HomeMy WebLinkAboutOrdinance 21866-09-2015 ORDINANCE NO.21866-09-2015
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS
AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 11
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. 11 (the"District");and
WHEREAS, the District consists of the area bounded by Northeast 28th Street on the north side, the Burlington Northern
Santa Fe Railroad tracks on the east side, Northeast 23rd Street and Flores Street on the south side, and Houston Street, West
Exchange Avenue,Clinton Avenue,Finney Avenue,Northwest 25th Street, and Ellis Avenue on the west side; and
WHEREAS,the Improvements to be provided in Fiscal Year 2015-2016 and their estimated costs are as follows:
EXPENSES
Management Fee $ 13,484
Insurance $ 425
Trash Removal(all other Maintenance) $ 10,200
Website&Other Marketing $ 42,000
Public Events $ 10,000
City Administration $ 2,000
Budget Expenses $ 78,109
Estimated Operating Reserve $ 11,168
Total Expenses $ 89,277
The total budgeted costs of the improvements are$89,277.00. Of this amount, $67,420.00 will be funded by assessments collected on
privately owned parcels located in the district. The remainder of the costs, $9,000.00 will be funded by web site advertising, and
$12,857.00 will be funded by un-used prior year's assessments; and
WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of$0.12 per each$100 of
property value, as of January 1,2015 and determined by the appraisal district with jurisdiction over property in the District;
WHEREAS, the Improvements and proposed assessment roll were previously presented in a public hearing conducted by
the City Council on September 1,2015 (M&C BH-328) 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 in a public hearing conducted by
the City Council on the 15th 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
Ordinance No. 21866-09-2015
Pagel of 3
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 subject to assessment 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: $0.12 per
each$100 of value.
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.
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 S.
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 such 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.
Ordinance No.21866-09-2015
Page 2 of 3
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 J. ate
Senior Assistant City Attorney City Secret
M&C: BH-336
Adopted and Effective: September 15,2015
Ordinance No. 21866-09-2015
Page 3 of 3
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PID 11 - STOCKYARDS
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Pre ared on:Au ust 19 2014
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COPYRIGHT 2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THI:
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#11 STOCKYARDS PROPOSED BUDGET&FIVE YEAR SERVICE PLAN
FY15/16 FYI 6/17 FY17/18 FYI 8/19 FYI 9/20
REVENUES
Assessment Revenues $67,420 $67,420 $67,420 $67,420 $67,420
Prior Year Assessments 12,857 11,168 9,074 6,564 3,625
Total City Revenue $80,277 $78,588 $76,494 $73,984 $71,045
Web Site Advertising 9,000 9,000 9,000 9,000 9,000
Total Revenues $89,277 $87,588 $85,494 $82,984 $80,045
EXPENSES
Management Fee 13,484 13,889 14,305 14,734 15,176
Insurance 425 425 425 425 425
Trash Removal(all other Maintenance) 10,200 10,200 10,200 10,200 10,200
Website&Other Marketing 42,000 42,000 42,000 42,000 42,000
Public Events 10,000 10,000 10,000 10,000 10,000
City Administration 2,000 2,000 2,000 2,000 2,000
Budget Expenses $78,109 $78,514 $78,930 $79,359 $79,801
Estimated Operating Reserve 11,168 9,074 6,564 3,625 244
Total Expenses $89,277 $87,588 $85,494 $82,984 $80,045
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9115/2015 - Ordinance Nos. 21865-09-2015 & 21866-09- i
2015
DATE: Tuesday, September 15, 2015 REFERENCE NO.: BH-336
LOG NAME: 17NS PID11FY16PBH
SUBJECT:
Conduct a Public Benefit Hearing for Public Improvement District 11, Stockyards PID, Approve Proposed
2015-2016 Budget in the Amount of$89,277.00 and Five-Year Service Plan and Proposed Assessment
Roll, Adopt Ordinance Levying Special Assessments for the 2015 Tax Year in the Amount of$67,420.00,
Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Fort Worth Public
Improvement District 11 - Stockyards Fund in the Amount of$89,277.00, Authorize Transfer in the Amount
of$2,000.00 for Administrative Fees from the Fort Worth Public Improvement District 11 - Stockyards Fund
to the General Fund and Authorize Execution of an Agreement with the Fort Worth Stockyards
Preservation Foundation, Inc., to Manage the District (COUNCIL DISTRICT 2)
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 11, the Stockyards Public Improvement District for the 2015 tax year;
2. Approve the attached Stockyards Public Improvement District Budget and Five-Year Service Plan for
Fiscal Year 2015-2016;
3. Adopt the attached ordinance levying special assessments on the property located in the Stockyards
Public Improvement District, subject to assessment for the 2015 tax year;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort
Worth Public Improvement District 11 - Stockyards Fund in the amount of $89,277.00 from available
funds;
5. Authorize a transfer in the amount of $2,000.00 for administrative fees from the Fort Worth Public
Improvement District 11 - Stockyards Fund to the General Fund contingent upon the adoption of the
proposed 2015 Assessment Roll; and
6. Authorize the execution of an Agreement with the Fort Worth Stockyards Preservation Foundation,
Inc., in the amount of $13,484.00 to provide management and improvement services for the Stockyards
Public Improvement District during Fiscal Year 2015-2016.
DISCUSSION:
On February 25, 2003, the City Council adopted Resolution No. 2925 establishing Fort Worth Public
Improvement District 11 (Stockyards PID).
Logname: 17NS PID 11 FY 16PBH Pa¢e 1 of I
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 to the Fort Worth Public Improvement District 11 - Stockyards Fund.
On September 1, 2015, (M&C BH-328) the City Council conducted a public hearing to receive comments
on the proposed Fiscal Year 2015-2016 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
Stockyards 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 $13,484.00
Insurance $ 425.00
Trash Removal (All Other Maintenance) $10,200.00
Website and Other Marketing $42,000.00
Public Events $10,000.00
City Administration $ 2,000.00
Budget Expenses $78,109.00
Estimated Operating Reserve $11,168.00
Total Expenses $89,277.00
The total budgeted costs of the improvements and services are in the amount of$89,277.00. Of this
amount, $67,420.00 will be funded by assessments collected on privately owned parcels located in the
district by applying a rate of$0.12 cents to each $100.00 of property value for commercial property.
The remainder of the costs in the amount of$21,857.00 will be funded by other revenue including: the
amount of$9,000.00 from website advertising and the amount of$12,857.00 from prior year's
assessments carried forward to Fiscal Year 2015-2016.
The Stockyards PID is located in COUNCIL DISTRICT 2.
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 11 - Stockyards Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
4) 28511 4XXXXXX 019511003000 $89,277.00 5)28511 5900010 019511003000 $2,000.00
4) 28511 5XXXXXX 019511003000 $89,277.00 6)28511 5330201 019511003000 $13,484.00
5) 10100 4401001 0191000 $2,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Allison Gray (8030)
Logname: 17NS PID l 1 FY 16PBH page 9, of 3
Additional Information Contact: Scott McDonald (6203)
Logname: 17NS PID I I FY I 6PBH Paue 3 of 3