HomeMy WebLinkAboutOrdinance 13950ORDINANCE NO. ~ ~ ~ ~~ V
AN ORDINANCE CLOSING THE HEARING AND LEVYING ASSESSMENTS
FOR THE COST OF CERTAIN IMPROVEMENTS ANDIOR SERVICES
PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 6
DURING FISCAL YEAR 1999-2000; 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. 6 during Fiscal Year 1999-2000; 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 irrigation of plantings and fencing
in the district;
2. supplemental security services,
3 district management for the administration and operation of the district; and
WHEREAS, the cast of such improvements is as follows.
Revenues From Total
Assessments Cost of
FY 1999-2000 Improvements
(1) Maintenance and landscaping ~ $502,796 $559,800
(2) Security Patrols 75,590 84,160
(3) City Administrative fee 8,982 10,000
(4) Operating Expenses 39,385 43,850
(5) Replacement Reserves 35,271 39,270
(b) Contingency 8,982 10,000
{7) Homeowners Assn. & Community Events 37,786 42.070
Total $708,792 $789,150
WHEREAS, the uprovements are fully described m a service, improvement and assessment
plan which was adopted by the City Council on September 7, 1999, 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, $708,'92 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 protect 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, 1999,
as determined by the City Council, including the value of the structures on other improvements, with
the assessment on each pazcel to be determined by applying the following rates per each $100 of
property value•
TXpe of Pronertv
Residential $0.21 (capped at $0.21)
Commercial $0 042 (20% of residential rate)
Multi-family $0 105 (50°/a of residential rate)
Nonprofit $0 021 (10% of residential rate)
All other property $0 021 (10% of residential rate)
WHEREAS, such proposed assessment roll was approved and adopted by the City Council
of the City of Fort Vt~orth, 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 therefor, to-wit, on the 28`" day of September, 1999, at 10.00 a.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 ail 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
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and levied against the respective pazcels of property in the District and against the owners of such
property Such assessments and charges are right and proper and aze 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
fords 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, m a sum m excess of said assessment and charge made against the same by this
ordinance, and further fords 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 is in all respects valid and regular The City Council, from the evidence,
further finds that the values of the respective parcels of property on January 1, 1999, 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 against the parcels of property described
in the attached Exhibit "A" and against the real and true owners thereof (whether such owners be
correctly named herein or not), the sums of money itemized in Exhibit "A" in the column titled
"Annual Assessments" opposite the description of the respective parcels of property and the several
amounts assessed against 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 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 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 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 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
hen 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, 2000, and shall become delinquent if not paid by February 1, 2000 The entire amount
assessed against each parcel of property shall bear interest, from and after February 1, 2000 at the rate
often percent (10%) per annum until paid.
SECTION b.
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 m 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 Czty 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 14.
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.
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SECTION 11.
In any suit upon any assessment or reassessment, rt shall be sufficient to allege the substance
of the provision recited in taus ordmance and that such recitals are in fact true, and further allegations
with reference to the proceedmgs relatmg 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, opimon dr
judgment shall m 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 14.
That this ordinance shall be cumulative of Ordinance No 13618 and Ordinance No 13619
and all other ordmances and appropriations amending the same except in those uistances where the
provisions of this ordinance are m direct conflict with such other ordinances and appropriations, m
which instance said conflicting provisions of said prior ordmances and appropriations are hereby
expressly repealed.
SECTION 15.
This ordinance shall take effect and be m full force and effect from and after the date of its
passage and rt is so ordained.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
Date: ~~~ y I ~
Adopted
~ ~~g~~~
Effective
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City of Fort Worth, Texas
n~Ayar= Aud Caunc~l ~,ammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
'9/28/99 BH-194 13PID6 1 of 2
SUBJECT ADOPTION OF APPROPRIATION ORDINANCE AND BENEFIT HEARING FOR FORT
WORTH PUBLIC IMPROVEMENT DISTRICT NO 6 AND LEVYING OF ASSESSMENTS
FOR FISCAL YEAR 1999-2000
RECOMMENDATION
It is recommended that the City Council take the following actions regarding Fort Worth Public
Improvement District No. 6 (PID 6)
1 Hold. a benefit hearing concerning the proposed property assessments for FY 1999-2000 on
September 28, 1999; 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
~$708,792~ in the Special Assessment District Fund from available funds.
DISCUSSION
On September 7, 1999, the City Council adopted M&C G-12656 which directed that certain
improvements and/or services (the "Improvements") shall be provided in PID 6 during the 1999-2000
fiscal year It also adopted the proposed assessment roll and provided notice of this benefit hearing
The improvements to be provided and the costs thereof are.
Total Cost To Be Assessed
Maintenance and Landscaping $559,800 $502,796
Security Patrols 84,160 75,590
City Administration Fee 10,000 8,982
Operating Expenses 43,850 39,385
Replacement Reserves 39,270 35,271
Contingency 10,000 8,982
Homeowners Assn and Community Events _ 42:070 37,786
TOTAL $789,150 $708,792
The $80,358 difference between total costs and assessments.. reflects a direct reimbursement from the
City of Fort Worth for park maintenance
City of Fort Worth, Texas
n-~Ayar And Caunc~l Cammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
9/28/99 BH-194 13PID6 2 of 2
suB~ECT ADOPTION OF ,APPROPRIATION ORDINANCE AND BENEFIT HEARING FOR FORT
WORTH PUBLIC IMPROVEMENT DISTRICT NO 6 AND LEVYING O.F ASSESSMENTS
FOR FISCAL YEAR 1999-2000
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 roil
and an estimate of the assessments against each parcel
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 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 6 management contract between the City and the 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
CB.k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GS87 488342 002600000000 $708,792.00 APPROVED
Charles Boswell 8511 GS87 539120 002600000000 $708,792.00 (~~ ~~/ (~®I IA~~9~
~
Originating Department Head: 1 v l~1 E
~/
S E P 28 1999
Jim Keyes 8517 (from)
Additional Information Contact: "` 17~~/
City Secretary of the
City of Fort Worth
Tera
Linda Brown 6030 ,
;~~:s~,tL;~ .xr~~o~l~;:~ i<cgo~5~ Adopted ~r~ira«oe ~0.(_3~5