HomeMy WebLinkAboutOrdinance 20375-09-2012ORDINANCE NO. 20375-09-2012
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 14 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. 14 (the "District"); and
WHEREAS, the District consists of an area of approximately 21.329 acres bounded by
Samuels Avenue, East Belknap Street, East Bluff Street, East Peach Street, Gounall Street,
and North Harding Street; and
WHEREAS, the Improvements to be provided in Fiscal Year 2012-2013 and their estimated costs are
as follows:
EXPENSES
Management Fee (Admin.)
1,575
Landscape/Tree Maintenance
12,000
Trash Removal
8,443
Marketing (Banners & main.)
8,800
Replacements
500
Insurance
500
City Administrative Fee
2,000
Budget Expenses; $33,818
Estimated Operating Reserve 12,127
Total Expenses: $45,945
The total budgeted costs of the improvements are $45,945,00. Of this amount, $27,000.00 will be funded by
assessments collected on property subject to assessment in the District, and $18,945.00 will be funded from
the prior year's assessments.
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0.10 for 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-283) and have been on file in the office
of the City Secretary for public inspection; and
Ordinance No. 20375-09-2012
Page No. 1 of 4
WHEREAS, the Improvements and proposed assessment roll was once again heard by the City
Council on the I I 1h 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: $0.10 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.
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
Ordinance No. 20375-09-2012
Page No. 2 of 4
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.
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.
Ordinance No. 20375-09-2012
Page No. 3 of 4
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:
L�
error Ass �tant City -M lorney
M&C: BH-290
Adopted and Effective: September 11, 2012
Ordinance No. 20375-09-2012
Page No. 4 of 4
City ofFort Worth
Budget and Five Year Service Plan
Public Improvement District No. 14' TRINITY BLUFF
REVENUES
P0Aommoments
Prior Year's Assessment
Total Revenues:
EXPENSES
Management Fee (Admin.)
Water
Ud|\hea
Landaoope/TreeMaintenanma
Trash Removal
Security Enhancement Program
Marketing (Banners & main.)
Capital Improvements
Replacements
Insurance
Annual review (AudiV
City Administrative Fee
Budget Expenses:
Estimated Operating Reserve
Total Expenses:
27,000
46,225
100.000
150,000
150'000
18.945
12.127
15.372
16.572
31.772
12'127
2'000
3.000
2k000
3.000
12.000
15.000
15.000
17.000
22'O0O
1,575
2.680
5.000
18.000
20,500
1,000
1.000
2,000
2.000
12'127
2'000
3.000
2k000
3.000
12.000
15.000
15.000
17.000
22'O0O
8,443
10.000
20.000
25,000
27.500
-
40.000
50.000
50'000
8.800
8.800
9.800
10.800
10.800
3.000
3.000
500
500
1.000
1.000
1'000
500
500
1.000
1.000
1.000
500
1.000
1.000
1.000
2'000
2.000
2.000
3.000
3.000
$ 134,800
$i
12'127
15.372
16,572
31.772
36,972
City of Fort Worth., Texas
Mayor and Council Communication
DATE: TueadavSeptember11.2012 REFERENCE NO.; BH-280
LOG NAME: 17P|D14BENHEAR2012
SUBJECT:
Conduct Public Benefit Hearing for Public Improvement District 14, Trinity B|uffP|O, 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, Adopt Appropriation Ordinances to
Increase Estimated Receipts in the Special Assessment District Fund and Special Trust Fund for Fiscal
Year 2O12-2013 and Authorize Execution ofan Agreement with Downtown Fort Worth, |nc..to Manage the
RECOMMENDATION: District (COUNCIL DISTRICT 9)
|tis recommended that the City Council:
1. Conduct a public benefit hearing concerning the proposed special assessments on property located in
Public Improvement [)ishi<t 14. Trinity ERuffP|D. for the 2012 tax yea�
2. Approve the attached Fiscal Year 2012-2013 budget and five-year service plan for the Trinity Bluff P|0;
3 Adopt the attached ordinance levying special assessments on property in the Trinity Bluff PID subject
to assessment for the 2012 tax year;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Public Improvement District 14 Fiscal Year 2O12-2O13 Project AoCOV0toftheGpaoia|/\ssoaemmrdD\sthct
Fund iOthe amount of$27.DOO.OU 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 14 Fiscal Year 2O12'2O13 Project A000unttodheSpeca|Truot
Fund contingent upon the adoption of the proposed ordinance levying assessments;
0. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund inthe amount of$2'OOO.DO from available funds; and
7. Authorize the execution of an Agreement with Downtown Fort Worth, Inc., to provide management and
improvement services for the Trinity Bluff PID during Fiscal Year 2012-2013 for the sum in the amount of
$1,575.00.
[n June 10'2OD9. the City Council adopted Resolution No. establishing Fort Worth Public
Improvement District 14 (Trinity Bluff PID).
17PU]1 l2 Pagel of3
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|O, adopt the attached ordinance levying the proposed
assessments and to adopt the attached appropriation ordinances allocating estimated receipts to the
Trinity Bluff P|[)'ofund.
On August 21.2O12,/M&CBH-283\ the City Council conducted a public hearing hn 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 Trinity Bluff PID
in accordance with state law.
The improvements and services tObe provided in the P\[)during the Fiscal Year 2012-2O13 and the costs
thereof are as follows:
Total Budgeted
Costs
$ 1,575.00
$ 500.00
$ 500.00
$ 2,000.00
-----------
$33,818.00
$12,127.00
The total budgeted of the improvements are in the amount of $45,945.00. Of this amount,
$27'0DO.0O will be funded by assessments collected on privately owned parcels located in the district bv
levying special assessments otm rate cf $O.1O cents per each $1D0.00Of value. The remainder ofthe
costs, in the amount of$18.S45.O0' will be funded from the prior year's assessments.
The Trinity Bluff PID\s located in COUNCIL DISTRICT 0.
CERTIFICATION: 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 budget bythe City Council to include the above
nsoommendedihem/n\'fundswiUbeavai|ob|eintheFisma|Yaar2Oi3OperoUngBudgmts.asapprnpriabed.
of the Special Assessment District Fund and the Special Trust Fund.
LuLpnumc: 17PlZ}14B£0B[EAJl2012 Page 2o[3
FUND CENTERS:
TO Fun d/Accou nt/C enters
5)6) FE72 481306 017587001000
6) FE72 511010 017587001000
4) GS87 488342 002514009000
4) GS87 539120 002514009000
CERTIFICATIONS:
Submitted for City Manager's Office b
X.
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
$2,000.00 5) GS87 539120 002514009000
$2,000.00 7) GS87 539120 002514009000
$27,000.00
$27,000.00
Fernando Costa (6122)
Jay Chapa (5804)
Sylvia Flores (8550)
Coy Gray (6203)
$2,000.00
$1,575.00
Logname: 17PID14BENHEAR2012 Page 3 of 3