HomeMy WebLinkAboutOrdinance 20912-09-2013 ORDINANCE NO.20912-09-2013
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 8 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 OFANY 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 Fort Worth Public Improvement
District No. 8 (the"District"); and
WHEREAS, the District consists of the area that includes all commercial land use areas along the
Camp Bowie Boulevard corridor from University Drive on the east,(excluding Museum Place Holdings) to
Alta Mere Drivc(on the west); all commercial land use areas along the Spur 580 corridor between Camp
Bowie Boulevard (on the east) and Loop 820(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 78,000
Water 10,000
Utilities 800
Landscape Management Fee 38,000
Median/ROW Mowing 47,261
Beautification 101,500
Capital Improvements 38,000
Economic Development 15,000
Communications/Newsletters $ 10,000
Marketing 78,000
Public Events 71,000
Insurance 4,000
Annual Review (Audit) 14,000
City Administrative Fee 8,070
Budget Expenses $ 513,631
Estimated Operating Reserve $ 10,640
Total Expenses $ 524,271
The total budgeted costs of the improvements are$524,271.00. Of this amount, $403,510.00 will be funded by
assessments collected on privately owned parcels located in the district. The remainder of the costs,
$120,761.00 will be funded by a direct payment from the City for payment in lieu of services, and $81,000.00
from prior years' assessments; and
Ordinance 20912-09-2013
Pagel of
WHEREAS, it is proposed that commercial property subject to assessment in the District be assessed
at a rate of$0.10 per each $100 of property value, as of January 1, 2013 and determined by the appraisal
district with jurisdiction over property in the District; and
WHEREAS, the Improvements and proposed assessment roll were previously presented in a public
hearing conducted by the City Council on August 20, 2013 (M&C BH-295)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 presented to the City
Council in a public hearing conducted on the 10th day of September, 2013, at 7:00 p.m. in the Council
Chamber in the City Hall in the City of Fort Worth, Texas (the "Public Hearing"), notice of which was
published and mailed to all record owners of property in the District, and at such hearing all desi=ring to be
heard were given a full and fair opportunity to be heard;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH,TEXAS:
SECTION 1.
The Public Hearing is hereby closed and any and all protests and objections, whether herein
enumerated or not, are hereby overruled.
SECTION 2.
The City Council, from all evidence before it, including all information provided to it and considered
in the Public Hearing, finds 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 finds that in each case the property assessed is specially
benefited in enhanced value to the said property by means of the Improvements in the District and for which
assessment is levied and charge made, and further finds that the apportionment of the cost of the
Improvements is in accordance with applicable law. The City Council, from the evidence, further finds that
the values of the respective parcels of property on January 1,2013, are true and correct.
SECTION 3.
There shall be, and are hereby, levied and assessed against the parcels of property in the District and
against the real and true 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, at the
following rate and method of payment: S0.10 per each $100 of value for commercial property subject to
assessment in the District.
Ordinance 20912-09-2013
Page 2 of
SECTION 4.
Where more than one person m entity owns an interest io 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 o:xpeohvc interest in such property may be o:}euoed from the uoaeuooneo\ lien upon payment of
proportionate sum.
SECTION 5.
The several sums above mentioned and aoanooed against the said parcels of property, and owners
thereof, and penalty and interest thereon at the rate prescribed 6y Chapter 372,Texas Local Government Code
(the Public Improvements District /4aaeomoucn1 Ao8` together with remunnu6|o uttocuny`a fees and cost of
collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property
uuaioui which the same are assessed, and mycruonu} 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 \icu and claim against the property on which such assessments are levied, and shall be first
and paramount lien thereon, superior to all other liens and oiuiroo` except uiute` county, school district and city
ud valorem taxes. /\ copy of this ordinance may bofiled with the County Clerk of Tarrant County, Texas, and
when so filed xbuU 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,
2U|4.The entire amount assessed against each parcel of property shall bear penalty and ioicrns{. from and after
February l, 2014 at the same rate ox prescribed by law for any delinquent xJ 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 nboU exercise all of its |uwfu| powers to aid in the
enforcement and collection of said assessments.
SECTION 7.
The total amount umoeoaod against the respective parcels of property, and the owners thereof, in in
accordance with the proceedings of the City hereto and is less than the proportion of the cost allowed and
pnondttedby applicable law.
SECTION W-
AJthoogbtbouforcnneo\ioundoburgco have been fixed, levied and u*meeeed in the respective amounts
herein stated, the City Council does boo:by reserve the right to reduce the uibrcoocodoucd uuacvonentu by
uUovviog orodha to certain property ovvoem vvboo: deemed uppnop6uio and provided that such any such
allowance does not result in any inequity and/or unjust diuododnation.
Ordinance 20912-09-2013
Page 3 o[4
SECTION 9.
Full power io make and levy reassessments and to correct odmtakes, cnmo, invalid ocirregularities in
the assessments are, in accordance with the|o`x in force in this City, vested in the City.
SECTION 10.
In any suit upon any uouemoroeut or rcuaueascucot, it obuU be auOluicot to oUr&c the suha(ouoe 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 benecessary.
SECTION yI.
Should any portion, aocdoo or part ofu occboo of this Ordinance be doo\urnd invalid, inoperative or
void for any reason by a court of competent juriodio600, such decision, opinion or judgment m6al| 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 obuU be cumulative of all other ordinances and appropriations amending the uunoe
except in ibouu ioat000eo n'6ero the provisions of this Ordinance are in direct conflict with such other
ondiououoa and appropriations, in which instance said 000flio6ug provisions of said prior ordinances and
appropriations are hereby expressly repealed,
SECTION 13.
This Ordinance shall take effect and hniu full force and effect from and after the date ofitapassage.
AND DTD8SO ORDAINED'
APPROVED AS TO FORM AND LEGALITY:
"e'"y"cretary
M8tC: BB-303
Adopted and Effective: September 10, 2013
Ordinance 20912-09-2013
Page 4o[4
City of Fort Worth
PROPOSED FIVE YEAR SERVICE PLAN
Public Improvement District No.8'Camp Bowie
PY13N4 FY14115 rY15/16 FY16/17 FY17918
REVENUES ---------- -------- ----------- -------- ----------
P|DA000aumento $ 403.510 $412.000 $ 420'000 $430.000 $ 440.000
City Payment in-lieu ofServices $ 89.701 $ 38.701 $ 38.701 $ 30.751 $ 88.761
Prior Year's Assessment
Total Revenues $ 524.271 $462.401 $ 473.761 $483.861 $ 497.6$1
EXPENSES
Management Fee $ 78.000 $ 80.000 $ 04.000 $ 06.000 $ 08.000
Water $ 10.000 $ 10.800 $ 10.000 $ 10`000 $ 10'000
Uh|ihoo $ 800 $ 900 $ 1.080 $ 1.100 $ 1.200
Landscape Management Fee $ 38.000 $ 38.000 $ 88.000 $ 38.000 $ 38.000
MoUiun/ROVYMowing $ 47.261 $ 47.201 $ 47.261 $ 47.261 $ 47.261
Beautification $ 101.500 $ 70.000 $ 75.000 $ 80.000 $ 85'000
Capital Improvements $ 88.000 $ $ - $ ' $ -
Economic Development $ 15.000 $ 15.000 $ 15.000 $ 15.000 $ 15.000
Communications/Newsletters * 10.000 $ 10.000 $ 10.000 $ 10.000 $ 10.000
Marketing $ 70.000 $ 80.000 $ 80'000 $ 80,000 $ 80'000
Public Events $ 71.000 $ 71.000 $ 71.000 $ 71.000 $ 71.000
Insurance $ 4.000 $ 4.000 $ 4.000 $ 4.000 * 4.000
Annual Review(AudiV $ 14.000 $ 15.000 $ 15.000 $ 15.000 $ 15.000
City Administrative Fee $ 8.070 $ 8.240 $ 8.400 $ 8.000 $ 0.800
Budget Expenses $ 513.631 $449.401 $ 458.601 $465.981 $ 473,281
Estimated Operating Reserve
Total Expenses
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTIQN* ,Approved on 31,10/2013 - Ordinance,,No 20912 20,943-09-
2013, 20314.09-201
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DATE: Tuesday, September 10, 2013 REFERENCE NO,: BH-303
LOG NAME: 17PID8FY14PBH
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 8, Camp Bowie Corridor PID, Concerning
the Proposed 2013-2014 Budget in the Amount of$524,271.00 and Five-Year Service Plan and Proposed
Assessment Roll, Authorize Transfer in the Amount of$39,761.00 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$403,510.00, Adopt Appropriation Ordinances to
Increase Estimated Receipts in the Special Assessment District Fund in the Amount of$443,271.00 and
Special Trust Fund in the Amount of$8,070,00 for Fiscal Year 2013-2014 and Authorize Execution of an
Agreement with Camp Bowie District, Inc., to Manage the District (COUNCIL DISTRICTS 3 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 8, Camp Bowie Corridor Public Improvement District for the 2013 tax year;
2. Approve the attached Fiscal Year 2013-2014 budget and Five-Year Service Plan for the Camp Bowie
Corridor Public Improvement District;
3. Adopt the attached ordinance levying special assessments on the property in the Camp Bowie Corridor
Public Improvement District subject to assessment for the 2013 tax year;
4. Authorize a transfer in the amount of $39,761.00 from the General Fund to the Special Assessment
District Fund, Public Improvement District 8 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 8 Fiscal Year 2013-2014 Project Account of the Special Assessment District
Fund in the amount of$443,271.00 from available funds;
6. Authorize a transfer in the amount of $8,070.00 for administrative fees from the Special Assessment
District Fund, Public Improvement District 8 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$8,070.00 from available funds; and
8. Authorize the execution of an Agreement with Camp Bowie District, Inc., to provide management and
improvement services for the Camp Bowie Corridor Public Improvement District during Fiscal Year 2013-
Logname: 17PID8FY14PBH Pagel of 3
2014 for the sum in the amount of$78,000.00.
DISCUSSION:
On December 16, 2008, (M&C G-16380) the City Council adopted Resolution No. 3697-12-2008
reestablishing Public Improvement District 8 (Camp Bowie Corridor 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 Camp Bowie Corridor PID's fund.
On August 20, 2013, (M&C BH-295) 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 Camp Bowie
Corridor PID in accordance with state law.
The improvements and services to be provided in the PID and the costs thereof are as follows:
Improvements Total Budgeted
{ Costs
'Management Fee $ 78,000.00
'Water $ 10,000.00;
'Utilities $ 800... _..;
Landscape Management $ 38,000.00;
Vedian/Right-of-Way Mowing $ 47,261.00
Beautification $101"'5, 0
;Capital $ 38,000.001
Improvements
Economic Communications/Newsletters 1
... $ 10,000.001
Marketing i $ 78,000.00
Public Events ( $ 71,000.00
Insurance
$ 4,0000.0
'Annual Review (Audit) $ 14,000.00
City Administrative Fee _ $ 8,070.001
�rBudget Expenses $51 3,631.00
Estimated Operating Reserve $ 10,640.00
'Total Expenses $524,271.00,
The total budgeted costs of the improvements and services are in the amount of $524,271.00. Of this
amount, $403,510.00 will be funded by assessments collected on privately owned parcels located in the
Logname: 17PID8FY14PBH Page 2 of 3
district by applying a rate of$0.10 cents to each $100.00 of property value for commercial property.
The remainder of the costs in the amount of$120,761.00 will be funded by the amount of$39,761.00 from
the City for payment in lieu of services and the amount of$81,000.00 from prior year's assessments.
The Camp Bowie Corridor PID is located in COUNCIL DISTRICTS 3 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 budget, as appropriated, of the Special Assessment District Fund, General
Fund and the Special Trust Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
6)7) FE72 481306 017587001000 $8,070.00 6)GS87 539120 002508002000 $8,070.00
7) FE72 511010 017587001000 $8,070M 4)GG01 539120 0808021 $39,761.00
4)GS87 488010 002508002000 $39,761.00 8)GS87 539120 002508002000 $78,000.00
5)GS87 539120 002508002000 $443,271.00
5)GS87 488342 0025008002000 $403,510.00
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: 17PID8FY14PBH Page 3 of 3