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HomeMy WebLinkAboutOrdinance 18789-09-2009ORDINANCE NO 18789-09-2009 AN ORDINANCE ORDERING THE LEVY OF SPECIAL ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 6 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 City 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 District No 6 (the `District") during Fiscal Year 2009-10• and WHEREAS, the boundaries of the Distract are approximately North Tarrant Parkway on the north, State Highway 377 on the east, Western Center Boulevard on the south, and North Beach Street on the west. 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 Total Budgeted Costs !Management Fee $110 644 ,Water $219,398 Utilities ;Landscape/Tree Maintenance i ;Trash Removal ~~Fence Maintenance 'Holiday Lighting Security Patrols ~Communxcations !_ . __ $14 417!: $609 156' $22,971'; $82,394' $15,572 $126,03 8 $8,395 Public Events $21 Capital Improvements $106 895 Replacements $10 00 Insurance _ __ $18,93 Contingency $25 00 Annual Review $1,92 City Administration $23,56 'Budget Expenses 1 416,30 Estimated Operating Reserve 278,20 'Total Expenses ,, __ _ $1,694,50 .. . _ The total budgeted costs of the improvements and services are $1 416,306 Of this amount, $1 178,336 will be funded by assessments collected on privately owned parcels located in the Distract. The remainder of the costs, $145,325 will be funded by a direct payment from the City for payment m lieu of services, and $370 845 from prior years assessments and revenues. WHEREAS, the improvements and services for the Distract shall be provided by Premier Communities Management Company 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 Distract; and WHEREAS the assessments shall be based on the value of each parcel on January 1 2009 as determined by the City Council, including the value of the structures on other improvements, with the assessment on each parcel to be determined by applying the following rates per each $100 of property value. Type of Property Rate Residential $0 175 per $100 of value Commercial $0 035 per $100 of value 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 set for a hearang, and the proper notice of the 2 time, place and purpose of said hearing was given and said hearing was held at the time and place fixed therefore, to-wit, on the 8th day of September 2009 at 7.00 p.m. in the Council Chamber m the City Hall in the City of Fort Worth, Texas, and at such heanng various 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, 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 BY 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 City 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 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 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 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, in a sum in 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 Crty heretofore had with reference to said improvements, and is m 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 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. SECTION 4. Where more than one person, firm or corporation owns an interest m any property described herein, each said person, firm or corporation shall be personally liable only for rts, her or his pro rata share of the total assessment against such property in proportion to rts, his or her respective interest to the total ownership such property and its, 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 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 a.re levied, and shall be a first and paramount hen thereon, superior to all other liens and claims, except state, county school distract and city ad valorem taxes. A copy of this ordinance maybe filed with tl'~e 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 in 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 rts 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 Crty relating to said improvements and assessments thereof and is less than the proportion of the cost allowed and permitted by the law in force in 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 4 aforementioned assessments by allowing credits to certain property owners where deemed appropriate. Notwithstanding the City 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 in 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. SECTION 9 Full power to make and levy reassessments and to correct mistakes, errors, mvahdates 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 liability 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 of Chapter 372, Subchapter A, Sections 372.001 et seq of the Texas Local Government Code (the Public Improvements District Assessment Act) SECTION 13 Should any portion, section or part of a section of this ordinance be declared invalid, moperahve 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 remammg provisions shall be and remain m full force and effect. 5 SECTION 14 That this ordinance shall be cumulative of Ordinance No 15671 and 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, m which instance said conflicting provisions of said prior 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 Ilts passage. and it is so ordained. APPROVED AS TO FORM AND LEGALITY By~ Peter Vaky Assistant City Attorney M&C BH 241 ADOPTED AND EFFECTIVE September 8, 2009 City of Fort Worth PROPOSED FIVE YEAR SERVICE PLAN Public Improvement District No. 6 Park Glen ORDINANCE NO 18789-09-2009 18790-09-2009 & 18791-09-2009 FY 09/10 FY 10/11 FY 11/12 FY 12/13 FY 13/14 REVENUES Assessment Revenues City Reimbursement Prior Years' Assessments Total Revenues EXPENSES Management Fee Water Utilities Landscape/Tree Maintenance Trash Removal Fence Maintenance Holiday Lighting Security Patrols Communications Public Events Capital Improvements Replacements Insurance Contingency Annual Review City Administration Budget Expenses Estimated Operating Reserve 1 178 336 1 190 119 1 202,021 1,214 041 1,226 181 145 325 148 231 151 196 154,220 157 304 370,845 $278,200 $278 200 $278 200 $278 200 $1 694 506 $1 616 551 $1 631 416 $1 646 460 $1 661 685 110 644 114 757 119 033 123 476 128 093 219 398 223 785 228,261 232,826 237 483 14 417 14 705 14 999 15,299 15 605 609 156 609 428 615 851 622, 347 628 916 22,971 19 471 19 665 19 862 20 061 82,394 83,218 83 218 83 218 83,218 15 572 15 572 15 728 15 885 16 044 126 038 127 298 128 571 129 857 131 156 8 395 8 479 8 564 8 649 8 736 21 000 21 000 26,000 26,000 26 000 106 895 20 416 12,303 9 008 5 522 10 000 10 100 10,201 10 303 10 406 18 936 19 126 19 317 19 510 '19 705 25 000 25,250 25 503 25 757 26 015 1924 1943 1963 1982 2,002 23,567 23 802 24 040 24 281 24,524 $1 416 306 $1 338,351 $1 353,217 $1 368 261 $1 383 485 278 200 278,200 278,200 278.,200 278,200 Total Expenses 1 694 506 1 616 551 1 631 416 1 646 460 1 661 685 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/8/2009 -Ord. Nos. 18789-09-2009, 18790-09-2009 ~ 1$791-09-2009 DATE Tuesday September 08 2009 REFERENCE NO BH-241 LOG NAME 17PID066ENHEAR2009 SUBJECT Conduct a Benefit Hearing for Fort Worth Public Improvement District 6 (Park Glen) Concerning the Proposed Budget and Five-Year Service Plan and Proposed Assessment Roll Adopt Ordinance Levying Special Assessments for 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 Agreement with Premier Communities Management Company 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 the Fort Worth Public Improvement District 6 (Park Glen) (Park Glen PID) for fiscal year 2009-2010 2. Approve the attached 2009-2010 Fiscal Year budget and five-year service plan for the Park Glen PID' 3 Adopt the attached ordinance levying special assessments on property located in the Park Glen PID subject to assessment for the 2009 tax year 4 Authorize the transfer of $145 325 00 from the General Fund to the Special Assessment District Fund (Public Improvement District 6 Fiscal Year 2009-2010 Project Account) for the City's payment in lieu of services 5 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1 323 661 00 in the Special Assessment District Fund (Public Improvement District 6 Fiscal Year 2009- 2010 Project Account) from available funds 6 Authorize the transfer of $23 567 00 for administrative fees from the Special Assessment District Fund (Public Improvement District 6 Fiscal Year 2009-2010 Project Account) to the Special Trust Fund contingent upon the adoption of the proposed ordinance levying assessments 7 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $23 567 00 from available funds and 8 Authorize the City Manager to execute an Agreement with Premier Communities Management Company to provide management and improvement services for Park Glen PID during Fiscal Year 2009- 2010 for the sum of $110 644 00 DISCUSSION On September 22 1998 the City Council adopted Resolution No 2453 establishing the Fort Worth Public Logname: 17PID06BENHEAR2009 Page 1 of 3 Improvement District 6 (Park Glen) (Park Glen PID) The purpose of the 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 the attached appropriation ordinances allocating estimated receipts to the Park Glen PID's fund On August 25 2009 (M&C G-16676) the City Council conducted a public hearing to receive comments on the proposed 2009-2010 Fiscal Year budget and five-year service plan and budget for the PID Notice of this benefit hearing was published in the newspaper and mailed to all record owners of property in the Park Glen 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 Total Budgeted Costs Management Fee $110 644 00 Water $219 398 00 Utilities $14 417 00 Landscape/Tree Maintenance $609 156 00 Trash Removal $22 971 00 Fence Maintenance $82 394 00 Holiday Lighting $15 572 00 Security Patrols $126 038 00 Communications $8 395 00 Public Events $21 000 00 Capital Improvements $106 895 00 Replacements $10 000 00 Insurance $18 936 00 Contingency $25 000 00 Annual Review $1 924 00 City Administration X23,567.00 Budget Expenses $1 416 307 00 Estimated Operating Reserve $278,200.00 Total Expenses $1 694,507 00 The total budgeted costs of the improvements and services are $1 694 507 00 Of this amount, $1 178 336 00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0 175 to each $100 00 of property value for residential property and $ 035 to each $100 00 of property value for commercial property The remainder of the costs $516 170 00 will be funded by other revenue sources including $145 325 00 in a direct payment from the City for payment in lieu of services, and $370 845 00 from prior years assessments and revenues The Park Glen PID is located in COUNCIL DISTRICT 4 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that upon approval of the above recommendations Logname 17PID06BENHEAR2009 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 FROM Fund/Account/Centers 8)) FE72 511010 017587001000 $23,567.00 7)) GS87 539120 002506002000 $23,567.00 7) 8)) FE72 481306 017587001000 $23,567.00 ~~ GS87 539120 002506002000 $110,644.00 5 6) GS87 488010 002506002000 $145,325.00 5)) GG01 539120 0171000 $145,325.00 6)) GS87 488342 002506002000 $1,178,336.00 GS87 539120 002506002000 $1,323,661.00 CERTIFICATIONS Submitted for City Manager's Office b~ Thomas Higgins (6140) Originating Department Head. Jay Chapa (6192) Additional Information Contact: Sylvia Flores (8550) Logname• 17PID06BENHEAR2009 Page 3 of 3