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HomeMy WebLinkAboutOrdinance 18792-09-2009ORDINANCE NO 18792-09-2009 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 7 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 in the Fort Worth Public Improvement Distract No 7 (the `District") during Fiscal Year 2009-10 and WHEREAS, the boundaries of the Distract 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 and services to be provided m the Distract during the 2009- 2010 fiscal year and the estimated costs of such improvements and services, are as follows Improvements and Services ''~ Total Budgeted Costs '.Management Fee ~ 73 006 _ . .,Water 221 193 Electric/Maintenance 42,135 Imgation 80 000 Landscape/Tree Maintenance ~ 514,227 ence Maintenancei~ 65 Holiday Lighting 22,000 Common Area Maintenance ~ 90 711 Securaty Patrols '~ 27 Replacements 161 122 Insurance 5 620 Community Events 15 000 Annual Review (Audit) 2, City Administration Subsidy Repayment 25,378 198,3 __ _ _. c_ Budget Expenses :~ 1,542,712 :Estimated Operating Reserve 400 000 -__~ ;Total Expenses ~ $1,942,712 The total budgeted costs of the improvements are $1,942,712 Of this amount, $1,268,913 will be funded by assessments collected on privately owned parcels located m the distract. The remainder of the costs, $673 799 will be funded by other revenue sources, including: $121,341 m a direct payment from the City for payment m lieu of services, which was appropriated from the General Fund balance by City Council action on September 8 2009 An estimated $12,000 from payments of $200 per residential lot when purchased, and $540 458 from prior years assessments and revenues, and WHEREAS, the City Council has found that the above referenced improvements and services confer a special benefit on property located in the District; and WHEREAS, the improvements shall be provided by Premier Communities Management Company under a contract with the City and WHEREAS the assessments shall be based on the value of each parcel on January 1 2009 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 $0.21 per $100 of value Commercial $0 11 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 hearing, 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 in the City Hall in the Crty of Fort Worth, Texas, and at such heanng various protests and ob3ections were made, and all desirang to be heard were given a full and fair opportunity to be heard, and the Crty 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 ob~echons, 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 m 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 City 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 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, firm 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 to its, his or her respective interest to 3 the total ownership such property and rts, his or her respective interest m such property may be released from the assessment hen 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, tf 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 habihty and charge against the real and true owners of such property whether such owners be correctly named herein or not, and the said hens shall be and constitute the first enforceable hen and claim against the property on which such assessments are levied, and shall be a first and paramount hen thereon, superior to all other hens 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 in the payment of any assessments, collection thereof shall be enforced by suit m 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 m 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 m 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. Notwrthstandmg 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 m any inequity and/or unjust 4 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, invalidates or irregularities in the assessments are, in accordance with the law in 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 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 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 Distract Assessment Act) SECTION 13. Should any portion, secrion 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 said remaining provisions shall be and remain in full force and effect. SECTION 14 That this ordinance shall be cumulative of Ordinance No 15673 and all other ordinances and appropriations amending the same except m those instances where the provisions of this ordinance are m direct conflict with such other ordinances and appropriations, inwhich instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. 5 SECTION 15. This ordinance shall take effect and be in full force and effect from and after the date of its passage and rt is so ordained. APPROVED AS TO FORM AND LEGALITY By Peter Vaky Assistant City Attorney M&C BH 242 ADOPTED AND EFFECTIVE September 8, 2009 City of Fort Worth Five Year Service Plan Public Improvement District No. 7 HERITAGE ORDINANCE NO 18792-09-2009 18793-09-2009 & 18794-09-2009 REVENUES Assessment Revenues City Reimbursement Initiation Fee Prior Year Assessment Total Revenues EXPENSES Management Fee Water Electric/Maintenance Irrigation Landscape/Tree Maintenance Fence Maintenance Holiday Lighting Common Area Maintenance Security Patrols Replacements Insurance Community Events Annual Review City Administration Surplus Capital Improvements Subsidy Repayment Budget Expenses Estimated Operating Reserve FY 09110 FY 10/11 FY 11 /12 FY 12/13 FY 13/14 1,268,913 1,344,513 1,420,113 1,422,633 1,465,312 121,341 127,408 133,778 140,467 147,491 12,000 12,000 2,800 540,458 $400,000 $400,000 $400,000 $400,000 $1 941,711 $1 tftS:i 917 ~~ 9bn b9~ ~.i yn3 "luu ~[,u i~,auo 73 006 74 834 75 827 78,063 80 366 221 193 258,527 277 623 312,057 333 901 42,135 59 384 57 291 49 967 52, 722 80 000 85 600 91 592 98,003 80 000 514,227 535 175 554 078 589 998 606 007 65 000 55 000 65 000 55 000 55 000 22,000 25 000 27 000 27 000 27 000 90 711 82;389 77 516 72,161 74 961 27 000 30 000 33 000 33 000 33 000 161 122 138,000 160 000 110 000 110 000 5 620 5 789 5 962 6 141 6 325 15 000 30 000 30 000 30 000 30 000 2,000 2,060 2 ,122 2,185 2, 251 25 378 26,890 28 402 28 453 29 306 75 273 71 ,278 71 072 91 963 198 320 $1 542,712 $1 483,921 $1 556 691 $1 563 100 $1 612,803 400 000 400 000 400 000 400 000 400 000 Total Expenses $1 942,712 $1 883 921 $1 956 691 $1 963,100 $2,012,803 City of Fort Worth, Texas Mayor and Council Communication ~~ _, ~._ COUNCIL ACTION: Approved `on 9/8/2009 - ora Nos. 18792-09-2009, 18793-09-2009.8 18794-09-2009 DATE Tuesday September 08 2009 LOG NAME 17PID07BENHEAR2009 REFERENCE NO BH-242 SUBJECT Conduct Benefit Hearing for Fort Worth Public Improvement District 7 (Heritage) Concerning Proposed 2009-2010 Budget and Five-Year Service Plan and Proposed Assessment; Adopt Ordinance Levying Special Assessments for the 2009 Tax Year Adopt Appropriation Ordinances to Increase Estimated Receipts in the the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2009-2010 and Authorize Execution of an Agreement with Premier Communities Management Company to Manage the District RECOMMENDATION It is recommended that the City Council 1 Conduct a benefit hearing concerning the proposed special assessments on property located in Fort Worth Public Improvement District 7 (Heritage PID) for Fiscal Year 2009-2010 2. Approve the attached 2009-2010 Fiscal Year budget and five-year service plan for the Heritage PID 3 Adopt the attached ordinance levying special assessments on property in the Heritage PID subject to assessment in the 2009 tax year 4 Authorize the transfer of $121 341 00 from the General Fund to the Special Assessment District Fund (Public Improvement District 7 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 $1 390 254 00 in the Special Assessment District Fund (Public Improvement District 7 Fiscal Year 2009- 2010 Project Account) from available funds 6 Authorize the transfer of $25 378 00 for administrative fees from the Special Assessment District Fund (Public Improvement District 7 Fiscal Year 2009-2010 Project Account) to the Special Trust Fund contingent upon the adoption of the attached ordinance levying assessments 7 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $25 378 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 the Heritage PID during Fiscal Year 2009-2010 for the sum of $73 006 00 DISCUSSION Logname• 17PID07BENHEAR2009 Page 1 of 3 On September 26 2000 the City Council adopted Resolution No 2675 (M&C G-13021) establishing the Fort Worth Public Improvement District 7 (Heritage 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 he 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 Heritage PID's fund On August 25 2009 (M&C G-16677) 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 Heritage PID in accordance with State law The improvements and services to be provided in the PlD during the 2009-2010 Fiscal Year and the costs thereof are Improvements Management Fee Water Electric/Maintenance Irrigation Landscape/Tree Maintenance Fence Maintenance Holiday Lighting Common Area Maintenance Security Patrols Replacements Insurance Community Events Annual Review City Administration Subsidy Repayment Budget Expenses Estimated Operating Reserve Total Expenses Total Budgeted Costs $73 006 00 $221 193 00 $42 135 00 $80 000 00 $514,22700 $65 000 00 $22 000 00 $90 711 00 $27 000 00 $161 122 00 $5 620 00 $15 000 00 $2 000 00 $25 378 00 $198,320.00 $1 542,712 00 $400,000.00 $1,942,712.00 The total budgeted costs of the improvements are $1 942 712 00 Of this amount, $1 268 913 00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0 21 to each $100 00 of property value for residential property and $0 11 to each $100 00 of property value for commercial property The remainder of the costs $673 799 00 will be funded by other revenue sources including $121 341 00 in a direct payment from the City for payment in lieu of services $12 000 00 from the district' s Builder Assessment of $200 00 per lot and $540 458 00 from prior years assessments The Heritage PID is located in COUNCIL DISTRICT 2 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances funds will be available in the Fiscal Year 2009- Logname• 17PID07BENHEAR2009 Page 2 of 3 2010 operating budget, as appropriated of the Special Assessment District Fund and the Special Trust Fund FUND CENTERS TO Fund/Account/Centers 7~ 8)) FE72 481306 017587001000 8))FE72 511010 017587001000 5 6 )GS87 488010 002507002000 ~) GS87 488342 002507002000 6)) GS87 539120 002507002000 CERTIFICATIONS FROM Fund/Account/Centers $25 378.00 7~) GS$7 539120 002507002000 $25,378.00 9)) GS87 539120 002507002000 $121 341.00 5~) GG01 539120 0171000 $1,268,913.00 $4,390 254.00 Submitted for Cif Manager's Office bv. Originating Department Head. Additional Information Contact: Thomas Higgins (6140) Jay Chapa (6192) Sylvia Flores ,(8550) $25,378.00 $73,006.00 $121,341.00 Logname: 17PID07BENHEAR2009 Page 3 of 3