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HomeMy WebLinkAboutOrdinance 20903-09-2013 ORDINANCE NO.20903-09-2013 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. I DURING FISCAL YEAR 2013-14; 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(tile"Improvements")shall be provided in the Fort Worth Public Improvement District No. I (the"District");and WHEREAS, the boundaries of the District are the area bounded by the Burlington Northern Santa Fe RR Tracks on the east Weatherford Street, along Weatherford east to Nichols, north on Nichols to Belknap, west on Belknap to Grove, north on Grove to Bluff west on Bluff to Cummings, north on Cummings to the Trinity River, South and West along the east shore of the Trinity River to Tenth Street,east on Tenth St. to Florence-, south on Florence to Texas',east on Texas to the western boundary of the Tarrant County College District parking lot, south along tile west boundary of the Tarrant County College District parking lot to the north curb of Lancaster Avenue, then east along the north curb of Lancaster Avenue on the South to the Burlington Northern Santa Fe tracks-, then north along the Burlington Northern Santa Fe tracks until they intersect with Weatherford Street;and WHEREAS,the Improvements to be provided in Fiscal Year 2013-2014 and their estimated costs are as follows: FY2013-14 Bufte Expenses Management Fee(Admin.) 323,755 Water 14,000 Utilities 14,500 Landscape/Tree Mainten. $ 64,516 Trash Rernov. (other Maint.) $ 1,105,487 Holiday Lig lit./Deco.(Repairs) $ 15,000 Security Enhancement $ 78,900 Comm un ica./News]etters $ 20,200 Marketing(&-Research) $ 340,935 Transportation&Planning $ 199,993 Capital Improvements $ 5,000 Insurance $ 4,100 Annual review(Audit) $ 7,500 City Administrative Fee $ 39,259 Budget Expenses $ 2,233,145 Estimated Operating Reserve $ 182,005 Total Expenses $ 2,415,150 The total budgeted costs of the improvements are $2,415,150.00. Of this amount, $1,632,610.00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs,$782,540.00, will be funded by other revenue Sources, including: Ordinance No. 20903-09-2013 Page 1 of 4 ° $\9l.85X ina direct payment from the City for payment iu lieu o[assessments un required hy Section 372.0i4 (b) of the Texas Local 0nveomeu| Code, which will be appropriated from the General Fund bu|uo,e by City Council action oo September |V`2Ol3-1 ° $138,498 iu direct payments from the City for payment io lieu ofservices, which will 6n appropriated from the General Fund balance hy City Council action ou September l0.2V|3; ° $|48,657iu revenues generated hy District activities;and ° $3V3.J27frmu prior years' assessments. WHEREAS, itiu proposed that property in the District subject to oemesnmeo/ be assessed at rate nf%0.1Vper each$100 of property value,as of January 1,2013 and determined by the appraisal district with jurisdiction over property iu the District;and WHEREAS, the Improvements and proposed assessment roll were previously presented inopublic beodog conducted by the City Council on August 20` 2013 (M&C NR-292) and have been on file in the nfficr of the City Secretary for public inspection; and WHEREAS, the lmpmveourut*and proposed assessment roll were ouoo again presented to /ho City Council in u public hearing conducted oil the lO'" day o[September, 20|]. uc7:00p.nu. io the Council Chamber in the City Hall iu the City of Fort Yvonb, Texas (dbv "Public Hearing"), notice of which was published and mailed to all record owners of property in the District,and at such hearing all desiring to be heard were given a full and fair opporWnity to be heard; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1. The Public Hearing i:hereby closed and any and all protests arid objections, whether herein enumerated o,not, are hereby overruled. SECTION 2. The City Council, from all evidence ho6n,o i/, including all information provided to it and considered in the Public Hearing, finds that the assessments herein described should he made and levied uAvino| the respective parcels oi property in the District and against the owners vf such property. Such assessments and charges are right and proper and are suho,x^du||y in proportion to the hencOm to the n,vpn*h,* parcels of property by means of the Improvements in the Dio,du for which such assessments are levied and cotoh|inb substantial justice and equality and uniformity 6r\wceo all parties concerned,considering the benefits received and burdens imposed.The City Council further finds that ill each case the property ueoeanrd is specially benefited in oobuooed vu|oo to the said property by means of the Improvements in the Dio/du and for which ooaeaameot is levied and ohu,An mude, and further 6odo that the apportionment of the 000/ of the Improvements in in accordance with applicable low. The City Council, from ,be v,idrucr. [vubr,finds that the values of the respective parcels o[property oil January |`%0|3.are true and correct. SECTION 3. There shall be, and are hereby, levied and assessed against the parcels o[property io the District,and against the real and true oxmum thereof(whether such owners 6n correctly named herein nrooV. the sums o[money itemized per parcel of property,and the owners thereof,as far as such owners are known,at the following rate and method of payment: $O.1O per cacti$|00n[value for property Subject tnassessment. SECTION 4. \Y6o,o more than one person or entity owns an interest in any property described herein, each such person or entity ahu|| be personally liable only for do' tier or his pro rata obuzo of the total uomeoomcnt against such yropr,4/ in proportion to its,his or her respective interest to tile 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 sulli. Ordinance No. 20903'09'2013 Page 2n[4 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, Texas Local Government Code (the Public Improvement District Assessment Act), 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 such liens shall be and constitute the first enforceable lien and claim 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 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 on or before January 31, 2014, and shall become delinquent if not paid by February 1, 2014. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2014 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 hereto and is less than the proportion of the cost allowed and permitted by applicable law. SECTION S. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts herein stated, the City Council does hereby reserve the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate and provided that any such allowance does not result in any inequity and/or unjust discrimination. SECTION 9. Full power to make and levy reassessments and to correct mistakes, errors, invalid or irregularities in the assessments are, in accordance with the law in force in this City, vested in the City. SECTION 10. 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. SECTION 11. 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 jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions,sections,or parts of sections of this Ordinance,which shall remain in full force and effect. Ordinance No. 20903-09-2013 Page 3 of 4 SECTION 11. This Ordinance shall be cumulative of 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 13. 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 AIND LEGALITY: 9,11, Senior Assr Cant City Attorney ary J.K' s y S etary m&C: BH-300 Adopted and Effective: September 10,2013 Ordinance No. 20903-09-2013 Page 4 of 4 City of Fort Worth PID#1 PROPOSED BUDGET& FIVE YEAR SERVICE PLAN FY13/14 FY14/15 FY15/16 FY 16/17 FY 17/18 REVENUES PID Assessments $ 1,632,610 $ 1,715,200 $ 1,766,656 $ 1,819,655 $ 1,874,245 COFW Assessments $ 191,858 $ 195,500 $ 200,000 $ 204,000 $ 208,000 City Pay.in-lieu of Service $ 138,498 $ 141,300 $ 144,000 $ 147,000 $ 150,000 PID Generated Revenue $ 148,657 $ 149,000 $ 150,000 $ 161,000 $ 163,000 Prior Year's assessment $ 303,527 $ 182,005 $ 134,155 $ 103,075 $ 117,075 Total Revenues $ 2,415,150 $ 2,383,005 $ 2,394,811 $ 2,434,730 $ 2,512,320 EXPENSES Management Fee(Admin.) $ 323,755 $ 330,000 $ 336,323 $ 341,092 $ 355,420 Water $ 14,000 $ 14,500 $ 15,000 $ 15,500 $ 15,500 Utilities $ 14,500 $ 15,000 $ 15,500 $ 16,000 $ 16,000 Landscape/Tree Mainten. $ 64,516 $ 65,800 $ 67,000 $ 68,450 $ 69,500 Trash Remov.(other Maint.) $ 1,105,487 $ 1,125,000 $ 1,145,000 $ 1,150,000 $ 1,157,480 Holiday Light./Deco.(Repairs) $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 20,000 Security Enhancement $ 78,900 $ 55,000 $ 56,000 $ 57,000 $ 58,000 Communica./Newsletters $ 20,200 $ 20,200 $ 20,200 $ 20,200 $ 20,200 Marketing(&Research) $ 340,935 $ 342,814 $ 348,000 $ 352,000 $ 359,500 Transportation&Planning $ 199,993 $ 209,000 $ 213,000 $ 219,000 $ 224,000 Capital Improvements $ 5,000 $ 2,500 $ 2,500 $ 2,500 $ 2,500 Insurance $ 4,100 $ 4,500 $ 7,000 $ 7,500 $ 7,500 Annual review(Audit) $ 7,500 $ 8,500 $ 9,000 $ 10,000 $ 10,000 City Administrative Fee $ 39,259 $ 41,036 $ 42,213 $ 43,413 $ 44,645 Budget Expenses $ 2,233,145 $ 2,248,850 $ 2,291,736 $ 2,317,655 $ 2,360,245 Estimated Operating Reserve $ 182,005 $ 134,155 $ 103,075 $ 117,075 $ 152,075 Total Expenses $ 2,415,150 $ 2,383,005 $ 2,394,811 $ 2,434,730 $ 2,512,320 r " } "x"16 ^A & xr • /y "� ' µ' uw4 . �"M Ill IN � y A f � 0 i WdC rl a ie 1 d IAY'% ,a✓w'"""" ',. • Y ' A Iu,.,NY y I°^f'nk., �. 0 ✓'/ (�'I� P 'lNs w'..{411 vu"mW'�NJ� N AGAGii"JJ"^^^^ Rl urn xu4kar�ISf Mb� to 0 rp�l4 � Mom City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION:. Approved on 9110/2013 - Ordinance Nos. 20903-09-2013, 20904-09-, 2013,` 20905-09-2013 DATE: Tuesday, September 10, 2013 REFERENCE NO.: BH-300 LOG NAME: 17PID'I FY14PBH SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 1, Downtown PID, Concerning the Proposed 2013-2014 Budget in the Amount of$2,415,150.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of $1,632,610.00, Authorize Transfer in the Amount of$138,498.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services, Authorize Transfer in the Amount of $191,858.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Assessment, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund in the Amount of$1,962,966.00 and Special Trust Fund in the Amount of $39,259.00 for Fiscal Year 2013-2014 and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Hold a public benefit hearing concerning the proposed special assessments on the property located in Public Improvement District 1, Downtown Public Improvement District for the 2013 tax year; 2. Approve the attached 2013-2014 Fiscal Year Budget and Five-Year Service Plan for the Downtown Public Improvement District; 3. Adopt the attached ordinance levying special assessments on the property located in the Downtown Public Improvement District for the 2013 tax year; 4. Authorize a transfer in the amount of $138,498.00 from the General Fund to the Special Assessment District Fund, Public Improvement District 1 Fiscal Year 2013-2014 Project Account for the City's payment in-lieu of services; 5. Authorize a transfer in the amount of $191,858.00 from the General Fund to the Special Assessment District Fund, Public Improvement District 1 Fiscal Year 2013-2014 Project Account for the City's payment in-lieu of assessments; 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Public Improvement District 1 Fiscal Year 2013-2014 Project Account of the Special Assessment District Fund in the amount of$1,962,966.00 from available funds; 7. Authorize a transfer in the amount of $39,259.00 for administrative fees from the Special Assessment District Fund, Public Improvement District 1 Fiscal Year 2013-2014 Project Account to the Special Trust Fund contingent upon the adoption of the proposed 2013 Assessment Roll; Logname: I.7PIDIFYI4PBH Page 't of 8. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of$39,259.00 from available funds; and 9. Authorize the execution of an Agreement with Downtown Fort Worth, Inc., to provide management and improvement services for the Downtown Public Improvement District during Fiscal Year 2013-2014 for the sum in the amount of$323,755.00. DISCUSSION: On June 23, 2009, (M&C C-23627) the City Council adopted Resolution No. 3756-06-2009 re-establishing Fort Worth Public Improvement District 1 (Downtown PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2013-2014 Fiscal Year budget and Five-Year Service Plan for the PID and the proposed assessments to be levied on each property in the PID for the 2013 tax year. Following the public hearing, it is recommended that the City Council approve the attached budget and Five-Year Service Plan of the PID, adopt the attached ordinance levying the proposed assessments and adopt the appropriation ordinances allocating estimated receipts to the Downtown PID's fund. On August 20, 2013, (M&C BH-292) the City Council conducted a public hearing to receive comments on the proposed 2013-2014 Fiscal Year budget and five-year service plan for the PID. Notice of this benefit hearing was published in the newspaper and mailed to all record owners of property in the Downtown PID in accordance with state law. The improvements and services to be provided in the PID during the 2013-2014 Fiscal Year and the costs thereof are as follows: Improvements Total Budgeted Costs Management Fee (Admin.) $ 323,755.00 Water $ 14,000.00; ;Utilities $ 14,500.00 Landscape/Tree Maintenance $ 64,516.00 Trash Removal (other ,:Maintenance) $1,105,487.00 Holiday Lighting $ 15,000.00 (Decoration s/Re pairs) Security Enhancement $ 78,900.00 Communications/Newsletters $ 20,200.00 :Marketing (and Research) $ 340,935.001 Transportation and Planning $ 199,993.00 Capital Improvements $ 5,000.00 'Insurance $ 4,100.00' Annual review (Audit) $ 7,500.00 City Administrative Fee $ 39,259.00 'Budget Expenses $2,233,145.00 j i Logname: 17PIDIFY14PBH Page 2 of 3 Estimated Operating Reserve $ 182.005.00 Total Expenses $2,415,150.00| - The total budgeted costs of the improvements are in the amount of $2,415.150.00. Of this amount, $1,632,610.00 will be funded by assessments collected on privately owned parcels located in the P|D by applying a xaha of $0.10 man[o to each $188.00 of property value. The remainder of the costs in the amount Vf3782.548.UOwill be funded by other revenue sources including the amount of $101.R58DO in dined payments from the City for payment in-lieu of ussessmentn, the amount Of $138'408.00 in direct payments from the City for payment in-lieu of services, the amount of $148.657 in revenues generated by PID activities and the amount of$303,527 from prior years' assessments and revenues. The Downtown P|O is located in COUNCIL DISTRICT S. FISCAL INFORMATION /'-- --�—��� �------�---- �� �� -- -------- --- -------'------'-------- : The Financial Management Services Director certifies that upon approval of the above recommendations, and the adoption of the Fiscal Year 2013-2014 budget by the City Counm|, funds will be available in the Fiscal Year 2014 Operating 0udgeta, as appropriated. of the Special Assessment District Fund, Special Trust Fund and General Fund. FUND CENTERS:TO Fund/Account/Centers FROM Fund/Account/Centers 7)8) FE72 481306 017587001000 $38�9.00 $39,259.00 8) FE72 511010 017587001000 $39,2WK0 $138,498.00 4)6) GS87 488010 002501002000 �38�8.00 $191,858.00 5)6)GS87 488010 002501002000 �91�58.00 �23,755.00 6)GS87 488342 002501002000 &���O�00 6) GS87 539120 002501002000 ��62,966.00 -- - - - --- - - CERTIFICATIONS:Submitted for City Manager's Office by: Fernando Costa (8122) Originating Department Head: Cynthia Garcia (8187) OssanaHarmosiUo (6203) Additional Information Contact: RobedSburnn /8003\ Logliame: 17PlDlFT14PB8 Page of]