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HomeMy WebLinkAboutOrdinance 18795-09-2009ORDINANCE NO 18795-09-2009 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 8 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 Distract No 8 (the `District") dunng Fiscal Year 2009-10 and WHEREAS, the Distract consists of the area that includes all commercial land use areas along the Camp Bowie Boulevard corridor from University Drive on the east (excluding Museum Place Holdings) to Alta Mere Drive (on the west) all commercial land use areas along the Spur 580 corridor between Camp Bowie Boulevard (on the east) and Loop 820 (on the west) and 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 and Total Services Budgeted Costs Management Fee 69,975 Landscape & Maintenance 56 800 ........ ....... CommumcationlNewsletters 20 000 __ _ __ . _ Marketing 20 000 :Economic Development 165,223 he Events 50 Audit City Administrative Fee Budget Expenses Estimated Operating 132,254 Reserve :Total Expenses $805,852 ___ The total budgeted costs of the improvements and services are $805 852 Of this amount, $400 000 will be funded by assessments collected on pravately owned parcels located m the Distract. The remainder of the costs, $405 852 will. be funded by praor years assessments and revenues. 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 improvements and services for the Distract shall be provided by the Camp Bowie Distract, Inc. under a contract with the City• 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 commercial parcel subject to assessment to be determined by applying a rate of $0 10 per each $100 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 set for a heanng, and the proper notice of the time, place and purpose of said heanng was given and said heanng 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 m the City of Fort Worth, Texas, and at such heanng varaous protests and ob~echons were made, and all desirang 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 hearang 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 raght and proper and are substantially m proportion to the benefits to the respective parcels of property by means of the improvements m 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 in enhanced value to the said property by means of the said improvements m the District and for which assessment is levied and charge made, m 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 City and the proceedings of the City heretofore had with reference to said improvements, and is in 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 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 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 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 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 jurisdiction, and said City shall exercise all of it jawful 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 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 m force m the City SECTION 8. Although the aforementioned charges have been fixed, levied and assessed m the respective amounts herein stated, the Crty 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 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. 4 SECTION 9 Full power to make and levy reassessments and to correct mistakes, errors, mvahdates or irregularities m 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, rt 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, 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 remammg provisions shall be and remain m full force and effect. SECTION 14 That this ordinance shall be cumulative of Ordinance No 15675 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, 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 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 Peter Vaky Assistant City Attorney M&C BH 243 ADOPTED AND EFFECTIVE September. 8, 2009 City of Fort Worth, Texas Mayor and Council Communication ,_ COUNCfL ACTION: Approved on 9/8/2009 -Ord. Nos. 18795-09-2009, 18796`-09-2009 & 18797-09-2009 DATE Tuesday September 08 2009 LOG NAME 17PID086ENHEAR2009 REFERENCE NO BH-243 SUBJECT Conduct a Benefit Hearing for Fort Worth Public Improvement District 8 (Camp Bowie Corridor) 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 2009-2010 Fiscal Year and Authorize Execution of Agreement with Camp Bowie District, 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 8 (Camp Bowie Corridor PID) for the 2009-2010 Fiscal Year 2 Approve the attached 2009-2010 Fiscal Year budget and five-year service plan for the Camp Bowie Corridor PID 3 Adopt the attached ordinance levying special assessments on property in the Camp Bowie Corridor PID subject to assessment; 4 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $400 000 00 in the Special Assessment District Fund (Public Improvement District 8 Fiscal Year 2009- 2010 Project Account) from available funds 5 Authorize the transfer of $8 000 00 for administrative fees from the Special Assessment District Fund (Public Improvement District 8 Fiscal Year 2009-2010 Project Account) to the Special Trust Fund contingent upon the adoption of the attached ordinance levying assessments 6 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $8 000 00 from available funds, and 7 Authorize the City Manager to execute an Agreement with Camp Bowie District, Inc. to provide management and improvement services for the Camp Bowie Corridor PID during Fiscal Year 2009-2010 for the sum of $69 975 00 DISCUSSION On December 16 2008 (M&C 16380) the City Council adopted Resolution No 3697 12 2008 re- establishing the Fort Worth Public Improvement District 8 (Camp Bowie Corridor PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2009-2010 Fiscal Logname 17PID08BENHEAR2009 Page 1 of 3 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 Camp Bowie Corridor PID's fund On August 25 2009 (M&C G-16678) 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 Camp Bowie Corridor PID in accordance with State law The improvements and services to be provided in the PID and the costs thereof are Improvements Management Fee Landscape and Maintenance Communication/Newsletters Marketing Economic Development Public Events Capital Improvements Professional Services Insurance Audit City Administrative Fee Budget Expenses Estimated Operating Reserve Total Expenses Total Budgeted Costs $69 975 00 $56 800 00 $20 000 00 $20 000 00 $165,223 00 $50 000 00 $176 000 00 $97 000 00 $4 100 00 $6 500 00 8 000.00 $673 598 00 $132,254.00 $805 852.00 The total budgeted costs of the improvements and services are $805 852 00 Of this amount, $400 000 00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0 10 cents to each $100 00 of property value for commercial property The remainder of the costs $405 852 00 will be funded by prior years assessments and revenues The Camp Bowie Corridor PID is located in COUNCIL DISTRICTS 3 and 7 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- 2010operating budget, as appropriated of the Special Assessment District Fund and the Special Trust Fund FUND CENTERS TO Fund/Account/Centers 6) 7~ FE72 481306 017587001000 7)) FE72 511010 017587001000 5)) GS87 488342 002508002000 5)) GS87 539120 002508002000 FROM Fund/Account/Centers 8 000.00 6)) GS87 539120 002508002000 8 000.00 8 000.00 8)) GS87 539120 002508002000 $69.975.00 $400,000.00 $400.000.00 Logname• 17PID08BENHEAR2009 Page 2 of 3 CERTIFICATIONS Submitted for City Manager's Office bv. 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