HomeMy WebLinkAboutOrdinance 20918-09-2013 ORDINANCE NO.2091$-09-2013
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 12 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. 12 (the"District"); and
WHEREAS, the boundaries of the District are along the major streets of West Bonds Ranch Road on
the North, Business Highway 287 North on the East, the extended Boat Club Road on the West and the City
limits on the South; and
WHEREAS,the Improvements to be provided in Fiscal Year 2013-2014 and their estimated costs are
as follows:
Management Fee $ 8,000
Water $ 6,500
Utilities $ 4,000
Landscape & Lakes
Maintenance $ 23,500
Fence Maintenance $ 400
Security/Code Blue
Programs $ 2,500
Communications/Newsletters $ 200
Social Programs/Holiday
Lighting $ 500
Insurance $ 2,600
Annual Review (Audit) $ 800
City Administration Fee $ 2,000
Budget Expenses $ 51,000
Estimated Operating
Reserve $ 5,283
Total Expense $ 56,283
The total budgeted costs of the improvements are$56,283.00. Of this amount, $53,283.00 will be funded by
assessments collected on privately owned parcels located in the district. The remainder of the costs, $3,000.00
will be funded from prior years' assessments; and
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
Ordinance No.20918-09-2013
Page 1 of 4
$l|9 per each $|O0 of value, as of January |' 2013 and determined 6y the appraisal district with jurisdiction
over property in the District; and
WHEREAS, the Improvements and proposed assessment roll were previously presented in public
hearing conducted 6y the City Council oo August 20' 20i3 (M&C8B-2P7) and have been oofileio the office
uf the City Secretary for public inspection,- and
WHEREAS, the Improvements and proposed aauoaonueut roll were once again presented to the City
Council in u public hearing conducted on the 10t6 day of September, 2013, at 7:00 p.m. in the Council
Chamber in the City BuU in the City of Fort Worth, Texas (the `^Yub)io }luuriog`)` notice of which was
published and nuui|cd to all record owners o[property io the District, and at such hearing all desiring to be
heard were given u full and fair opportunity roboheard;
NOW,THEREFORE,BEDTORDAIINEQBY THE CITY COUNCIL OF THE CITY OF FORT
WORTH,TEXAS:
SECTION l.
The Public Hearing is hereby closed and any and all protests and objections, vvbetbor herein
enumerated or not,are hereby overruled.
SECTION 2.
The City Council, from all evidence before i(` including all information provided to it and considered
in the Public Hearing, finds that the uaoonmuoots buroio dcaudbud a6^u\d he made and levied uguioaL 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 nunaun of the [nuy rove nuno1s in (he l)i»t6o( for which such oaocoomeuW are levied and establish
uu6a\uo\iuljuu\iceuudrquu|i(yuuduuiDooxity6e(weeoo\lpmrtinmcooxuoed, cousiJei-iog\he6eueG<mrnooivod
and burdens imposed. The City Council further Gmis that in each ouoe the property uuocmacd is specially
hcocfitodin enhanced value to the said property 6v means of the Improvements iu the District and for which
000eaoouoot is levied and o6urgo mude, and further finds that the apportionment of the cost of the
Improvements is io accordance with applicable law. The City Council, from the evidence, further fiodothat
the values of the respective parcels of property on January 1, 2013, are true and correct.
SECTION 3.
7boro obo|\ be, and are hereby, levied and aoucsu*d against the parcels of property subject to
uoaexanuno\ in the District and against the poul and true ovvoecu thereof (whether such owners be correctly
umned herein or not), the xmos of money iternized per pur^e| of property, and the on,uem thereof, as bo as
such owners are known,u1 the following rate and method ofpayment: $0.lV per each$|00o[value.
SECTION 4.
Where more than one person or entity owns an in1on:x/ in any property described herein, each such
person or ou,ky o6u|\ he personally liable only for its, her or his pro cutu o6urn of the total uuaesorneni against
such property iu proportion to its, his o,her respective interest to the total ownership such property, and its, his
or her respective interest in such property may be ro\ooacd from the uxaeoonoen1 lieu upon payment of a
proportionate sum.
Ordinance No.20918-09'2013
Page 2m[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 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
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.
Ordinance No.20918-09-2013
Page 3 of 4
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 Ass tant City Attorney Mary J. 64s t Secretary
M&C: BH-305
Adopted and Effective: September 10,2013
Ordinance No. 20918-09-2013
Page 4 of 4
City of Fort Worth
PROPOSED FIVE YEAR SERVICE PLAN
Public Improvement District#12-Chapel Hill
FY13114 FY14/15 FY1�B1O FY1��17 FY17/18
REVENUE --------- -------- -------- -------- --------
P|DAssessments % 53.283 $ 58.000 $ 64'0DO $ 75.000 G 82.000
Prior Year's Assessments $ 3,ODO $ 5,283
Total Revenues $ 56.283 $ 03.283 $ 72.283 $ 86.283 $ 95.283
EXPENSES
Management Fee $ 8.000 $ 8.800 8 8.000 % 10.000 $ 10.000
Water % 6.500 % 7'O8U $ 7,1 DO $ 7.800 $ 8'580
UU|iUno $ 4'800 $ 4.380 Q 4.50U $ 5.O0U 8 8.000
Landscape& Lakes Maintenance $ 23.500 $ 20'200 $ 28.008 * 38.080 $ 32.000
Fence Maintenance $ 40U % 4OU $ 1.DDO $ 2.800 8 2.000
Security/Code Blue Programs $ 2.500 $ 2.500 $ 2.500 % 3.000 Q 3.000
Communication s/Nowo|ettom $ 200 $ 800 $ 000 * 1.000 $ 1.200
Marketing $ - $ - $ 100 $ 300 % 300
Social Programs/Holiday Lighting § 500 $ 500 $ OOO $ 1.000 % 3.008
Capital Improvements $ - $ - $ $ 3.500 $ 4'000
Replacements $ - $ ' $ 3.000 % 3.00O $ 4'000
Insurance * 2.000 * 2.600 $ 2.700 * 2.800 $ 3.000
Annual Review(Audit) % 800 $ 000 $ gOO $ 1.ODO $ 1.000
City Administration Foe $ 2.000 $ 2.000 $ 2.000 $ 2.000 $ 2.000
Budget Expenses $ 51.000 * 55.000 $ 01.000 $ 73.000 % 80.000
Estimated Operating Reserve _$_15i283-
Total Expense
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City of Font Worth, Texas
Mayor and Council Communication
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COUNCIL ACT10,N0'; Approved on 91110 Q13 . Ordi'nance Nose 209'18-494Q1 0019 109,
2013, 20920#09-�,Q1 ,
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DATE: Tuesday, September 10, 2013 REFERENCE NO.: BH-305
LOG NAME: 17PID12FY14PBH
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 12, Chapel Hill PID, Concerning the
Proposed 2013-2014 Budget in the Amount of$56,283.00 and Five-Year Service Plan and Proposed
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of
$53,283.00, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment
District Fund in the Amount of$53,283.00 and Special Trust Fund in the Amount of$2,000.00 for Fiscal
Year 2013-2014 and Authorize Execution of an Agreement with RTI/Communities Management
Associates, Inc. d/b/a CMA, to Manage the District (COUNCIL DISTRICT 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 12, Chapel Hill Public Improvement District, for the 2013 tax year;
2. Approve the attached Fiscal Year 2013-2014 budget and Five-Year Service Plan for the Chapel Hill
Public Improvement District;
3. Adopt the attached ordinance levying special assessments on the property located in the Chapel Hill
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 12 Fiscal Year 2013-2014 Project Account of the Special Assessment District
Fund in the amount of$53,283.00 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 12 Fiscal Year 2013-2014 Project Account to the Special Trust
Fund contingent upon the adoption of the proposed ordinance levying assessments;
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 RTI/Communities Management Associates, Inc. d/b/a
CMA, to provide management and improvement services for the Chapel Hill Public Improvement District
during Fiscal Year 2013-2014 for the sum in the amount of$8,000.00.
DISCUSSION:
On March 23, 2004, the City Council adopted Resolution No. 3060 establishing Fort Worth Public
Logname: 17PID12FY14PBH Pagel of 3
Improvement District 12 (Chapel HiUP|D).
The purpose of this benefit hearing ishV receive comments from the public regarding the 2O13-2O14Fiscal
Year budget and Five-Year Service Plan for the P|D and the proposed assessments to be levied on each
property in the P|[J 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 P|O, adopt the attached ordinance
levying the proposed assessments and adopt the attached appropriation ordinances allocating estimated
receipts to the District's fund.
On August 20. 2013. /yN&C BH-297\ the C)b/ Council conducted a public hearing to receive comments on
the proposed 2013-2014 Fiscal Year budget and Five-Year Service Plan. Notice of this benefit hearing
was published in the newspaper and mailed to all record owners Of property in the Chapel Hill P|D in
accordance with state law,
The improvements and services to be provided in the P|D during the 2013-2014 Fiscal Year and the costs
thereof are Bsfollows:
Total
Improvements Budgeted
Costs I
,Management Fee
Water $ 6,500.00
'Utilities $ 4,000.00
!Landscape Maintenance
Program
fence Maintenance 400.00
,Security/Code Blue Programs $ 2,500.00
Social Programs/Holiday $ 500.00
Lighting
Insurance $ 2,600.00
Annual Review (Audit) $ 800.00
6i'ty"Administration 'Fee '$ 2,000.00
Budget Expenses $51,000.00
Estimated Operating Reserve
The total budgeted costs of the improvements are in the amount of$56,283.00. Of this amount,
$53,283.00 will be funded by assessments collected on privately owned parcels located in the Oiabio\ by
applying m rate of$0.18 cents to each $100.00 of property value for commercial property. The remainder
of the costs in the amount $3.000.00 will be funded by prior year's assessments.
The Chapel Hill P|D is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the Fiscal Year 2013-2014 budget by the City Council to include the above rgCOmnoenUmU
Logname: 17PlD12FY149BB Page 2 of
item(s), funds will be available in the Fiscal Year 2014 operating budget, as appropriated, of the Special
Assessment District Fund and the Special Trust Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
5)6) FE72 481306 017587001000 $2,000.00 5)GS87 539120 002512003000 $2,000.00
6) FE72 511010 017587001000 $2,000.00 7)GS87 539120 002512003000 $8,000.00
4) GS87 488342 002512003000 $53,283.00
4) GS87 539120 002512003000 $53,283.00
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: 17PID12FY14PBH Page 3 of 3