HomeMy WebLinkAboutOrdinance 20924-09-2013 ORDINANCE NO. 20924-09-2013
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN
IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC
IMPROVEMENT DISTRICT NO. 15 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. 15 (the"District"); and
WHEREAS, the District comprises approximately 132.20 acres of land bounded by David Strickland
Road on the north, area to the south of and along Mosson Road, area to the west of and along Marie Jones
Road, and east by Interstate Highway East Loop 820 South, excluding certain small tracts of tax-exempt,City-
owned and property used for residential purposes within the District's boundaries; and
WHEREAS,the Improvements to be provided in Fiscal Year 2013-2014 and their estimated costs are
as follows:
EXPENSES
Security Patrol Services $ 54,300
Security Patrol Services -Vehicle Fuel, R&M, &
Insurance $ 7,000
Management Costs S 5,900
Administrative Costs -Audit/Accounting S 1,000
City Adrninistrative Fee $ 2,000
Budgeted Expenses $ 70,200
Estimated Operating Reserve $ 7,985
Total Expenses $ 78,185
The total budgeted costs of the improvements are$78,185.00. Of this amount, $69,415.00 will be funded by
assessments collected on property subject to assessment in the District.
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of
$0.27 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-299) and have been on file in the office
of the City Secretary for public inspection; and
Ordinance No. 20924-09-2013
Page 1 or 4
WHEREAS, the Improvements and proposed assessment roll was once again heard bythe City
Council nnthe |0= day nfSeptember, 2013, at 7:00 p.m. io the Council Chamber iu the City Hall iothe 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
hound;
NOW,THEREFORE,BE8TORDAINED BY THE CITY COUNCIL OF THE CITY OF FK}}XT
WORTH,TEXAS:
SECTION }'
The Public Bca6ug is hereby u|ouod and any and all protests and u6iecdonx` whether herein
enumerated ornot, are hereby overruled.
SECTION 2'
The City Council, from all evidence before i/' including all information provided tn it and considered
in the Public Hearing, finds that the aaaoasnuoucx 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 io proportion to the benefits to the respective parcels of
property by nununo of the Improvements in the District for n'bioh such anmeaxnneotx are levied and establish
substantial justice and equality and uniformity between all parties concerned, considering the bcoofitareceived
and burdens imposed. The City Council further Oodo that in each ouac the property uaucaued is opcoiu)|y
6eon6iod in enhanced value to the said property by means o[the Improvements in the District and for which
umaeoomoo( is levied and charge made, and further finds that the apportionment of the coot of the
Improvements is in accordance with applicable law. The City Council, from the evidence, firtbec6udu that
the values of the respective parcels o[property ooJanuary l,20i3` are true and correct.
SECTION 3.
There xbul\ 6o, and are hereby, levied and uumeoacd ugoiux/ the porur|o of property subject to
uoucmuooent in the District and against the real and true u`vuuxo thereof (whether such owners be correctly
nunocd bocmio or not), the auoua of money itou�izud per parcel of property, and the owners <buvcof, as fur as
such owners are known, uz the following rate and method^fpayment: $0.27 per each$|0Oofvalue.
SECTION 4.
Where more than one person or entity owns an interest in any property described herein, each such
pnmuo or entity skuU be personally |iuh\e only for its, her or his pro m\o uburu of the total uxaemuoonot against
such property io proportion to its, his or her respective interest to the total ovvnerubip such property, and do, his
or her respective interest in such property ouuy be »clouxed from the uomeoxnu*nt lien upon payment of u
proportionate sum.
SECTION 5'
The xovcru) sums above mentioned and assessed against the said parcels of property, and nwocm
thereof, and penalty and interest thereon at the rate prescribed hy Chapter 372.Texas [ouu| Cioveruozeot Code
(ibo Public bupnovcnueotu District Aoanmmnuco| f\oU, together with reasonable attorney's teem and cost of
oo|\euhoo, if incurred, are hereby declared to 6o and are made u lien upon the respective parcels ofproperty
against wbiob the uucoeare uxneooed, and personal liability and charge against the ,uu\ and true owners of
such property, whether such owners be correctly named herein or not,and such liens shall be and constitute the
Ordinance No. 20924-09'2013
Page 2or4
first enforceable lien and claim against the property uu which such assessments urrlevied, anJohuUheufinst
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 6e 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 |ioux hereby
assessed against the respective parcels of property and the owners thereof,
The sums so assessed against the respective parcels n[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 uod|paid.
SECTION 6'
ly default shall be made iothe payment of any assessments, collection thereof shall ho enforced bysuit
in any owmt of competent jurisdiction, and said City "ba|| exercise all of its lawful powers to aid in the
enforcement and co}\nodoo of said nuacsynnenix.
SECTION 7.
The total mnuuo{ oxuemoeJ against the respective punoe\y of property, and the owners thereof, is in
0000vdunoc with the proceedings of the City hereto and is icuu than the proportion of the cost u|>omnd and
permitted by applicable law.
SECTION 8.
Although the aforementioned obucAcm have been fixed, levied and assessed iu the respective amounts
bccoin stated, the City Council does hereby reserve the right to reduce the aforementioned uuoouomou(m by
allowing orudbu to certain property owners vvbonn deemed appropriate and provided that such any such
allowance does not result iu any inequity and/or unjust discrimination,
SECTION 9.
Full power to make and levy reuaaeoumou\a and to correct odotukea' unmo` invalid or irregularities in
the assessments are, in accordance with the law in Onme in this City, vested in the City.
SECTION lo.
lu any suit upon any assessment orreassessment, it shall bcsufficient io allege the substance ofthe
provision recited in this ordinance and that such recitals are in fact true, and further allegations with reference
to the proceedings relating to such unxeaomco/and rcmxaooxouoot xbnU not be necessary.
SECTION 11.
Should any portion, ocobou or port of section of this Ordinance be declared invalid, inoperative or
void for any reason by u uom1 of competent jurisdiction, such decision, opinion or judgment xba}\ in no vvuy
impair the remaining portions, sections, or parts of sections of this Ordinance, which shall remain in full force
and effect.
Ordinance No. 20P24-Vv-20|3
Page 3oc4
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 Assistant City Attorney Mary J. v "i ecretary
M&C: BH-307
Adopted and Effective: September 10, 2013
Ordinance No. 20924-09-2013
Page 4 or 4
City of Fort Worth
Proposed FY 2013-14 Budget&Five-Year Service Plan
Public Improvement District No.15-Sun Valley
FY 2013/14 FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18
REVENUES
PID Assessment $ 69,415 $ 81,256 $ 82,475 $ 84,124 $ 85,807
Prior Year Assessments $ 8,770 $ 7,985 $ 16,974 $ 15,915 $ 18,799
Total Revenue $ 78,185 $ 89,240 $ 99,448 $ 100,039 S 104,606
EXPENSES
Security Patrol Services $ 54,300 $ 55,200 $ 56,200 $ 63,600 $ 63,600
Security Patrol Services-Vehicle Fuel,R&M,&Insurance $ 7,000 $ 7,140 $ 7,283 $ 7,428 $ 7,577
Capital Improvements $ - S - $ 10,000 $ - $ 10,000
Management Costs $ 5,900 $ 6,907 $ 7,010 $ 7,151 $ 7,294
Administrative Costs-Audit/Accounting $ 1,000 $ 1,020 $ 1,040 $ 1,061 $ 1,082
City Administrative Fee $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000
Budgeted Expenses $ 70,200 $ 72,267 $ 83,534 $ 81,240 $ 91,553
Estimated Operating Reserve $ 7,985 $ 16,974 $ 15,915 $ 18,799 $ 13,053
Total Expenses $ 78,185 $ 89,240 $ 99,448 $ 100,039 $ 104,606
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purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes. It does not represent an on-
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responsibility 1 ofsaid data.
City of Fort Worth, Texas
Mayor and Council communication
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COUNCIL AiCTIONt Approved on 9/1:012013, .Ordinance Nos*20924w09�201, x.20925-O -.
2013'i 20926-09.201
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DATE: Tuesday, September 10, 2013 REFERENCE NO.: BH-307
LOG NAME: 17PID15FY14PBH
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 15, Sun Valley PID, Concerning the
Proposed 2013-2014 Budget in the Amount of$78,185.00 and Five-Year Service Plan and Proposed
Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2013 Tax Year in the Amount of
$69,415.00, Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special Assessment
District Fund in the Amount of$69,415,00 and Special Trust Fund in the Amount of$2,000.00 for Fiscal
Year 2013-2014 and Authorize Execution of an Agreement with ORASI Development, LLC, to Manage the
District (COUNCIL DISTRICT 5)
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 15, Sun Valley PID, for the 2013 tax year;
2. Approve the attached 2013-2014 Fiscal Year budget and Five-Year Service Plan for the Sun Valley
Public Improvement District;
3. Adopt the attached ordinance levying special assessments on the property located in the Sun Valley
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 15 Fiscal Year 2013-2014 Project Account of the Special Assessment District
Fund in the amount of$69,415.00 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 15 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 ORASI Development, LLC, to provide management and
improvement services for the Sun Valley Public Improvement District during Fiscal Year 2013-2014 for the
sum in the amount of$5,900.00.
DISCUSSION:
On August 21, 2012, (M&C G-17654) the City Council adopted Resolution No. 4120-08-2012 establishing
Fort Worth Public Improvement District 15 (Sun Valley PID).
Logname: 17PID15FY14PBH Page 1 of 3
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 to adopt the attached appropriation ordinances allocating
estimated receipts to the Sun Valley PID's fund.
On August 20, 2013, (M&C BH-299) the City Council conducted a public hearing to receive comments on
the proposed Sun Valley PID and the 2013-2014 Fiscal Year budget and Five-Year Service Plan for the
proposed PID. Notice of this benefit hearing was published in the newspaper and mailed to all record
owners of property in the Sun Valley 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:
Total
Improvements Budgeted
Costs
'Management Fee (Admin.) $ 5,900.00
. .......... . ................. ..............
Security Patrol Services (Wages, $54,300.00
'Taxes, Workers Compensation)
!Security Patrol Services (Vehicle Fuel,
,Replacement & Maintenance, $ 7,000.00
;Insurance)
,Audit/Accounting 1,000.00
'City Administrative Fee 2,000.00
,Budget Expenses $70,200.00
;Estimated Operating Reserve $ 7,985.00
. ..........
Total Expenses $78,185.00
The total budgeted costs of the improvements are in the amount of $78,185.00. Of this amount,
$69,415,00 will be funded by assessments collected on privately owned parcels located in the district by
levying special assessments at a rate of$0.27 to each $100.00 of property value.
The Sun Valley PID is located in COUNCIL DISTRICT 5.
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, 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:
Lognarne: 1.7PID15FYI,4PBH Page 2 of 3
TO Fund/Account/C enters FROM Fund/Account/Centers
5)6)) FE72 481306 017587001000 $2,000M 5)) GS87 539120 002515012000 $2,000.00
6)) FE72 511010 017587001000 $2,000.00 7))GS87 539120 002515012000 $5,900.00
GS87 488342 002515012000 $69,415.00
4))GS87 539120 002515012000 $69,415.00
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: 17PID15FY14PBH Page 3 of