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HomeMy WebLinkAboutIR 7644 T INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7644 GNppTERF� September 29, 1992 To the Mayor and Members of the City Council 0 v V * DOCUMENTS >fXps Subject: AND INFORMATION CONCERNING ,m PROPOSED FORT WORTH IMPROVEMENT DISTRICT NO. 5 (WOODHAVEN) The following information is provided to assist the City Council in their consideration of a petition to establish a fifth public improvement district. What follows is the background action by City Council and an analysis of certain sections of the petition. Issues identified by City staff have been highlighted. BACKGROUND: At the July 21, 1992 City Council meeting, the City Council adopted M&C G-9731, which officially accepted petitions requesting establishment of Public Improvement District No. 5 and directed the City Manager and the City Attorney to review the petitions to determine whether the petitions included the necessary signatures and met the other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (The Public Improvement District Assessment Act). On September 17, 1992, it was determined that there were sufficient valid petitions to meet state law requirements for City Council to consider establishing the proposed public improvement district. Petitions in support of the district continue to arrive at City Hall and are on file in the Office of the City Secretary. i STAFF ANALYSIS AND SUBMISSION OF DOCUMENTS AND INFORMATION: 1. General Nature of the Proposed Improvements and/or Supplemental Services State law permits an improvement district to provide improvements and/or services which are supplemental to those provided by the City. District 5 proposes only one supplemental service. The general nature of the proposed special supplemental service is as follows: A. A security program consisting of off-duty police officers (or security forces) to patrol the Woodhaven area, plus payment for a vehicle and the necessary equipment to be used by the police officers (or security forces). The proposed special supplemental services would be a supplement to the standard existing level of city improvements and/or services and would constitute an added increment to the services normally provided to the taxpayers generally. If the District is created, the City will continue to furnish or pay for the standard services in the District at the same level as they would be provided for the taxpayers generally. ISSUE: Public Improvement Districts (PIDs) are created under state law through a process much like that for assessing property owners for the construction of a new street. PIDs in Fort Worth are increasingly used for services, rather than improvements. This proposed district would be created to pay for off-duty police officers which has historically been done by agreement between the Neighborhood Association and the off-duty officer. Creation of the District would provide a way for the Neighborhood Association to have all property owners assessed for their share of costs and the City would have the responsibility to collect the assessments. Creation of a PID for such a purpose would establish a precedent which may lead to other such districts for the more affluent areas of the city. ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS r t INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7644 GHppTER� September 29, 1992 > To the Mayor and Members of the City Council Page 2 of 4 TEXAS subject: DOCUMENTS AND INFORMATION CONCERNING 187 PROPOSED FORT WORTH IMPROVEMENT DISTRICT NO. 5 (WOODHAVEN) It is City management's position that there is to be no vehicle or equipment from the City and the Neighborhood Association will be responsible for any maintenance. Attached is a letter with regard to future staffing levels. 2. Estimated Cost of the Proposed Supplemental Services The estimated cost of the supplemental services for the proposed District during the first year of operation, as specified within "Section 4" of the petition, will total approximately$158,000. This total includes payments for off-duty police officers or security forces, vehicle cost, insurance, city administration costs, reimbursements to Woodhaven Neighborhood Association for expenses associated with establishing the District, miscellaneous expenses and a reserve for uncollected assessments. A detailed budget for the first year will be submitted for City Council approval. ISSUE: The 1992 TAD rolls show a total assessment of$149,527 for land within the boundaries of the proposed district. This includes $289.08 which would be levied on the City of Fort Worth for the Fire Station on Woodhaven Boulevard. With the reduction in City staff and an increase in the number of public improvement districts, the City's administrative costs need to be included in any PID budget. This is in accordance with the City Council approved PID Policy. It is difficult to totally recover the City's cost when the District's total budget is less than $150,000. In such cases, the City Council should acknowledge that by establishing such districts, the City Council is electing to participate in the project's costs. The PID policy states that the City can elect to participate in the administrative cost if the project provides general city benefits which exceed the local benefit and could not be done without public participation. 3. Boundaries The boundaries of the proposed District are shown on Exhibit "A" attached hereto. 4. Method of Assessment The assessments will be based on the property value shown on the TAD rolls. It is proposed not to exceed 11¢ per$100 valuation. Section 6 of the petition outlines the proposed method of assessment, as follows: A. The Service Plan will be approved and adopted by the City Council for a period of not less than five years. The Service Plan will be reviewed and updated annually by the City Council to determine the annual budget for special supplemental services within the District. B. The cost of the special supplemental services will be assessed against real property within the District according to the value of the property, including improvements, as determined annually by the City Council. The resolution authorizing establishment of the District shall contain a provision which states that during the initial three-year term of the District, annual assessments against real property in the District, including improvements, shall not exceed an ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7644 September 29 1992- FpRTEq To the Mayor and Members of the City Council a of * TBXPS * Subject: DOCUMENTS AND INFORMATION CONCERNING ,on PROPOSED FORT WORTH IMPROVEMENT DISTRICT NO. 5 (WOODHAVEN) amount equal to 11¢ per$100 of the value of such property and improvements as determined by the City Council. C. The amount of assessment for each property owner may be adjusted following the annual review of the Service Plan. 5. The Proposed Apportionment of Cost Between the District and the City as a Whole: It is as follows: A. The cost of the improvements and/or special supplemental services will be paid from special assessments levied against property within the District in accordance with the assessment methodology described above. B. The City Council will be authorized to establish by ordinance reasonable classifications and formulas for the apportionment of cost between the City and the property to be assessed and to establish the methods for assessing special benefits for various classes of improvements and/or special supplemental services. 6. Probable Maximum Benefits to be Conferred on Each Tract It is anticipated that the probable maximum benefits to be conferred on each tract in the district will be greater than the assessment against such tract and the owners thereof. 7. Proposed Management Structure The petition states that any or all of the services to be provided by the District would be provided through the City of Fort Worth employees and staff, by contracts with the private sector or by contracts creating a public-private partnership. ISSUE: Should the District be established, the City would contract with the Woodhaven Neighborhood Association, a non-profit organization, and the Woodhaven Neighborhood Association would hire the personnel. The security personnel could be off-duty police officers or security firms. The choice of security personnel is at the sole discretion of the Neighborhood Association. 8. Duration of the District This district would exist for three (3) years. 9. Advisory Body An advisory body under the state law would not be established, but the Woodhaven Neighborhood Association, Inc. Steering Committee would have the responsibility for developing and recommending the annual service plan and budget to the City Council. ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS T INFORMAL: REPORT TO CITY COUNCIL MEMBERS No. 7644 TERFO September 29, 1992 To the Mayor and Members of the City Council Page 4 of 4 rEXp$ Subject: DOCUMENTS AND INFORMATION CONCERNING 1on PROPOSED FORT WORTH IMPROVEMENT DISTRICT NO. 5 (WOODHAVEN) The proposed improvement district will be on the agenda of the September 29, 1992 Pre-Council Meeting. City staff and representatives of the Neighborhood Association will be available to answer any questions. If City Council wishes to proceed, a public hearing would need to be held and notice given to all property owners Robert Terrell City Manager Attachments - Petition, Map, Calculations and Letter ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS STATE OF TEXAS § *' COUNTY OF TARR.ANT § TO: The Mayor and City Council of the City of Fort Worth, Texas, 1000 Throckmorton, Fort Worth, Texas 76102 . PETITION REQUESTING ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT The undersigned petitioners hereby request that the City Council of the City of Fort Worth, Texas (the "City Council") , initiate and establish a public improvement district under the Public Improvement District Assessment Act, V.T.C.A. , Local Government Code § 372. 001 et sea. (the "Act") , so that the powers granted under the Act may be exercised by the City of Fort Worth, Texas (the "City") . In support of this petition, the petitioners show the following: 1. NAME OF THE DISTRICT The proposed public improvement district will be known as the Fort Worth Improvement District No. 5 (the "District") . 2. AUTHORITY OF THE CITY ev The City will be authorized to utilize the District to undertake special supplemental services that confer a special benefit on a definable part of the City. The City -Council will be authorized to levy and collect special assessments on property in the District, based on benefits conferred by the special supple- mental services, to pay all or part of the costs of such special supplemental services. 3. GENERAL NATURE OF THE PROPOSED IMPROVEMENTS AND/OR SPECIAL SUPPLEMENTAL SERVICES The general nature of the special supplemental services shall be security services which include payment for off-duty City police officers (or security forces if the use of police officers is not feasible) to patrol the Woodhaven area plus payment for a vehicle and incidental equipment to be used by the police officers (or security forces) . The proposed special supplemental services would be a supplement to the standard existing level of City services and would constitute an added increment to the services normally provided to the taxpayers generally. If the District is created, the City will continue to furnish or pay for standard services in PETITION REQUESTING ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT wood2.doc PAGE 1 1pmhto the District at the same level as they would be provided to the taxpayers generally. A: ESTIMATED , COSTS OF THE PROPOSED IMPROVEMENTS AND/OR SPECIAL SUPPLEMENTAL BERVIC88 The estimated costs of the improvements and/or special supplemental services for the proposed District during the first year of operation will total approximately $158,000. This total includes payments to off-duty police officers or security forces, vehicle costs, insurance, city administration costs, reimbursement to Woodhaven Neighborhood Association for expenses of establishing the District, miscellaneous expenses and a reserve for uncollected assessments. Once the total land value to be included in the District is determined, a detailed budget will be submitted to the City Council for approval. The cost of providing additional special supplemental services in subsequent years will be deter- mined in the five-year service plan (the "Service Plan") to be adopted and amended from time to time by the City Council. S. BOUNDARIES OF THE PROPOSED DISTRICT The boundaries of the proposed District are shown on Exhibit "A" attached hereto. S PROPOSED METHOD OF ASSESSMENT The proposed method of assessment is: (a) The Service Plan will be approved and adopted by the City Council for a period of not less than five years. The Service Plan will be reviewed and updated annually by the City Council to determine the annual budget for special supplemental services within the District. (b) The cost of special supplemental services will be assessed against real property within the District according to the value of the property, including improvements, as determined annually by the City Council. The City Council resolution authorizing establishment of the District shall contain a provision which states that during the initial three-year term of the District, annual assessments against property in the District, including improvements, shall not exceed an amount equal to $.11 per $100 of the value of such property and improvements as determined by the City Council. (c) The City Council will be authorized to establish by ordinance reasonable classifications and formulas for the apportionment of costs between the City and the property to be assessed and to establish the methods for assessing PETITION REQUESTING ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT wood2.doc PAGE 2 special benefits for various classes of special supple- mental services. (d) The amount of assessment for each property owner may be adjusted following the annual review of the Service Plan. 7. PROPOSED MANAGEMENT STRUCTURE The proposed management structure for administration of the District is: (a) The City Council will exercise the powers granted by the Act. (b) The City Council will specifically be responsible for the following: (1) Undertaking special supplemental services, levying and collecting special assessments to pay all or part of the costs, and preparing and sending out tax statements for such special assessments. (2) Requiring preliminary cost estimates for proposed special supplemental services; (3) Holding public hearings on the advisability of proposed special supplemental services; ® (4) Making findings by resolution as to the advis- ability of special supplemental services, the estimated costs, the method of assessment, and the apportionment of costs between the District and the City as a whole; (5) Adopting a resolution authorizing acquisition of existing special supplemental services or implemen- tation of new special supplemental services; (6) Approving a Service Plan for a period of not less than five years; (7) Reviewing and updating the Service Plan annually to determine the annual budget for special supple- mental services and determining the amount of the assessment for each property owner annually follow- ing approval of the Service Plan; (8) Apportioning the cost of special supplemental services assessed against property in the District; PETITION REQUESTING ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT wood2.doc PAGE 3 (9) Establishing by ordinance, if the City Council desires, reasonable classifications and formulas for the apportionment of costs between the City and the . property to be assessed and the methods of assessing the special benefits for various classes of' special supplemental services; (10) Providing the payment of assessments on City-owned property; (11) Determining the assessments against each parcel of land and causing a proposed assessment roll to be prepared and filed; (12) Holding public hearings on proposed assessments and passing on objections to such assessments; (13) Adopting ordinances levying special assessments, specifying the method and time for payment of assessments, determining the rate of interest on unpaid assessments, and fixing liens against property for unpaid assessments; (14) Holding public hearings on supplemental assessments to correct omissions or mistakes in original assessments; (15) Making a reassessment or new assessment if an assessment is set aside by a court of competent jurisdiction, is found excessive by the City Council, or is determined to be invalid by the City Council on the written advice of legal counsel; (16) Creating a separate improvement district fund in the City treasury to be used solely to pay costs incurred in providing special supplemental services, City administrative costs, and reimburse- ment of the Woodhaven Neighborhood Association for expenses of establishing the District; and (17) Approving contracts between the District and the private or public sector for administration and operation of the District and for the providing of special supplemental services to the District. (c) Any or all of the services to be provided by the District would be provided through City of Fort Worth employees and staff, by contracts with the private sector or by contracts creating a public-private partnership. The method to be used in providing such services would be PETITION REQUESTING ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT wood2.doc PAGE 4 determined by the City Council after notice and public hearing. 8. DURATION OF THE DISTRICT The City Council resolution authorizing establishment of the District shall provide that the District will. exist for three years immediately following adoption of such resolution unless property owners in the District petition the City Council for continuation of the District or unless the District is sooner terminated as provided by law. The petition for continuation shall be sufficient to continue the District for the term and in accordance with the provisions set forth in the petition if the petition satisfies the requirements set forth in Section 11 below. 9i CONCURRENCE WITH ESTABLISHMENT OF THE DISTRICT The persons signing this petition request and concur with the establishment of the District. 10. ESTABLISHMENT OF AN ADVISORY BODY In order to provide for efficient management of the District, the Fort Worth City Council, by acceptance of this petition and the establishment of the District, agrees to not establish an advisory body and agrees to assign to the steering committee of the ® Woodhaven Neighborhood Association, Inc. , a Texas non-profit corporation, the responsibility for developing and recommending a service plan, improvement plan and other responsibilities of an advisory body as provided in the Act. 11. SUFFICIENCY OF THE PETITION This petition is sufficient because it is signed by: (a) more than 50 percent of the owners of record of property liable for assessment under this proposal; or (b) the record owners of property composing more than 50 percent of the area liable for assessment under this proposal; and (c) the record owners of taxable property representing more than 50 percent of the appraised value of the taxable real property, including the value of structures and other improvements within the proposed District, as determined by the current roll of the Tarrant Appraisal District. The names, telephone numbers, and the addresses of the requisite number of owners of record of property liable for PETITION REQUESTING ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT wood2.doc PAGE 5 assessment under this proposal and the legal descriptions, areas, and appraised values of each owner's property, including the value of structures and other improvements thereon as determined by the current roll of the Tarrant Appraisal District, are shown on the attached Exhibit B. The percentage of the total area which belongs to owners of property liable for assessment who have signed this petition, and the percentage of the appraised value of the total area which belongs to such owners is more particularly shown on Exhibit C attached hereto. 12. SOURCE OF PAYMENT FOR IMPROVEMENTS ANDIOR SPECIAL SUPPLEMENTAL SERVICES The cost of the improvements and/or special supplemental services will be paid from special assessments levied against property within the District in accordance with the assessment methodology described above. 13_ REQUESTED ACTION OF THE CITY COUNCIL The petitioners hereby request that the City Council do the following: (a) Determine that this petition meets the requirements of the Act; (b) Cause this petition to be filed with the City Secretary; (c) Make findings by resolution as to the advisability of the nature of the proposed special supplemental services, the estimated cost, the boundaries of the proposed District, the method of assessment, and the apportionment of costs between the proposed District and city as a whole; (d) Give proper notice and hold a public hearing on the advisability of establishing the District and providing the proposed special supplemental services; (e) At any time within six months after final adjournment of the hearing, adopt a resolution authorizing establishment of the District in accordance with its .f indings as to the advisability of the special supplemental services; (f) Cause the resolution authorizing the District to be duly published; (g) Prepare an assessment roll stating the assessment against each parcel of land within the District as determined by the method of assessment approved by the City Council and cause such assessment roll to be filed with the City Secretary; PETITION REQUESTING ESTABLISHMENT OF PUBLIC IMPROVEMENT DISTRICT wood2.doc PAGE 6 ' I , (h) Give proper notice and hold a public hearing to consider the proposed assessments; (i) Levy by ordinance the assessments as special assessments on the property within the District, specify the method of payment, and prepare and send to property owners tax bills for such special assessments; and (j) Take any and all other steps necessary to establish the District and impose the special assessments on the property within the District. 14. NO RESTRICTION ON AUTHORITY OF THE CITY The creation of the District pursuant to the Act is an alternative to other methods by which the City may finance public improvements by assessing property owners. Nothing contained in this petition is intended to restrict the City's use of such other methods or to restrict the City's issuance of general obligation or revenue bonds. Respectfully submitted this day of 1992 BREIGHTON-COPPER CREEK, LTD. By: Breighton Group I, Ltd. By: The Breighton firoup, Inc. By: MeVefrR. Utley,'As A n For Breighton Group;Inc. Property Description or Address -.J U L---- ----- ��\ 1 ZU Y cawtw)wv.v \ _ n Ar in W ' =Q Al I Q R MpME3 •t-> V W Y CI.USTE • '� I\ T x�ibpE• � ice+ ��_ / � F rw 7 Y"� � r - O _� S - fW�`Y • i > < a, •, S GCE FL lit O N K.is� GV c I z � t - `i \ _µ I'-;_ O L M�GM�t *`s � -X• � V � O W O W Ot Ef vJ � t t t 6 �3• !• • YI !�' /�`G• \I O $` •. 1•J�`) •° j ,Oyi Q H aI '•\ ��a �.• ^...� t,�-mac'=� •t �;. : a j .•` •.''1 w-.. - L F"r Mr��.-'O :� ' r+, •c��� "YaM ji z ci °" lo �` ) � i; 3 I z• + \\ o i. yt F t ►- �� u� StYb_ — J z 1 S`�• I' I ! • � •rt0''" OOM M I � F 5 w FORT WORTH IMPROVEMENT DISTRICT NO. 5 WOODHAVEN 9/18/92 PERCENTAGE OWNERSHIP 1. (a) Total area of property liable for 28,232,478 Sq. Ft. assessment under this proposal (b) Area of such property belonging to record owners who signed this 18,692,115 Sq. Ft. petition (c) Percentage of the area of property 66.21% liable for assessment whose record owners have signed this petition 2. (a) Total appraised value* of property $135,933,937 liable for assessment under this proposal, including the value of structures and other improvements (b) Appraised value of such property $71,162,659 belonging to record owners who signed this petition (c) Percentage of the appraised value of 52.35% property liable for assessment whose record owners have signed this petition *Appraised value means the value according to the current roll of the Tarrant Appraisal District. CITY OF FORT WORTH9 T■ GAMS d OFFICE OF THE CITY MANAGER 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102 September 22, 1992 (817)871-6111 Mr. Joe Epps Steering Committee Woodhaven Neighborhood Assn., Inc. 6540 Boca Raton Boulevard, Suite 206 Fort Worth, Texas 76112 Dear Mr. Epps: The letter will provide information on the current police patrol service level plan and includes an agreement on future staffing levels in the event a Public Improvement District is approved for the Woodhaven neighborhood. For the purpose of this plan and agreement we have defined the Woodhaven neighborhood as being the territory bordered on the north by the Trinity River; on the east by Loop 820; on the south by Bridge Street and the west by Woodhaven Blvd. Within these boundaries are police reporting areas (PRA) I320 and I310 (see attachment #1). The current police patrol service plan for the Woodhaven neighborhood is as follows: First Watch (7:00 a.m. - 3:00 p.m.) Patrol beat D115 is designated to cover the entire Woodhaven neighborhood. This beat also includes patrol coverage to the Newell and Newell area adjacent to the north boundary of the Woodhaven neighborhood (see attachment #2). The police department has determined that .9 officer is required to staff this beat for the Woodhaven neighborhood. Second Watch (3:00 p.m. - 11:00 p.m.) Two patrol beats are designated to provide coverage to portions of the Woodhaven neighborhood. Patrol beat D216 is assigned to PRA I320. Patrol beat D217 provides coverage to PRA I310 but is also responsible for providing coverage to the remainder of the beat which extends east of Loop 820 (see attachment #3). The police department has determined that 1.5 officers are required to staff these two beats. 0 Printed on Recycled Paper rY , Mr. Joe Epps September 22, 1992 Page 2 Third Watch (11:00 p.m. - 7:00 a.m.) Patrol beat D315 is designated to provide coverage to the entire Woodhaven neighborhood. This beat also provides coverage to the Newell and Newell area adjacent to the north boundary of the Woodhaven neighborhood (see attachment #4). The police department has determined that .9 officer is required to staff this beat. A total of 5.61 officers are required to staff the above beats on a twenty-four hours-a- day, seven-days-a-week basis. This number of officers has been computed at a rate of 1.7 officers to staff one beat for one shift for seven days. The police department also deploys a Neighborhood Patrol Officer (NPO) to the Woodhaven neighborhood. Currently, this NPO works exclusively in the Woodhaven neighborhood but the NPO territory will be expanded in the near future to include the White Lake Hills neighborhood which is immediately west of Woodhaven. The City of Fort Worth agrees the basic police patrol service to the Woodhaven neighborhood will not be reduced due to the implementation of a Public Improvement District for the Woodhaven neighborhood. Police patrol staffing levels may change however, due to future workload studies upon which police patrol staffing levels are based. These workload studies may result in beat boundaries being changed, increased patrol staffing or reduced patrol staffing. Thank you for providing me the opportunity to comment on the police patrol service plan for the Woodhaven neighborhood. If I can be of additional service, please let me know. Very truly yours, Bob Terrell City Manager BT:vr �l tt�hR � � DOS Mlt� N o Wu&ATON 1310 i4 rT9��fiHE.vr �z �e11 ex DIM& ch lie 0 N 1320 1 wcA kAJON ,� I310 Remainder at h of D 2nd �a h D217 Inn ` �r to WCA I310 • q i f4iU�"N i 610's NEW&. lea well - _ •� ��Mau. W Bch o N Ino 1 fOCA TON I310 •