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HomeMy WebLinkAboutOrdinance 17150-09-2006ORDINANCE NO. 17150-09-20(16 AN ORDINANCE CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUI3LIC IMPROVEMENT DISTRICT NO. 7 DURING FISCAL YEAR 2UOG-{17; 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 EI<FEC`TIVE DATE. WHEREAS, the City Council of the City of Fort Warty, Texas, has heretofore directed that certain improvements and/or services (the "Improvements") shall be provided in the Fort Worth Public Improvement District No.7 during 1?fiscal Year 2006-07; and WHEREAS, the boundaries of the improvement district are Wall-Price Keller Road and Alta Road on the north; Shiver Road to North Beach Street passing through the Fark Green Belt on the south; Fark Vista Boulevard at Shiver Road to Wall-Price Keller Raad an the east; and North Riverside Drive an the west. WHEREAS, the improvements to be provided are as follows: 1. landscaping, construction and maintenance including irrigation of plantings and fencing in the district; 2. district management for the administration and operation of the district; 3. city administration; and WI=IEREAS, the cost of such improvements is as follows: Total Budgeted Cost 1) Grounds maintenance $737,337 2) Operations 65,880 3) City Administration (2% of budgeted assessments) 14,570 $817,787 Tlae total budgeted costs of the improvements are $817,787. Of this amount, $728,573 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $89,214 will be funded by other revenue sources, including: ® $51,954 in a direct payment froarr~ the City far payment in lieu of services, which was appropriated from the General Fund balance by City Council action on August 22, 2006 (M&C G-15368); ® $33,200 from districts Builder Assessment of $200 per lot; and ® $4,060 paid by the Hillwood Subsidy 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 off ce of the City Secretary; and WHEREAS, the improvements shall be provided by Premier Communities under a contract with the City of port Worth; and WHEREAS, $817,787 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 a direct payment from the City ofFort Worth far park maintenance; and WHEREAS, the assessments shall be based on the value of each parcel on January 1, 2006, 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 no more than $0.21. rate per each $100 of residential property value and $0.11 rate per each $100 of commercial property value; and WI3EREAS, such proposed assessment roll was approved and adopted by the City Council of the City of Fort 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, 2006, at 10:00 a.m. in the Council Chamber in floe City Hall in the City of l?ort 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, 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 ORIDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTIFI, 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, whethea° herein enumerated or not, be and the same aze hereby oven-uled. 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 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 hnds 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 far which assessment is levied and charge anode, in a soon 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 ofproperty on January 1, 2006, are true and caned. SEC'T'ION 3. There shall be, and are hereby, levied and assessed against the parcels of property in the District and against the real and taue 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 ~. Where more than one person, bran or corporation owns an interest in any property described herein, each said pea°son, 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 ar lrer respective interest to the total ownership such property, and its, his or her respective interest in such property maybe released from the assessment Bear upon payment of a proportionate sum. SECTION 5. The several sums above mentioned and assessed against the said parcels of property, and owaiers thereof, and penalty and interest thereon at the rate prescribed by Chapter 372, Subchapter A, Sections 372.018(b) et seq., of the Local Goverrrxnent Code (the Public Improveanents District Assessment Act), together with reasonable attonrey's fees and cost of collection, if incurs°ed, 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, 2 whether such owners be correctly named herein or not, and the said liens shall be and constitute the first enforceable lien and claim against the property on which such assessments axe levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except state, county, Schaal 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 legal notice to the public concerning the liens hereby assessed against the respective parcels of property and the owners thereo#: 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 February 1, 2007. The entire amount 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. SEC'T'ION 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 than the proportion of the cast allowed and permitted by the law in farce 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 da 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 Fart Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the aYnount of any assessment herein levied such amou~rt 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 make and levy reassessments and to correct :mistakes, errors, invalidates or irregularities in th.e assessments axe, in accordance with the law in force in this City, vested in the City. SECTION lfl. 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 maybe incorrectly named. SEC'T'ION l.l. 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. SI<;CTI©N 12. The assessments levied axe n€zade and levied under and by virtue of the terms, powers and provisions of Chapter 372, Subchapter A, Sections 372.001 et seq., of the 'T'exas I,acal Government Code (the Public Improvements District Assessment Act). SIf.CTIQN 13. 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 jurisd€ction, 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. SECTI®N 14. That this ordinance shall be cumulative of Ordinance Na. 15673 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. SECTI®N 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 APPR©VED AS TD FARM AND LEGALITY: ~,~ ___ Assistant City Attorney Date: September 12.2046 ., ,,. , .....---_----- Adopted laffective Gity of Fort Worth FIVE YEAR SERVICE PLAN Public lmpravement District #7 -Heritage REVENUE Assessment Revenues City Payment in-lieu of Services Builder Assessment $200 per lot Hillwogd Subsidy Total Revenues EXPENSES FY06l07 FY07108 FYOSI09 728,573 852,410 976,910 51,954 # 54,552 57,279 33,200 24,000 20,000 4,060 1,547 29,704 817,787 932,509 1,083,893 FY09110 FY10111 1,101,410 1,225, 910 60,143 53,150 16,000 12,000 1,177,553 1,301,060 Operations Utilities Landscape Maintenance Common Area Maintenance Insurance City Administration Total Expenses BALANCE 65,880 77,873 81,207 190,276 217,731 251,101 456,337 530,357 533,497 85,200 83,000 91,050 5,524 6,500 7,500 14,570 17,048 19,538 817,787 932,509 1,083,893 89,045 92,922 256,138 261,282 651,930 669,356 94,610 97,925 7,500 7,500 22,028 24,518 1,12'1,251 1,153,504 56,302 147,556 z O C:OLp N 7 JOSFI - ~~ ~M - FREE m m vi s ~aevaset E~it18 ~,ri it SYas6se$ .rFIS_F ~ ~ ~ ~ o ~~ L ~, ~ ~ kR f iti~E Y ri ACE ~/, "fie BURj9L r, I 3 I o ,~ z o ~ ~ 1 -0, .~`~ " ~~ m y a i~!. 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Benefit Hearing for 1=ort Worth Public Improvement District 7 (Heritage) Concerning Proposed Properly Assessments, Adoption of Ordinance Levying Assessments for Fiscal Year 2Q06-07 and Adoption of Appropriation Ordinance Allocating Estimated Receipts to the District RECOMMENDATION: It is recommended that the City Council: 1. Hold a benefit hearing concerning the proposed property assessments for Fart Worth Public Improvement District 7 (PiD 7) for l=fiscal Year 2006-07; 2. Adopt the attached ordinance which levies the proposed assessments far P1D 7 far Fiscal Year 2D06- D7; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $817,787.D0 in the Special Assessment District Fund PID 7 Project account from available funds. ®ISCUSSIDN: The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 20D6- D7 proposed assessments to be levied on each property in PiD 7, to adapt an ordinance levying the proposed assessments and to adapt an appropriation ordinance allocating estimated receipts to the District. On August 22, 2006, (M&C G-15368) the City Council approved the 1=fiscal Year 2DD6-D7 budget and five- year service plan (attached), directed that certain improvements and/or services be provided in PID 7 during the Fiscal Year 2006-D7, adopted the proposed 2006 assessment roll and provided notice of this benefit hearing. The improvements and services to be provided and the casts thereof are: Imaraveenents Total Budgeted Gusts 1) Grounds Maintenance Program $737,337.00 2) Operations $65,880.00 3) City Administration {2% of budgeted assessments) $14,570.00 Total $817,787.00 The fatal budgeted costs of the improvements are $817,787.D0. Df this amount, $728,573A0 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0.21 cents to each $10D.00 of property value far residential property and $0.11 cents for commercial property. Lagnarne: I3PID7$EN06-07 Paget °~2 The remainder of the costs, $89,214.00 will be funded by other revenue sources, including: $51,954.OD in a direct payment from the City for payment in lieu of services appropriated from the Genera[ Fund by City Council action nn August 22, 200fi, M&C G-153f8); $33,2DD.OD from the district's Builder Assessment of $20D.OD per lot; and $4,060.DD paid by the Hiliwood subsidy. Based on the appraised value of the property and considering the benefi#s to be received from the proposed improvements, 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 wifh the contract, will enhance each parcel of property in value. PID 7 is commonly known as the "Heritage" PID and is located in COUNCIL DISTRICT 2. A map and budget are attached. F1SCAl. IN FORNlATIONICERTII=[CATION: The Finance Director certifies that upon adoption of the attached ordinances, funds required for this expenditure will be available in the Fiscal Year 2006-07 operating budget, as appropriated, of the Special Assessment District Fund. TO FundlAccountlCenters FROIIlI FundlAccountlCenters GS87 488342 002507002000 $897.787.00 G587 539120 002507002000 $817.787.00 Logname: 13PID7BBN06-07 Page 2 0~ 2