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HomeMy WebLinkAboutOrdinance 21436-09-2014 ORDINANCE NO.21436-09-2014 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 7 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. 7(the"District"); and WHEREAS,the boundaries of the District are Wall-Price Keller Road and Alta Road on the north; Shiver Road to North Beach Street passing through the Park Green Belt on the south; Park Vista Boulevard at Shiver Road to Wall- Price Keller Road on the east; and North Riverside Drive on the west;and WHEREAS, the Improvements to be provided in Fiscal Year 2014-2015 and their estimated costs are as follows: EXPENSES Management Fee 170,665 Water 200,000 Utilities 28,462 Landscape/Tree Maintenance 823,508 Fence Maintenance 78,000 Common Area Maintenance 67,000 Holiday Lighting 27,000 Security Enhancements 80,000 Public Events 70,000 Capital Improvements 157,839 Insurance 15,600 Annual Review 2,000 City Administration Fee 31,566 Estimated Operating Reserve $400,000 Total Expenses $2,151,640 The total budgeted costs of the improvements are $2,151,640.00. Of this amount, $1,578,278.00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $573,362.00 will be funded by other revenue sources: • $173,362.00 in a direct payment from the City for payment in lieu of services, which was appropriated from the General Fund balance by City Council action on September 9,2014; • $400,000.00 from prior years' assessments; and WHEREAS, it is proposed that property in the District be assessed at a rate of$0.21 per each $100 of property value for residential property and $0.11 rate per each $100 of property value for commercial property, as of January 1, Ordinance No. 21436-09-2014 Paget of 4 2015 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 1311-3 10) and have been on file in the office of the City Secretary for public inspection;and WHEREAS, the Improvements and proposed assessment roll were once again heard by the City Council in a public hearing conducted on the 9th 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 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: 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 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: $0.21 per each$100 of value for residential property and$0.11 per each$100 of value for commercial property. 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 Ordinance No.21436-09-2014 Page 2 of 4 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. 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. Ordinance No.21436-09-2014 Page 3 of 4 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: 7 r� Senior Assis4nt City Atto M J.Kay i ecr M&C: BH-318 Adopted and Effective: September 9,2014 Ordinance No.21436-09-2014 Page 4 of 4 City of Fort Worth Proposed Five Year Service Plan Public Improvement Distrct No.7-Heritage FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 REVENUES Budget Budget Budget Budget Budget PID Assessments 1,578,278 1,575,000 1,580,000 1,590,000 1,600,000 City Payment In-Lieu of Services 173,362 173,362 173,362 173,362 173,362 Prior Years'Assessments 400,000 400,000 400,000 400,000 400,000 Total Revenues $2,151,640 $2,148,362 $2,153,362 $2,163,362 $2,173,362 EXPENSES Management Fee 170,665 172,889 175,180 175,534 175,534 Water 200,000 246,000 248,000 250,000 250,000 Utilities 28,462 28,500 29,500 27,934 27,934 Landscape/Tree Maintenance 823,508 814,508 819,916 819,916 819,916 Fence Maintenance 78,000 65,000 60,000 55,000 55,000 Common Area Maintenance 67,000 49,000 45,000 46,000 56,000 Holiday Lighting 27,000 31,000 32,000 33,000 33,000 Security Enhancements 80,000 80,000 80,000 80,000 80,000 Public Events 70,000 65,000 67,817 68,000 68,000 Capital Improvements 157,839 147,365 146,749 158,578 158,378 Insurance 15,600 15,600 15,600 15,600 15,600 Annual Review 21000 2,000 2,000 2,000 2,000 City Administration Fee 31,566 31,500 31,600 31,800 32,000 Estimated Operating Reserve $400,000 $400,000 $400,000 $400,000 $400,000 Total Expenses $2,151,640 $2,148,362 $2,153,362 $2,163,362 $2,173,362 FORT WORTH Heritage Public Improvement District J fi ?�C31'.^'.FNTafAFYt#L 1 4 - , 'A11111111 - P .a. y i �RiF.4G_,T,Iq CE +.v f I -e J LEGEND `+ tq PID 7 - HERITAGE N 0.175 0.35 0.7 Miles Alm' l' �Ired on; Aunus 19 2x14 COPYRIGHT 2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIE, 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. 21436-09-2014.8 21437-09- 2014 DATE: Tuesday, September 09, 2014 REFERENCE NO.: BH-318 LOG NAME: 17PID7FY15PBH SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 7, Heritage PID, Concerning the Proposed 2014-2015 Budget in the Amount of$2,151,640.00 and Five-Year Service Plan and Proposed Assessment Roll, Authorize Transfer in the Amount of$173,362.00 from the General Fund to the Special Assessment District Fund for the City's Payment in Lieu of Services, Adopt Ordinance Levying Special Assessments for the 2014 Tax Year in the Amount of$1,578,278.00, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Special Assessment District Fund in the Amount of $1,751,640.00 and Authorize Transfer in the Amount of$31,566.00 for Administrative Fees from the Special Assessment District Fund, Public Improvement District 7 Fiscal Year 2014-2015 Project Account to the General Fund and Authorize Execution of an Agreement with FirstService Residential to Manage the District (COUNCIL DISTRICTS 4 and 7) 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 7, Heritage PID for the 2014 tax year; 2. Approve the attached 2014-2015 Fiscal Year Budget and Five-Year Service Plan for the Heritage PID; 3. Adopt the attached ordinance levying special assessment on the property in the Heritage PID, subject to assessment in the 2014 tax year; 4. Authorize a transfer in the amount of $173,362.00 from the General Fund to the Special Assessment District Fund, Public Improvement District 7 Fiscal Year 2014-2015 Project Account for the City's Payment In-Lieu of Services; 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Public Improvement District 7 Fiscal Year 2014-2015 Project Account of the Special Assessment District Fund in the amount of$1,751,640.00 from available funds; 6. Authorize a transfer in the amount of $31,566.00 for administrative fees from the Special Assessment District Fund, Public Improvement District 7 Fiscal Year 2014-2015 Project Account to the General Fund contingent upon the adoption of the attached ordinance levying assessments; and 7. Authorize the execution of an Agreement with FirstService Residential in the amount of $170,665.00 to provide management and improvement services for the Heritage PID during Fiscal Year 2014-2015. DISCUSSION: Logname: 17PID7FY15PBH Page I of 3 On September 26, 2000, (M&C G-13021) the City Council adopted Resolution No. 2675 establishing Fort Worth Public Improvement District No. 7 (Heritage PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2014-2015 Fiscal 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 Heritage PID's fund. On August 26, 2014, (M&C BH-310) the City Council conducted a public hearing to receive comments on the proposed 2014-2015 Fiscal Year 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 Heritage 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 $ 170,665.00 Water $ 200,000.00 Utilities $ 28,462.00 Landscape/Tree $ 823,508.00; Maintenance _ Fence Maintenance��$ 78,000.00 Common Area $ 67,000.00 Maintenance Holiday Lighting �� $ 27,000.00 Security Enhancement $ 80,000.00 Public Events _ F - $ —70,000.00 Capital Improvements [ 157,839.00 Insurance F- $ 15,600.00 Annual Review (Audit) $ 2,000.00 City Administrative �31,566.00 Fee Budget Expenses­-J- xpenses _ $1,751,640.00 Estimated Operating +$ 400,000.00 Reserve F .Total Expenses F $2,151,640.00 The total budgeted costs of the improvements are in the amount of $2,151,640.00. Of this amount, $1,578,278.00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0.21 cents per each $100.00 of property value for residential property and $0.11 cents per each $100.00 of property value for commercial property. The remainder of the costs in the amount of $573,362.00 will be funded by other revenue sources: the Logname: 17PID7FY15PBH Page 2 of 3 amount of$173,362.00 from the City for Payment In-Lieu of Services and the amount of$400,000.00 from prior year's assessments. The Heritage PID is located in COUNCIL DISTRICTS 4 and 7. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and the 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/Centers FROM Fund/Account/Centers 4)5) GS87 488010 002507002000 $173.362.00 4) GG01 539120 0807071 $173.362.00 5) GS87 488342 002507002000 $1,578,278.00 6) GS87 539120 002507002000 $31,566.00 5) GS87 539120 002507002000 $1,751.640.00 7) GS87 539120 002507002000 1170,665.00 6) GG01 461813 0171000 $31,566.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Ossana Hermosillo (6203) Logname: 17PID7FY15PBH Page 3 of 3