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HomeMy WebLinkAboutOrdinance 13928ORDINANCE NO AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL ASSESSMENT DISTRICT FUND IN THE AMOUNT OF $234,985 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING THE PUBLIC IIMPROVEMENT DISTRICT NO 1 BUDGET FOR FY 1999-00, PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS. SECTION 1. That in addition to those amounts allocated to the various City departments for the Fiscal Year 1998/99 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Special Assessment District Fund in the amount of $234,985 from available funds for the purpose of funding the Public Improvement District No 1 budget for FY 1999-00 SECTION 2. 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 said remaining provisions shall be and remain in full force and effect. SECTION 3 That this ordinance shall be cumulative of Ordinance No. 13540 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in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.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 4. 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 ~i~:c:~ Assistant City Attorney - ~- 7 `~ Date ~`- ~ - ~ g Adopted `~_ ~"I Effective ~~.., y, ~'i ~. A Resolution ~~ . a5~3 WHEREAS, on August 3, 1999, the City Council of the City of Fort Worth received a petition for the reestablishment of the Fort Worth Public Improvement District No 1, and WHEREAS, on August 17, 1999, the City Council found and determined that such petition included sufficient signatures and met other requirements of Sections 372 002 and 372 005 of the Public Improvement District Assessment Act, (V T C A , Texas Local Government Code, Section 372 001 et seq) (the "Act"), and WHEREAS, the City Secretary of the City of Fort Worth gave written notice and notice by publication that a public hearing would be held by the City Council on September 7, 1999, at 7 00 p m , and m accordance with Section 372 009 of the Act, and WHEREAS, the City Council held such public hearing at its regular, open, public meeting on September 7, 1999, at 7 00 p m and closed the hearing on the same day, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1 The City Council after duly considering the evidence and testimony presented at such public hearing, hereby makes the following findings (a) It is advisable to reestablish a public improvement district under Chapter 372, Local Government Code which District shall be known as the Fort Worth Public Improvement District No 1 ("the District") (b) It is advisable to authorize the City of Fort Worth to exercise the powers granted by the Act, in connection with the reestablishment of the District, including the undertaking of improvement projects and/or services that confer a special benefit on property in the District and the levying and collection of special assessments on property in the District, based on the benefit conferred by the improvement project and/or services, to pay the costs of such project and/or services (c) It is advisable for improvements and/or services to be undertaken and provided by the District (d) The general nature of the improvements and/or services of the District shall include (:l'1'Y OF FORT WORTH (1) an improvement Distract maintenance and landscaping ro ram consisting of supplemental street sweeping, sidewalk cleaning, bus shelter cleaning, planting and landscape maintenance, streetscape improvements, and trash receptacle pickup (2) an improvement Distract promotions pro ram consisting of recreational and cultural enhancements and activrhes, promotional program, and the staging or monrtorang of special recreational and cultural events. (3) an improvement Distract marketing program consisting of an advertising and marketing campaign to promote the use of the District by three pramary populations. downtown workers, visitors, Fort Worth and Tarrant County residents. (4) an improvement Distract securat~nrogram consisting of a public relation's crame prevention campaign, a pravate securaty force coordination campaign, a parking garage and parking lot securaty program. (5) an improvement Distract transportation and parking program consisting of a campaign to promote FWTA bus service and radesharang; the development of a plan concerning better utilization of short- term parking facilities, and the improvement of traffic signs. (6) an improvement Distract mana eg ment program to provide for the establishment, administration and operation of the Distract activities and programs. Such improvement and/or services will be a supplement to the standard existing level of city improvements and/or services and will constitute an added increment to the improvements and/or services currently provided by City of Fort Worth to taxpayers generally Durang the five-year term of the Distract, the Crty will continue to furnish or pay for the standard services m the Distract at the same level as they would be provided for the taxpayers generally (e) A preliminary estimate of the cost of the improvements and/or services of the Distract durang the first year of operation (FY 1999-00) is (1) Maintenance and landscaping program $543,924 (2) Promotions program 46,950 (3) Marketing program 67,500 (4) Securaty program 23,165 (5) Transportation and parking program 89,642 (6) Management program 208.813 $979,994 2 CITY OF FORT WORTH The cost of such improvements and/or services in subsequent years will be determined in accordance with the service plan adopted by the City Council. (f) The boundaries of the District shall be. The area bounded by Jones Street on the east; Lancaster Avenue on the south, Texas Street, Macon Street, Fifth Street, Fourth Street, Burnett Street, Belknap Street and Taylor Street on the west; and the Trinity River and the East 100 and East 200 blocks of Bluff Street on the north. Such area is more particularly shown on a map, which is on file m the Office of the City Secretary of the City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas, and is made a part hereof by reference. (g) The method of assessment shall be: (1) A service plan shall be approved and adopted by the City Council for a period of not less than five years. The plan will be reviewed and updated annually by the Crty Council to determine the annual budget for improvements and/or special supplemental services within the District. (2) The cost of an improvement and/or special supplemental service will be assessed against real property within the District according to the value of such property as determined by the Crty Council, mcludmg the value of structures or other improvements on the property (3) During the five-year term of the Distract, the annual assessments against real .property m the Distract will not exceed an amount equal to 14 0 cents per $100 of the value of such property as determined by the City Council, mcludmg the value of structures or other improvements on the property be (h) The apportionment of costs between the Distract and the Crty as a whole shall (1) All of the costs of an improvement and/or service will be paid by special assessments against real property and structures or other improvements thereon in the District. (2) The City of Fort Worth will be responsible for the payment of assessments on exempt City-owned real property and structures or other improvements thereon m the Distract. The payment of assessments, if any, on property owned by other exempt jurisdictions will be established by contract. The Crty as a whole will continue to provide the standard improvements and services to the District as referred tom 1(d) above. If rt does not, a mutually CITY OF FORT WORTH agreed upon amount for discontinued services will be paid to the contractor so the contractor can have the work done. (3) The Crty Council of the City of Fort Worth shall be authorized to establish by ordinance reasonable classifications, formulas and methods for assessing. special benefits for various classes of improvements and/or services. (4) The probable maximum benefits to be conferred on each tract in the Distract because of the improvements and/or services will be greater than the amount of the assessment against such tract and the owners thereof. (i) The Distract will exist for five years immediately following adoption of this Resolution unless property owners in the District petition the Crty Council for reestablishment of the District, or unless the District is sooner terminated as provided by law (j) The area to be assessed may not include any property not within the area described m paragraph 1(f) unless there is an additional hearing pursuant to Section 372 009 of the Act, preceded by the required notice. 2 The Fort Worth Public Improvement District No 1 is authorized to be and is hereby reestablished as a public improvement District under Chapter 372, Texas Local Government Code, m accordance with the above findings as to the advisability of the improvements and/or services. The District will be subject to all conditions, limitations and reservations contained m such findings. 3 The City Secretary is hereby directed to give notice of authorization for reestablishment of the District by publishing a copy of this Resolution once m a newspaper of general circulation in the City of Fort Worth. Such authorization shall take effect and the District shall be deemed to be reestablished effective upon the publication of such notice 4 The Crty Manager is hereby authorized and directed to prepare specifications and to negotiate a proposed contract with Downtown Fort Worth, Inc for the improvements and/or services to be provided by the District under this Resolution and the service, improvement and assessment plan adopted by the City Council. 5 No actual construction or improvements or implementation of services by the District shall begin until at least 20 days after authorization for the District takes effect. 6 The District shall be a complete alternative to other methods by which the City of Fort Worth may finance public improvements and/or special supplemental services by assessing property owners. 4 CITY OF FORT WORTH ~: . ADOPTED this 7th day of September, 1999 1~ Mayor ATTEST ~. Crty ecretary . ~~ ~ 1~ ~~ ~~' S~:p ~ 199 ~~~ CITY OF FORT WORTH _ ,~~-> City of Fort Worth, Texas ~1-~Ayar And C,auncll Cammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 9/7/99 G-12655 13HEAR 1 of 3 SUBJECT PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION REESTABLISHING FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 1, ADOPTING A BUDGET AND SERVICE PLAN, ADOPTING A PROPOSED ASSESSMENT ROLL AND SETTING A BENEFIT HEARING DATE FOR FISCAL YEAR 1999-2000, ADOPTING AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DISTRICT, AND AUTHORIZING A CONTRACT WITH DOWNTOWN FORT WORTH; INC TO PROVIDE MANAGEMENT SERVICES FOR THE DISTRICT RECOMMENDATION It is recommended that the City Council take the following actions regarding the reestablishment of Fort Worth Public Improvement District No 1 (PID No 1) 1 Hold a public hearing concerning the following matters, and a the advisability of reestablishing the proposed district; b the general nature of the proposed improvements and/or services, c. the estimated costs thereof; d the boundaries of the proposed district; e the proposed method of assessment; and f the proposed apportionment of costs between the improvement district and the City as a whole, and 2 Adjourn such public hearing, and 3 Adopt the attached resolution which a reestablishes a public improvement district under Chapter 372, Local Government Code (the "Act"), to be known as the Fort Worth Public Improvement District No 1, b authorizes the City to exercise the powers granted by the Act in connection with the reestablishment of the public improvement district; c. makes findings concerning the nature and advisability of the improvements and/or services to be provided by the district, the estimated costs, the boundaries of the district, the method of assessment, and the apportionment of costs between the, district and the City as a whole, and d directs the City Secretary to publish notice of the reestablishment of the district as required by the act; and 4 Approve the attached service plan and budget for FY 1999-2000 as recommended by the Advisory Board of PID No 1, and T •~ City of Fort Worth, Texas ~1-~Ay~a~ And Caunc~l Cammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 9~7~99 G-12655 13HEAR 2 of 3 SUBJECT PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION REESTABLISHING FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 1, ADOPTING A BUDGET AND SERVICE PLAN, ADOPTING A PROPOSED ASSESSMENT ROLL AND SETTING A BENEFIT HEARING DATE FOR FISCAL YEAR 1999-2000; ADOPTING AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DISTRICT, AND AUTHORIZING A CONTRACT WITH DOWNTOWN FORT WORTH, INC TO PROVIDE MANAGEMENT SERVICES FOR THE DISTRICT 5 Authorize the transfer of $234,985 from the General Fund to the Special Assessment District Fund, PID No 1, FY 19.99-2000 project account; and 6 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $234,985 in the.. Special Assessment District Fund from available funds, and 7 Authorize the transfer of $5,000 for administrative fees from the Special Assessment District Fund, PID No 1, FY 1999-2000 project account to the General Fund, and 8 Authorize the City Manager to contract with Downtown Fort Worth, Inc. to provide improvements and services in PID No 1 during FY 1999-2000 for the sum of $857,894, and 9 Adopt the proposed 1999 assessment roll which is on file with the City Secretary and set Tuesday, September 28, 1999, at 10 00 a m in the City Council Chambers as the time and place for the benefit hearing, and 10 Direct the City Secretary to give notice of the September 28, 1999, hearing in accordance with state law; and 11 Approve adding to the 1999-2000 budget, as contingency, any unencumbered revenues from PID No 1's assessment from prior years DISCUSSION On August 3, 1999, the City Council received a petition requesting reestablishment of PID No 1 The petition established an advisory body to develop and recommend a service, improvement and assessment plan The City Council approved M&C G-12635 at its regular and public meeting on August 17, 1999, which found that the petition was sufficient, met the requirements of Chapter 372 of the Act and City PID policy, and. authorized the proceedings to reestablish PID No 1 The approved M&C G-12635 further set a public hearing on September 7, 1999, at 7 00 p m concerning various matters regarding the reestablishment of PID No 1 Notice of the hearing was given by the City Secretary according to the Act. ,... +~ ..,.+ ~, ../ City of Fort Worth, Texas M,'Ayar and Council CommunicAtian DATE REFERENCE NUMBER LOG NAME PAGE 9/7/99 G-12655 13HEAR 3 of 3 SUBJECT PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION REESTABLISHING FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 1, ADOPTING A BUDGET AND SERVICE PLAN, ADOPTING A PROPOSED ASSESSMENT ROLL AND SETTING A BENEFIT HEARING DATE FOR FISCAL YEAR 1999-2000, ADOPTING AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DISTRICT, AND AUTHORIZING A CONTRACT WITH DOWNTOWN FORT WORTH, INC TO PROVIDE MANAGEMENT SERVICES FOR THE DISTRICT The Act provides that after the public hearing is held, the City Council may adjourn the hearing and within six months after such adjournment, may make findings by resolution as to whether the proposed improvement district should be reestablished, the nature, costs and advisability of the proposed improvements and/or services, the boundaries of the proposed district, the method of assessment and the apportionment of costs between the district and the City as a whole If the Council decides to authorize reestablishment of the district, such authorization would take effect when a resolution is adopted authorizing the district and a notice is published once in a newspaper of general circulation FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon approval and completion of the above recommendations and the adoption of the attached appropriation ordinance, funds will be available in the Fiscal Year 1999- 2000 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) 5&6) GS87 472001 002100000000 $234,985.00 ~ ---~-°' i~ ~ ~d~ Charles Boswell 8511 7) GG01 481306 0134010 $ 5,000.00 ~ ~ p~ „~~,~ ~,~ l~ Originating Department Head: 6) GS87 539120 002100000000 $234,985.00 ~ ~~'~ ~ d ~. ~ Jim Keyes 8517 (from) '~~~ ~ ~ 5) GG01 538070 0905800 $234,985.00 ~ j Additional Information Contact: 8) GS87 539120 002100000000 $857,894.00 ~~~~~ t ~"""'"'' 7) GS87 539120 002100000000 $ 5,000.00 ~lg ~;,~~~,~tary Gi tt'`' Tex~.~ tit ~} Linda Brown 6030 ~. oa ~i4~ ~~; K ~;ri ( Adapted ~esol~tlc-~ ~!oa5~3~dopte;l ~l' dlnartc Pvol