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HomeMy WebLinkAboutOrdinance 17144-09-2006ORDINANCE NO. 1.71.44-09-2006 AN ORDINANCE CLOSING THE IIEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1I DURING FISCAL YEAR 2Q06-07; 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 during Fiscal Year 2006-07; and WHEREAS, the District consists of the area bounded by Northeast 28th Street on the north side, the Burlington Noz~heni Santa Fe Railroad tE•acks on the east side, Northeast 23rd Street and Flores Street on the south side, and Houston Street, West Exchange Avenue, Clinton Avenue, Pinney Avenue, Northwest 25th Street, and Ellis Avenue on the west side; and WHEREAS, the improvements/services to be provided are as follows: 1. A marketing program consisting of advertising, marketing events and ranagement of a signage program; 2. A security enhancement program; 3. A stzeet and sidewalk cleanliness program; 4. A management program to provide for the establishment, administration and operation of the Dish•ict; 5, A City Adn~inisti'ation; and WHEREAS, the cost of such improvements is as follows: Total Bud eted Costs 1) Marketing Campaign $ 30,060 2) Security 6,000 3) Street and Sidewalk Cleanliness 3,200 4) Operations 16,000 5} City Administration (2% of budgeted assessments) 2.000 $ 57,200 The total budgeted costs of the improvements are $57,200. Of this amount, $48,627 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $8,573 will be funded by un-used prior year assessments. Upon adoption of this ordinance, the fund balance far PID I I to be carried forward to FY2007-OS budget will be $44,427A0. (Note: 1~und balance accumulation planned for future projects such as signage for District and website management.) WHEREAS, the impravemezats are fully described in a service, irnproveinent and assessment plan which was adopted by the City Council on August 22, 2006 {M&C G-15370) and is on file in the office of the City Secretary; and WHEREAS, the improvements shall be provided by the Stockyards National Historic Preservation, Inc. under a contract;with the City of Fort Worth; and WHEREAS, $57,200 of the cost of tlae improvements shall be assessed against property located in the District and the owners of property; and WHEREAS, the assessments shall be based an tine value of each parcel on January 1, 200b, as detennined by the City Council, including the value of the structures nn other improvements, with the assessment on each parcel to be determined by applying a rate of $0.10 per each $100 of property value: WHERE~,S, such proposed assessment roll was approved and adopted by the City Council of the City of Fort Worth, and a titre and place was set for a hearing, and the proper notice of the time, place and purpose of said hearing was given and said hearing was held at the time and place fixed therefore, to-wit, on the 12th day of September, 2006, at 10:00 a.zaa. in the Council Chamber in the City Hall in the City of b'ort Wog#h, Texas, and at such hearing various protests and objections were made, and all desiring to be heard were given a full and fair opportunity to be heard, and the City Council, having fully considered all proper matters, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OE FORT WORTH, TEXAS: SECTION 1. Said hearing be, and the same is hereby, closed and the said protest and objections, and any and all other protests and objections, whether herein enumerated or not, be and the same are hereby oven-uled. SECTION 2. The City Council, from the evidence, 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 floe benefits to the respective parcels of property by means of the improvements in the District far 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 said improvements in the District and for which assessment is levied and charge made, in a sum in excess of said assessment and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improvements is in accordance with the law in force in this City, and the proceedings of the City heretofore had with reference to said improvements, and is in all respects valid and regular. The City Council, from the evidence, further finds that the values of the respective parcels of property an January 1, 2006, 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 ar not), the sums of money itemized per parcel of property, and the nwners thereof, as far as such owners are lcxiown. SECTION 4. Where more than one person, firm or corporation owns an interest in airy property described herein, each said person, firm or corporation 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 S. 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, Subchapter A, Sections 372A18(b}, et. seq., of the Local Govermnent Code {the Public Improvements District Assessment Act), together with reasonable a#tosney'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 a~°e 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 the said liens shall be and constitute the first enforceable lien and clai2n against the property on which such assessments are levied, and shall be a fn•st 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 sa filed shall constitute complete and adequate Iegal 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 as follows, to-wit: The assessments shall be payable on or before 7anuary 31, 2007, and shall become delinquent if not paid by February 1, 2007. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2407 at the same rate as prescribed by law for airy delinquent ad valorem tax until paid. SECTION G. if default shall be made in the payment of any assessments, collection thereof shall be enforced by suit in any couxt 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 relating to said improvements and assessments thereof and is less than the proportion of the east allowed and permitted by the law in force in the City. SECTION $. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts herein stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate. Notwithstanding the City Council has herein reserved the right to issue credits, it shall not be required to issue credits, and will not do so, if same would result in any inequity andlor unjust discrimination. The principal amount of each of the several assessments levied by the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment herein levied such amount or amounts, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments. SECTION 9. Full power to rnalce and levy reassessments and to con•ect mistakes, errors, invalidates or irregularities in the assessments are, in accordance with the law in force in this City, vested in the City. SECTION 10. All assessments levied are a personal liability and charge against the real and true owners of the property described, notwithstanding such owners may not be named, or may be incorrectly Warned. SECTION I1. In any suit upon any assessxtaent ar reassessment, it shall be sufficient to allege the substance of the provision recited in this ordinance and that such recitals are iW fact true, and further allegations with reference to the proceedings relating to such assessment and reassessment shall not be necessary. SECTION 12. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of Chapter 372, Subchapter A, Sections 372.001 et seq., of the Texas Local Government Code (the Public Improvements District Assesszx-ent Act). SECTION 13. Should any pardon, 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 ar judgment shall in no way impair the remaining portions, sections, or parts of sections of dais ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 14. That this ordinance shall be cumulative of Ordinance No. 15677 and 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 15. ordained. This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so APPROVED AS TO FORM AND LEGALITY: 8- City Attorney Date 2 ,2006 en~eran er,1,.,, ,, ,....... Adopted Effecti e 4 City of Fart Worth FIVE YEAR SERVICE PLAN Pubiic Improvement District No. 19 -Stockyards REVENUES Assessment Revenues Prior Year Assessments Total Revenues EXPENSES Qperations Genera[ Liability Insurance Office Suppfes, Administration &Website Management Marketing Campaign Cawtawn Coliseum 1 DOth Anniversary Celebration Website Marketing Street Banners Security Enhancement Trash Removal Purchase of Trash Receptacles Signs for Trash Receptacles City Administration 7atal Expenses BALANCE FY06107 FYD7lDS FY08109 FY0919 D FY10119 48,627 48,fi27 48,627 48,627 48,627 53,ODD 44,427 34,054 23,681 13,308 101,627 93,D54 82,681 72,3D8 69,935 1,DOD 1,000 1,000 1,D00 1,000 15,D00 15, 000 15,000 15,000 15,DDD - 25,000 25,000 25,000 25,DDD 10,D00 - - - - 10,OOD - - - 10,OOD - - .. - 6,DD0 6,000 6,000 6,OOD fi,04D - 10,OOD 10,D00 1D,OOD 10,DDD 2,700 - - - .. 50D - - - - 2,ooD 2,000 2,DDD 2,DOO 2,ooa 57,200 59,000 59,DOD 59,000 59,000 44,427 34,054 23,681 13,3D8 2,935 . ~ ~ ""'"'~" ~ PEAR 1 ~ _... ~ V ~ ~ ~ ® ~ N ~ _- - -- x ~ © e __._ MARKET R1f109 ~ ~9Nd x UNCO INCOLN ~~ - -~ REFi1Gt0 H LLAffo ~ 4,O~aSOL~d .~ ,. S! =~ .x o~ -i x c~kraT~r~ _,.-' ~' a HOUS7 N '~ ,~"'" Nom' i 2 STOCKYARDS City ~f ~"®rt V~I~-~~r, texas Mayor and Council Communication CC)UNCIL ACT!®N: Approved on 9/72/2006 - ©rdinance No. 77144-09-2006 &'[7'145-09-2006 DATE: Tuesday, September 12, 2006 LOG NAME: 13PID11 BEN06-07 REFERENCE N®.: BH-224 SUBJECT: Benefit Hearing for Fort Worth Public Improvement District 11 (Stockyards) Concerning Proposed Property Assessments, Adoption of Ordinance Levying Assessments far FiscaC Year 2006-07 and Adoption of Appropriation Ordinance Allocating Estimated Receipts to the District ~- ~ - - RI=C©MMENDATION: It is recommended that the City Council: 1. Hold a benefit hearing concerning the proposed property assessments for Fort Worth Public Improvement District 11 (PID 11} for Fiscal Year 2006-07; 2. Adopt the attached ordinance which levies the proposed assessments for PID 11 fvr Fiscal Year 2006- 07; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $57,200.00 in the Special Assessment District Fund PID 11 Project account from available funds. DISCUSSION: The purpose of this benefit hearing is to receive comments from the public regarding the 1=fiscal Year 2006- 07 proposed assessments to be levied on each property in Fort Worth PID 11, to adopt an ordinance levying the proposed assessments and to adopt an appropriation ordinance allocating estimated receipts to the District. On August 22, 2006, (M&C G-15370) the City Council approved the Fiscal Year 20(36-07 budget and five- year service plan (attached), directed that certain improvements and/or services be provided in PID 11 during the Fiscal Year 2006-07, adopted the proposed 2006 assessment roll and provided notice of this benefit hearing. Based upon the five year service plan budget the current and projected revenues will fund the following: lrnprovert~ent 1}Marketing Campaign 2) Security 3) Street and Sidwalk Cleanliness 4) Operations 5) City Administration (2% of budgeted assessments or min.of $2,000.00) Total l=xpenditures Projected Fund Balance 0913010'7 Total Revenues " Total Budgeted Casts $30, 000.00 ~6,aoo.oo $3,200.00 $16,000.00 2 aoo.oo $57,200.00 $44,427.00 101,627.00 Lngname: 13PID11BEN06-07 Page 1 of 2 ~" Includes current and projected assessment revenues. The total budgeted costs of the improvements and services are $57,200.00, which will be funded by assessments c011ected on privately owned parcels located in the district by applying a rate of $0.10 cents to each $100.00 of the value of such property, as determined by the City Gouncil. Upon approval of this M&C, the fund balance for PID 11 to be carried forward to the FY2007-08 budget will be $44,427.00. (Note: Fund balance accumulation planned for future projects such as signage and website management). Based an the appraised value of the property and considering the benefits to be received from the proposed improvements, it is the opinion of the City staff that an amount equal to ar mare than the prapnsed assessments, upon completion of the improvements in accordance with the contract, will enhance each parcel of property in value. PID 11 is commonly known as the "Stockyards" PID and is located in COUNCIL DISTRICT 2. A map and budget are attached. FISCAL INFORMATIONICERTIFICATiON: The Finance Director certifes that upon adoption of expenditure will be available in the Fiscal Year 2006-07 Assessment District Fund. the attached ordinances, funds required far this operating budget, as appropriated, of the Special TO FundlAccountlCenters GS87 488342 002511003000 $57,200.00 G587 639120 002611003000 $57,200.00 FROM FundlAccountlCenters Submitted for Ci Mana er's Office ~ Karen Montgomery (6222) Oricsinatina ®epartment Head: Richard Zavala (Acting) (6101} Jenny Townsend (6030) Additional Information Contact: Becky Wood (8550) Logname: 13PID11BEN06T07 Page 2 of 2