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HomeMy WebLinkAboutOrdinance 16589-09-2005ORDINANCE NO.' (059-09-~~ AN ORDINANCE CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 7 DURING FISCAL YEAR 2005-06; 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 andJor services (the "Improvements") shall be provided in the Fort Worth Public Improvement District No.7 during Fiscal Year 2005-06; and WHEREAS, the boundaries of the improvement district are Wall-Price Keller Road and Alta Road on the north; Shiver Road to North Beach Street passing through the Park Green Belt on the south; Park Vista Boulevard at Shiver Road to Wall-Price Keller Road on the east; and North Riverside Drive on the west. WHEREAS, the improvements to be provided are as follows: 1. landscaping, construction and maintenance including irrigation of plantings and fencing in the district; 2. district management for the administration and operation of the district; 3. city administration fee; and WHEREAS, the cost of such improvements is as follows: Total Budgeted Cost 1) Grounds maintenance $654,425 2) Operations 50,833 3) City Administration Fee 9,829 $715,087 The total budgeted costs of the improvements are $715,087. Of this amount, $491,440 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs, $223,647 will be funded by other revenue sources, including: • $46,352 in a direct payment from the City for payment in lieu of services, which was appropriated from the General Fund balance by City Council action on August 23, 2005 (M&C G-14894); • $24,000 from districts Builder Assessment of $200 per lot; and • $153,295 paid by the Hillwood Subsidy WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on August 23, 2005 (M&C G-14894), and is on file in the office of the City Secretary; and WHEREAS, the improvements shall be provided by Premier Communities under a contract with the City of Fort Worth; and WHEREAS, $491,440 of the cost of the improvements shall be assessed against property located in the District and the owners of property, and the balance of the difference between the amount to be assessed and the total cost of the project will be paid by a direct payment from the City of Fort Worth for park maintenance; and WHEREAS, the assessments shall be based on the value of each parcel on January 1, 2005, as determined by the City Council, including the value of the structures on other improvements, with the assessment on each parcel to be determined by applying no more than $0.21 rate per each $100 of residential property value and $0.11 rate per each $100 of commercial 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 hearing, and the proper notice of the time, place and purpose of said hearing was given and said hearing was held at the time and place fixed therefore, to-wit, on the 13th day of September, 2005, at 7:00 p.m. in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing various protests and objections were made, and all desiring 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 hearing 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 hearing 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 levied 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 said improvements in the District and for which assessment is levied and charge made, in 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 in accordance with the law in force in 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 fmds that the values of the respective parcels of property on January 1, 2005, 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 in 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 in such property maybe 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 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 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 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 as follows, to-wit: The assessments shall be payable on or before January 31, 2006, and shall become delinquent if not paid by February 1, 2006. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2006 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 relating to said improvements and assessments thereof and is less than the proportion of the cost allowed and permitted by the law in force in the City. SECTION 8. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts herein stated, the City 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 in 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. SECTION 9. Full power to make and levy reassessments and to correct mistakes, errors, invalidates or irregularities in the assessments are, in accordance with the law in force in this City, vested in 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 maybe incorrectly named. SECTION 11. 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 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 impavr the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 14. That this ordinance shall be cumulative of Ordinance No. 15673 and 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 15. 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: Assistant City A orn y Date: 5e~-~be.r 13,'~os Adopted 5~.~te,r,b~ ~~ Effective 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 9/13/2005 Ordinance No 16589-09-2005 ~ Ordinance No 16590-09-2005 ®~ DATE Tuesday September 13 2005 LOG NAME 13PID7BEN05-06 REFERENCE NO BH 221 SUBJECT Benefit Hearing for Fort Worth Public Improvement District Number 7 (Heritage) Concerning Proposed Property Assessments Adoption of Ordinance Levying Assessments for Fiscal Year 2005-06 and Adoption of Appropriation Ordinance Allocating Estimated Receipts to the District RECOMMENDATION It is recommended that the City Council 1 Hold a benefit hearing concerning the proposed property assessments for Fort Worth Public Improvement District (PID 7) for Fiscal Year 2005-06 2. Adopt the attached ordinance which levies the proposed assessments for PID 7 for Fiscal Year 2005- 06 and 3 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $491 440 00 in the Special Assessment District Fund PID 7 Project account from available funds. DISCUSSION The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2005- 06 proposed assessments to be levied on each property in PID 7 to adopt an ordinance levying the proposed assessments and to adopt an appropriation ordinance allocating estimated receipts to the District. On August 23 2005 (M&C G-14894) the City Council approved the .Fiscal Year 2005-06 budget and five- year service plan directed that certain improvements and/or services be provided in PID 7 during the Fiscal Year 2005-06 adopted the proposed 2005 assessment roll and provided notice of this benefit hearing The improvements and services to be provided and the costs thereof are Improvements 1) Grounds Maintenance 2) Operations 3) City Administration Fee Tota I Total Budgeted Costs $654 425 00 $50 833 00 9 829.00 $715,087.00 The total budgeted costs of the improvements are $715 087 00 Of this amount, $491 440 00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0 21 cents to each $100 00 of property value for residential property and $0 11 cents for commercial Logname• 13PID7BEN05-06 Page 1 of 2 property The remainder of the costs $223 647 00 will be funded by other revenue sources, including $46 352.00 in a direct payment from the City for payment in lieu of services, which was appropriated from the General Fund balance by City Council action on August 23 2005 (M&C G-14894) $24 000 00 from the district's Builder Assessment of $200 00 per lot; and $153,295 00 paid by the Hillwood Subsidy Based on the appraised value of the property and considering the benefits to be received from the proposed improvements, it is the opinion of the City staff that an amount equal to or more than the proposed assessments, upon completion of the improvements in accordance with the contract, will enhance each parcel of property in value PID 7 is commonly known as the 'Heritage PID and is located in COUNCIL DISTRICT 2 A map is attached FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon adoption of the attached ordinances, funds required for this expenditure will be available in the Fiscal Year 2005-06 operating budget, as appropriated of the Special Assessment District Fund TO Fund/AccountlCenters FROM Fund/Account/Centers GS87 488342 002507002000 $491,440.00 GS87 539120 002507002000 $491,440.00 Submitted for City Manager's Office b~ Richard Zavala (Acting) (6222) Originating Department Head. Jim Keyes (8517) Additional Information Contact: Jenny Townsend (6030) Logname 13PID7BEN05-06 Page 2 of 2