HomeMy WebLinkAboutOrdinance 20921-09-2013 ORDINANCE NO.20921-09-2013
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 14 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. 14 (the"District"); and
WHEREAS, the District consists of an area of approximately 21.329 acres bounded by
Samuels Avenue, East Belknap Street, East Bluff Street, East Peach Street, Gounah Street,
and North Harding Street; and
WHEREAS,the Improvements to be provided in Fiscal Year 2013-2014 and their estimated costs are
as follows:
FYI 4 BUDGET
EXPENSES
Management Fee (Admin.) $ 1,800
Landscape/Tree Maint. $ 12,000
Trash Removal (all other
Maint.) $ 8,443
Marketing (Banners) $ 8,000
Insurance $ 500
Annual review (Audit) $ 500
City Administrative Fee $ 2,000
Budget Expenses $ 33,243
Estimat. Operating Res. —$ 7,727
Total Expenses $ 40,970
The total budgeted costs of the improvements are$40,970.00. Of this amount, $30,000.00 will be funded by
assessments collected on property subject to assessment in the District, and$10,970.00 will be funded from
the prior year's assessments.
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0,10 for 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-298)and have been on file iri the office
of the City Secretary for public inspection; and
Ordinance No. 20921-09-2013
Page 1 of 4
WHEREAS, the Improvements and proposed assessment roll was once again heard by the City
Council on the 10�' 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 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 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: $0.10 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 S.
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 Improvement 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
Ordinance No. 20421-09-2013
Page 2 of 4
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.
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.
Ordinance No, 20921-09-2013
Page 3 of 4
SECTION 12.
This Ordinance shall be cumulative of all other ordinances and appropriations amending the same
except in those Uilstances 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:
All
Senior
Assis nt City Attorney Mary J. Kat� i retary
M&C: BH-306
Adopted and Effective: September 10, 2013
Ordinance No. 20921-09-2013
Page 4 of 4
City of Fort Worth
PROPOSED 2O13'14BUDGET AND FIVE YEAR SERVICE PLAN
Public Improvement District No. 14 - Trinity Bluff
FY13/14 FY14/15 FY 15/16 FY 16/17 FY 17/18
REVENUES
P|DAmseoomente $ 30.000 $ 57.000 $ 63.000 $ 64`250 $ 65.535
Prior Year's assessment $ 10,970 $ 7,727 $ 24,944 $ 42,721 $ 28,873
Total Revenues $ 40.970 $ 64.727 $ 87.044 $ 106.971 $ 94.408
EXPENSES
Management Fee(Admin.) $ 1.800 G 3.340 $ 3.780 $ 3.855 $ 3.920
YYu\er $ 1.000 $ 1.500 $ 1.500 $ 1`500
Utilities $ 3'000 8 3'000 % 3.000 % 3'000
Landooape/TreaMo\nL $ 12.000 $ 13.000 $ 15'000 $ 17.000 $ 22.000
Trash Removal (all other Main\ ) S 8.443 $ 8.445 $ 8.443 % 38.443 $ 30.443
Marketing(Banners) $ 8.000 $ 8.000 % 10.000 % 10.800 $ 12.000
Insurance $ 500 $ 500 $ 750 $ 750 $ 750
Annual review(AudiV $ 500 % 500 $ 750 $ 750 8 750
City Administrative Fee $ 2.000 $ 2.000 $ 2.000 $ 2.000 $ 2.000
Budget Expenses * 33.243 $ 39.783 $ 45.223 * 78.098 * 84.363
Estimot.Operating Res. $ 7,727 $ 24,944 $ 42,721 $ 28,873 $ 10045
Total Expenses $ 40,970 m 64,727 $ 87,944 $ 106371 $ 84408
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COUNCIL ACTION-—Approved on,911012013 - Ordinance,Nos. 209211-09-20131209,22r091r,�-,
DATE: Tuesday, September 1O. 2O13 REFERENCE NO.: BH-308
LOG NAME: 17P|D14FY14PBH
SUBJECT':
Conduct a Public Benefit Hearing for Public Improvement [Jisbict14. Thnih/ B|uffP\[}. ConoerningMhe
Proposed 2U13-2O14 Budget in the Amount of$40.Q70.00 and Five-Year Service Plan and Proposed
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of
$3O.O0O.00' Adopt Appropriation Ordinances toIncrease Estimated Receipts in the Special Assessment
District Fund in the Amount of$30,000.00 and Special Trust Fund in the Amount of$2,000.00 for Fiscal
Year 2013-2014 and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the
District (COUNCIL DISTRICT Q)
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 14, Trinity Bluff P|D for the 2O13 tax year;
2. Approve the aftached Fiscal Year 2013-2014 budget and Five-Year Service Plan for the Trinity Bluff
P|[);
3. Adopt the attached ordinance levying special assessments on the property in the Trinity Bluff P|[>
subject to assessment for the 2013 tax year;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Public Improvement [}iethot 14 F\soo| Year 2013'2014 Project Account ofthe Special Assessment District
Fund in the amount of$3O.D00.00 from available funds;
5. Authorize a transfer in the amount of$2.00O.0O for administrative fees from the Special Assessment
District Fund' Public Improvement District 14 Hooa| Year 2013-2014 Project Account to the Special Trust
Fund contingent upon the adoption of the proposed ordinance levying assessments;
O. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund in the amount of$2.D0O.O0 from available funds; and
7. Authorize the execution of an Agreement with Downtown Fort VVOdh' Inc., to provide management and
improvement services for the Trinity B\uffP|O during Fiscal Year 2013-2014 for the sum in the amount of
$1,800.00.
DISCUSSION:
On June 16' 2009. the [1tv Council adopted Resolution No. 3748-06-2009 establishing Fort Worth Public
[oguumo: )7plC)14FY14PBB Page l of
Improvement District 14 (Trinity Bluff P|D\
The purpose of this benefit hearing is to receive comments from the public regarding the 2U13-2014Fiscal
Year budget and Five-Year Service Plan for the P|D. adopt the attached ordinance levying the proposed
osseomnoonka and to adopt the attached appropriation ordinances allocating estimated receipts to the
Trinity Bluff P|D'sfund.
(]n August 20. 2013, (K4&C BH-298) the City Council conducted a public hearing to receive comments un
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 Trinity Bluff PID
in accordance with state law.
The improvements and services to be provided in the PID during the Fiscal Year 2013-2014 and the costs
thereof are aSfollows:
Total Budgeted
Improvements i
Costs
�Management Fee (Admin.) $ 1',800.00
iLandscape/Tree Maintenance 1 $12,000.001
Trash Removal $ 8,443.001
IMarketing (Banners and
$ 8,000.0011
Hnsurance 500.00
'Annual review (Audit) 500.00,
City Administrative Fee $ 2,000.001
:Budget Expenses $33,243.001
,Estimated Operating Reserve $ 7,72 7.00
�Total Expenses $40,970.00
The total budgeted costs of the improvements are in the amount of $40.87000. Of this amount,
$30,000.00 will be funded by assessments ooUeobad on privately owned parcels located in the district by
levying special assessments at a rate of $0.10 cents per each $100.00 of property value. The remainder
of the costs in the amount of$10,970.00 will be funded from the prior year's assessments.
The Trinity Bluff P|[> is |Dcuhad in COUNCIL DISTRICT 9.
FISCAL INFORMATION / '
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 recommended
item(s), funds will be available in the Fiscal Year 2O14operating 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 $2,0&0.00
6) FE72 511010 017587001000 �000.00 $1,800.00
4)GS87 488342 002514009000 $3D800M
Lognarn*: 17PlQ/4FY)4YBB Page 2of3
4)GS87 539120 002514009000 $30,000.00
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: 17PID14FY14PBH Page 3 of 3