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HomeMy WebLinkAboutOrdinance 20906-09-2013 ORDINANCE NO.20906-09-2013 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 6 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 (the "Improvements") shall be provided in the Fort Worth Public Improvement District No. 6(the"District"); and WHEREAS, the boundaries of the improvement district are approximately: North Tarrant :Parkway on the north, State Highway 377 on the east, Western Center Boulevard on the south, and North Beach Street on the west-,and WHEREAS,the Improvements to be provided in Fiscal Year 2013-2014 and their estimated costs are as follows: FY14 BUDGET Management Fee $ 107,753 Water $ 241,886 Utilities $ 17,489 Landscape/Tree Maintenance $ 603,199 Fence Maintenance $ 132,900 Holiday Lighting $ 15,532 Security Enhancements $ 137,281 Communications/Newsletters $ 9,271 Public Events $ 25,000 Capital Improvements $ 49,536 Insurance $ 15,750 Annual Review $ 2,081 City Administration Fee $ 22,931 Budget Expenses S 1,380,609 Estimated Operating Reserve 340,000 Total Expenses $1,720,609 The total budgeted costs of the improvements are $1,720,609.00. Of this amount, $1,146,566.00 will be Ordinance No. 20906-09-2013 Page 1 of 4 funded by assessments collected on privately owned parcels located iothe district, The remainder of the costs, $174,043.00 will bo funded hyudirect payment from the City for payment in lieu ofservices, and$400,000.00 from prior yeory' assessments; and WHEREAS, bixproposed that property in the District he assessed mt the following rates per each $lO0of property value, uoo[January l' 2013 and determined hv the appraisal district with jurisdiction over property in the District: Type of Propea Rate Residential $0.175 Commercial $0.035 (20Y6of residential rate) WHEREAS, the Improvements and proposed assessment roll were previously presented in upublin hearing conducted by the City Council on August 20,2013 (BH-293)and have been on file 'in the office of the City Secretary for public inspection; and WHEREAS, the Improvements and proposed assessment roll were once again heard by the City Council in u public hearing conducted on the 10th day of September, 2013` at 7:00 pm. in the Council Chamber iu the City Hu)) in the City o/Fort Worth, Texas (the "Public ReadoA"), notice of which was published and mailed to all record owners of property bu the District, and u1 such hearing all desiring tobo heard were given m full and fair opportunity\obeheard; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1. The Public 8uuoiug is hereby closed and any and all protests and ohimuhoom` whether herein enumerated ocnot, are hereby overruled. SECTION 2, The City Council, from all evidence before it, 'including all information provided k/ ii and considered in the Public Buur6ug, finds that the amsuyonoou|y herein described should be made and levied against the respective parcels ofproperty io 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 in the respective parcels of property by nuouou of the Improvements in the I)isb6oi 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 furthe, 6odu that in each case the property assessed is specially benefited in enhanced value tothe said property by means of the Improvements in the District and for which uuucusmen¢ is levied and oburgo made, and tbrdbwr finds that the apportionment of the cost of the Improvements ixio uouorduoom with applicable law. The City CVuouil, from the evidence, further Undothat the values of the respective parcels of property ooJanuary |,2013,are true and oonrect. SECTION 3. There shall be, and are hereby, levied and assessed against the parcels ofproperty in the District and against the r:n| and true owners thereof(whether such owners be correctly named herein nrnod, the sums of Ordinance No. 20906-09-2015 Page 2of4 money itemized per parcel of property, and the owners thereof, as far as such owners are known, at the following rates and method of payment: $0.175 per each $100 of value for residential property in the District and$0.035 per each $100 of value for commercial property in the District. SECTION 4. Where more than one person or entity owns an interest in any property described herein, each such person or entity 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 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, Texas Local Government Code (the Public Improvements 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 8. .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 such any such Ordinance No. 20906-09-2013 Page 3 of 4 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. SECTION 12. 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 AND LEGALITY: Senior Ass4tant Cit—y-A-tt—orney Mary J. Kayser, e*Se&;taUy M&C: BH-301 Adopted and Effective: .September 10, 2013 Ordinance No. 20906-09-2013 Page 4 of 4 City mFort Worth Proposed Five Year Service Plan Public Improvement oist^ct No.o'Park Glen FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 nEvswusy Budget u d Budget p|oAssessments 1'146'566 $ 1'146'556 1'146.566 1'140'560 1'148'566 City Payment In-Lieu nfServices 174'043 $ 17*'0*3 $ 174'043 $ 174,043 174.043 Prior Years'Assessments 400'000 $ 340'000 $ 340'000 g 340'000 340'000 Total Revenues $ z.rzu'auy $ z'aao.any 1'660,609 $ /'aao'ooy $ z'sao'ouy sn*emSEs Management Fee 107.753 zzl'uua $ 111'883 S 116'178 $ 116.178 Water $ 241'880 241'886 $ 241.886 241'886 $ 241'886 Utilities $ 17'489 17'489 g 17'489 17.489 $ 17'489 bndoape/Tree/waintenance $ 603.199 $ 595'531 $ 601'025 $ 594'789 $ 594'402 Fence Maintenance $ 132'900 125'984 $ zau'yon zza'pnn $ 122'e00 Holiday Lighting $ 15'532 zs'Bz $ zs'naz 15'53I $ 15'532 Security Enhancements $ 137.281 137'281 $ 137.281 137'281 $ 137'281 Commvnicauon^/mcwdeuco $ 9'271 g 9'261 $ 9'270 $ 9'I75 $ 9'275 Public Events $ zs'oon $ 25'000 $ 22'581 a*'szr $ 24'904 Capital Improvements $ uy'ssa $ $ ' $ - $ Insurance $ 15'750 $ 15'750 $ 15.750 15'750 $ 15.750 Annual Review $ 2.081 $ 2'081 $ I'081 2'081 $ 2.081 City Administration Fee $ 22,931 $ 22'931 $ 22'931 za'ya` 22'931 Budget Expenses $ 1'380'609 $ 1'320.609 f 1.320.609 $ 1.320.609 $ 1.320.*09 Estimated Operating Reserve Total Expenses s1720609 s166 COMM +� ^ ���% �1J ,,;e �,*Y�i�) /G(�/9y1� ,;l}�IiWvr�rN � 11 )b '� ,. � J ,yr• N N� y�� � IWI°rl�� r df�l/rl/ /r� � r / `''J J� � •r, ,. � 1+ i [ , / M�„l�� r / r//��1/� /,,; "vaWa 4r, 1/% �wd�w �� �° vr' a.,< •.;,Y � „'�� � lrly JY"l� �J�, IIW � i< /w�" r n I �� BV ryrerrry uY' r ;' %//� �J�!/� yr„ .,'� ^ ,/ir%; J I, arVr„Y r � vu� n ✓ I ,. 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It does not represent an on- the-ground survey and represents only the approximate relative location or property boundaries. The City of Fort Worth assurnes no responsibility For the accuracy of said data. N City of Fort Worth, Texas Mayor and Council Communication rtWWVmlo pllUW NPiMOMwWOWkkW,'WIfUI"JIWmpNMILti'Id10TiNiWWY1lNAMllMI1M1Ili9willlita'MWMV6NtlIMdIG!hkW!NP05.ICFliWRIRAVIfGdWNa v;59:19ffiINM. FqN(I'fW%NR1ifIWNIUiFlIIdRaR4M1U;5%nIIC4fftJrglNGtN NF anttrt.nh 'ix1.R&ml wW,inPNnetlanVNM.'^eWfaCM9'.&k'd6u YafwiPwtim Hm,met/NNIw'Mn 1YnmN„A Owwd IONMA(4W5M4WMka�Mlm oNOim oo.mm nmoomW!mxvd.M wwum'a!!.momNOGM00NOwu COUNCIL ACTIOM Approved on 91,10/2013; -ordinance Nos: 20906.09-20930­,20 0” ,0 209 3, 209116-0'9=201 tlwIX.WNiMWWWIIVIUUIiIiWIWIIl011N00NNYlYIYIYIYOXWIMV4Ytllni'imiNMOglNpnpivel'drv4YligbBMbINIU'NNntlNWo1W!W0.NWW,W;WWWAMp'dAMWMHkAWt,VYIMMINMtMNOYUnNWF.qfY.wvrovmYnuuvmadttrtrtolitNipilY.iNnMOW!W1 4'WN&OvINMHIIINII!?4FM8"WVUxnvMi'afluWtYrmnwuomvomim.vvplHdittuXli,Apn11iW!4iL4iYCrtMNWUnVMNiluliMNlu'mM1riYIWUdW!WIIWIfWNWI.SIG'NYINViMi11M1tlAgttp!9ttMIVIiNWCtMNWW'INOlilililip601iIMI0lilil011tlNNWNMW'WW'WJ'M4WWYWWYpWbbWOWWWOIWW!IOIOIOIIIWiWIU�WN'b DATE: Tuesday, September 10, 2013 REFERENCE NO.: BH-301 LOG NAME: 17PID6FY14PBH SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 6, Park Glen PID, Concerning the Proposed 2013-2014 Budget in the Amount of$1,720,609.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of $1,146,566.00, Authorize Transfer in the Amount of$174,043.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment District Fund in the Amount of$1,146,566.00 and Special Trust Fund in the Amount of$22,931.00 for Fiscal Year 2013-2014 and Authorize Execution of an Agreement with FirstService Residential to Manage the District (COUNCIL DISTRICT 4) 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 6, Park Glen PID, for the 2013 tax year; 2. Approve the attached Fiscal Year 2013-2014 budget and Five-Year Service Plan for the Park Glen Public Improvement District; 3. Adopt the attached ordinance levying special assessments on the property located in the Park Glen Public Improvement District subject to assessment for the 2013 tax year; 4. Authorize a transfer in the amount of $174,043.00 from the General Fund to the Special Assessment District Fund, Public Improvement District 6 Fiscal Year 2013-2014 Project Account for the City's payment in-lieu of services; 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Public Improvement District 6 Fiscal Year 2013-2014 Project Account of the Special Assessment District Fund in the amount of$1,320,609.00 From available funds; 6. Authorize a transfer in the amount of $22,931.00 for administrative fees from the Special Assessment District Fund, Public Improvement District 6 Fiscal Year 2013-2014 Project Account to the Special Trust Fund contingent upon the adoption of the proposed ordinance levying assessments; 7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of$22,931.00 from available funds; and 8. Authorize the execution of an Agreement with FirstService Residential to provide management and improvement services for the Park Glen Public Improvement District during Fiscal Year 2013-2014 for the Logname: 17PID6FY14PBH Page I of 3 sum in the amount of$107,753.00. DISCUSSION: On September 22, 1998, the City Council adopted Resolution No. 2453 establishing Public Improvement District No. 6 (Park Glen 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 attached appropriation ordinances allocating estimated receipts to the Park Glen PID's fund. On August 20, 2013, (M&C 131-1-293) the City Council conducted a public hearing to receive comments on the proposed 2013-2014 Fiscal Year budget and Five-Year Service Plan and budget for the PID. Notice of this benefit hearing was published in the newspaper and mailed to all record owners of property in the Park Glen 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 t Total Budgeted Costs ;Management Fee $ 107,753.00 _ ... . ... _ . ._ . Water 1 $ 241,886.00 jUtilities $ 17,489.00 ,Landscape/Tree Maintenance/Trash Removal $ 603,199.00 _— ;Fence Maintenance $ 132,900.00 !,Holiday Lighting g I $ 15,532.00 ,Security Enhancement ( $ 137,281.00 (Communications/Newsletters $ 9,271.00 Public Events $ 25,000.00 .......... CCapital Improvements $ 49,536.00 Insurance $ 15,750.00 Annual Review (Audit) $ 2,081.00 City Administration Fee ` $ 22,931.00 (Budget Expenses $1,380,609.00 lEstimated Operating Reserve $ 340,000.00 Total Expenses $1,720,609.00 The total budgeted costs of the improvements and services are in the amount of $1,720,609.00. Of this amount, $1,146,566.00 will be funded by assessments collected on privately owned parcels located in the Logname: I7PID6FY14PBH Page 2 of 3 district by applying a rate of $0.175 cents to each $100.00 of property value for residential property and $0.035 cents to each $100.00 of property value for commercial property. The remainder of the costs in the amount of$574,043.00 will be funded by other revenue sources: the amount of$174,043.00 from the City for payment in lieu of services and the amount of $400,000.00 from prior year's assessments and revenues. The Park Glen PID is located in COUNCIL DISTRICT 4. ...................—------- .......... FISCAL INFORMATION /CERTIFICATION: 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 Council, funds will be available in the Fiscal Year 2014 Operating Budgets, as appropriated, of the Special Assessment District Fund, Special Trust Fund and General Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fu nd/Accou nt/C enters 6)7) FE72 481306 017587001000 $22,931.00 6)GS87 539120 002506002000 $22,931.00 7) FE72 511010 017587001000 $22,931.00 8)GS87 539120 002506002000 $107,753.00 4)5)GS87 488010 002506002000 $174,043.00 4)GG01 539120 0808021 $174,04100 5)GS87 488342 002506002000 $1,146,566.00 5)GS87 539120 002506002000 $1,320,609.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Cynthia Garcia (8187) Ossana Hermosillo (6203) Additional Information Contact: Robert Sturns (8003) .............. ..................... ........... Logname: 17PID6FY 14PBH Page 3 of 3