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HomeMy WebLinkAboutOrdinance 14375ORDINANCE NO. ~ 7~ ~~ 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. 6 DURING FISCAL YEAR 2000-2001; 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 unprovements and/or services (the "Improvements") shall be provided m the Fort Worth Public Improvement District No 6 during Fiscal Year 2000-2001, and WHEREAS, the District consists of an area bounded by State Highway 377 on the east; Western Center Boulevard on the south, Teal Drive, Basswood Boulevard, Silver Sage Drive, Prewett Road and North Beach Street on the west; and the North Tarrant Parkway on the north, and WHEREAS, the improvements to be provided are as follows. 1 landscaping, construction and maintenance including urigation of plantings and fencing in the district; 2. supplemental security services, 3 district management for the admuustration and operation of the district; and WHEREAS, the cost of such unprovements is as follows: Revenues From Total Assessments Cost of FY 2000-2001 Improvements (1) Maintenance and landscaping $668,770 $744,500 (2) Security Patrols 75,600 84,160 (3) City Administrative fee 10,000 10,000 (4) Operating Expenses 36,882 41,059 (5) Replacement Reserves 90,961 102,395 (6) Contingency 8,983 10,000 (7) Homeowners Assn. & Commumty Events 65,274 72,665 Total $956,470 $1,064,779 WHEREAS, the unprovements are fully described in a service, unprovement and assessment plan which was adopted by the City Council on October 3, 2000, and is on file in the office of the City Secretary; and WHEREAS, the improvements shall be provided by Principal Management Group (PMG) under a contract with the City of Fort Worth; and WHEREAS, $956,470 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, 2000, as determined by the City Council, including the value of the structures on other unprovements, with the assessment on each parcel to be determined by applying the following rates per each $100 of property value• Tyke of Property Rate Residential $0.21 Commercial $0 042 Multi-family $0 105 Nonprofit $0 021 All other property $0 021 (capped at $0.21) (20% of residential rate) (50% of residential rate) (10% of residential rate) (10% of residential rate) WHEREAS, such proposed assessment roll was approved and adopted by the City Council of the City of Fort Worth, and a tune and place was set for a hearing, and the proper notice of the trine, place and purpose of said hearing was given and said hearing was held at the tune and place fixed therefor, to-wit, on the 17t" day of October, 2000, at 10.00 a.m. in the Council Chamber in the Crty 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 2 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 m proportion to the benefits to the respective parcels of property by means of the unprovements in the District for which such assessments are levied and establish substantial justice and equality and uriformrty between all parties concerned, considering the benefits received and burdens unposed. The Crty 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 unprovements in the District and for which assessment is levied and charge made, in a sum in excess of said assessment and charge made agamst the same by this ordinance, and further fmds that the apportionment of the cost of the unprovements 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 xs m all respects valid and regular The Crty Council, from the evidence, further fmds that the values of the respective parcels of property on January 1, 2000, as shown on Exhibit "A" which is attached hereto and made a part hereof, are true and correct. SECTION 3. There shall be, and are hereby, levied and assessed agamst the parcels of property described m the attached Exhibit "A" and agamst the real and true owners thereof (whether such owners be correctly named herein or not), the sums of money itermzed in Exhibit "A" m the column titled "Annual Assessments" opposite thie description of the respective parcels of property and the several amounts assessed agamst the same, and the owners thereof, as far as such owners are known. SECTION 4. Where more than one person, firm or corporation owns an interest m any property described herein, each said person, firm or corporation shall be personally liable only for its, her or hus pro rata share of the total assessment agamst such property in proportion to its, lus or her respective interest to the total ownership such property, and its, lus 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 agamst the said parcels of property, and owners thereof, and interest thereon at the rate of ten percent (10%) per annum, 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 agamst 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 hen and claim agamst the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other hens and clauns, except state, county, school district and city ad valorem taxes. A copy of thus orduiance 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 hens hereby assessed agamst the respective parcels of property and the owners thereof. 3 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, 2001, and shall become delinquent if not paid by February 1, 2001 The enure amount assessed against each parcel of property shall bear interest, from and after February 1, 2001 at the rate often percent (10%) per annum 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 Crty relating to said inprovements 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 discrinination. 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 is, 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 may be incorrectly named. 4 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 ordmance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opuuon or judgment shall in no way impau• 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 13950 and all other ordinances and appropriations amending the same except m those instances where the provisions of this ordmance are in direct conflict with such other ordinances and appropriations, inwhich 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 Ci y Attorney Date• ~ ~ ® U /D~-~7-DD Adopted ! D ~7`0~ Effective 5 City of Fort Worth, Texas ~11~Ayar And C,aunc~l ~amn~tun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 10/17/00 BH-196 136H-PID6 1 of 2 SUBJECT ADOPTION OF APPROPRIATION ORDINANCE AND BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 6 (PARK GLEN RESIDENTIAL AREA) AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2000-2001 RECOMMENDATION It is recommended that the City Council take the following actions regarding the Fort Worth Public Improvement District No 6 (P1D No 6) 1 Hold a benefit hearing concerning the proposed property assessments for FY2000-2001, on October 17, 2000; and 2. Close the benefit hearing, and 3 Adopt the attached ordinance which levies the proposed assessments, and 4 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $956,470 in the Special Assessment District Fund from available funds DISCUSSION On October 3, 2000 (M&C G-13020), the City Council directed that certain improvements and/or services shall be provided in PID No 6 during Fiscal Year 2000-2001 It also adopted the proposed assessment roll and provided notice of this benefit hearing The improvements to be provided and the costs thereof are as follows TOTAL COST TO BE ASSESSED Maintenance and Landscaping $ 744,500 $668,770 Security Patrols $ 84,160 $ 75,600 City Administration Fee $ 10,000 $ 10,000 Operating Expenses $ 41,059 $ 36,882 Replacement Reserves $ 102,395 $ 90,961 Contingency $ 10,000 $ 8,983 Homeowners Assn & Community Events $ 72,665 65 274 TOTAL $1,064,779 $956,470 The $108,309 difference between total costs and assessments reflects a direct reimbursement from the City of Fort Worth for park maintenance, which was appropriated from the General Fund by City Council action on October 3, 2000, (M&C G-13020) All costs of improvements shall be assessed against private property located in the district and the owners of the property The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel City of wort Worth, Texas ~r~ar And ~aunc~l C,ar»trtun~cAt~an n~ DATE REFERENCE NUMBER LOG NAME PAGE 10/17/00 BH-196 13BH-PID6 2 of 2 SUBJECT ADOPTION OF APPROPRIATION ORDINANCE AND BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 6 (PARK GLEN RESIDENTIAL AREA AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2000-2001 Based on the appraised value of the property, and considering the benefits to be received from the proposed improvements, it is the opinion of City staff that each parcel of property will be enhanced in value by an amount equal to, or more than, the proposed assessments upon completion of the improvements in accordance with the PID No 6 management contract between the City and Principal Management Group FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Special Assessment District Fund CBj Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GS87 488342 002600000000 $956,470.00 q~p~pV.~p Charles Boswell 8511 GS87 539120 002600000000 $956,470.00 CITY COI~NCIL Originating Department Head: ~- ~ + 17 2000 Jim Keyes 8517 (from) l ~a~~~J ~ Additional Information Contact: ~~ h Cit ]S t f t g q ecre ary o City of Fort Worts, Tuxes Linda Brown 6030 AcSapte~ Qrdir~an~ ~~a l~ Adat~t~d Q~~icta~ ~~~~,~~`