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Home My WebLink AboutOrdinance 21445-09-2014 ORDINANCE NO.21445-09-2014 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 14 DURING FISCAL YEAR 2014-15; 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. 14(the"District");and WHEREAS, the District consists of an area of approximately 21.329 acres bounded by Samuels Avenue, East Belknap Street, East Bluff Street, East Peach Street, Gounah Street, and North Harding Street;and WHEREAS,the Improvements to be provided in Fiscal Year 2014-2015 and their estimated costs are as follows: EXPENSES Management Fee(Admin.) $ 2,800 Landscape/Tree Maintenance $ 15,000 Trash Removal $ 8,443 Marketing(Banners) $ 10,000 Capital Improvements $ 15,000 City Administrative Fee $ 2,000 Estimated Operating Reserve $ 22,381 Total Expenses $ 75,624 The total budgeted costs of the improvements are$75,624.00. Of this amount, $45,000.00 will be funded by assessments collected on property subject to assessment in the District,and$30,624.00 will be funded from the prior year's assessments. WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of$0.10 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-314) 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 9`b 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: Ordinance No.21445-09-2014 Pagel of 3 SECTION 1. 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: $0.10 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. 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. Ordinance No.21445-09-2014 Page 2 of 3 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 IS SO ORDAINED. APPROVED AS TO FORM AND LEGALITY: Senior Assistant City A orney J. r, ity retary m&c: BH-322 Adopted and Effective: September 9,2014 Ordinance No.21445-09-2014 Page 3 of 3 FORT WORTH. Trinity Bluff Public Improvement District 2 "' } rye, ra Y ! i5 ti d I 8 p.. .r 't I'' �" � '� y Iii ""�4 �#► '"�� 1 . 4w * . . : r x4 LEGEND x PID14 - TRINITY BLUFF 0 0.05 0.1 0.2 Miles Iry ' ?�,� � Prepared ow Au uSt .9, 2014 COPYRIGHT 2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIc PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAI ENGINEERING, OR SURVEYING PURPOSES.IT DOES NOT REPRESENT AN ON-THE-GROUND SURVEY AND 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 PID#14 PROPOSED BUDGET & FIVE YEAR SERVICE PLAN FY14-15 FYI 5-16 FY 16-17 FY 17-18 FY 18-19 REVENUES PID Assessments 45,000 50,000 51,500 53,045 54,640 COFW Assessments - - - City Payment in-lieu of Ser. - - - _ - Prior Year's Assessment 30,624 22,381 36,138 51,395.00 68,197 Total Revenues: $ 75,624 $ 72,381 $ 87,638 $ 104,440 $ 122,837 EXPENSES Management Fee(Admin.) 2,800 2,800 2,800 2,800 2,800 Water - - - - _ Utilities - - - - - Landscape/Tree Maint. 15,000 15,000 15,000 15,000 15,000 Trash Removal 8,443 8,443 8,443 8,443 8,443 Fence Maintenance - - - - - Holiday Lighting/Decor. - - - - - Security Patrols - - - - - Communications - - - - - Marketing(Ban.& main.) 10,000 5,000 5,000 5,000 5,000 Public Events - - - - - Capital Improvements 15,000 3,000 3,000 3000 3,000 Replacements - - - - - Insurance - - - - Annual review(Audit) - - - - - City Administrative Fee 2,000 2,000 2,000 2000 2,000 Budget Expenses: $ 53,243 $ 36,243 $ 36,243 $ 36,243 $ 36,243 Est.Operat.ing.. Reserve 22,381 36,138 51,395 68,197 86,594 Total Revenue/Expenses $ 75,624 $ ?2,381 87,638 $ 104,440 $ 122,837 $ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/9/2014 - Ordinance Nos. 21444-09-2014 & 21445-09- 2014 DATE: Tuesday, September 09, 2014 REFERENCE NO.: BH-322 LOG NAME: 17PID14FY15PBH SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 14, Trinity Bluff PID, Concerning the Proposed 2014-2015 Budget in the Amount of$75,624.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2014 Tax Year in the Amount of $45,000.00, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of$45,000.00 and Authorize Transfer in the Amount of $2,000.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 14 Fiscal Year 2014-2015 Project Account to the General Fund and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District (COUNCIL DISTRICT 9) 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 14, Trinity Bluff PID for the 2014 tax year; 2. Approve the attached Fiscal Year 2014-2015 Budget and Five-Year Service Plan for the Trinity Bluff PID; 3. Adopt the attached ordinance levying special assessments on the property located in the Trinity Bluff PID, subject to assessment for the 2014 tax year; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Public Improvement District 14 Fiscal Year 2014-2015 Project Account of the Special Assessment District Fund in the amount of$45,000.00 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 14 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 Downtown Fort Worth, Inc., in the amount of$2,800.00 to provide management and improvement services for the Trinity Bluff PID during Fiscal Year 2014-2015. DISCUSSION: On June 16, 2009, the City Council adopted Resolution No. 3748-06-2009 establishing Fort Worth Public Improvement District 14 (Trinity Bluff PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2014-2015 Fiscal Logname: 17PID14FY15PBH Page 1 of 3 Year Budget and Five-Year Service Plan for the PID, to adopt the attached ordinance levying the Proposed assessments and adopt the attached appropriation ordinance allocating estimated receipts to the Trinity Bluff PID's fund. On August 26, 2014, (M&C BH-314) the City Council conducted a public hearing to receive comments on the proposed Fiscal Year 2014-2015 Budget and Five-Year Service Plan for the PID. Notice of this benefit hearing was published in the newspaper and mailed to all record owners of property in the Trinity Bluff PID, in accordance with state law. The improvements and services to be provided in the PID during the Fiscal Year 2014-2015 and the costs thereof are as follows: Improvements Total Budgeted Costs Management Fee (Admin.) $ 2,800.00 Landscape/Tree $15,000.00 Maintenance Trash Removal $ 8,443.00 Marketing (Banners and $10,000.00 Maintenance) Capital Improvements $15,000.00 City Administrative Fee $ 2,000.00 Budget Expenses $53,243.00 Estimated Operating $ 22,381.00 Reserve Total Expenses $75,624.00 The total budgeted costs of the improvements are in the amount of $75,624.00. Of this amount, $45,000.00 will be funded by assessments collected on privately owned parcels located in the district by levying special assessments at a rate of $0.10 cents per each $100.00 of property value. The remainder of the costs in the amount of$30,624.00 will be funded from the prior year's assessments. The Trinity Bluff PID is located in COUNCIL DISTRICT 9. 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 to include the above recommended item(s), 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/Centers FROM Fund/Account/Centers 5) GG01 461813 0171000 $2,000.00 5) GS87 539120 002514009000 $2,000.00 4) GS87 488342 002514009000 $45,000.00 6) GS87 539120 002514009000 $2,800.00 4) GS87 539120 002514009000 $45.000.00 CERTIFICATIONS: Logname: 17PID14FY15PBH Page 2 of 3 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Ossana Hermosillo (6203) Logname: 17PID14FY15PBH Page 3 of 3