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Home My WebLink AboutOrdinance 21868-09-2015 ORDINANCE NO.21868-09-2015 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 12 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. 12(the"District"); and WHEREAS, the boundaries of the District are along the major streets of West Bonds Ranch Road on the North, Business Highway 287 North on the East,the extended Boat Club Road on the West and the City limits on the South;and WHEREAS,the Improvements to be provided in Fiscal Year 2015-2016 and their estimated costs are as follows: EXPENSES Management Fee $ 8,000 Water $ 17,000 Utilities $ 1,000 Landscape&Lakes Maintenance $ 16,000 Capital Improvements $ 3,000 Replacements $ 2,200 Insurance $ 2,900 Annual Review(Audit) $ 900 City Administration Fee $ 2,000 Estimated Operating Reserve $ 35,326 Total Expense $ 88,326 The total budgeted costs of the improvements are$88,326.00. Of this amount, $48,326.00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $40,000.00 will be funded from prior years' assessments; and WHEREAS, it is proposed that property subject to assessment in the District be assessed at a rate of$0.19 per each$100 of 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 the City Council on September 1,2015 (M&C BH-329)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 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.21868-09-2015 Page 1 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: $0.19 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 Improvements 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 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 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. 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 No.21868-09-2015 Page 2 of 3 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: Il Maleshia°B. Farmer ai&J.Kay Senior Assistant City Attorney City Secretat M&C: BH-337 Adopted and Effective: September 15,2015 Ordinance No. 21868-09-2015 Page 3 of 3 u � , i Y r 11a r �cr. � �✓� � � � i , FORTWORTH',' Chapel Hill Public Improvement District %vlwo- i 2 �y'4 �l/yl✓l'y/ � l/ yi r +9p yMAgQA F {, r i f uu f V u " V f. I�YI, P Y ni✓ �f 1 i n v V � l _,.r;;G,,.r" - I u � `l J ��i/ ��✓ 'fr p„r r 4 u� � r-, i r. r�✓ � ,% �l ��. �� %,i��/�� lflWll,�r,�';v�`', ��w �y %,✓ fin a"��r�� I rdr� I/�' � �, I rd��ri �� f Y r�lllf b !/r�',mm ✓ � fir� � f � � � r/%IP r' / r di %r� I u m , , � , l� it F 0 ti4� �r r / �rI � '3✓%�,�/f Ar'�'r�� ✓f ir� ,, � �w rr /� A/ r� /��i/Iry r r ✓ >�//� N.r r�� ;✓ � , LEGEND N PID 12 - CHAPEL HILL 0 0.225 0.45 0.9 Mlles Prepared on:Au ust 19 2014 �rrr COPYRIGHT 2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THI1c 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#12 CHAPEL HILL PROPOSED FIVE YEAR SERVICE PLAN FYI 5116 FYI 6117 FY17/18 FY18/19 FY19/20 REVENUE PID Assessments 48,326 49,776 51,270 52,810 54,395 Prior Year's Assessments 40,000 35,326 30,822 24,147 15,126 Total Revenues $ 88,326 $ 85,102 $ 82,092 $ 76,957 $ 69,521 EXPENSES Management Fee 8,000 8,000 8,000 8,000 8,000 Water 17,000 18,360 19,828 21,414 23,127 Utilities 1,000 1,080 1,167 1,261 1,361 Landscape& Lakes Maintenance 16,000 17,600 19,360 21,296 23,425 Capital Improvements 3,000 1,100 1,000 1,000 1,000 Replacements 2,200 2,200 2,400 2,400 2,400 Insurance 2,900 3,040 3,290 3,560 3,850 Annual Review(Audit) 900 900 900 900 900 City Administration Fee 2,000 2,000 2,000 2,000 2,000 Budget Expenses $ 53,000 $ 54,280 $ 57,945 $ 61,831 $ 66,063 Estimated Operating Reserve 35,326 30,822 24,147 15,126 3,458 Total Expense $ 88,326 $ 85,102 $ 82,092 $ 76,957 $ 69,521 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/15/2015 - Ordinance Nos. 21867-09-2015 & 21868-09- 2015 DATE: Tuesday, September 15, 2015 REFERENCE NO.: BH-337 LOG NAME: 17NS PID12FY16PBH SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 12, Chapel Hill PID, Approve the Proposed 2015-2016 Budget in the Amount of$88,326.00 and Five-Year Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2015 Tax Year in the Amount of $48,326.00, Adopt Appropriation Ordinance to Increase Estimated Receipts and Appropriations in the Fort Worth Public Improvement District 12— Chapel Hill Fund in the Amount of$88,326.00 and Authorize Transfer in the Amount of$2,000.00 for Administrative Fees from the Fort Worth Public Improvement District 12 —Chapel Hill Fund to the General Fund and Authorize Execution of an Agreement with RTI Community Management Associates, Inc., to Manage the District (COUNCIL DISTRICT 7) 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 12, Chapel Hill Public Improvement District, for the 2015 tax year; 2. Approve the attached Fiscal Year 2015-2016 Budget and Five-Year Service Plan for the Chapel Hill Public Improvement District; 3. Adopt the attached ordinance levying special assessments on the property located in the Chapel Hill 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 12 — Chapel Hill Fund in the amount of $88,326.00 from available funds; 5. Authorize a transfer in the amount of $2,000.00 for administrative fees from the Fort Worth Public Improvement District 12 — Chapel Hill Fund to the General Fund contingent upon the adoption of the proposed ordinance levying assessments; 6. Authorize the execution of an Agreement with RTI Community Management Associates, Inc., in the amount of $8,000.00 to provide management and improvement services for the Chapel Hill Public Improvement District during Fiscal Year 2015-2016. DISCUSSION: On March 23, 2004, the City Council adopted Resolution No. 3060 establishing Fort Worth Public Improvement District 12 (Chapel Hill PID). I -ell 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 attached appropriation ordinance allocating estimated receipts and appropriations to the Fort Worth Public Improvement District 12 — Chapel Hill Fund. On September 1, 2015, (M&C BH-329) the City Council conducted a public hearing to receive comments on the proposed 2015-2016 Fiscal Year Budget and Five-Year Service Plan. Notice of this benefit hearing was published in the newspaper and mailed to all record owners of property in the Chapel Hill 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 $ 8,000.00 Water $17,000.00 Utilities $ 1,000.00 Landscape & Lake $16,000.00 Maintenance Program Capital Improvements $ 3,000.00 Replacements $ 2,200.00 Insurance $ 2,900.00 Annual Review (Audit) $ 900.00 City Administration Fee $ 2,000.00 Budget Expenses $53,000.00 Estimated Operating Reserve $35,326.00 Total Expenses $88,326.00 The total budgeted costs of the improvements are in the amount of$88,326.00. Of this amount, $48,326.00 will be funded by assessments collected on privately owned parcels located in the District by applying a rate of$0.19 cents to each $100.00 of property value for commercial property. The remainder of the costs in the amount $40,000.00 will be funded by prior year's assessments. The Chapel Hill PID is located in COUNCIL DISTRICT 7. 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 12 - Chapel Hill. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 4)28512 4XXXXXX 019512003000 $88,326.00 5)28512 5900010 019512003000 $2,000.00 4) 28512 5XXXXXX 019512003000 $88,326.00 6)28512 5330201 019512003000 $8,000.00 5) 10100 4401001 0191000 ��0.00 CERTIFICATIONS:Submitted for City Manager's Office by: Fernando Costa (5122) ,Originating Department Head: Allison Gray /8030\ Additional Information Contact: ChodettaK8oaning (7333)