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HomeMy WebLinkAboutOrdinance 18798-09-2009ORDINANCE NO 18798-09-2009 AN ORDINANCE ORDERING THE LEVY OF SPECIAL ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 11 DURING FISCAL YEAR 2009-10, 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 Crty Council of the City of Fort Worth, Texas, has heretofore directed that certain improvements and/or services (the "Improvements") shall be provided m the Fort Worth Public Improvement Distract No 11 (the "Distract") during Fiscal Year 2009-10; and WHEREAS, the boundaries of the Distract include 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, Forney Avenue, Northwest 25th Street, and Ellis Avenue on the west side; and WHEREAS, the improvements and services to be provided m the Distract during the 2009- 2010 fiscal year, and the estimated costs of such improvements and services, are as follows y. ... _. _ i .., .. ~ . _ _. ~ ~ __.:.:m::..:.::: ~ 1 Improvements Management Fee Total Budgeted, Costs Insurance Website & Other Marketing Public Events City Administration 11,150; 3 50' 31,834 15,000 2,000 ~~.... 60,334 17,372 $77,706 The total budgeted costs of the improvements are $77,706 Of this amount, $55,991 will be funded by assessments collected on privately owned parcels located m the Distract. The remainder of the costs, $21,715, will be funded from prior years' assessments. WHEREAS, the improvements and services shall be provided by the Stockyards Preservation Foundation of Fort Worth, Inc. under a contract with the City; and WHEREAS, the City Council has found that the above-referenced improvements and services confer a special benefit on property located m the Distract; and WHEREAS, the assessments shall be based on the value of each parcel on January 1, 2009, including the value of the structures on other improvements, with the assessment on each parcel to be determined by applying a rate of $0 10 per each $100 of property value WHEREAS, such proposed assessment roll was approved and adopted by the City Council of the City of Fort Worth, and a time and place was set for a hearing, and the proper notice of the time, place and purpose of said hearing was given and said hearing was held at the time and place fixed therefore, to-wit, on the 8th day of September, 2009, at 7 00 p.m. in the Council Chamber in the Crty Hall m the Crty of Fort Worth, Texas, and at such hearing various protests and objections were made, and all desiring to be heard were given a full and fair opportunity to be heard, and the City Council, having fully considered all proper matters, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS• SECTION 1. Said hearing be, and the same is hereby, closed and the said protest and objections, and any and all other protests and objections, whether herein enumerated or not, be and the same are hereby overruled. SECTION 2. The City Council, from the evidence, finds that the assessments herein described should be made and levied against the respective parcels of property m the Distract and against the owners of such property Such assessments and charges are right and proper and are. substantially m proportion to the benefits to the respective parcels of property by means of the improvements m the Distract 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 m each case the property assessed is specially benefited in enhanced value to the said property by means of the said improvements in the Distract and for which assessment is levied and charge made, in a sum m excess of said assessment and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improvements is in accordance with the law m force in this City, and the proceedings of the City heretofore had with reference to said improvements, and is m all respects valid and regular The City Council, from the evidence, further finds that the values of the respective parcels of property on January 1, 2009, are true and correct. SECTION 3. There shall be, and are hereby, levied and assessed against the parcels of property m the Distnct 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. SECTION 4. Where more than one person, firm or corporation owns an interest m any property described herein, each said person, firm or corporation shall ~be personally liable only for rts, 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 m 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 thereof, and penalty and interest thereon at the rate prescribed by Chapter 372, Subchapter A, Sections 372 018(b), et. seq , of the Local Government Code (the Public Improvements Distract 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 the said hens shall be and constitute the first enforceable hen and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, supenor to all other liens and claims, except state, county, school distract and city ad valorem taxes. A copy of this ordinance maybe 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 hens 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 as follows, to-wit: The assessments shall be payable on or before January 31, 2010, and shall become delinquent if not paid by February 1, 2010 The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2010 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 m accordance with the proceedings of the City relating to said improvements and assessments thereof and is less than the proportion of the cost allowed and permitted by the law in force in the City SECTION 8. Although the aforementioned charges have been fixed, levied and assessed m the respective amounts herein stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate. Notwithstanding the City Council has herein reserved the right to issue credits, rt shall not be required to issue credits, and will not do so, if same would result in any inequity and/or unjust discrimination. The principal amount of each of the several assessments levied by the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment herein levied such amount or amounts, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments. SECTION 9 Full power to make and levy reassessments and to correct mistakes, errors, invalidates or irregularities in the assessments are, in accordance with the law m force m this Crty, vested in the City SECTION 10. All assessments levied are a personal habilrty and charge against the real and true owners of the property described, notwithstanding such owners may not be named, or may be incorrectly named. SECTION 11. 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 4 with reference to the proceedings relating to such assessment and reassessment shall not be necessary SECTION 12. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of Chapter 372, Subchapter A, Sections 372 001 et seq , of the Texas Local Government Code (the Public Improvements District Assessment Act) SECTION 13. 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 m no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 14. That this ordinance shall be cumulative of Ordinance No 15677 and 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, mwhich instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 15. 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 By. Peter Vaky Assistant Crty Attorney M&C BH-244 ADOPTED AND EFFECTIVE September 8, 2009 r 5 ~ ~ M r O .7 M ~~ M O O M M O M M r (7 CO O O ~ ~ ~ N O ~' ff> ~ OfJi ~ M ~ ~ LL M M ~ O (Op O ~ M 00 O O M M N ~ pp ~ ~ .-- In N ~ ~ ~ y3 ~ ~ M ~ b9 LL r ~- ~ O N p ~ t~ (+~ M 00~ O O O O ~ O M O p O r ~ O M ~Op ~ r r ~ N ~ 00 ~ ~ ~ r ~ ~ M r d9 ER y ~ . ld V r ~ O N~ M O ~ O M d' O O O O M O ~p O t/1 Z O ~ M ~ f~ ~ o0 ~ M ~ CV 0 M ~p M ti ~ Q ~ ~ ~ ~-- f~9 r r bR ER t d r ~ ~w o ~(aZ ... ~ V W +' ~ ~ O to p ti n 0 ~ 0 M 0 O 0 O M N p M M~ O Il V1 N ~ ~ ~ e- ~ r 00 r ~ N tO0 ~ ti O~ Q O ~' ~ N~ .- M ~ ~~~ W d v >' E LL ~ Q . E a N ~ Z i N ~ C O N '~'' O O O ~ C ~ ~ ~ r. ~ > ~ ~ ~ O C 00 ~ ~ ~ ~ ~ ~ y R Z O C Q d C N ~ C 'N O O O Q U N W ~ 3 ~ d W N c ~ ~ W C ~ . y Vl K~ Q Q 0 ~ ~ } d fn ~ ~ ~ ~ Q W + W Z a7 tZL ~ .o ~ W t0 ~n ~ ~ '~' l C ~ ~ - ~~ Q d ~ ~ ~ d U ~ p© ~ ~ O H X W ~J O m W H City of Fort Worth, Texas Mayor and Council Communication ~~ COUNCIL ACTION: Approved on 9/8/2009. - ©rd. Nos. 18798-09-2009, 18799-09-2009 & 18800''-09-2009 ,~ . µ: _ __ DATE Tuesday, September 08, 2009 REFERENCE NO BH-244 LOG NAME. 17PID11BENHEAR2009 SUBJECT Conduct a Benefit Hearing for Fort Worth Public Improvement District 11 (Stockyards) Concerning the Proposed Budget and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2009 Tax Year; Adopt Appropriation Ordinances to Increase Estimated Receipts in the Special. Assessment District Fund and Special Trust Fund for Fiscal Year 2009-2010 and Authorize Execution of an Agreement with the Fort Worth Stockyards Preservation Foundation, Inc., to Manage the District RECOMMENDATION It is recommended that the City Council 1 Hold a benefit hearing concerning the proposed special assessments on property located in Fort Worth Public Improvement District 11 (the Stockyards PID) for the 2009-2010 Fiscal Year; 2 Approve the attached Stockyards PID budget and five-year service plan for Fiscal Year 2009-2010, 3 Adopt the proposed 2009 assessment roll for the Stockyards PID, 4 Adopt the attached ordinance which levies the proposed assessment for property located in the Stockyards PID for Fiscal Year 2009-2010; 5 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $55,991 00 in the Special Assessment District Fund (Public Improvement District 11 Fiscal Year 2009- 2010 Project account) from available funds, 6 Authorize the transfer of $2,000 00 for administrative fees from the Special Assessment District Fund (Public Improvement District 11 Fiscal Year 2009-2010 Project Account) to the Special Trust Fund contingent upon the adoption of the proposed 2009 assessment roll, 7 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $2,000 00 from available funds, and 8 Authorize the City Manager to execute an Agreement with the Fort Worth Stockyards Preservation Foundation, Inc., to provide management and improvement services for the Stockyards PID during Fiscal Year 2009-2010 for the sum of $11,150 00 DISCUSSION On January 28, 2003, the City Council adopted Resolution No 2925 establishing Fort Worth Public Improvement District No 11 (PID 11) Logname 17PIDllBENHEAR2009 Page 1 of 3 The purpose of this benefit hearing is to receive comments from .the public regarding the Fiscal Year 2009-2010 proposed assessments to be levied on each property in PID 11, to adopt an ordinance levying the proposed assessments and to adopt an appropriation ordinahce allocating estimated receipts to the District' s fund On August 25, 2009, (M&C G-16679) the City Council conducted a public hearing to receive comments on the proposed Fiscal Year 2009-2010 five-year service plan and budget (attached) and provided notice of this benefit hearing Based upon the five-year service plan budget the current and projected revenues will fund the following Improvements Management Fee Insurance Website and Other Marketing Public Events City Administration Budget Expenses Estimated Operating Reserve Total Expenses Total Budgeted Costs $11,150 00 $350 00 $31,834 00 $15,000 00 2 000.00 $60,334 00 $17,372.00 $77,706 00 The total budgeted costs of the improvements and services are $77,706 00 Out of the total expenses, $55,991 00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0 10 cents to each $100 00 of the value of such property and this will be the established rate in Fiscal Year 2010 The remainder of the costs, $21,715 00 will be funded by prior year assessments carried forward to Fiscal Year 2009-2010 ':Based on the appraised value of the property and considering the benefits to be received from the ;proposed improvements, it is the opinion of the City staff that an amount equal to or more than the proposed assessments, upon completion of the improvements will enhance each parcel of property in value PID 11 is commonly known as the "Stockyards PID" and is located in COUNCIL DISTRICT 2 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Fiscal Year 2009- 2010operating budget, as appropriated, of the Special Assessment District Fund and the Special Trust Fund FUND CENTERS TO Fund/Account/Centers 6) 7)) FE72 481306 017587001000 7)) FE72 511010 017587001000 5)) GS87 488342 002511003000 GS87 539120 002511003000 CERTIFICATIONS Submitted for City Manager's Office b~ FROM Fund/Account/Centers 2 000.00 6)) GS87 539120 002511003000 2 000.00 2 000.00 8)) GS87 539120 002511003000 $11,150.00 $55,991.00 $55,991.00 Thomas Higgins (6140) Logname 17PID11BENHEAR2009 Page 2 of 3 Originating Department Head. Jay Chapa (6192) Additional Information Contact. Sylvia Flores (8550) Logname• 17PID 11 BENHEAR2009 Page 3 of 3