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HomeMy WebLinkAboutOrdinance 17148-09-2006ORDINANCE NO. 17148-09-2006 AN ORDINANCE CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 6 DURING FISCAL YEAR 2flflG-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 llATE. WHEREAS, the City Council of the City of Fort Worth, Texas, has heretofore dizected that certain improvements and/or services (the "Improvements") skull be provided in the Fort Worth Public Improvement Disfirict No.6 during Fiscal Year 2006-07; and WHEREAS, the boundaries of the improvement district are approximately: North Tarxant Parkway on the earth, State highway 377 on the east, Western Centex Boulevard on the south, and North Beach Street on the west. WHEREAS, the improvements to be provided are as follows: 1. maintenance and landscaping 2. supplemental security services; 3. capital improvements, 4. public events program and holiday lighting; 5. communications newsletter; b. insurance; 7. district management for the administration and operation of the district; 8. city administration fee; and WHEREAS, the cost of such improvements is as follows: Tot 1 Budgeted Costs 1) Maintenance/landscaping $916,698 2) Security Fatrols 108,150 3} CapitalImpzovements 177,000 4} Fublic Events 15,000 5) Holiday bighting 15,000 6) Operations 98,038 7) Camrnunications 10,996 8) Contingency 10,0©a 9) City Administration {2% of budgeted assessments) 22,480 10) Annual Review {Audit) 1,600 11) Insurance 15,000 Totals $1,3 59,962 The total budgeted casts of the improvements ace $1,359,462. Of this amount, $1,124,012 will be funded by assessments collected an privately owned parcels located ira the district. The remainder of the costs, $265,950 will be funded by a direct payment from the City for paynaerrt in lieu of services of $54,652, which was appropriated from the General Fund balance by City Council action on August 22, 2006 (M&C G-15367), and prior year assessments of $214,635. WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was adapted by the City Council on August 22, 2006 (M&C G-15367), and is on Zile in the office of the City Secretary; and WHEREAS, the improvements shall be provided by Premier Communities under a contract with the City of Fart Worth; and WHEREAS, $1,389,962 of the cast 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 a direct payment from the City of Fort Worth far park maintenance; and WHEREAS, the assessments shall be based on the value of each parcel an January 1, 200&, as determined by the City Council, including the value of the strr€ctures on other improvements, with the assessment on each parcel to be determined by applying the following rates per each $100 of property value: Type of Property Rate Residential $0.175 (capped at $0.20) Commercial $0.035 (20% of residential rate) WIIEREAS, such proposed assessment roll was approved and adopted by the City Council of the City of Fart Worth, and a time 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, 2066, at 10:00 a.m. in the Council Chamber in the City Hail in the City of Fort Worth, "Texas, and at such hearing various protests and objections were made, and all desiring to be heard were given a full and fair appartrurity 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 ®Ii THE CITY OR 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 nr not, be and the same are hereby overruled. SECTION 2. The City Council, from the evidence; hnds that the assessments herein described should be made and levied against the respective parcels of property in the Dish•ict and against the owners of such property. Such assessments and charges are right and proper and are substantially in proportion to the benefits tv 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 unifonnity 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 irxrprovemerats 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 farce 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 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 Distxict 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. SECTION ~4. Where more 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 far 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, Subchapter A, Sections 372A18(b) et seq., of the Local Government Code (the Public Improvements District Assessment Act), together with reasonable attarrrey'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 ar not, and the said liens shall be and constitute the fast enforceable lien and clairr~ 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 enncerning the hens 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, 2007, and shall become delinquent if not paid by 1ebruary 1, 2047. The entire amount assessed against each parcel of property shall bear penalty a.nd interest, from and atler February 1, 2007 at the same rate as prescribed by law for any delinquent ad valorem tax until paid. SECTI®N 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. "I'he 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 cost allowed and permitted by the law in force in the City, SECTION 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 oath of the several assessments levied by the City of Fart Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the a~nouni of any assessment herein levied such amount ar amounts, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments. SECTION 9. Full power to rrrake and levy reassessments and to correct 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 eat be named, or maybe incorrectly named. SECTI®N 11. In any suit upon any assess~nent 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. SECTI®N 12. The assessments levied are made and levied under and by virtue of the teens, powers and provisions of Chapter 372, Subchapter A, Sections 372.001 et seq., of the Texas Local Goveraament Code {the Public Improvements District Assessment Act). SECTION 13. Should any portion, section ar 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 this 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. 15671 and all other ordinances and appropriations amending the sanrae 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. SE+ CTI®N 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. Ar1~ROVEn s To »o ~aNn LEG~.IJITY: City Attorney Date: September 12. 2006 Adopted Effective PUBLIC IMPROVEMENT DISTRICT # 6 PROPOSED FIVE YEAR SERVICE PLAN FY 06!07 FY 47148 FY 48149 1=Y 09110 FY 14111 REVENUES Budget Budget Budget Budget Budget Assessment Revenues 1,124,012 1,135,252 1,146,605 1,169,537 1,192,927 City Payment In-flea of Service 54,652 57,385 60,254 63,267 66,430 Prior Years' Assessments 214,638 - - - - Tntal Revenues 1,393,302 1,192,637 1,206,859 1,232,804 1,259,357 EXPENSES Operations Water Electric/Maintenance Irrigation LandscapelTree Maintenance Trash Removal Fence Maintenance Holiday Lighting Security Patrols Communications Public Events Capital Improvements Replacements Insurance Contingency Annual Review City Administration Total Expenses 98,038 99,999 102,000 104,040 106,122 180,000 183,600 1$7,272 191,018 194,839 15,396 18,208. 18,530 18,861 19,202 43,787 44,663 45,556 46,467 47,396 586,916 517,054 527,396 537,943 548,702 15, 599 15, 911 16, 229 16, 554 16, 8 $ 5 65,000 66,300 67,626 68,979 70,358 15,OOO 15,0©0 15,040 15,a0a 15,000 10$,150 113,558 119,235 125,197 131,457 10,996 11,095 11,195 11,296 11,398 15, 000 15,150 15, 302 15,456 15, 611 177,000 25,000 15,000 15,000 15,000 10, 000 10,000 10, D00 10, 000 10, 000 15, 000 15,750 16, 538 17, 366 18, 235 10, 000 10,000 10, 000 10, 000 10, 000 1,600 1,632 1,665 1,698 1,732 22,480 22,705 22,932 23,391 23,859 1,389,982 1,185,625 1,201,476 1,228,266 1,255,796 BALANCE 3,340 7,012 5,383 4,538 3,561 z ~ PRICE o ~ rj GOL© N TRfANC1,E GOLDEN TRIANG ~ U -. 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Public lmproVement ®istricts ~1p~°s ~~~ Q `~ w q< 6- Park Glen ~ BGAj~~ SILVEAFiPWC~...l G~- ~ sy°~ _.,._~'4 7- Heritage __ - ~" ` m 9- Packwood Hilis ~i NTA 5gA4GR~E - F ~~ty ®f Fc~r# fit/®i°f"~i~ 'Te~afS y°r r~ ur~il rnunt®n COUNCIL ACTION: Approved on 9112/2006 - Ordinance No. 17148-09-ZQ06 & 17149-09-2f}O6 ®ATE: Tuesday, September '! 2, 2000 L©ta NAME: 13PIDOBEN00-07 REFERENCE NU.: EH-226 SUBJECT: Benefit Hearing far Fort Worth Public Improvement District 0 (Park Glen) Concerning Proposed Property Assessments, Adoption of Ordinance Levying Assessments for Fiscal Year 2006-07, and Adoption of Appropriation Ordinance to Increase Estimated Receipts in the Special District Fund RECOMMENDATI®N: It is recommended that the City Council: 1. Hold a benefit hearing concerning the proposed property assessments for Fort Worth Public Improvement District 6 (P1D 6) for Fiscal Year 2006-07; 2. Adopt the attached ordinance which levies the proposed assessments for PID 6 far Fiscal Year 2005- 07; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1,388,962.00 in the Special Assessment District Fund PfD 6 Project account from available funds. DISCUSSI©N: The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2006- 07 proposed assessments fio be levied on each property in PiD 6, to adopt an ordinance levying the proposed assessments and fio adopt an appropriation ordinance allocating estimated receip#s to the District. On August 22, 2006, (M&C G-15367} the City Council approved the Fiscal Year 2008-07 budget and five- year service plan (attached}, directed that certain improvements andlor services be provided in PID 6 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 fallowing: [mgravement 1) Maintenance & Landscaping 2) Security Patrols 3) City Administrative Fee (2% of 4) Capital Improvements 6) Contingency 6) Public Events 7) Holiday Lighting 8} COrrlmunlGatlons budgeted assessments} Total Budaetec6 Costs $916,698.40 $108,150.00 $ZZ,a$o.on $177,000.00 $10,QOOAO $15, 000.00 $15,oao.oa $1o,99s.on Lo~narne: T3FTD6BEN06-07 Fage T o£2 9) Operating Expenses $98,038.DD 10) Annual Review $1,60D.DD 11}Insurance $15,OOO.DO 12} Total Expenditures $1,389,962.OD 13) Projected Fund Balance D9130107 3 340.DD 14) Total Revenues $'i,393,3D2.00 In accordance with the frve year service plan budget, the total budgeted costs of the improvements and services are $1,389,962.00. Of this amount, $1,124,012.00 will be funded by assessments collected on privately awned parcels located in the district by applying a rate of $0.175 cents to each $100.00 of property value far residential property and $.035 cents for commercial property. The remainder of the costs, $265,950.00 will be funded by a direct payment from the Gity for payment in lieu of services of $54,652.00, which was appropriated from the General Fund by City Council action on August 22, 2006, (M&C G-15357) and prior years assessments of $214,638.00. Upon approval of this M&C, the fund balance for PID 6 to be carried forward to FY2007-08 budget will be $3,340.00. Based an the appraised value of the property, and considering the benefits to be received from the proposed improvements, it is the opinion of 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. PiD 6 is commnnly known as the "Park Glen" PID and is located in COUNCIL DISTRICT 4. A map and budget are attached. FISCAL INF®RMA`I!'IONICERTIFICATIOIV: The Finance Director certifies that that upon adoption of the attached ordinances, funds will be available in the Fiscal Year 2006-07 operating budget, as appropriated, of the Special Assessment District Fund. TQ FundlAccountlCenters FRAM F~andFAccountlCenters GS87 488342 002506002000 $1,389,962.00 G587 539120 002506002000 x.389,962.00 5€~bmitted for City Manager°s Office by: Karen Mantgnmery (6222} ®riginating Department Head: Richard Zavala (Acting) (8101) Additional Information Contact: dennY Tnwnsend (6030) Becky Wnnd (8550) Lo~nam~e: 13PID6f3EN06-07 Page 2 of 2