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HomeMy WebLinkAboutOrdinance 18786-09-2009ORDINANCE NO 18786-09-2009 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 1 DURING FISCAL YEAR 2009- 10 FIXING 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 shall be provided m Fort Worth Public Improvement Distract No 1 (the `Distract") during Fiscal Year 2009-10• and WHEREAS, the boundaries of the Distract are the area bounded by the Burlington Northern Santa Fe RR Tracks on the east Weatherford Street, along Weatherford east to Nichols, north on Nichols to Belknap west on Belknap to Grove, north on Grove to Bluff west on Bluff to Cummings, north on Cummings to the Trinity River South and West along the east shore of the Tramty River to Tenth Street, east on Tenth St. to Florence, south on Florence to Texas, east on Texas to the western boundary of the Tarrant County College Distract parking lot, south along the west boundary of the Tarrant County College Distract parking lot to the north curb of Lancaster Avenue, then east along the north curb of Lancaster Avenue on the south to the Burlington Northern Santa Fe tracks, then north along the Burlington Northern Santa Fe tracks until they intersect with Weatherford Street; and WHEREAS, the improvements and services to be provided in the Distract during the 2009- 2010 fiscal year and the estimated costs of such improvements and services, are as follows Improvements Total Budgeted Costs Fee 326 7 pater '~ 12,000 __. _ _ tihties 20 000 Landscape/Tree Nlamtenance Removal (all other Maintenance expenses) '~Hohday Lightmg/Decoration (Repairs) Securaty Enhancement 57,285 ...........__ ....................................................._.............._............................... 1 022,921 ___ 15 000 85 000 cations/Newsletters ~{ 20 000 arketmg (& Research) Public Events 480,910 10 ition & Planning `~ 384 670' F ______ ..:::............................................................................................._............................ ___ Capital Improvements Annual review (Audit) ~Crty Administrative Fee Budget Expenses ;Estimated Operating Reserve _ ~ .~ ..._ .Total Expenses 32,15 ........... _........ 9 00~ 3,50 ............. .............. 33;21 512,40 279,97 $2,792,383 The total budgeted costs of the improvements are $2,792,383 Of this amount, $1 660,967 will be funded by assessments collected on privately owned parcels located m the distract. The remainder of the costs, $1 131 416 will be funded by other revenue sources, mcludmg: $173 674 m a direct payment from the City for payment m heu of assessments, as required by Section 372 014(b) of the Texas Local Government Code, which will be appropriated from the General Fund balance by City Council action on September 8 2009 $135 783 m direct payments from the City for payment in lieu of services, which will be appropriated from the General Fund balance by City Council action on September 8, 2009 $159,364 m revenues generated by Distract activities, and $662,595 from prior years assessments and revenues. WHEREAS, the improvements shall be provided by Downtown 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 District; and WHEREAS the assessments shall be based on the value of each parcel on January 1 2009 as determined by the City Council, mcludmg the value of the structures on other improvements, with the assessment on each parcel to be determined by appl}nng a rate of $0 10 to each $100 00 of property value; and 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 fixed for a hearing, and the proper notice of the ~E 2 2 time, place and purpose of said hearang was given and said heanng was had and held at the time and place fixed therefore, to-wit, on the 8t" day of September 2009 at 7 00 p.m. m the Council Chamber m the City Hall m the City of Fort Worth, Texas, and at such heanng varaous 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 of the City having fully considered all proper matters, is of the opinion that the said heanng should be closed and assessments should be made and levied as herein ordered. NOW THEREFORE, BE IT ORDAINED SY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 Said heanng 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 Crty 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 and that such assessments and charges are raght 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 justice and equality and uniformity between all parties concerned, considerang the benefits received and burdens imposed, and further finds that in each case the property assessed is specially benefited m 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 against 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 m this Crty and the proceedings of the City heretofore had with reference to said improvements, and is m all respects valid and regular The Crty 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 in the Distract, 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, fine or corporation owns an interest m 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 m proportion as its, his or her respective interest bears 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 such 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 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, superaor 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 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 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 m the payment of any assessments, collection thereof shall be enforced by suit m any court of competent ~urasdiction, 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 relating to said improvements and assessments thereof and is less than the proportion of the cost allowed and permitted by the law in 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 City Council has herein reserved the right to issue credits, it shall not be required to issue credits, and will not do so, if same would result m any mequrty and/or unjust discrammation. 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 4 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 m the assessments are, m accordance with the law m force m this City 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 in 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 of Chapter 372, Subchapter A, Sections 372 001 et seq of the 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 mvahd, inoperative or void for any reason by a court of competent ~urisdichon, such decision, opinion or judgment shall m no way impair the remammg portions, sections, or parts of sections of this ordinance, which said remammg provisions shall be and remain in full force and effect. SECTION 14. That this ordinance shall be cumulative of Ordinance No 15667 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are m 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 15. This ordinance shall take effect and be m full force and effect from and after the date of its passage and it is so ordained. 5 APPROVED AS TO FORM AND LEGALITY By~ Peter Vaky Assistant City Attorney M&C BH 240 ADOPTED AND EFFECTIVE September 8, 2009 City of Fort Worth, Texas Mayor and Council Communication ..~ COUNCIL ACTIN: Approved on 9/8!2009 Ord. Nos. 18786-U9-2009, 18787-09-2009 ~ 18788-09=2009 DATE Tuesday September 08 2009 LOG NAME 17PID01 BENHEAR2009 REFERENCE NO BH-240 SUBJECT Conduct a Benefit Hearing for Fort Worth Public Improvement District 1 (Downtown) 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 Downtown Fort Worth 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 1 (Downtown) for the 2009-2010 Fiscal Year• 2 Approve the attached 2009-2010 Fiscal Year budget and five-year service plan for the Downtown PID' 3 Adopt the attached ordinance levying special assessments on property located in the Downtown PID for the 2009 tax year 4 Authorize the transfer of $135 783 00 from the General Fund to the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2009-2010 Project Account) for the City's payment in lieu of services 5 Authorize the transfer of $173 674 00 from the General Fund to the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2008-2009 Project Account) for the City' s payment in lieu of assessments 6 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1 970 424 00 in the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2009- 2010 Project Account) from available funds 7 Authorize the transfer of $33,219 00 for administrative fees from the Special Assessment District Fund (Public Improvement District 1 Fiscal Year 2009-2010 Project Account) to the Special Trust Fund contingent upon the adoption of the proposed 2008 assessment roll 8 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $33 219 00 from available funds and 9 Authorize the City Manager to execute an Agreement with Downtown Fort Worth Inc. to provide management and improvement services for the Downtown PID during. the 2009-2010 Fiscal Year for the sum of $326 750 00 Logname• 17PIDOIBENHEAR2009 Page 1 of 3 DISCUSSION On June 23 2009 the City Council adopted Resolution No 3756-06-2009 re-establishing the Fort Worth Public Improvement District 1 (Downtown PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2009-2010 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 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 appropriation ordinances allocating estimated receipts to the Downtown PID's fund On August 25 2009 (M& C G-16675) the City Council conducted a public hearing to receive comments on the proposed 2009-2010 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 Downtown PID in accordance with State law The improvements and services to be provided in the PID during the 2009 Fiscal Year and the costs thereof are I~rovements Management Fee Water Utilities Landscape/Tree Maintenance Trash Removal (all other Maintenance expenses) Holiday Lighting/Decoration (Repairs) Security Enhancement Communications/Newsletters Marketing (& Research) Public Events Transportation & Planning Capital Improvements Insurance Annual review (Audit) City Administrative Fee Budget Expenses Estimated Operating Reserve Total Expenses Total Budgeted Costs $326 750 00 $12 000 00 $20 000 00 $57,285 00 $1 022 921 00 $15 000 00 $85 000 00 $20 000 00 $480 910 00 $10 000 00 $384 670 00 $32 154 00 $9 000 00 $3 500 00 $33,219.00 $2,512,409 00 $279,974.00 $2,792,383 00 The total budgeted costs of the improvements are $2 792 383 00 Of this amount $1 660 967 00 will be funded by assessments collected on privately owned parcels located in the PID by applying a rate of $0 10 to each $100 00 of property value The remainder of the costs $1 131 416 00 will be funded by other revenue sources including $173 674 00 in direct payment from the City for payment in lieu of assessments, $135 783 00 in direct payments from the City for payment in lieu of services $159 364 00 in revenues generated by PID activities and $662 595 00 from prior years assessments and revenues The Downtown PID is located in COUNCIL DISTRICT 9 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that upon approval of the above recommendations Logname• 17PIDOIBENHEAR2009 Page 2 of 3 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 8)9~ FE72 481306 017587001000 ~)FE72 511010 017587001000 7)) GS87 488010 002501002000 6) 7)) GS87 488010 002501002000 ~) GS87 488342 002501002000 7~ GS87 539120 002501002000 FROM Fund/Account/Centers $33.219.00 8~) GS87 539120 002501002000 $33,219.00 $33,219.00 5)) GG01 539120 0171000 $135,783.00 $135,783.00 ~) GG01 539120 0171000 $173,674.00 $173,674.00 10 ~ GS87 539120 002501002000 $326,750.00 $1,660,967.00 $1,970 424.00 CERTIFICATIONS Submitted for City Manager's Office by. Originating_ Department Head. Additional Information Contact: Logname 17PIDOIBENHEAR2009 Thomas Higgins (6140) Jay Chapa (6192) Sylvia Flores (8550) Page 3 of 3 City of Fort Worth ORDINANCE NO 18786-09-2009 PROPOSED FIVE YEAR SERVICE PLAN 18787-09-2009 & 18788-09-2009 Public Improvement District No. 1 Downtown FY09/10 FY10/11 FY11/12 FY12/13 FY13/14 REVENUES PID Assessments 1 660 96.7 1 660 967 1 695 000 1 728 000 1 775 000 COFW Assessments 173 674 173,674 177 150 180 690 184 300 City Payment in-lieu of Service 135 783 138 500 141,270 144 095 146 975 PID Generated Revenue 159 364 163,413 175 780 169 095 172,475 Prior Year's assessment 662,595 _279,974 194,474 108,474 20,974 Total Revenues EXPENSES Management Fee (Administration) Water Utilities Landscape/Tree Maintenance Trash Removal (all other Maint exp) Fence Maintenance Holiday Lighting/Decoration (Repairs) Security Enhancement Communications/Newsletters Marketing (8~ Research) Public Events Transportation 8~ Planning Capital Improvements Replacements Insurance Annual review (Audit) City Administrative Fee Budget Expenses Estimated Operating Reserve Total Expenses 2,792,383 2,416 528 2,383 674 2,330 354 2,299 724 326 750 333,285 339,290 346 075 353 000 12,000 12,000 13 000 13 500 14 000 20 000 20 000 22,000 24 000 26 000 57,285 57 285 60 100 61 305 62,532 1 022,921 1 002,265 1 008,000 1 015 440 1 020 466 0 0 0 0 0 15 000 15 000 15 000 15 000 15 000 85 000 85 500 86 000 86,500 87 000 20 000 20 000 20 000 20 000 20 000 480 910 361 000 364 000 370 000 390 000 10 000 10 000 10 000 10 000 10 000 384 670 260 000 270 000 280 000 300 000 32,154 0 20 910 20 000 20 500 0 0 0 0 0 9 000 9 000 9 000 9 000 9 000 3 500 3 500 4 000 4 000 4 000 33,219 33,219 33,900 34,560 35,252 2,512,409 2,222,054 2,275,200 2,309,380 2,366,750 279 974 # 194 474 108 474 20 974 (67 026) 2,792,383 # 2,416 528 2,383 674 2,330 354 2,299 724