HomeMy WebLinkAboutOrdinance 20909-09-2013 ORDINANCE NO.20909-09-2013
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 7 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. 7(the"District"); and
WHEREAS, the boundaries of the District are Wall-Price Keller Road and Alta Road on the north;
Shiver Road to North Beach Street passing through the Park Green Belt on the south; Park Vista Boulevard at
Shiver Road to Wall-Price Keller Road on the east; and North Riverside Drive on the west; and
WHEREAS, the Improvements to be provided in Fiscal Year 2013-2014 and their estimated costs are
as follows:
EXPENSES
Management Fee $ 168,507
Water $ 242,000
Utilities $ 26,000
Landscape/Tree Maintenance $ 732,349
Fence Maintenance $ 65,000
Common Area Maintenance $ 42,463
Holiday Lighting $ 25,000
Security Enhancements $ 65,000
Public Events $ 61,800
Capital Improvements $ 75,000
Insurance $ 8,763
Annual Review $ 2,000
City Administration Fee $ 27,618
Budget Expenses $ 1,541,500
Estimated Operating Reserve $ 400,000
Total Expenses $ 1,941,500
The total budgeted costs of the improvements are $1,941,500.00. Of this amount, $1,380,911.00 will be
funded by assessments collected on privately owned parcels located in the district. The remainder of the costs,
$560,589.00 will be funded by other revenue sources:
Ordinance No, 20909-09-2013
Pagel o1`4
• $l73.36IOObuu direct payment from the City for payment bu lieu uf services, which was appropriated
from the General Fund balance hy City Council action nu September lO, 20]3;
• $7.000.00 from the District's Builder Assessment of$200 per lot;
• $380`227.00 from prior years' assessments; and
WHEREAS, it is proposed that property in the District be assessed at a rate of$0.21 per each$)00of
property value for residential property and$0.11 rate per each$100 of property value for commercial property,
as of January l, 2013 and determined by the appraisal district with jurisdiction over property in the nix(dot;
and
WHEREAS, the Improvements and proposed unacnmooent roll were previously presented in u public
hearing conducted by the City Council on August 20,2013 (M&C BH-294) and have been on file in the office
of the City Secretary for public inspection; and
WHEREAS, the Improvements and proposed uouvoomoot roll were once again board by the City
Council bz u public hearing conducted on the 101h day of September, 2013' at 7:00 p,nn. in the Council
Chamber in the City Da|| in the City of Fort Worth, Texas (the "Public 8eodog")' notice of vv}-�io6 was
published mailed to all record on/ucru of property in the District, and at such hearing all desiring to be heard
were given u full and fair opportunity toheheard;
NOW,THEREFORE,BEUTORDAINED BYTQE CITY COUNCIL 0F THE CITY OF FORT
WORTH,TEXAS:
SECTION 1.
The Public Hearing is bnn:6y closed and any and all protests and objections, vvbeL6er 6no:io
enumerated or not,are hereby overruled,
SECTION 2.
The City Council, from all evidence before it, including all in{000a1ion provided to i( and considered
in the Public Boubng` finds that the uoocssnocnko ben:io described should he ouudo and levied against the
respective pume)u of property in the District and against the owners of such property. Such uaaeoonoeoia and
obucgou are right and proper and are substantially ioproportion \o the boocfitm to the respective parcels of
property by means of the Improvements in the District for which such aooeuu/000ta are levied and osb6)iob
substantial justice and equality and uniformity between all parties concerned, considering the benefits received
and burdens imposed. The City Council further finds that in each case the property uoacmued is upnoiuUy
benefited in enhanced value to the said property 6ynucanao[the Improvements io the District and for which
usuenanueu( is levied and ubac8e noudr, and further finds that the apportionment of the unoC of the
looprovomooLo is iu accordance with applicable law. The City Council, from the evidence, further finds that
the values mf the respective parcels of property ooJanuary l, 20l3`are true and correct.
SECTION 3.
There shall be, and are hereby, levied and assessed against the parcels ofproperty in the District and
against the ccul and true owners thereof(whether such owners be correctly named 6eo:io or not), the mu000 of
ox/ooy itemized per pxron| of property, and the op/onrn thereof, as far as such owuocu are known, at the
following rate and method ofpayment: $021 per each $|0Omf value for residential property and 50.11 per
Ordinance No. 209OV'09'2Ol3
Page 2of4
each$|O0of value for commercial property.
SECTION 4.
Where more than one person m entity owns an interest in any property described herein, each such
person or entity mhu|| be personally 6uh|c only for its, her or his pro rata share of the total usacuacoent against
such property in proportion to its,his or her respective interest to the total ownership such property,and du,biu
or her respective io1ornxt in such property may be rc\cmoed from the umaomameut lien upon payment of
proportionate sum.
SECTION 5.
The acrcm| sums above mentioned and usxnomod ugpiom( the said parcels of property, and ow'unm
thereof, and penalty and interest thereon oL the rate prescribed by Chapter 972' Texas Local GovnoonnutCode
(the Public Improvements District Aoonu000cnU Au), together with ccaa000b|e attorney's [eou and cost of
oo||ectiou, if incurred, are hereby doo|uco6 to be and are made a lien upon the ompcodvc parcels of property
against vvbic6 the same are uxxoaaed, and u perwoou) liability and charge against the real and true owners o[
such property, whether such owners be correctly named herein or not,and such liens shall be and constitute the
fisL enforceable lien and claim against the property oo which such assessments are levied, and abu|l be a first
and paramount lieu thereon, superior to all other liens and claims, except utoic, county, ooboo| 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 00000cobog the liens hereby
assessed against the respective parcels of property and the owners thereof.
The sums ao assessed against the respective parcels ofproperty 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 \,2014 at the same rate as prescribed by law for any delinquent ad valorem tax uud}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 aba|i cxumieu all of its lawful powers to aid in the
enforcement and collection o[said aaa000nuuota.
SECTION 7.
The total amount aounoweJ against the respective parcels of property, and the on'uccu thereof, is in
u000nduoce with the p,000ndioAu of the City hereto and is lovu than the proportion of the ooa\ allowed and
permitted hy applicable law.
SECTION 8.
AJLbuuAb the aforementioned charges have been fixed, levied and assessed in the respective amounts
buneio otmLod. the City Council does hereby reserve the right to cnJuon the aforementioned usoeammeob by
allowing credits to certain property owners where dcunuod appropriate and provided that such any such
allowance does not result iu any inequity and/or unjust diecboination.
Ordinance No. 2V90A-V9-20l3
Page}nC4
SECTION 9.
Full power to make and levy reassessments and mCorrect odntakeu, errors, invalid ocirregularities in
the assessments are, in accordance with the iuvv in force in this City,vested in the City.
SECTION 10.
In any suit upon any uxsoxsnnurt or reassessment, it shall be sufficient to ui|e&u 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 re\ohuA to such assessment and reassessment ubaU not be uooeauocy.
SECTION 11.
Should any portion, section or pail of u section ofi}iJo 0o]iuuooe be declared invalid, inoperative or
void for any ccuauu by u court of competent jurisdiction, such decision, opinion or judgment o6a|) in no way
impair the remairdng portions, sections, or parts of sections of this Ordinance, which shall remain in full force
and effect.
SECTION 12.
This 0oJioouoe shall be cumulative of all other ^ndiuuuoem and appropriations amending the oauou
except in (b000 iuotuuoox where the provisions of this Dn6iounoe are in direct conflict with such o<6*c
ordinances and appropriations, in which iuo(aocc 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 ftom and after the date of its passage.
AND DTK8 SO ORDAINED.
APPROVED AS TO FORM AND LEGALITY:
ior Ass, Mary J. Kaysv
&4&C: FH-302
Adopted and Effective: September 10, 2013
Ordinance No.20V0Y'OY-208
Page 4 of
City of Fort Worth
Proposed Five Year Service Plan
Public Improvement Distrct No.7-Heritage
FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17118
REVENUES Budget Budget Budget Budget Budget
PID Assessments 1,380,911 1,405,417 1,414,854 1,414,864 1,414,874
City Payment In-Lieu of Services 173,362 173,362 173,362 173,362 173,362
Prior Years'Assessments 380,227 400,000 419,509 432,277 442,246
Builder Initiation Fee 7,000 5,000 3,000 0 0
Total Revenues $1,941,500 $1,983,779 $2,010,725 $2,020,503 $2,030,482
EXPENSES
Management Fee 168,507 170,665 172,889 175,180 175,534
Water 242,000 244,000 246,000 248,000 250,000
Utilities 26,000 27,685 28,500 29,500 27,934
Landscape/Tree Maintenance 732,349 738,349 737,299 742,000 749,000
Fence Maintenance 65,000 65,000 65,000 60,000 55,000
Common Area Maintenance 42,463 45,000 49,000 45,000 46,000
Holiday Lighting 25,000 30,000 31,000 32,000 33,000
Security Enhancements 65,000 65,000 65,000 65,000 65,000
Public Events 61,800 65,000 65,000 67,817 68,000
Capital Improvements 75,000 75,000 80,000 75,000 70,000
Insurance 8,763 8,463 8,463 8,463 8,463
Annual Review 2,000 2,000 2,000 2,000 2,000
City Administration Fee 27,618 28,108 28,297 28,297 28,297
Budget Expenses $1,541,500 $1,564,270 $1,578,448 $1,578,257 $1,578,228
Estimated Operating Reserve $400,000 $419,509 $432,277 $442,246 $452,254
Total Expenses $1,941,500 $1,983,779 $2,010,725 $2,020,503 $2,030,482
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved,on 911012013 - Ordinance Nos, 20909 49,2013` 2Q91;1�119�f;,
24113, 20911-419-24113
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DATE: Tuesday, September 10, 2013 REFERENCE NO.: BH-302
LOG NAME: 17PID7FY14PBH
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 7, Heritage PID, Concerning the
Proposed 2013-2014 Budget in the Amount of$1,941,500.00 and Five-Year Service Plan and Proposed
Assessment Roll, Authorize Transfer in the Amount of$173,362.00 from the General Fund to the Special
Assessment District Fund for the City's Payment in Lieu of Services, Adopt Ordinance Levying Special
Assessments for the 2013 Tax Year in the Amount of$1,380,911.00, Adopt Appropriation Ordinances to
Increase Estimated Receipts in the Special Assessment District Fund in the Amount of$1,554,273.00 and
Special Trust Fund in the Amount of$27,618.00 for Fiscal Year 2013-2014 and Authorize Execution of an
Agreement with FirstService Residential to Manage the District(COUNCIL DISTRICTS 4 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public benefit hearing concerning the proposed special assessments on the property located
in Public Improvement District 7, Heritage PID for the 2013 tax year;
2. Approve the attached 2013-2014 Fiscal Year budget and Five-Year Service Plan for the Heritage PID;
3. Adopt the attached ordinance levying special assessment on the property in the Heritage PID subject to
assessment in the 2013 tax year;
4. Authorize a transfer in the amount of $173,362.00 from the General Fund to the Special Assessment
District Fund, Public Improvement District 7 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 7 Fiscal Year 2013-2014 Project Account of the Special Assessment
District Fund in the amount of$1,554,273.00 from available funds;
6. Authorize a transfer in the amount of $27,618.00 for administrative fees from the Special Assessment
District Fund, Public Improvement District 7 Fiscal Year 2013-2014 Project Account to the Special Trust
Fund contingent upon the adoption of the attached ordinance levying assessments;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund in the amount of$27,618.00 from available funds; and
8. Authorize the execution of an Agreement with FirstService Residential to provide management and
improvement services for the Heritage PID during Fiscal Year 2013-2014 for the sum in the amount of
$168,507.00.
Logname: 17PID7FY14PBH Pagel of 3
DISCUSSION:
On September 26, 2000, (M&C G-13021) the City Council adopted Resolution No. 2675 establishing Fort
Worth Public Improvement District No. 7 (Heritage 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 Heritage PID's fund.
On August 20, 2013, (M&C BH-294) 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 Heritage 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 $ 168,507.00
Water _. $ .. 242,000.W;
000.00
'Utilities $ 26,000.001
Landscape/Tree
;Maintenance $ 732,349.001
;Fence Maintenance $ 65,000.00
__ - __ .........
JCommon Area $ 42,696.00
(Maintenance
Holiday Lighting $ 25,000.00'
,Security Enhancement $ 65,000.00
(Public Events $ 61,800.00
Capital Improvements $ 75,000.00
Insurance $ 8,763.00
_ _
Annu.al Review Audit $ 2,000.00'
City Administrative $ 27,385.W
Fee
Budget Expenses $1,541,500.00
Estimated Operating $ 400,000.00
,Reserve
Total Expenses $1,941,500.00
The total budgeted costs of the improvements are in the amount of $1,941,500.00. Of this amount,
$1,380,911.00 will be funded by assessments collected on privately owned parcels located in the district
by applying a rate of $0.21 cents per each $100.00 of property value for residential property and $0.11
cents per each $100.00 of property value for commercial property.
Logname: 17PID7FY14PBH Page 2 of 3
The remainder of the costs in the amount of $560,589.00 will be funded by other revenue sources: the
amount of $173,362.00 from the City for payment in lieu of services, the amount of $7,000.00 from the
District's Builder Assessment of $200.00 per lot and the amount of $380,227.00 from prior year's
assessments.
The Heritage PID is located in COUNCIL DISTRICTS 4 and 7.
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 Fund/Account/Centers
6)7) FE72 481306 017587001000 $27,618.00 6)GS87 539120 002507002000 $27,618.00
7) FE72 511010 017587001000 $273.618.00 8)GS87 539120 002507002000 $168,507.00
4)5)GS87 488010 002507002000 $173.362.00 4)GG01 539120 0808021 $173,362.00
5)GS87 488342 002507002000 $1,380,911.00
5)GS87 539120 002507002000 $1,554,273.00
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: 17P.ID7FY14PBH Page 3 of 3