HomeMy WebLinkAboutResolution 4120-08-2012A Resolution
NO. 4120-08-2012
ESTABLISHING FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 15
(SUN VALLEY PID) AND TAKING CERTAIN OTHER ACTIONS CONCERNING
THE DISTRICT
WHEREAS, on July 20, 2012 the City Council of the City of Fort Worth received a
petition for the establishment of the Fort Worth Public Improvement District No. 15 (the
"PID"); and
WHEREAS, in accordance with Section 372.009 of the Texas Local Government
Code (the "Code"), the City Council held a public hearing at its regular, open and public
meeting on August 14, 2012 (the "Public Hearing") concerning the following matters:
• the advisability of establishing the PID
• the general nature of the proposed improvements and services to be undertaken
in the PID;
• the estimated costs of such improvements and services;
• the boundaries of the PID;
• the proposed method of assessment; and
• the proposed apportionment of costs between the PID and the City as a whole;
and
WHEREAS, in accordance with Section 372.009(c) of the Code, notice of the
Public Hearing and all of the above-referenced information was published in the Fort
Worth Star-Telegram, a newspaper of general circulation in the City, on July 27, 2012,
which date was before the fifteenth (15th) day prior to the date of the Public Hearing; and
WHEREAS, in accordance with Section 372.009(d) of the Code, notice of the
Public Hearing and all of the above - referenced information was mailed to all property
owners subject to assessment under the proposal set forth in the petition on July 27, 2012,
which date was before the fifteenth (15th) day prior to the date of the Public Hearing; and
WHEREAS, after hearing all public comments in the Public Hearing, the City
Council found that (i) the petition includes the information required by Section 372.005(a)
of the Code; and (ii) the petition is sufficient because (a) in accordance with Section
372(b)(1) of the Code, it has been signed by owners of taxable real property representing
more than fifty percent (50%) of the appraised value of taxable real property liable for
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Resolution No. 4120 -08 -2012
assessment under the proposal set forth in the petition, as determined by the current roll of
Tarrant Appraisal District, and (b) in accordance with Section 372.005(b)(2)(B) of the
Code, it has been signed by record owners of real property liable for assessment under the
proposal set forth in the petition who own taxable real property that constitutes more than
fifty percent (50 %) of the area of all taxable real property that is liable for assessment
under such proposal; and
WHEREAS, final adjournment of the Public Hearing occurred on August 14, 2012;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. Findings.
The City Council, after duly considering the evidence and testimony presented at
the Public Hearing and based on all information known by the City Council, hereby makes
the following findings:
1.1. It is advisable to establish the PID.
1.2. It is advisable that the City exercise the powers granted by Chapter
372 of the Code in connection with the establishment of the PID, including
the undertaking of improvement projects and services that confer a special
benefit on property in the PID and the levying and collection of special
assessments on property in the PID, based on the benefit conferred by such
projects and services.
1.3. It is advisable that the following improvement projects and services be
undertaken and provided in the PID, which projects and services are all
hereby found to promote the interests of the City:
(a) An improvement district security patrol program, designed to increase the
security, walk - ability, employee safety, and enhance the business environment of
the industrial park. The program will involve manned, after -hours patrols
working in a bright vehicle equipped with flood lighting and rotation spotlight.
(b) Various security- related or other capital improvements within the PID,
including, but not limited, to lighting, landscaping, signage, sidewalks, and street
and drainage improvements.
(c) An improvement district management program to provide for the
establishment, administration and operation of the proposed expansion area of the
District, when funds are available.
Such improvements and services will be a supplement to the standard existing
level of City improvements and services and will constitute an added
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Resolution No.
increment to the improvements and services normally provided to the
taxpayers generally. The City will continue to furnish or pay for the standard
services in the PID at the same level, as they would be provided for the
taxpayers generally.
1.4. The PID will provide improvements or services in the 2012-13 fiscal year because
there will be assessment revenues for the 2012 tax year. For the 2012-13 fiscal year, the
estimated cost of the above-referenced improvements and services, and estimated costs to
implement such improvements and services are:
Management Fee
6,108.00
Security Patrol Services (wages,
54,200.00
taxes, workers comp., etc.)
Security Patrol Services (vehicle
7,000.00
fuel, rep I acement/maintenance, etc.
Insurance
500.00
Audi t/Accounting
1,000.00
City Administration
2,000.00
Estimated Operating Reserve
1,048.00_
71,856.00
Such estimated costs are reasonable and appropriate. The estimated costs of
improvements and services provided in the 2012-13 fiscal year will be determined in a
subsequent annual budget and service plan for the PID approved by the City Council in
September 11, 2012 in accordance with Chapter 372 of the Code. Such costs will be paid
from assessments levied in accordance with Chapter 372 of the Code. The five (5)-year
service plan proposed for the PID is attached hereto as "Attachment I".
1.5. The boundaries of the PID proposed in the petition is the area described and
depicted in the map attached hereto as "Attachment 2, Exhibit B".
1.6. The method of assessment is proposed to be as follows:
(a) Beginning in 2012, an annual budget and service plan will be approved by
the City Council prior to the beginning of each fiscal year of the term of the PID
in accordance with Section 372.013 of the Code.
(b) The cost of each improvement and service provided during a fiscal year
will be assessed against real property within the PID benefitting from such
improvement or service based on the value of such property, including the value
of structures or other improvements on the property, as determined by Tarrant
Appraisal District.
(c) The annual assessment during the first year of the PID shall not exceed
$0.27 per $100 of the appraised value of real property and improvements located
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No. 4120 -08 -2012
therein. The City will be responsible for payment of assessments against any tax -
exempt City -owned property located in the PID. Otherwise, tax exempt
properties or government -owned properties in the PID will not be assessed unless
the owners of such properties enter into a contract with the City to pay
assessments. All the taxable properties in the PID will be assessed equally unless
this Resolution is amended following a public hearing held in accordance with
Section 372.016 of the Code concerning the proposed adoption of an ordinance
implementing a different method of assessment authorized by Section 372.015 of
the Code.
Based on the improvements and services to be undertaken in the PID, as outlined
herein and in the service plan, the City Council hereby finds that the proposed method of
assessment is reasonable and necessary.
1.7. The apportionment of costs between the PID and the City as a whole is as
follows:
(a) The entire cost of each improvement and service will be paid from
assessments levied in accordance with Chapter 372 of the Code.
(b) No City funds will be used to pay any portion of the cost of any
improvement or service, unless such funding is approved from the City Council or
other appropriate municipal authority on a case -by -case basis.
2. Establishment of the PID; Term.
Based on the findings set forth above, the PID comprising the boundaries set forth in
Section 1.5 above is authorized to be established and shall be known as Fort Worth Public Improvement
District No. 15. The PID's boundaries may be expanded only by the same procedure required by
Chapter 372 of the Code for establishment of the PID. The PID shall take effect on the date on which
the City Council's authorization to establish the PID pursuant to and in accordance with this Resolution
is published in a newspaper of general circulation in the City in accordance with Section 372.010(b) of
the Code and shall expire on the earlier of (i) September 30, 2032; (ii) the effective date of a Resolution
dissolving the PID adopted by the City Council following receipt of a petition requesting dissolution and
the holding of a public hearing to consider such dissolution in accordance with Section 372.011 of the
Code; or (iii) any other lawful method provided for dissolution of a public improvement district pursuant
to the Code, as it may be amended. Notwithstanding anything to the contrary herein, the PID shall
continue in effect until all obligations of indebtedness for all previously - authorized improvement
projects and services in the PID have been fully satisfied and discharged. The PID shall be subject to all
conditions, limitations, and reservations set forth in the findings in Section 1.
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No. 4120 -08 -2012
3. Approval of Budeet and Five -Year Service Plan.
The budget and five (5) -year service plan for the PID, as set forth in Section 1 and
Attachment 1 hereof, are hereby approved.
4. Advisory Body.
The City Council hereby declines to appoint an advisory body for the PID pursuant to
Section 372.008 of the Code. The City Council hereby reserves the right to assign responsibility for
preparation of the ongoing service plan for the PID to another entity in the absence of such an advisory
body, as authorized by Section 372.013(a) of the Code.
5. Effectiveness; Restriction on Construction of Improvements.
The City Council's authorization for establishment of the PID pursuant to this Resolution
shall not take effect until the date as of which such authorization has been published in a newspaper of
general circulation in the City in accordance with Section 372.010(b) of the Code (the "PID Effective
Date "). All other provisions of this Resolution shall be effective from and after adoption of this
Resolution. In accordance with Section 372.010(c) of the Code, actual construction of any improvement
authorized under the approved service plan for the PID may not begin until after the twentieth (20th) day
following the PID Effective Date.
6. Publication.
The City Secretary is hereby directed to publish notice of the City Council's
authorization to establish the PID once in a newspaper of general circulation in the City.
ADOPTED this 21st day of Au&ust 2012.
ATTEST: '"2
Mary J. Kays) ity Secretary
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ATTACHMENT
City of Fort Worth
Budget and Five Year Service Plan
Public Improvement District No. 1m' SUN VALLEY
Fv12n3
FYI 3/14
FY 14115
REVENUES
p|Dassmsomm^m
71.856
75.633
87.272
89.017
01'242
Prior Year's Assessment
'
1,048
4,259
16619
3161
Total Revenues:
*71.856
$76,681
$ 91.531
$ 10e.63e
$e4.4wa
EXPENSES
Management Fee (Aumin.)
6.108
6.518
7'780
8.979
8.024
Security Patrol Services (waUov. taxes, workers oump..etc)
54.200
55.e84
58.390
57.517
58.608
Security Patrol Services (vehicle fuel, R&M.insurance)
7.000
7.105
7'212
7.320
7.430
Capital Improvements
'
25.113
15.000
|naumnuo
500
500
500
500
500
Audit/Accounting
1.000
1.015
1.030
1.046
1.061
City Administrative Fee
2.000
2.000
2.000
2.000
2.000
Budget Expenses:
Estimated Operating Reserve
1.048
4.259
16'618
3.101
1.720
Total Expenses:
$ 71.856
$ 76,ou1
* e1.531
$ 105.636
$ 94.403
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DALE
JOHN DAy
[L) TO
PID 15- Sun Valley
PID 15
City of Fort Worth., Texas
Mayor and Council Communication
DATE: Tuesday, August 21, 2012 REFERENCE NO.: G-17654
LOG NAME;17P|O15GUNVALLEYFlE@
SUBJECT:
Adopt Resolution Establishing the Fort Worth phNio Improvement District No. 15, Sun Valley (COUNCIL
DISTRICT 5)
|tia recommended that the City Council:
1. Adopt the attached Resolution which: (i) makes certain findings concerning the nature and advisability
o[ the improvements and services bJbe provided iOthe Sun Valley Public Improvement District, the
estimated costs, the boundaries of the Sun Valley Public Improvement District, the method of assessment
and the apportionment of costs between the Sun Valley Public Improvement District and the City aS8
whole; (ii) establishes the Sun Valley Public Improvement District; and (iii) approves the budget and a
Five-Year Service Plan for the Sun Valley Public Improvement District;
2. Direct the City Secretary ho publish notice Vfthe establishment of the Sun Valley Public Improvement
District as required by Chapter 372 of the Texas Local Government Code; and
3` Set a public benefit hearing for September 11, 2012 at 7:00 p.m. for final consideration of the Sun
Valley District's Fiscal Year 2012-2013 Budget and Five-Year Service Plan and 2012 Assessment Roll.
On July 20, 2012, the City Council received a petition requesting establishment of the Fort Worth Public
Improvement District No. 15 (P|[J No. 15, Sun Valley). The Staff has reviewed the petition and finds that it
contains sufficient signatures and meets other requirements mf Chapter 372Of the Texas Local
Government Code necessary for the City Council to create the PID.
(]n August 14.2O12.(K4&C BN-275) the City Council conducted o public hearing io consider the following
• The advisability of establishing the proposed Public Improvement District for a term of approximately
2O years, expiring September 30.2O32;
• The general nature Vf the proposed improvements and/or services;
• The estimated costs of the improvements and/or services;
• The proposed boundaries of the Public Improvement District; and
• The proposed method ofassessments.
The proposed P|D 15islocated in COUNCIL DISTRICT 5.
CERTIFICATION: FISCAL INFORMATION /
The Financial Management Services Director certifies that, upon approval of the above recommendations,
it will have no material effect on City funds.
FUND CENTERS:
TO Fun d/Accou nVC enters
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (0122)
Jay Chapa (5804)
Sylvia Flores (8550)
Coy Gray (6203)
Logname: SUNVALLEYRES Page 2of2