenance
$__ 460.0-0
Social Programs/Holiday
$ 500.00
�Budget Expenses
$51,000.00
Operating
,Estimated
Total Expenses
The total budgeted costs 0f the improvements are in the amount mf $55.00N.00.0f this amount,
$52,000.00 will be funded by assessments collected on privately owned parcels located in the District by
applying a rate of $0.19 cents to each $100.00 of property value. The remainder of the costs, in the
amount $3.0OO.OU. will be funded by prior year's assessments.
The Chapel Hill PID is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director oerUfiee 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
Logoume:l7PlDl2BENDEAR20I2 Page 2o[3
recommended item(s), funds will be available in the Fiscal Year 2013 operating budget, as appropriated,
of 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
4) GS87 488342 002512003000
4) GS87 539120 002512003000
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
$2,000.00 5) GS87 539120 002512003000
$2,000.00 7) GS87 539120 002512003000
$52.000.00
$52,000.00
Fernando Costa (6122)
Jay Chapa (5804)
Coy Gray (6203)
Sylvia Flores (8550)
Logname: 17PID12BENHEAR2012 Page 3 of 3