HomeMy WebLinkAboutOrdinance 20915-09-2013 ORDINANCE NO.20915-09-2013
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 11 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. 11 (the"District"); and
WHEREAS, the District consists of the area bounded by Northeast 28th Street on the north side, the
Burlington Northern Santa Fe Railroad tracks on the east side, Northeast 23rd Street and Flores Street on the
south side, and Houston Street, West Exchange Avenue, Clinton Avenue, Finney Avenue, Northwest 25th
Street,and Ellis Avenue on the west side; and
WHEREAS, the Improvements to be provided in Fiscal Year 2013-2014 and their estimated costs are
as follows:
FY 14 BUDGET
EXPENSES
Management Fee 13,494
Insurance $ 425
Trash Removal (all other Maintenance) 10,200
Website&Other Marketing 38,500
Public Events $ 10,000
City Administration $ 2,000
Budget Expenses $ 74,619
Estimated Operating Reserve $ 15,052
Total Expenses $89,671
The total budgeted costs of the improvements are $89,671.00. Of this amount, $67,471.00 will be funded by
assessments collected on privately owned parcels located in the district. The remainder of the costs, $7,200
will be funded by web site advertising, and $15,000.00 will be funded by un-used prior year's assessments;
and
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0.12 per each $100 of property value, as of January 1, 2013 and determined by the appraisal district with
jurisdiction over property in the District;
WHEREAS, the Improvements and proposed assessment roll were previously presented in a public
Ordinance No.20915-09-2013
Page No. 1 of 4
hearing conducted by the City Council on August 20, 2013 (M&C 1311-296) 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 in a public
hearing conducted by the City Council 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 desiring 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 taw. The City Council, from the evidence, farther 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 subject to
assessment 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: $0.12 per each$100 of value.
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
Ordinance No. 20915-09-2013
Page No.2 of 4
thereof, and penalty and interest thereon at the rate prescribed by Chapter 372'Texas Local Government Code
(dm Public Inopnoroo/eot District Aoacsuoen( &o(), together with nmuonub|o attorney's fees and cost of
ooUuodou' if incurred, are hereby declared to he and are omdn u |iou upon the respective nanon)y of property
uguiomi v,ldobtbe same are uuaoxxcd, and uyc000u| 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
fimL enforceable lien and o|uino against the property on vvbiob such assessments are levied, and shall be first
and paramount lien thereon, superior to all other liens and claims, except state, county, uoboo} district and city
xJ valorem taxes. A copy oftbix ordinance may bn filed with the County Clerk of Tarrant County, Texas, and
when so filed *bu1| constitute complete and adequate legal notice to the public oouoonoiog the liens bxxo6y
assessed against the respective parcels of property and the owners thereof.
The sums so assessed uguiun| the respective parcels of property and the "vvoco ihepou[skuU be and
become due and payable on or before January 31, 2014, and shall become delinquent if not paid by February |.
2014,The entire amount assessed against each parcel of property shall bear penalty and interest, from and after
February l. 2Ol4u<the same rate uoprescribed hy law for any delinquent udvalorem 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 |uw0u\ powers to aid in the
enforcement and collection of said assessments.
SECTION 7'
The total arn000L aamomxod against the ccmpocdvn parcels of property, and the owners thereof, is in
uonocJunoo with the proceedings of the City hereto and is less than the proportion of the ooni allowed and
permitted 6y applicable law.
SECTION 8.
Although the aforementioned charges have been fixed, levied and assessed in the respective uroouuM
herein stated, the City Council does koccby reserve the right to roJuov the o[orcnoou{ionoJ aaxeos/ono|x by
u||owiu8 occ6i1n to certain property owners wkccn deemed appropriate and provided that such any such
allowance does not result bo any inequity and/or unjust dia^rioduution.
SECTION 9.
Full power to make and levy reassessments and to correct mistakes, errors, invalid oc irregularities iu
the assessments urn' io accordance with the law iu force io this City, vested in the City.
SECTION 80.
In any suit upon any assessment urreassessment, it shall be sufficient io allege the substance o[the
provision recited iu this ordinance and that such recitals are in tu^t true, and further allegations with reference
to the proceedings relating to such assessment and ommausxonoo(mbxU not be necessary.
0odinuuoc No.20915-09-2013
Page No.3of4
SECTION It.
Should any portion, section or part of xudiou of this Drdioouoo be declared invalid, inoperative or
void for any oeuaoo by u court of competent jurisdiction, such decision, opinion or judgment ubuU 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 a6ul| he cumulative of all other ovdiouucoo and appropriations amending the axnuu
except in (b000 instances where the provisions of this Ondiuu000 are in direct uuufliot with such other
ordinances and appropriations, in x/biub 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:
z I Nk
Se"niorAssi tant City Attorney Ma'ry J.Ka CAty Sk4etary
M&C: BH-304�
Adopted and Effective:,September 10, 2013
Ordinance No. 20V15-09-2O13
Page No.4of4
City of Fort Worth
FIVE YEAR SERVICE PLAN
Public Improvement District No. 11 -Stockyards
nEvEmVss
Assessment Revenues $ 67.471 $ 07.471 $ 67.471 $ 57.471 $ 67.171
Prior Year Assessments
Total City Revenue $ 82.471 $ 82.523 $ 82.575 $ 82.6e7 $ 82'079
Web Site Advertising
Total Revenues $ 89.671 $ 89,723 * 89'775 $ 89,827 $ 89,879
sxpEmmES
Management Fee $ 13.*94 $ 13.494 $ 13.494 $ 13.494 $ 13'494
Insurance $ 425 $ 425 $ 425 $ 425 $ 425
Trash Removal(all other Maintenance) $ 10.200 $ 10.200 $ 10.200 $ 10.200 $ 10.200
m/ohoitou Other Marketing $ oo'000 $ 38,500 $ 38.500 % 38.500 $ 38,500
Public Events $ M000 $ 10.000 $ 10.000 $ 10.000 $ 10.000
City Administration $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2.000
Budget Expenses * 74.61e * 74.61e $ 74.619 $ 7*.619 * 74,61e
Estimated Operating Reserve
Total Expenses
_
FORT WORTH. Public
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTIONf-, Approved,can W10/203 -Ordinance,Nos.20915, 0,.201 �, 0 ,I -O� ;
201 , 2C 917-04*26
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DATE: Tuesday, September 10, 2013 REFERENCE NO.: BH-304
LOG NAME: 17PID11FY14PBH
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 11, Stockyards PID, Concerning the
Proposed 2013-2014 Budget in the Amount of$89,671.00 and Five-Year Service Plan and Proposed
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of
$67,471.00, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment
District Fund in the Amount of$67,471.00 and Special Trust Fund in the Amount of$2,000.00 for Fiscal
Year 2013-2014 and Authorize Execution of an Agreement with the Fort Worth Stockyards Preservation
Foundation, Inc., to Manage the District (COUNCIL DISTRICT 2)
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 11, the Stockyards Public Improvement District for the 2013 tax year;
2. Approve the attached Stockyards Public Improvement District budget and Five-Year Service Plan for
Fiscal Year 2013-2014;
3. Adopt the attached ordinance levying special assessments on the property located in the Stockyards
Public Improvement District subject to assessment for the 2013 tax year;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Public Improvement District 11 Fiscal Year 2013-2014 Project Account of the Special Assessment District
Fund in the amount of$67,471.00 from available funds;
5. Authorize a transfer in the amount of $2,000.00 for administrative fees from the Special Assessment
District Fund, Public Improvement District 11 Fiscal Year 2013-2014 Project Account to the Special Trust
Fund contingent upon the adoption of the proposed 2013 assessment roll;
6, Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund in the amount of$2,000.00 from available funds; and
7. Authorize the execution of an Agreement with the Fort Worth Stockyards Preservation Foundation,
Inc., to provide management and improvement services for the Stockyards Public Improvement District
during Fiscal Year 2013-2014 for the sum in the amount of$13,494.00.
DISCUSSION:
On January 28, 2003, the City Council adopted Resolution No. 2925 establishing Fort Worth Public
Logname: 17PIDI I FY 14PBH Page I of 3
^
Improvement District 11 (Stockyards P|D).
The purpose of this benefit hearing is to receive onnonnmnts from the public regarding the F\aoe| Year
2013-2014 proposed assessments to be levied on each property in the Stockyards P|[} to adopt an
ordinance levying the proposed aoaasSnnwnts and to adopt an appropriation ordinance allocating
estimated receipts to the MD's fund.
On August 20, 2013. /KX&C BH-296) thm City Council conducted a public hearing to receive comments on
the proposed Fiscal Year 2013-2014 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 Stockyards PID
in accordance with state law.
The improvements and services toba provided in the P|Dduring the 2013-2014 Fiscal Year and the costs
thereof are asfollows:
Improvements Total Budgeted
Costs
*nagement Fee $13,494.W
Insurance 42 5.00
,Trash Removal (All Other
iMaintenance) $10,200.00
�City Administration $ 2,000.00'
�Budget Expenses $74,619.160
�Estimated Operating Reserve $15,052.00
Total Expenses $89,671.001
The total budgeted costs of the improvements and services are in the amount of $89.671.00. Of this
amount. $67,471.00 will be funded by assessments collected on privately owned parcels located in the
district by applying a rate of$812 cents ho each $1O0O0of property value for commercial property.
The remainder of the costs in the amount of $22.200.00 will be funded by other revenue including: the
amount of $7.200.00 from vvmb site advertising and the amount of $15.000.00 from prior year's
assessments carried forward tn Fiscal Year 2O13'2U14.
The Stockyards P|D is located in COUNCIL DISTRICT 2.
�..........������������������������������������������������������
CERTIFICATION:FISCAL INFORMATION I
The Financial Management Services Oineohzr oodhes that upon approval of the above recommendations
and the adoption of the Fiscal Year 2013-2014 budget by the City Council to include the above
recommended item(a), funds will be available in the Fiscal Year 2014operating budgets, as appropriated,
of the Special Assessment District Fund and the Special Trust Fund.
CENTERS:FUND TO Fund/Account/Conters FROM Fund/Account/Centers
5)6) FE72 481306 017587001000
$2,000.00 $2,000.00
Loguume: i7Pl[)]lFYl4PBR Page 2of3
6) FE72 511010 017587001000 $2,000.00 7) GS87 539120 002511003000 $13,494.00
4)GS87 488342 002511003000 $67,471.00
4)GS87 539120 002511003000 $67,471.00
CERTIFICATIONS:
Submitted for City Manager's Office by- Fernando Costa (6122)
Originating Department Head: Cynthia Garcia (8187)
Ossana Hermosilo (6203)
Additional Information Contact: Robert Sturns (8003)
Logname: 17PIDI 1FY14PBH Page 3 of 3