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HomeMy WebLinkAboutOrdinance 21447-09-2014 ORDINANCE NO.21447-09-2014 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 20I4-15; 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 2014-2015 and their estimated costs are as follows: EXPENSES Security Patrol Services $ 60,000.00 Security Patrol Services-Vehicle Fuel, R&M, &Insurance $ 7,000.00 Management Costs $ 6,270.00 Insurance $ 500.00 Administrative Costs-Audit/Accounting $ 1,500.00 City Administrative Fee $ 2,000.00 Budgeted Expenses $ 77,270.00 Estimated Operating Reserve $ 13,633.00 Total Expenses $ 90,903.00 The total budgeted costs of the improvements are$90,903.00. Of this amount,$73,767.00 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 1,2014 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 26, 2014 (M&C BH-315) and have been on file in the office of the City Secretary for public inspection;and WHEREAS, the Improvements and proposed assessment roll was once again heard by the City Council on the 91h day of September, 2014, 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; Ordinance No.21447-09-2014 Pagel of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION I. 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 1,2014, 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: $0.27 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 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, 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 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, 2015, and shall become delinquent if not paid by February 1, 2015. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2015 at the same rate as prescribed by law for any delinquent ad valorem tax until paid. Ordinance No. 21447-09-2014 Page 2 of 4 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. 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 1S SO ORDAINED. Ordinance No.21447-09-2014 Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: YA 16� o� 1 Senior Assistan City rney )L6 J. 1 aystr, ty ecr a y M&C: BH-323 Adopted and Effective: September 9,2014 Ordinance No.21447-09-2014 Page 4 of 4 City of Fort Worth PROPOSED FIVE YEAR SERVICE PLAN Public Improvement District No. 15-Sun Valley FY14115 FY15116 FY16 117 FY17118 FY18119 REVENUES PID Assessments 73,767 75,980 78,259 80,607 83,025 Prior Year's Assessment 17,136 13,633 10,145 7,362 5,320 Total Revenues $ 90,903 $ 89,613 $ 88,404 $ 87,969 $ 88,345 EXPENSES Security Patrol Services 60,000 61,800 63,036 64,297 64,940 -Contract, Wages, Taxes Security Patrol Services 7,000 7,210 7,354 7,501 7,576 -Vehicle, Fuel, R&M, Insurance Management Fee 6,270 6,458 6,652 6,852 7,057 Insurance 500 500 500 500 500 Administrative Costs-Audit/Accou 1,500 1,500 1,500 1,500 1,500 City Administration Fee $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 Budget Expenses $ 77,270 $ 79,468 $ 81,042 $ 82,650 $ 83,573 Estimated Operating Reserve $ 13,633 $ 10,145 $ 7,362 $ 5,320 $ 4,772 Total Expenses $ 90,903 $ 89,613 $ 88,404 $ 87,969 $ 88,345 FORTWORTHm Sun Valley P ublic Improvement District d - 5 8 Cn f h • 1 s ° TA�fID 5 TRIC�LAIyCy_ Ar 287 TER SUN V.AL I FY KALTENBRUN rf i ,•�,' � s Ml 1 i cJy - ', LU CD W = MOSSON hc' .. k A, C - .. �. 04L RE W `fill s LEGEND J 1� AFT, L TT ti . 6 J1 , PID 15 - SUN VALLEY r ' 0 0.075 0.15 0.3 Miles '` -� •' Pro ared on:A u t 19 2014 COPYRIGHT 2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIIE PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAI ENGINEERING, OR SURVEYING PURPOSES.IT DOES NOT REPRESENTAN ON-THE-GROUND SURVEYAND PRESENTS ONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTY BOUNDARIES. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/9/2014 - Ordinance Nos. 21446-09-2014 & 21447-09- 2014 DATE: Tuesday, September 09, 2014 REFERENCE NO.: BH-323 LOG NAME: 17PID15FY15PBH SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 15, Sun Valley PID, Concerning the Proposed 2014-2015 Budget in the Amount of$90,903.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2014 Tax Year in the Amount of $73,767.00, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of$73,767.00 and Authorize Transfer in the Amount of $2,000.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 15 Fiscal Year 2014-2015 Project Account to the General Fund 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 2014 tax year; 2. Approve the attached 2014-2015 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 2014 tax year; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Public Improvement District 15 Fiscal Year 2014-2015 Project Account of the Special Assessment District Fund in the amount of$73,767.00 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 2014-2015 Project Account to the General Fund contingent upon the adoption of the proposed ordinance levying assessments; and 6. Authorize the execution of an Agreement with ORASI Development, LLC, in the amount of $6,270.00 to provide management and improvement services for the Sun Valley Public Improvement District during Fiscal Year 2014-2015. 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). The purpose of this benefit hearing is to receive comments from the public regarding the 2014-2015 Fiscal Logname: 17PID15FY15PBH Pagel of 3 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 2014 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 ordinance allocating estimated receipts to the Sun Valley PID's fund. On August 26, 2014, (M&C BH-315) the City Council conducted a public hearing to receive comments on the proposed Sun Valley PID and the 2014-2015 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 2014-2015 Fiscal Year and the costs thereof are as follows: Improvements Total Budgeted Costs Management Fee (Admin.) $ 6,270.00 Security Patrol Services (Wages, Taxes, $60,000.00 Worker's Compensation) Security Patrol Services (Vehicle Fuel, $ 7,000.00 Replacement & Maintenance, Insurance) Audit/Accounting $ 1,500.00 City Administrative Fee $ 2,000.00 Insurance $ 500.00 Budget Expenses $77,270.00 Estimated Operating Reserve $ 13,633.00 Total Expenses $90,903.00 The total budgeted costs of the improvements are in the amount of $90,903.00. Of this amount, $73,767.00 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 remainder of the costs in the amount of$17,136.00 will be funded from the prior year's assessments. 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 2014-2015 Budget by the City Council, funds will be available in the Fiscal Year 2015 operating budget, as appropriated, of the Special Assessment District Fund and the General Fund. FUND CENTERS: TO Fund/Account/C enters FROM Fund/Account/Centers 4) GS87 488342 002515012000 $73.767.00 5) GS87 539120 002515012000 $2,000.00 4) GS87 539120 002515012000 $73.767.00 6) GS87 539120 002515012000 $6,270.00 5) GG01 461813 0171000 $2,000.00 CERTIFICATIONS: Logname: 17PID15FY15PBH Page 2 of 3 Submitted for City Manager's Office §y. Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional information Contact: Ossana Hermosillo (6203) Logname: 17PID15FY15PBH Page 3 of 3