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HomeMy WebLinkAboutOrdinance 21585-09-2015 ORDINANCE NO.21858-09-2015 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 2015-16; 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. 1 (the"District"); and WHEREAS,the boundaries of the District are the area bounded by the Burlington Northern Santa Fe RR Tracks on the east Weatherford Sheet, 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 Trinity 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 District parking lot,south along the west boundary of the Tarrant County College District 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 to be provided in Fiscal Year 2015-2016 and their estimated costs are as follows: Expenses Management Fee(Admin.) 270,750 Water 13,000 Utilities 12,500 Landscape/Tree Maintenance 123,986 Trash Removal(&all Maintenance) 1,157,390 Holiday Lighting/Decor. 40,000 Security Patrols 67,125 Communications(Newsletter) 5,000 Marketing(&Research) 396,507 Transportation&Planning 197,038 Insurance 4,700 Annual review(Audit) 15,000 City Administrative Fee 42,602 Estimated Operating Reserve 625,053 Total Expenses $2,970,651 The total budgeted costs of the improvements are $2,970,651.00. Of this amount, $1,837,000.00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $1,133,651.00, will be funded by other revenue sources, including: • $200,000 in a direct payment from the City for payment in lieu 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 15,2015; • $141,300 in 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 15,2015; • $124,696 in revenues generated by District activities; and • $667,655 from prior years' assessments. WHEREAS, it is proposed that property in the District subject to assessment be assessed at a rate of$0.10 per each$100 of property value,as of January 1,2015 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 Ordinance No.21858-09-2015 Page 1 of 3 the City Council on September 1,2015 (M&C 131-1-324)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 presented to the City Council in a public hearing conducted on the 15`h day of September,2015, 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 and 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 1,2015,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: $0.10 per each $100 of value for property subject to assessment. 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 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, 2016, and shall become delinquent if not paid by February 1, 2016. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2016 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. Ordinance No.21858-09-2015 Page 2 of 3 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 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,invalidities 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. 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: ATTEST: .., r Maleshia B.Farmer Mary J.K Senior Assistant City Attorney City Secr , y M&C: BH-332 Adopted and Effective: September 15,2015 Ordinance No. 21858-09-2015 Page 3 of 3 fy Downtown Public Improvement District r J A 2 I— z h rydry r f � d 8 � ti ,l i y i I r r r/ i J � Ib ri i'iu 'N ° J rl r 3 1 � s � /rG i � � J D ✓ �� tiw l . ; � % YI s4 W �f �J k�5 G,-°�,PG w�/ /�R _ 1."". ,., ,�N ,._.,B IH ✓ � � � � J. � 11 mt r�„J fps' 30 35W SB M , � IH .0 1dAW'ffish,M r ,n i 3� J LEGEND PID 1 - DOWNTOWN 1�T 0 0.125 0.25 0.5 Miles Pre ared o J u t 014 P COPYRIGHT 2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIIE 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 PID#1 DOWNTOWN PROPOSED BUDGET& FIVE YEAR SERVICE PLAN FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 REVENUES PID Assessments 1,837,000 1,873,740 1,911,215 1,949,439 1,988,428 COFW Assessments 200,000 204,000 208,080 212,242 216,486 City Payment in-lieu of Ser. 141,300 144,126 147,009 149,949 152,948 PID Generated Revenue 124,696 127,190 129,734 132,328 134,975 Prior Year's Assessment 667,656 625,053 628,118 659,822 704,572 Total Revenues: $ 2,970,652 $ 2,974,109 $ 3,024,155 $ 3,103,780 $ 3,197,409 EXPENSES Management Fee(Admin.) 270,750 284,288 297,080 306,395 312,523 Water 13,000 13,000 13,000 13,000 13,000 Utilities 12,500 12,500 12,500 12,500 12,500 Landscape/Tree Maint. 123,986 100,123 100,123 100,123 100,123 Trash Removal(&All Maint.) 1,157,390 1,180,538 1,215,000 1,236,601 1,253,884 Fence Maintenance - - - - - Holiday Lighting/Decor. 40,000 47,000 59,672 60,840 52,869 Security Patrols 67,125 79,225 29,225 29,225 29,225 Communications(Newsletter) 5,000 5,000 5,000 5,000 5,000 Marketing(&Research) 396,507 352,857 360,000 362,664 369,917 Transportation&Planning 197,038 202,913 202,913 202,913 202,913 Public Events - - - - - Capital Improvements - 5,000 5,000 5,000 5,000 Replacements - - - - - Insurance 4,700 4,794 4,890 4,988 5,087 Annual review(Audit) 15,000 15,300 15,606 14,750 15,045 City Administrative Fee 42,602 43,454 44,323 45,210 46,114 Budget Expenses: $ 2,345,598 $ 2,345,991 $ 2,364,332 $ 2,399,208 $ 2,377,087 Estimated Operating Reserve 625,053 628,118 659,822 704,572 820,322 Total Expenses $ 2,970,651 $ 2,974,109 $ 3,024,155 $ 3,103,780 $ 3,197,409 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9115/2015 - Ordinance Nos. 21857-09-2015 & 21858-09- 2015 DATE: Tuesday, September 15, 2015 REFERENCE NO.: BH-332 LOG NAME: 17NS PlDlFY16PBH SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 1, Downtown PID, Approve Proposed 2015-2016 Budget in the Amount of$2,970,651.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2015 Tax Year in the Amount of $1,837,000.00, Authorize Transfer in the Amount of$141,300.00 from the Fort Worth Public Improvement District 1 - Downtown Fund for the City's Payment in Lieu of Services, Authorize Transfer in the Amount of $200,000.00 from the General Fund to the Fort Worth Public Improvement District 1 - Downtown Fund for the City's Payment in Lieu of Assessment, Adopt Appropriation Ordinances to Increase Estimated Receipts and Appropriations in the Fort Worth Public Improvement District 1 - Downtown Fund in the Amount of $2,970,651.00 and Authorize Transfer in the Amount of$42,602.00 for Administrative Fees from the Fort Worth Public Improvement District 1 - Downtown Fund and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., to Manage the District (COUNCIL DISTRICT 9) 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 1, Downtown Public Improvement District for the 2015 tax year; 2. Approve the attached 2015-2016 Fiscal Year Budget and Five-Year Service Plan for the Downtown Public Improvement District; 3. Adopt the attached ordinance levying special assessments on the property located in the Downtown Public Improvement District for the 2015 tax year; 4. Authorize a transfer in the amount of $141,300.00 from the General Fund to the Fort Worth Public Improvement District 1 - Downtown Fund for the City's Payment In-Lieu of Services; 5. Authorize a transfer in the amount of $200,000.00 from the General Fund to the Fort Worth Public Improvement District 1 - Downtown Fund for the City's Payment In-Lieu of Assessments; 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 1 - Downtown Fund in the amount of$2,970,651.00 from available funds; 7. Authorize a transfer in the amount of $42,602.00 for administrative fees from the Fort Worth Public Improvement District 1 - Downtown Fund to the General Fund contingent upon the adoption of the proposed 2015 Assessment Roll; and 8. Authorize the execution of an Agreement with Downtown Fort Worth, Inc., in the amount of $270,750.00 to provide management and improvement services for the Downtown Public Improvement District during Fiscal Year 2015-2016. DISCUSSION: On June 23, 2009, (M&C C-23627) the City Council adopted Resolution No. 3756-06-2009 re-establishing Fort Worth Public Improvement District 1 (Downtown PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2015-2016 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 2015 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 appropriation ordinance allocating estimated receipts and appropriations to the Fort Worth Public Improvement District 1- Downtown Fund. On September 1, 2015, (M&C BH-324) the City Council conducted a public hearing to receive comments on the proposed 2015-2016 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 2015-2016 Fiscal Year and the costs thereof are as follows: improvements Total Budgeted Costs Management Fee (Admin.) �— $ 270,750.00 Water �s $ 13,000.00 Utilities $ 121500.00 Landscape/Tree Maintenance $ 123,986.00 Trash Removal (other ( $1,157,390.00 Maintenance) Holiday Lighting/Decor $ 40,000.00 Security Patrols $ 67,125.00 Communications/Newsletters $ 5,000.00 Marketing (and Research) $ 396,507.00 Transportation and Planning $ 197,038.00 Insurance $ —4,700.00 Annual review (Audit) $ 15,000.00 A City Administrative Fee ' F $ 42,602.00 Budget Expenses $2,345,598.00 Estimated Operating Reserve $ 625,053.00 Total Expenses $2,970,651.00 The total budgeted costs of the improvements are in the amount of $2,970,651.00. Of this amount, r n _r11 $1,837,000.00 will be funded by assessments collected on privately owned parcels located in the PID by applying a rate of $0.10 cents to each $100.00 of property value. The remainder of the costs in the amount of $1,133,651.00 will be funded by other revenue sources including: the amount of $200,000.00 in direct payments from the City for Payment In-Lieu of Assessments, the amount of$141,300.00 in direct payments from the City for Payment In-Lieu of Services, the amount of $124,696.00 in revenues generated by PID activities and the amount of$667,655.00 from prior year's 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 and the adoption of the Fiscal Year 2015-2016 Budget by the City Council to include the above recommended item(s), funds will be available in the Fiscal Year 2016 operating budgets, as appropriated, of the Fort Worth Public Improvement District 1 - Downtown Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 4) 5) 28501 4910100 019501002000 $341,300.00 4) 5) 10100 5330201 0801000 $341,300.00 6)28501 4XXXXXX 019501002000 $2,970,651.00 7) 28501 5900010 019501002000 $42,602.00 6) 28501 5XXXXXX 019501002000 $2,970,651.00 7) 10100 4401001 0191000 $42,602.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Allison Gray (8030) Additional Information Contact: Charletta Moaning (7333)