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HomeMy WebLinkAboutOrdinance 17146-09-2006ORDINANCE NO. 17146-if9-20flG AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 2406-47; FIXING CHARGES AND LIENS AGAINST PROPERTY IN THE DIS'1'RICT 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 TIIE EXTENT OF ANY CREDIT GRANTED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Councii of the City of Fort Worth, Texas, has heretofore directed that certain improvements and/or services (the "improvements"} shall be provided in the Tort Worth Public Improvement District No. l during Fiscal Year 2DD6-07; and WHEREAS, the District consists of an area bounded by Cununings Street, Bluff Street, Elm Street, Belknap Street, Nichols Street, Weatherford Street and the AT & SF Railroad tracks on the east; Lancaster Stree#, Texas Street, Florence Street, and 10th Street on the south; and the Trinity River on the west and north, and WHEREAS, the improvements to be provided axe as follows: 1. A maintenance and landscaping program 2. A marketing program 3. A security program 4. A transportation parking program S. A management program; G. City administration; and WHEREAS, the cost of such. improvements is as follows: Total Budgeted Costs 1) Maintenance/Landscaping $1,039,897 2) Marketing 242,77D 3) Security 32,781 4) Transportation & Paxking 155,004 5) Oper°ations 288,60D 6) City Administration (2% of budgeted assessments) 26,000,,. $1,785,048 The total budgeted casts of the improvements are $1,785,048. Of this amount, $1,300,000 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $485,048, will be funded by other revenue sources, including: ® $24D,655 in a direct payment from the City for payment in lieu of assessments as required by Section A 372.014 (b) of the Local Government Code, which was appropriated from the General Fund balance by City Council action on August 22, 2406 (M&C G-15368); $127,613 in direct payments from the City for payment in lieu of services, which was appropriated from the General Pund balance by City Council action on August 22, 2406 (M&C G-1.5368); o $125,280 in revenues generated by district activities; ® $25,000 from prior year assessments; and o $6,500 in interest earned. WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on August 22, 2006 (M&C G-15368}, and is on file in the offrce of the City Secretary; and WHEREAS, the improvements shall be provided by Downtown Fort Worth, Inc. ("DFWI") under a contract with the City of Fort Worth; and WHEREAS, $1,785,0~F8 of the cost of the improvements shall be assessed against property located in the District and the owners of property, and the balance of the difference between the amount to be assessed and the total cost of the project will be paid by other revenues received by DFWI; and WHEREAS, the assessments shall be based on the value of each poi°cel on 7anuary 1, 20Q7, as determined by the City Council, including the value of the structures on other improvements, with the assessment on each parcel to be determined by applying a rate of $0.12 cents to each $100 of property value; and WHEREAS, such proposed assessment roll was approved and adopted by the City Council of the City of Fort Worth, and a time and place was fixed for a hearing, and the proper notice of the time, place and pur~ase of said hearing was given and said hearing was had and held at the time and place fixed therefore, to-wit, on the 12t' day of September, 2006, at 10:00 a.m, in the Council Chamber in the City Hall in the Gi#y of Fart Worth, Texas, and at such hearing various protests and objections were made, and all desiring to be heard were given a foil and fair opportunity to be heard, and the City Council of the City, 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, SE IT ORDAINED BY THE CITY COUNCIL OF' THl~ CITY OF 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 overruled. 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 and that 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 cnncemed, considering the benefits received and burdens unposed, and 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 apportionrrrent of the cast of the improvements is in accordance with the law in force in this City, and the proceedings of the City heretofore Irad 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 on 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 nr not}, the sums of money itemized per parcel ofpraperty, and the owners thereof, as far as such owners are known. SECTION 4. Where mare than one person, firm or corporation owns an interest in any 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 as its, his ar° her respective interest bears to the total awnerslzip such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. 2 SECTION S. The several Burns 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 372.01 S(b) et seq., of the I.acal Government Code (the Public Improvements District Assessment Aet}, 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 the said liens shall be and constitute the fast enforceable lien and claim against the property an 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 as follows, to-wit: The assessments shall be payable on or before January 31, 2p07, and shall become delinquent if not paid by February 1, 2007. 'The entire araaount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2007 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 relating to said improvements and assessments thereof and is less Haan the proportion of the cost allowed and permitted by the law ira farce in the City, S1ICTION 8. 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 and/or 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. SUCTION 9. Full power to make and levy reassessments and to correct mistakes, errors, invalidates or irregularities ira the assessments are, in accordance with the law in farce in this City, vested in the City. SECTION 1 Q. 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 Warned, ar may be incorrectly narrred. SECTION 11. In any suit upon any assessment or reassesszzaent, it shall be sufficient to allege the substance of the provision recited in this ordinance and that such recitals arern fact true, and further allegations with reference to the proceedings relating to such assessrrrent and reassessrnent 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 372.401 et seq., of the Local Government Code (the Public Improvements District Assessment Act). SECTION 13. Should any portion, section or part of a section of Ibis 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 said remaining provisions shalt be and remain in full force and effect. SECTION 14. That this ordinance shall be cumulative of Ordinance No. 1Sb67 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. 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: ...._.. As ant City Attorney Date: ADOPTED: , September 12, 2006 • ~~j ~ I;I~p'ECTIVE: , City of Fort Worth FIVE YEAR SERVIGE PLAN Public Improvement 17istrict No. 1 -1]awntown REVENI,IES Private Assessment Revenues CFW Assessment Revenues City Payment in-lieu of Services PI© Generated Revenue Interest Prior Year's Assessrent FYD6107 FYD7lD8 1,300,000 1,352,000 200,655 200,666 127,613 130,145 125,280 125,280 6,500 6,000 FY081D9 FY09110 FY10111 1,406,080 1,462,323 1,520,815 204,668 204,668 208,781 132,750 135,400 138,108 127, 280 127 , 280 129, 825 6,500 7,000 7,500 Total Revenues EXPENSES ~peratigns Maintenance & Landscaping Security Enhancement Marketing Transportation & Parking City Administratign Total Expenses BALANCE 25,000 - 1,785,048 1,814,080 1,877,278 1,936,671 2, OD5,029 288,600 307,575 322,498 335,925 343,239 1,039,897 1,04$,729 1,080,924 1,114,017 1,136,241 32,781 32,934 33,604 34,283 46,971 242,770 257,770 269,859 280,51$ 296,348 155,000 140,032 142,272 142,682 161,814 26,000 27,040 28,121 29,246 30,416 1,785,048 1,814,D80 1,877,278 7,936,671 2,005,029 $D $D $D $a $o ~ CLG O NP 9 O ~~~ ,. ~. df, y ~~'~~ t~4~s' u ~q5~ / WJ, ~ vas .~~ ~ o~ ~~ ~ Std ~\, ~, Y4' - 17 G'~~~) ~ gG~ S v = ~O j~ G~ ~ ~-, '~- ~ ~, ~ r~:~:. ~. __ ~~ ~ c F r~ ~ ~ ~,~ U ~ ~ b ~~ r I ~ tp Pa y - y~ r ~ ,~. JN NN3i' a P Ma G s, . ~ r~~aoaN w ~ __ <~ ~, W ~ av ~ A M ~~ .u ane a®9 w a z `' °z '~ 5 ~. ~t ~ ~ .~ a-+ _N G N Q~ ~ ~ ~- O U .~ ~ ~ ~_ ~ify~ ~f F®-°~ U~/®r°~~~ T`e~a~ a~ and unc~ n7uni~a~in COUNCIL ACTION; Approved on 9112/2006 -Ordinance Noe 17146-09-2006 ~ 17147-09-2006 ®ATE: Tuesday, September 12, 2006 L®G NAME. 13PID'I BEN06-07 REI=ERENGE NO.: BH-225 SUBJECT. Benefit Hearing for Fort Worth Public Improvement District 1 (Downtown) Concerning Proposed Properly Assessments, Adoption of Ordinance Levying Assessments for Fiscal Year 2006-07, and Adoption of Appropriation Ordinance to Increase Estimated Receipts in the Special Assessment District Fund RECOMMENDATION: It is recommended that the City Council: 1. Hold a benefit hearing concerning the proposed property assessment far property located in Fart Worth Public Improvement District 1 (PID 1}far 1=fiscal Year 2Q06-07; 2. Adopt the attached ordinance which levies the proposed assessment for property located in PID 1 far Fisca! Year 2008-07; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1,785,048.00 in the Special Assessment District Fund PID 1 Project account from available funds. DISCUSSION: The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2006- 07 proposed assessments to be levied an each property in PID 1, to adapt an ordinance levying the proposed assessments and to adopt appropriation ordinances allocating estimated receipts to the District. On August 22, 2000, (M&C G-15366} the City Council approved fhe Fiscal Year 2008-07 budge# and five- year service plan (attached}, directed that certain improvements and/ar services be provided in PID 1 during the Fiscal Year 2006-07, adopted the proposed 2006 assessment roll and provided notice of this benefit hearing. The improvements and services to be provided and the costs thereof are: ln3l]POVBrr38ilt 1}Operations 2) Maintenance & Landscaping 3) Marketing 4) Security Enhancement 5) Transportation & Parking 6} City Administration (2% of budgeted private assessments} Total i~,o~name: 13PID 1BEN06-07 Total Budgeted Coss $2ss,sao.0o $1, 039, 897.00 $242,770.00 $32,781.00 $155,aoo.oo $26.000.00 $1,785,048.00 Page 1 of 2 The total budgeted costs of the improvements are $1,785,048.[10. Of this amount, $1,300,040.00 will be funded by assessments collected an privately owned parcels located in the district by applying a rate of $0.12 cents to each $100.00 of property value. The remainder of the costs, $485,048.00 will be fiunded by other revenue sources, including: $20fl,655.00 in direct payment from the City far payment in lieu of assessments (appropriated from the General Fund by Gity Council action on August 22, 2006, M&C G-15368); $127,613.00 in direct payments from the City for payment in-lieu of services (appropriated from the General Fund by City Counci! action on August 22, 2006, M&C G-15368); $125,280.40 in revenues generated by district activities; $6,500.00 in interest earned; and $25,000.00 from prior year assessments. Based on the appraised value of the property, and considering the benefits to be received from the proposed improvements and services, it is the opinion of the City staff that an amount equal to or mare than the proposed assessments, upon completion of the improvements in accordance with the contract, will enhance each parcel of property in value. This property is commonly known as the "Downtown" PID and is located in COUNCIL ^ISTRICT 9. A :nap is attached. FISCAL IN~ORMATIONICERTIFICATION: The Finance Director certifes that upon adoption of the attached appropriation ordinance, funds will be available in the Fiscal Year 2006-07 operating budget, as appropriated, of the Special Assessment District Fund. TO FundlAccountlCenters FROM FundlAccountlCenters GS87 488342 0025D1002000 $1,785.048.00 G587 539120 OD25D1 OD200D ~ .785.048.OD Subr'nitted for Cif Manager's Office by; Karen Montgomery {6222) Ori inatin De artment Head: Richard Zavala (Acting) (6'101) Jenny Townsend (6030} Additional Inforrx~ation Contact: Becky Wood (8560} Lo~na~ne: 13PID 1 BEN06-07 Page ~ °~ 2