HomeMy WebLinkAboutOrdinance 21872-09-2015 ORDINANCE N . 21872-09-2015
AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS
AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT N . 15
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. 15 (the"District"); and
WHEREAS, the District comprises approximately 132.20 acres of land bounded by David Strickland Road on the north,
area to the south of and along Mosson Road, area to the west of and along Marie Jones Road, and east by Interstate Highway East
Loop 820 South, excluding certain small tracts of tax-exempt, City-owned and property used for residential purposes within the
District's boundaries; and
WHEREAS,the Improvements to be provided in Fiscal Year 2015-2016 and their estimated costs are as follows:
EXPENSES
Security Patrol Services $ 67,000.00
Security Patrol Services- Vehicle Fuel, R&M, & Insurance $ 3,000.00
Management Costs $ 6,270.00
Website Development $ 400.00
Insurance $ 500.00
Administrative Costs-Audit/Accounting $ 1,500.00
City Administrative Fee $ 2,000.00
Budgeted Expenses $ 80,670.00
Estimated Operating Reserve $ 28,855.00
Total Expenses $ 109,525.00
The total budgeted costs of the improvements are$109,525.00. Of this amount, $73,622.00 will be funded by assessments collected
on property subject to assessment in the District. The remainder of the costs, $35,903.00 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$0.27 for 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
the City Council on September 1, 2015 (M&C BH-331)and have been on file in the office of the City Secretary for public inspection;
and
WHEREAS, the Improvements and proposed assessment roll was once again heard by the City Council 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.
Ordinance No.21872-09-2015
Page 1 of 3
SECTION 2.
The City Council, from all evidence before it, including all information provided to bond considered in the Public Hearing,
finds that the uxxoxxmento 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 xubx/undoi|y in proportion to the
benefits /o 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 coucecne6, considering the benefits cocoivo6 and burdens
imposed. The City Council further finds that in each case the property assessed is specially benefited in cu6uuce6 value /o the said
property by means of the Improvements in the District and for which assessment is levied and charge mu6o, and further finds that the
apportionment o[the cost o[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.
Tbccc shall be, and are hereby, levied and ussoxae6 against the pmzc|o of property subject to assessment in the District and
against the real and true ovvuccs thereof(whether such owners be correctly named herein or not), the sums of money itemized per
parcel o[property, and the owners thereof, as far as such ovvuccs are known, at the following rate and method of payment: $0.27 per
each$|O0o[value.
SECTION 4.
Where more than one person oc entity owns on iu/crcs/ in any property described herein, each such person oc entity shall bc
personally |iub|c only for its, her or his pro oou share of the total assessment against such property in proportion to i/s, 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 ofu 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 rouc prescribed by Chapter 372, Texas Local Government Code (the Public Improvement District Assessment
&ct). together with reasonable attorney's fees and cost o[collection, i[incurred, are hereby declared tube and are made a lien upon
the respective parcels o[property against vv6ic6 the same are usscsscd, and opecsonu| liability and charge against the ceu| and true
owners of such property, whether such owners be correctly named 6crcln or not, and such liens ubuU be and constitute the first
euK/ocub|e lien and claim uguins//be property on which such assessments are |cvlcd, and shall be u first and paramount lien thereon,
superior to all other liens and cluims, czccp/ stutc, cnuuty, school district and city ad valorem /uzux. & copy of this ordinance may be
filed with the County Clerk o[Tarrant County, Tczux. and when so filed shall constitute complete and adequate legal notice tothe
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 3 1, 2016, and shall become delinquent if not paid by February l, 2Ol6. 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 ud valorem tax until paid.
SECTION h.
If default x6o|| be mo6c in the payment of any assessments, collection thereof shall be cnKzcccd by suit in any court of
competent jurisdiction, and said City shall exercise all of its |uvv[u| powers to aid in the enforcement and collection of said
assessments.
SECTION 7.
The total amount assessed against the respective poccc|x 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 /o 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 pov/cc/o make and levy reassessments and to correct mistakes,cnrocx, iuvu\idkicx or irregularities in the uaxcuxmcn/x occ.
Ordinance No. 2|872-09-20|5
Page 2o[3
bn accordance with the law in kroc in this City, vested in the City.
SECTION 10.
In any suit upon any assessment orreassessment, it shall be sufficient to allege the substance o[the provision recited in this
ordinance and that such recitals are in but truc, and further allegations with reference 0othe proceedings relating to such assessment
and reassessment yhuO not be necessary.
SECTION IL
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 orjudgmcn1 shall in no vvuy impair the remaining portions, scotions, or parts of
sections of this Ordinance, which shall remain in full force and effect.
SECTION 12.
This Ordinance sba|l be cmou|o1ivc 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 upproprluuions, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly opcu|oJ.
SECTION 13.
This Ordinance shall take effect and be in full force and effect from and after the date of its passage.
AND IT I8 SO ORDAINED.
APPROVED AS FORM AND LEGALITY: ATTEST:
Senior Assistant City Attorney City xecrcturyo' �
M&C: T0B-3L32
Adopted and Effective:
Ordinance No. 2|872-O9-20|5
Page 3o[3
FORTWORTH. Sun Valley Ii Improvement District
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PID 15 ® SUN VALLEY
Prepajed rare: AU ush 1�-� 201
OOPYRI HT 2014 CITY OF FORT ORT"I®I. UNAUTHORIZED I REPRODUCTION IS A=1 ATION OF APPLICABLE LAWS, TTHIa
PRODUCT IS FOR INFORMATIONAL TONAL PURPOSE AND MAY NOT HAVE BEEN PREPARED ED FOR OR RR SUITABLE FOR LEGAI
ENGINEERING, OR SURVEYING N"'URPOF .IT DOES O ESENTAN ON-THE-G)ROUND SURVEY A D PRESENTS
T
ONLY THE APPROXIMATE RELATIVE LOCATION OF FR �� OJN�ARIF THE CITY OF FORT WORTH ASSUMES
NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA.
City of Fort Worth
PID#15 SUN VALLEY PROPOSED FIVE YEAR SERVICE PLAN
FY 2015/16 FY 2016/17 FY 2017/18 FY 2019/19 FY 2019/20
Revenues
PID Assessment 73,622 75,095 77,347 80,441 84,463
Holdover of Prior Years'Operating Revenue 35,902 28,855 19,379 10,157 3,978
Total Revenue 109,525 103,949 96,727 90,598 88,441
Expenses
Security Patrol Services-Contract,Wages,&Taxes 67,000 71,000 73,000 73,000 74,000
Security Patrol Services-Vehicle,Fuel,R&M,Insurance 3,000 3,000 3,000 3,000 3,500
Management Costs 6,270 6,270 6,270 6,270 6,270
Insurance 500 500 500 500 500
Administrative Costs-Audit/Accounting 1,500 1,500 1,500 1,500 1,500
City Administration Fee 2,000 2,000 2,000 2,000 2,000
Website Development 400 300 300 350 400
Budgeted Expenses 80,670 84,570 86,570 86,620 88,170
Estimated Operating Reserve 28,855 19,379 10,157 3,978 271
Total Expenses 109,525 103,949 96,727 90,598 88,441
DATE: 9/15/2015 REFERENCE NO.: BH-33Q LOG NAME: 17NSP|[}15FY10PBH
CODE: 'BH T�p�' NON- �D��U(�
' YES
CONSENT HEARING:
SUBJECT: Conduct Public Benefit Hearing for Public Improvement District 15, Sun Vo/kev P/[}
Concerning the Proposed 2015-2U18 Budget in the Annountof$1UQ.525.UUan Five-Year
Service Plan and Proposed Assessment Roll, Adopt Ordinance Levying Special
Assessments for the 2U15 Tax Year in the Amount nf$73.O22OO. Adopt Appropriation
Ordinance to Increase Estimated Receipts and Appropriations in the Fort Worth Public
Improvement District 15—Sun Valley Fund in the Amount of$1O9.525.00$&0474.4)V] and
Authorize Transfer in the Amount of$2,000.00 for Administrative Fees from the Fort Worth
Public Improvement District 15 —Sun Valley Fund to the General Fund and Authorize
Execution of an Agreement with ORA8/ [)ems|npnnent' LLO. to Manage the District
(COUNCIL DISTRICT 5)
RECOMMENDATION:
|tka recommended that the City Council:
1. Conduct a public benefit hearing concerning the proposed special assessments on the property located
in Public Improvement District 15. Sun Valley P|[}. for the 3O15 tax year;
2. Approve the attached 2015-2016 Fiscal Year Budget and Five-Year Service Plan for the Sun Valley
Public Improvement District;
3. Adopt the attached ordinance levying special assessments on the property located in the Sun Valley
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 15 —Sun Valley Fund in the amount of $109,525 00$9A,674,Wfrnnn
available funds;
5. Authorize a transfer in the amount of$2,000.00 for administrative fees from the Fort Worth Public
improvement District 15—Sun Valley Fund to the General Fund contingent upon the adoption of the
proposed ordinance levying assessments; and
O. Authorize the execution of an Agreement with ORA8| Development, LLC, in the amount of$6,270.00 to
provide management and improvement services for the Sun Valley Public Improvement District during Fi000|
Year 2015-2016.
DISCUSSION:
On August 21. 2U12. (K8&CG-17054) the City Council adopted Resolution No. 412U-U8-2U12establishing
Fort Worth Public Improvement District 15 (Sun Valley P|[).
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 P|[) and the proposed assessments tnbe levied oneach
property in the P|[)for the 2U15 tax year. Following the public hearing, itis 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 15—Sun Valley Fund.
On September 1' 2015. (M&CBH-331) the C�Coun�| mn��� apu�� h�h� � ���a �m0e� on
the proposed ��unValley H[} and the 2O15-2O'O Fiscal Year Budget and Five-Year Service Plan for the
pvoposeUP/[>. Notice of this benefit hearing was published in the newspaper and mailed to all record
owners of property in the Sun Valley P|D' 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 fOU0vvs:
Improvements Total Budgeted
Costs
Management Fee (4dnnin ) $ 6.270.00
SecuritvPot[o/ S8n/ic�s (VVaygs. Ta�en
' ` ' $O7ODOOO
Worker's Compensation) ' �
Security Patrol Services /V�h/u|e Fuel,' $ 3OOOOO
Rep|gceDlent & K4ointenanne. Insurance) ' �
Audit/Accounting $ 1.500.00
City Administrative Fee $ 2'000.00
VVebsiteDeve/opolent $ 400.00
Insurance $ 500.00
Budget Expenses $80,670.00
Estimated Operating Reserve $28.855.00
Total Expenses $109'525'00
The total budgeted costs of the improvements are jnthe amount mf$1OQ.525-OO. Of this amount, $73.022.00
will be funded by assessments collected on privately owned parcels located in the district by levying special
assessments at a rate of$0.27 to each $100.00 of property value. The remainder of the costs in the amount
of$35.QO2.00 will be funded from the prior year' s assessments.
The Sun Valley P/[) is located in COUNCIL DISTRICT 5.
FISCAL '
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 15 —Sun Valley Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
4} ��
28515 4XXXXXX 019515012000 �0���� ��0��
41 8>
28515 5XXXXXX 019515012000 28515�8��i� ��YD0
Q10100 440.1001 ��X8�
Fernando Costa (8122)
Originating Department Head: Allison Gray (8O3O)
Additional Information Contact: Charletta Moaning (7333)
ATTACHMENTS
PID-15 Sun Valley mar)Lpdf