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HomeMy WebLinkAboutOrdinance 18801-09-20093- ORDINANCE NO 18801-09-2009 AN ORDINANCE ORDERING THE LEVY OF SPECIAL ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT N0. 12 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 shall be provided m the Fort Worth Public Improvement Distract No 12 (the "Distract") dunng Fiscal Year 2009-10; and WHEREAS, the boundaries of the Distract are generally along the mayor 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, as more specifically set forth m Resolution No 3060, the Resolution adopted by the Crty Council establishing the Distract. WHEREAS, the improvements and services to be provided m the Distract dunng the 2009- 2010 fiscal year, and the estimated costs of such improvements and services, are as follows Improvements Management Fee Total Budgeted Costs 9,400 i ..________.. 12,35 7 3 8, A ; F ;Capital Improvements '~ 2,000 __ _ _ ~~Replacements 2,500 Insurance '( 3 Annual Review (Audit) 40( City Administration Fee '~ 2,00( The total budgeted costs of the improvements are $100,925 Of this amount, $46,000 will be funded by assessments collected on privately owned parcels located m the distract. The remainder of the costs, $54,925 will be funded from prior years' assessments. WHEREAS, the improvements shall be provided by Community Management Associates, Inc. d/b/a CMA under a contract with the City; and WHEREAS, the Crty 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 19 per each $100 of property value; and WHEREAS, such proposed assessment roll was approved and adopted by the City Council of the Crty 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 hearang was given and said hearang was held at the time and place fixed therefore, to-wit, on the 8th day of September, 2009, at 7 00 p.m. m the Council Chamber m the Crty Hall m the Crty of Fort Worth, Texas, and at such hearang various protests and ob~echons were made, and all desirang to be heard were given a full and fair opportunity to be heard, and the Crty Council, having fully considered all proper matters, is of the oprmon that the said hearang 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. 2 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 rn the Distract 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 Distract for which such assessments are levied and establish substantial ~ushce 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 m the Distract and for which assessment is levied and charge made, m a sum m excess of said assessment and charge made agarnst the same by this ordinance, and further finds that the apportionment of the cost of the improvements is m accordance with the law m force in this City, and the proceedings of the City heretofore had with reference to said improvements, and is in 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 agarnst the parcels of property in the Drstrict and agarnst 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 in any property described herein, each said person, firm or corporation 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 rts, 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 3 hereby declared to be and are made a hen 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 liens 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 hen thereon, superior to all other hens 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 m any court of competent jurisdiction, and said City shall exercise all of its lawful powers to aid m 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 m force m 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 Crty 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 m 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. 4 SECTION 9. Full power to make and levy reassessments and to correct mistakes, errors, invalidates or irregularities m the assessments are, in accordance with the law in force m this Crty, vested m 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 m this ordinance and that such recitals are m fact true, and further allegations 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 oif Chapter 372, Subchapter A, Sections 372 001 et seq., of the Texas Local Government Code (the Public Improvements Distract 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 m full force and effect. SECTION 14. That this ordinance shall be cumulative of Ordinance No 15673 and all other ordinances and appropriations amending the same except m those instances where the provisions of this ordinance are m direct'conflict with such other ordinances and appropriations, m which instance said conflicting provisions of said poor 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 rts passage and it is so ordained. 5 APPROVED AS TO FORM AND LEGALITY By• Peter Vaky Assistant Crty Attorney M&C BH-245 ADOPTED AND EFFECTIVE September 8, 2009 City of Fort Worth PROPOSED FIVE YEAR SERVICE PLAN Public Improvement District #12 -Chapel Hill ORDINANCE NO 18801-09-2009, 18802-09-2009 & 18803-09-2009 FY09/10 FY10/11 FY11/12 FY12/13 FY13/14 REVENUE PID Assessments 46,000 58,000 78,000 85,000 100,000 Prior Year's Assessments 54,925 20,175 575 75 - Total Revenues 100,925 78,175 78,575 85,075 100,000 EXPENSES Management Fee 9,400 10,000 10,000 10,000 10,000 Water 12,350 12,500 12,500 12,575 13,500 Utilities 7,000 7,000 7,200 7,500 9,000 Landscape Maintenance Program 38,000 38,000 38,500 39,000 46,000 Fence Maintenance 400 400 800 1,000 1,500 Security/Code Blue Programs 500 500 500 600 800 Communications/Newsletters 600 200 500 700 500 Marketing 100 100 100 200 200 Social Programs/Holiday Lighting 2,000 1,000 1,000 2,000 3,000 Capitallmprovements 2,000 1,000 500 4,000 6,000 Replacements 2,500 1,000 1,000 1,500 2,000 Insurance 3,500 3,500 3,500 3;500 5,000 Annual Review (Audit) 400 400 400 500 500 City Administration Fee 2,000 2,000 2;000 2,000 2,000 Budget Expenses 80,750 77,600 78,500 85,075 100,000 Estimated Operating Reserve 20,175 575 75 - - Total Expenses 100,925 - 78,175 - 78,575 - 85,075 - 100,000 S City of Fort Worth, Texas Mayor and Council Communication - ~- ~ ~ ~ ~a COUNCaL ACTION: Approved on 9/8/2009 -Ord. Nos. 18801-09-2009, 18802-09-2009 & 18803-09-2009' DATE Tuesday, September 08, 2009 REFERENCE NO BH-245 LOG NAME 17PID126ENHEAR2009 SUBJECT Conduct a Benefit Hearing for Fort Worth Public Improvement District 12 (Chapel Hill) 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 Chapel Hill of Fort Worth Community Association, Inc., and RTI Community Management Associates, Inc., d/b/a CMA, 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 12 (the Chapel Hill PID) for Fiscal Year 2009-2010, 2 Approve the attached 2009-2010 budget and five-year service plan for the Chapel Hill PID, 3 Adopt the attached ordinance levying special assessments on property in the Chapel Hill PID subject to assessment for the 2009 tax year; 4 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $46,000 00 in the Special Assessment District Fund (Public Improvement District 12 Fiscal Year 2009- 2010 Project Account) from available funds, 5 Authorize the transfer of $2,000 00 for administrative fees from the Special Assessment District Fund (Public Improvement District 12 Fiscal Year 2009-2010 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 by $2,000 00 from available funds, and 7 Authorize the City Manager to execute an Agreement with Chapel Hill of Fort Worth Community Association,. Inc., and RTI Community Management Associates, Inc., d/b/a CMA, to provide management and improvement services for the Chapel Hill PID during Fiscal Year 2009-2010 for the sum of $9,400 00 DISCUSSION On March 23, 2004, the City Council adopted Resolution No 3060 establishing the Fort Worth Public Improvement District 12 (Chapel Hill PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2009-2010 Fiscal Logname 17PID12BENHEAR2009 Page 1 of 3 {' Year budget and five-year service plan for the P,ID and the proposed assessments to be levied on each property in the PID for the 2009 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 adopt the attached appropriation ordinances allocating estimated receipts to the District' s fund On August 25, 2009, (M&C G-16680) the City Council conducted a public hearing to receive comments on the proposed 2009-2010 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 PID in accordance with State law The improvements and services to be provided in the PID during the 2009-2010 Fiscal Year and the costs thereof are Improvements Management Fee Water Utilities Landscape Maintenance Program Fence Maintenance Security/Code Blue Programs Communications/Newsletters Marketing Social Programs/Holiday Lighting Capital Improvements Replacements Insurance Annual Review (Audit) City Administration Fee Budget Expenses Estimated Operating Reserve Total Expenses Total Budgeted Costs $9,400 00 $12,350 00 $7,000 00 $38,000 00 $400 00 $500 00 $600 00 $100 00 $2,000 00 $2,000 00 $2,500 00 $3,500 00 $400 00 2 000.00 $80,750 00 $20,175.00 $100,925 00 The total budgeted costs of the improvements are $100,925 00 Of this amount, $46,000 00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0 19 to each $100 00 of property value The remainder of the costs, $54.,925 00, will be funded from prior years' assessments The Chapel Hill PID 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 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 Logname 17PID 12BENHEAR2009 FROM Fund/Account/Centers 2 000.00 6)) GS87 539120 002512003000 2 000.00 2 000.00 8)) GS87 539120 002512003000 9 400.00 Page 2 of 3 5)) GS87 488342 002512003000 $46,000.00 ~~ GS87 539120 002512003000 $46,000.00 CERTIFICATIONS Submitted for City Manager's Office bv. Thomas Higgins (6140) Originating Department Head. Jay Chapa (6192) Additional Information Contact. Sylvia Flores (8550) Logname 17PID12BENHEAR2009 Page 3 of 3