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HomeMy WebLinkAboutOrdinance 11217T ~r ORDINANCE NO. ~~~ j AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PRO- VIDED IN FORT WORTH IMPROVEMENT DISTRICT N0. 2 DURING 1992; FIXING 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; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the C:i.ty of Fort Worth, Texas, has heretofore directed that certain improvements and/or services (the "Improvements") shall be proviced in the Fort Worth Improvement District No. 2 during 1992; and> WHEREAS, the District consists of an area within the boundaries of SH 377, Western Center Boulevard, Teal Drive and Summerfields Boulevard and is more pari~icularly described in a boundary description and map on file ire the office of the City Secretary; and WHEREAS, the improvements to be provided are as follows: 1. Landscaping, construction and maintenance of plantings and fencing along Park Vista Boulevard and Basswood Boulevard; 2. District management for the administration and operation of the District; and WHEREAS, the cost of such improvements is as follows: TOTAL TO BE COST ASSESSED (a) City administration fee $ 10,000 $ 10,000 (b) Cost of maintenance 242,299 202,299 (c) Replacement reserve 5,000 5,000 (d) Operating expenses 10,000 10,000 (e) contingency 1,000 1,000 TOTAL $268,299 $228,299; and ~ 7 r WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on November 10, 1992, and is on file in the office of the City Secretary; and WHEREAS, the improvements shall be provided by the Hillwood Construction Company under a contract with the City of Fort Worth; and WHEREAS, $228,299 of thecost of i~he improvements shall be assessed against property located in the District and the owners of the 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 subsidy provided by the Hillwood Construction Company; and WHEREAS, the assessments shall be based on the square footage of each parcel according to the TAD certified rolls and the benefits as determined by the City Council, using a formula outlined in the approved budget and petition which established the district; and WHEREAS, the City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel; 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 fixed for a hearing, and 'the proper notice of the time, place and purpose of said hearing was given and said hearing was had and held at the time and place fixed therefor, to-wit, on -2- the 3rd day of December, 1992, 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 full and fair opportunity to be heard, and the City Council of the City, 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, THAT: I. Said hearing be, and the same is hereby, closed and the said protest and objections, and any and all other protests and objec- tions, whether herein enumerated or not, be and the same are hereby overruled. II. The City Council, from the evidence, finds that the assess- ments herein levied should be made and levied against the respec- tive parcels of property in the District and against the owners of such property and that 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 the respective owners of the respective properties, and between all -3- parties concerned, considering the benefits received and burdens imposed, and 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 the 4 said assessment and charge made against the same by this ordi- nance, 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 theretofore had with reference to said improvements, and is in all respects valid and regular. The City Council, from the evidence, further finds that the square footage of the respective parcels of property on the TAD certified rolls, as shown in Exhibit "A" which is attached hereto and made a part hereof, are true and correct. III. There shall be, and are hereby, levied and assessed against the parcels of property described in Exhibit "A" which is attached hereto and made a part hereof, 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. -4- iv. 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 as its, his or her respective interest bears to the total ownership of such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of such proportionate sum V. The several sums above mentioned and assessed against the said parcels of property, and the owners thereof, and interest thereon at the rate of ten percent (10~) per annum, together with reasonable attorney's fees and costs 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 enforce- able 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 ordi- nance may be filed with the County Clerk of Tarrant County, Texas, and when so filed shall constitute complete and adequate legal -5- 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, 1993, and shall become delinquent if not paid by February 1, 1993. The entire amount assessed against each parcel of property shall bear interest from and after February 1, 1993, at the rate of ten percent (10~) per annum until paid. VI If default shall be made in the payment of any assessment, 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. VII. 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 assess- ments thereof and is less than the proportion of the cost allowed and permitted by the law in force in the City. VIII. 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 -6- 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. IX. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities in the assess- ments is in accordance with the law in force in this City, vested in the City. X. 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 incor- rectly named. XI. 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 or reassessment shall not be necessary. -7- XII. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of Chapter 372, Sub- chapter A, Sections 372.001 et seq., of the Local Government Code (the Public Improvement District Assessment Act). XIII. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council of Fort Worth, Texas, and by filing the complete ordinance in the ordinance records of said City. XIV. 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. F APPROVED AS TO FORM AND LEGALITY: Cam! 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NAtER ADMINISTRATION~l. ~~" ^"-.:H.-`^"-..""' -. ,..- .- .. - _._.._..~.... _ .c. r,» E'P~G N~~~~C•~.12/..03~92~_ ~ EfE EN E NUMBER G'~9'94T"` _YL .NAME s~ ~"M13LEVY~ ~` PA E 1 of°2~~ ~ ~~ :~ •° ___ _,~__~,-~. . .. v ~. ~ ~ ~~. F1NAN ~.gUBJECT..-. BENEFI1r~~H~AR~i-NG`-~AND~ tEIYING~.~ASSE~SSMENTSr FO~t=FORT-~`WORl'ii IMPROVEMENT -Ol<y~~CT,.~.~' : -" ~- _NO 2 FOR- ~; _~ ~a ~.-~. < ~~:d~:~ ~ ~ ..~.~......u..,~. ~~ ~- .~~,~ ~.. ,:. .. ~+~., 3: Via, _ ~ ~1A4~.Xr~:+::... F~nSS'3F2ffiY,yrss~°~^innt~fs~.*'.1."b:~6i.T.RT~r ,.r. t~sK,+.c~-~>h,~~;,. ..sa~'~+_ ~.~',~a. 1*icZ.ri;:« . L~YJ.1 -~. ~. ., •i- ... ,'~:3. .. ~ .. ?ts~ q ~"'; _s~ ~ rr+ r;~ * v' x,'°,~ .ncr '=`€~' S~Z':. ~.. u.x *,. RECOMMENDATION.- ~ _ ~` _` ~".~ , ~' >::} ~ ,,..., h n~ ~_: - ;. .^ Y: :x ~.r, > C.<« ~ ~-~ ~ 5:7~.is;,r x{~ ,~34 ~ .~~~~w-q~~ ,.. ss we .... ~ ~.apaas5 ~-;d S a~.e , +Y: It irs recommended$ that the City Council. take the following .actions concerning Public ~ ~-n _ Improvement Digs-tr:ic.t, No.• 2 . ~ :z.~ a~ti;~,.;~ ..~k~s:~. -,:n r . ~ ~-a ~x,,~ ~~}~~~~ .~=.r~~rdr~.,,::~: .~ ~ .~~:.~:~A~ ~ ~ ~`- 1. Hold a public hearing regarding the proposed property assessment/s~ for• on December 3 , 1992, and (.'.4/>.°~dar`.~~aav- /9 t - ,. 2. Close the- public hearing, and -~-~~~~ 3. Adopt the attached ordinance which levies the proposed assessments, and~r~f~.Y 4. Adopt the attached appropriations ordinance increasing estimated receipts and appropriations by $228,299.00 in the Special Assessments Fund to provide ~~- ~-~3 funding for Improvement District No. 2. al~~Qr j'~r('~' ~? ~i~. DISCUSSION: On November 11, 1992, the City Council adopted M&C C-13612 which directed that certain improvements and/or services (the "improvements") shall be provided in Fort Worth Improvement District No. 2 during the 199 - ear. It also adopted the. proposed assessment rolls and provided for th o "c o~this benefit hearing. The improvements to be provided and the costs thereof are as follows: TOTAL TO BE ASSESSED COST - ~l~e radar ~eu,r l ~ ~i 2 (1) A maintenance and landscaping program $258,299 $218,299 (2) City administrative fee 10,000 10,000 n TOTAL $268,299 $228,299 The $40,000.00 difference between cost and assessments will be subsidized by the contractor, Hillwood Development Corporation. All cost of improvements shall be assessed against private property located in the district and the. owners of the property. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. -~ Printed on rec clad a r ~,~ Y P P ~*// City of Fort worth, Texas . ~=-$: Mayor and ~;ou~-cil Cannmunicatii~~n~~~ `~ ~~ DATE 12/03/92 REFEREN E NUMBER G-9947 LO NAME 13LEVY PA E r. 2 of 2?"~~ SUBJECT BENEFIT HEARING AND LEVYING ASSESSMENTS FOR FORT WORTH-IMPROVEMENT DISTRICT``" N0. 2 FOR FISCAL YEAR 1992-93 -~°--~ 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.. contract. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies supplemental appropriations ordinance, funds wi budget of the Special Assessments Fund for the Improvement DISTRICT 2. that upon adoption of the attached ll be available in the current operating current fiscal year's expenditures for CB:w Submitted for City Manager's Offi FUND ACCOUNT CENTER AMOUNT CITY SECRETARY ce by to .l ~ N L I ~ GS87 539120 00220009300 228,299 0 a ~ : ~il lii'~.E a Charles Boswell 8500 GS87 488342 00220009300 228,299 0 ;~~t~Rl7'1(E Originating Department Head ~~~~. ~,~~;~~~~i~ u j Or~Q~ DiC~ln3-1CP, !V0. /~~ Judson Bailiff 8185 from ~~~ + (}rdinanCe No ~~ t d For Additional Information . e~ ; 0~ ~~' ~ ~4.c~.~€J Contact J d City s~c~rAiary of tiro u son Bailiff 8185 L`ityocicrf'v@ort2l,Yexas :-.,. ~~ . ~s:.> ,:~:~ r J ~~ Printed on recycled paper