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HomeMy WebLinkAboutIR 8304 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8304 February 20, 2001 rr , et p0AT!-L%, To the Mayor and Members of the City Council Page 1 of 4 SUBJECT: DOCUMENTS AND INFORMATION CONCERNING THE ESTABLISHMENT OF FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 9 (THE PARKWOOD HILL RESIDENTIAL AREA) On December 5, 2000, the City Council adopted M&C G-13096 regarding the establishment of the Fort Worth Public Improvement District No. 9. Paragraph 3 of the M&C requires the City Manager to prepare certain documents and information and to file the same with the City Secretary as provided in Chapter 372 of the Local Government Code. In submitting the petition, the Applicant specifically reserves the right to withdraw the petition before council actions establishing the Fort Worth Public Improvement District No. 9 ("the District'� if the Applicant and the City cannot agree on the form and content of the resolution establishing the District. Further, the Applicant reserves the right to withdraw the petition for any reason upon written notice to the City prior to council actions establishing the District. The following information and documents are hereby submitted: I. The petition for establishment of the proposed District meets the requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code and the City's current policy regarding public improvement districts. A copy of the calculations establishing the sufficiency of signatures is attached and incorporated as Exhibit "A". A copy of the petition is attached and incorporated as Exhibit "B". 2. The general nature of the improvements and/or services of the District shall include: (a) Turf maintenance, which includes seasonal specifications for mowing height and cycles for the various types of landscaped areas and grasses, specifications for edging and trimming, and specifications for the application of herbicides as required; (b) Horticultural maintenance, which controls the weeding and cultivation of shrubs and ground cover (c) Irrigation maintenance, which includes inspection schedules and management of seasonal watering schedules and repairs to the system as required; (d) Seasonal color specifications to control type, color, number, and size of plants to be installed in applicable areas; (e) Tree car , which includes tree fertilization, pruning, and insect disease control; (f) Water and electricit costs for irrigation systems;' (g) Fence maintenance and repair for specialty fencing; (h) Ground and holida lighting maintenance; (i) Waterfall/fountain maintenance; 0) Other services incidental to the maintenance of landscaping; (k) Maintenance and repa of special streetlights and street signs Opp,., (1) Maintenance and repa of fences, privacy walls and retaining walls along District periirneter, and (m) Maintenance of entryway features located within the District. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8304 February 20, 2001 At* To the Mayor and Members of the City Council Page 2 of 4 SUBJECT: DOCUMENTS AND INFORMATION CONCERNING THE ESTABLISHMENT OF FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 9 (THE PARKWOOD HILL RESIDENTIAL AREA) The improvements and/or services will be a supplement to the standard existing level of City improvements and/or services and will constitute an added increment to the improvements and/or services normally provided to the taxpayers generally. The adjusted current standard level of service totals will be added to and made a part of the City Council resolution establishing the District, when and if the District is established. If the District is established, the City will continue to furnish or pay for standard improvements and/or services in the District at the same level as they are provided to the taxpayers generally. The City Council resolution authorizing the establishment of the District will contain a provision stating that the present level of standard improvements and/or services currently provided by the City of Fort Worth to taxpayers in the District will continue during the term of the District. 3. A preliminary estimate of the cost of the improvements and/or services of the District during the first year of operation, which does not begin until October 1, 2001 is: (a) Mowing/Edging/Irrigation Checks/Bed Maintenance $53,130 (b) Water/Electrical 13,200 (c) Irrigation Repairs 1,800 (d) Fountain Maintenance/Repairs 1,500 (e) Plant Material and Replacement 2,000 (f) Ground lighting maintenance 690 (g) Fence Paint ing/Repairs 1,780 (h) Contingency 777 @ City Administration 5,000 Total Maintenance and Other Expenses $79,877 The cost of improvements and/or services in subsequent years will be determined in the annual service plan to be adopted by the City Council. 4. The boundaries of the improvement district include approximately 160 acres. Major streets encompassing the proposed district are: Redwood Trail to the north, Parkwood Hill Boulevard and the T.&P. and M.K.T. Railroad tracks to the east, Basswood Boulevard to the south, and the lots abutting Bear Lake and Rogue River to the west. A copy of the map showing the boundaries of the proposed District is attached and incorporated as Exhibit "C". 5. The method of assessment is proposed to be: (a) A service plan will be approved and adopted by the City Council each year beginning October 1, 2001. The 'plan will be reviewed and updated annually by the Council to determine the annual budget for improvements and/or special supplemental services within the District. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8.304 February 20, 2001 To the Mayor and Members of the City Council Page 3 of 4 SUBJECT: DOCUMENTS AND INFORMATION CONCERNING for% THE ESTABLISHMENT OF FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 9 (THE PARKWOOD HILL RESIDENTIAL AREA) (b) The cost of an improvement and/or special service will be assessed against real property within the District according to the value of such property as determined by the City Council, including the value of structures or other improvements on the property. (c) The City Council resolution authorizing establishment of the District will contain a provision which states that there will be no assessments levied until October 1, 2001. Beginning October 1, 2001 the annual assessments against real property in the District will not exceed an amount equal to 21 cents per $100 of the value of such property as determined by the City Council, including the value of structures or other improvements on the property. 6. The proposed apportionment of costs between the improvement district and the City as a whole is: (a) All of the cost of an improvement and/or service would be paid by special assessments against real property and structures or other improvements thereon in the District. (b) The City of Fort Worth will pay its proportionate share of assessments for services provided by the District. The payment of assessments on property owned by other exempt jurisdictions may be established by contract. The City as a whole will continue to provide the standard improvements and services to the District. (c) The City Council of the City of Fort Worth will be authorized to establish by ordinance reasonable classifications and formulas for the apportionment of costs between the City and the areas to be assessed and to establish the methods for assessing special benefits for various classes of improvements and/or services. 7. The probable maximum benefits to be conferred on each tract in the District because of its improvements and/or services shall be greater than the amount of the assessment against such tract and the owners thereof. The City Council will consider a resolution authorizing establishment of the District which will provide that the District will exist in perpetuity immediately following adoption of such resolution unless property owners in the District petition the City Council for dissolution of the District as provided by law. Council action on the resolution is planned for March 27, 2001, after notice and a public hearing on the establishment of the District. The original of the above report was filed with the City Secretary of the City of Fort Worth on February 20, 2001. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS / INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8304 February 20, 2001 To the Mayor and Members of the City Council Page 4 of 4 SUBJECT: DOCUMENTS AND INFORMATION CONCERNING THE ESTABLISHMENT OF FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 9 (THE PARKWOOD HILL RESIDENTIAL AREA) Bob Terrell City Manager Exhibit "N' Calculations Exhibit "B" Petition Exhibit "C" Map ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ` . ' pROPOSEDPxD 9 PETITION FINDINGS � Texas Local Government Code,Section 372.n05 Petition states: (b) The petition isauffidnn\d signed by: (1)owners o/taxable real property representing more than 5Opercent of the appraised value o[ taxable real property liable for assessment under the proposal,as determined by the current roll of the appraisal district inwhich the property is located;AND (2) record owners of real property liable for assessment under the proposal who: (A)constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal;OR (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal. Herein are the statistics: Total appraised value ofproperty within the district $ 15,045.601 Total appraised value uf property liable for assessment $ 15.045'601 Appraised value of property belonging ho records owners who signed petition $ 8.036.101 Percentage of appraised value of property liable for assessment whose record owners have signed the petition 53.41 96 The above satisfies the requirements under Section 372.005(t)(1) n� Total number nf different owners in the proposed district 535 Total number of different owners signing petitions 430 Percentage o[valid podtiono within the proposed district 80.68 96 The above satisfies the requirements under Section 572.VO5(b)(2)(A) Total acreage in the proposed district 105A045 Total acreage owned bypetitioners 878073 Percentage of petitioners'acreage in the proposed district 83.57 96 The above sotifies the requirements under Section 372.UO5(b)(2)(8) In conclusion,staff finds the petitions submitted by the PID 9 petitioners have met the requirements under Section 372.005(b)of the Texas Local Govemment Code. Exhibit � PETITION REQUESTING THE ESTABLISHMENT OF FORT NORTH PUBLIC IMPROVEMENT DISTRICT NO. 9 [Parkwood Hill] Exhibit "B" PETITION REQUESTING THE ESTABLISHMENT OF FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 9 [Parkwood Hill] ARTICLE I —REQUEST TO ESTABLISH DISTRICT I This petition (the "Petition") is submitted to the City of Fort worth, Texas (the "City") by 1 —_.y Lumbermen's Investment Corporation ("Applicant") requesting the establishment of a public improvement district to be known as Fort Worth Public Improvement District No. 9 (the "District"). 2. This Petition is submitted under the authority of Chapter 372 of the Texas Local Government Code (the "Code") and pursuant to the "Policy Statement —Public Improvement Districts — City of Forth Worth" adopted September 10, 1991 by the City Council of the City, as amended. 3. This Petition is being submitted upon the conditions set forth below. If the conditions are not satisfied prior to the establishment of the District, the Applicant shall be deemed to have withdrawn this Petition on behalf of the Applicant prior to any action having been taken by the City Council to establish the District. The Applicant further reserves the right to withdraw this Petition at any time and for any reason by giving written notice of withdrawal (including notice by FAX, e-mail or hand delivery) to the City Secretary of the City at any time before the City Council votes to establish the District (regardless of whether the City Council may have opened a public hearing to consider the advisability of establishing the District). The conditions upon which this Petition is submitted are as follows: (a) The Applicant and the City shall have agreed upon the resolution to be adopted by the City Council establishing the District; and (b) The City Council shall have adopted such resolution. 4. The establishment of the District based on this Petition will promote the interests of the City, will confer a special benefit on all property within the District, and will promote the interests of the City, the District and all property within the District. OVOW, SACUENT-L\I 2002\348\P1DPET9.WPD ARTICLE-11 — LEGAL SUFFICIENCY OF THE PETITION This Petition is legally sufficient under the Code to establish the District because it has been signed: (1)by the record owners of taxable real property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment under this Petition, as determined by the current roll of the Tarrant Appraisal District; and (2)by the record owners of real property liable for assessment under this Petition who own taxable property that constitutes more than fifty percent(50%)of the area of all taxable real property that is liable for assessment under this Petition, as determined by the current roll of the Tarrant Appraisal District. A copy of the current tax roll of the Tarrant Appraisal District is provided as Exhibit "A" (with original signatures of each property owner supporting this Petition within the boundaries of the proposed District that is liable for assessment shown on the Owners' Signature Page attached to Exhibit "A" as Schedule "I".) ARTICLE III —GENERAL NATURE OF PROPOSED DISTRICT SERVICES The District will provide services that enhance the lifestyle, security, personal pride, enjoyment, and property values within the District including,but not limited to, the services set forth on Exhibit "B". In addition to the services set forth on Exhibit "B", the Applicant requests that the District be authorized to engage in any activity permitted under the Code, subject to annual approval by the City Council. The manager of the District will recommend each year, to both property owners within the District and to the City Council, an annual plan of service and budget setting forth in detail the services and other activities proposed for the District. 2 S:\CLIENT-L\l 2002\3481PIDPET9.WPD ARTICLE IV— ESTIMATED COST OF DISTRICT SERVICES 1. The Applicant estimates that the District's first year budget starting October 1, 2001 (excluding improvements on the east side of Parkwood Hill Boulevard to be built by and at the sole cost and expense of their respective owners) is $79,877.00. At such time that the residential portion of the east side of Park-wood Hill Boulevard is developed pursuant to landscaping plans and maintenance plans substantially the same as the residential portion of the west side of Par1cwood Hill Boulevard, it is estimated that an additional $16,908 would need to be added to the budget. In addition thereto, upon development of the non-residential property on the east side of Parlcwood Hill Boulevard, an additional $56.00 per linear foot of non-residential property fronting the east side of Park-wood Hill Boulevard would need to be added to the budget. Based upon a budget of $79,877.00, the estimated annual assessment for the first year would be $210.00 for a home within the District having an appraised value of$100,000. 2. An itemized estimate of the District's budget for the first five years together with a five-year service plan summary for the District (including estimated sources of revenues for the District) are set forth on Exhibit "C". 3. The Applicant acknowledges and agrees that each annual plan of service and budget for the District, although prepared and recommended by the District's manager, will be subject to approval by the City Council after a public hearing. The Applicant also acknowledges and agrees that each annual plan of service and budget will fully fund all costs incurred by the City in connection with the administration of the District including, but not limited to, the costs for personnel, data services, appraisals, notifications, and collection fees. The Applicant further acknowledges and agrees that the City will have the option to use in-house personnel or to contract with outside agencies to provide the same services if it is more cost effective to do so. 4. All funds of the District will be managed in accordance with accounting methods approved by the City. 3 SACLIENT-L\I 2002\,348\PIDPET9.WPD ARTICLE V— ANNUAL PLAN OF SERVICE AND BUDGET REVIEW PROCESS. Each year beginning October 1, 2001 the District's manager will prepare and recommend to the City Council an annual plan of service and budget and an updated five-year plan of service and budget. Prior to presenting each annual plan and budget to the City Council, the manager will submit the plan and budget to the Board of Directors of the Association(hereinafter defined) for the Board's review and will conduct at least one public hearing within the District at which time the proposed plan and budget (including any comments from the Board review) will be presented and property owners within the District will be given an opportunity for public comment. The manager will give individual written notice to the office of the City Manager and to each property owner within the District not less than 15 days before the date of each hearing, which notice will be accompanied by an outline of the proposed annual plan and budget or revisions thereto, as the case may be. This public hearing is in addition to the public hearing that will be held by the City Council as required by the Code before approving and adopting an annual plan of service and budget for the District. ARTICLE VI —BOUNDARIES OF THE PROPOSED DISTRICT The proposed District contains approximately 159.973 acres shown on the map attached as Exhibit "D" and more particularly described by metes and bounds on the attached Exhibit "E". The proposed District includes approximately 38.2647 acres that are owned by the City. ARTICLE V11 — PROPOSED METHOD OF ASSESSMENT It is proposed that the method of assessment for property in the District be based on appraised values as determined by the current roll of the Tarrant Appraisal District. Non-residential property located within the District will be assessed at the same assessment rate as residential property. It is estimated that the assessment rate for the first year will not exceed $0.21 per $100 of appraised valuation. 4 SACLIENT-Ul 2002\348\P1DPET9.WPD ARTICLE VIII — PROPOSED APPORTIONMENT OF COSTS VIII, BETWEEN THE DISTRICT AND THE CITY Except as provided in this Article VIII, all costs of the District will be apportioned to the District, and no City property within the District will be liable for assessment. The City will contribute to the District each year an amount equal to the costs that the City would have paid or incurred for the maintenance of all City-owned property within the District for which the District provides maintenance. Additional participation, if any, by the City in the costs of the District will be at the discretion of the City Council of the City. ARTICLE IX—MANAGEMENT OF THE DISTRICT The District will be managed by a private entity under a professional services contract with the City in the form attached as Exhibit "F. The initial term of the contract may not exceed two years, subject to year-by-year renewals with the approval of both parties. Management fees will be included in the District's annual plan of service and budget approved by the City Council. All contracts for services provided to the District will be entered into by the manager in accordance with the City's non-discrimination"Employment Practices","DBE"participation policies,and competitive bidding procedures. The manager will carry general liability insurance with limits of at least S 1,000,000.00 per occurrence and naming the City as an additional insured. Upon request by the City, the manager will provide certificates of insurance evidencing such coverage. The manager will indemnify the City against injury, damages and losses resulting from the acts or omissions of the manager and those for whom the manager is responsible. manager X— ADVISORY BODY The Applicant proposes that the District be established and managed without the creation of an "advisory body." 5 SACLIENT-L\1 2002\3487[DPET9.WPD ARTICLE XI — DISSOLUTION OF THE DISTRICT The District will be deemed established immediately upon the adoption (by the City Council of the City) of a resolution creating the District, and the District shall continue thereafter until dissolved or re-established as provided by the Code. ARTICLE.XII HOMEOWNERS ASSOCIATION 1. The Applicant agrees to amend its current property owners association known as Park-wood Hill Homeowners Association, Inc. (the "Association") to provide, in the event the District is dissolved, the Association will have the authority to continue the services of the District. The extent to which such services will be continued will be discretionary with the Association, as determined by its bylaws. The Association will, however, in the event the District is dissolved, be obligated to remove or repair, at its expense, any improvements that fall into such a state of disrepair as to create a hazard to the public safety, as determined by the City. 2. The City agrees that, in the event the District is dissolved,the Association shall automatically succeed to all rights and privileges of the District that are reasonably necessary for the continuation of any District services including, but not limited to, all easement and access rights to public rights of way or other public property. The City further agrees that the Association shall not be charged for the exercise of such rights and privileges. 3. In the event the District is dissolved, the Association will carry general liability insurance with policy limits of at least $1,000,000.00 per occurrence and naming the City as an additional insured. Upon request by the City, the Association will provide certificates of insurance evidencing such coverage. If the Association is performing services within any public right of way dedicated to the City, the Association will indemnify the City from injury, damages and losses resulting from the performance of such services by the Association or by those for whom the Association is responsible. 6 S:\CLIENT-L\I2002\348TIDPET9.WP ARTICLE XIII —ESTABLISHMENT OF THE DISTRICT DOES NOT OBLIGATE THE CITY Except as provided in Article VIII, the Applicant agrees that the establishment of the District does not obligate the City to fund or perform any District services, even if the District is dissolved. ARTICLE XIV—SALES DISCLOSURES All sales by the Applicant of property within the District will disclose in the deed that the property is located in the District and that the City is not obligated to fund or perform any District services, even if the District is dissolved. ARTICLE XV—APPLICATION FEE The Applicant agrees to pay to the City an application fee of$500.00 to cover the cost of the City in evaluating this Petition and in verifying the signatures contained in this Petition. Any unexpended portion of the fee shall be reimbursed to the Applicant when the evaluation and verification is complete. ARTICLE XVI BENEFIT OF THE DISTRICT The proposed District will operate and maintain improvements (the original cost of which was approximately $734,087.00 exclusive of improvements to be installed on the east side of Parkwood Hill Boulevard that will be located in and along boulevards,parks and open spaces. These improvements will be for the use and benefit of all property owners within the District. These improvements will also contribute to, create, and maintain a sense of individual and community pride within the District. Taken together, these benefits will help to create, preserve, and protect stable residential neighborhoods that will provide an enhanced tax base for the City far into the future. SACLIENT-L\I2002\348\PIDPET9.WPD r- 00 00 r-4 r- oci In, �D 7r r- 00 V) 0 �o (= lc� "t F c r,� r- r- r- 00 'IT rq 9 tn oo 00 V1 00 oil O O 7 VII V') 00 M rq rI 00 00 00 O O rq 1.1D r- C) rq r- C) M 0(� 00 O0;-C ��) z V-Y — oc en 00 00 V) OC CU en CG en en C) rl- oc c� r- oci r) a ) O 4 rq V) 01 m oo 00 i 0,� r,r- �T. 0.0 Ile 7r en r- V) > .w V u a C V W5 CIS v v (U (U (U W a u lu C) ci (U 1,5 .2 u I cu z E cn E F m L4 tA fx In U8 D I!qiqx:l IT, J I! jpj-1 it {$I ;a,;j IT! V- 1 1; Q Q rF ILI I. r, � I I 1 2 1 !i . 1," b ' 'i- I , I I ill I r I 1 0 rig! 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