HomeMy WebLinkAboutOrdinance 11061ORDINANCE N0. V
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF
CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH
IMPROVEMENT DISTRICT N0. 3 DURING FISCAL YEAR 1991-1992; 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 City of Fort Worth, Texas, has heretofore
directed that certain improvements and/or services (the "Improvements") shall be
provided in the Fort Worth Improvement District No. 3 during the 1991-1992 fiscal
year; and
WHEREAS, the District consists of the area primarily along Lancaster and
Vickery between Henderson and I-35 as more particularly described in a boundary
description and map on file in the Office of the City Secretary; and
WHEREAS, the improvements are fully described in a service, improvement and
assessment plan which was adopted by the City Council on March 12, 1992, and is
on file in the Office of the City Secretary; and
WHEREAS, the improvements to be provided and the costs thereof are as
follows:
Source of Funds 1991-92
SENCA Advance Funding $ 0.00
FWID #3 Assessments 84,440.14
1990-91 Assess. Collections 11,726.59
* TIF 0.00
TOTAL 96,166.73
Use of Funds
Formation Services $ 0.00
Planning (TIF) 14,166.73
Marketing 5,000.00
Management 12 000.00
73
1
166
SUBTOTAL ,
.
3
Reimbursement to SENCA/Fort Worth
For valid expenses in Organizing PID #3 $ 65 000.00
TOTAL 96,166.73
Showing "TIF" on this forecast it NOT meant to infer or imply City
Council endorsement of or intent to establish a reinvestment zone
for tax increment financing. It is only a projection of revenue in
the event TIF is used. If TIF is not adopted, an alternative
funding source will be developed or the service program will be
scaled back within available revenues.
WHEREAS, the improvements shall be provided by Casebier Company, Inc.,
under a contract with the City of Fort Worth, and
WHEREAS, $84,440.14 of the cost of the improvements shall be assessed
against property located in the district and the owners of the property; and
WHEREAS, the assessments shall be based on the value of each parcel on
January 1, 1991, as determined by the City Council, using a formula outlined in
the petition which established the district, including the value of structures
or other improvements, with the assessment on each parcel to be determined by
applying a rate of 43 cents for each $100 of property value; 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 the 31st day of March, 1992, 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 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 objections, whether herein
enumerated or not, be and the same are hereby, overruled.
II.
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, 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 ali parties concerned, considering the
benefits received and burdens imposed, and further finds that in each case the
property assessed is special]y benefitted 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 said assessment and charge made
2
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 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 values of the respective parcels of property
on January 1, 1991, as shown in Exhibit "A" which is attached hereto and made a
part hereof, are true and correct.
III.
There shall be, and is 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 ($.43 applied to District Proposal)", 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.
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 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 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 May 31, 1992, and shall become
delinquent if not paid by June 1, 1992. The entire amount assessed against each
parcel of property shall bear interest from and after June 1, 1992, at the rate
of 10% per annum until paid.
3
s
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 assessments 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 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 an
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 assessments, is in accordance with the law
in farce 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 incorrectly 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.
4
XII.
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 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.
PASSED AND APPROVED THIS ~~~ day of 1992.
APPROVED AS TO FORM AND L ALITY:
DEPvt'Y C' y Attorney
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Dade : ~ _ 3l - ~oZ
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CITY MAM1 n
DATE REFERENCE N MBER LOG NAME PAGE
CA\J1~ 03/31/92 G=9594 02DIS,T3 _ 1 of 3
o ~~ BENEFIT HEARING AND, ADOPTION, OF ORDINANCE LEVYING ASSESSMENTS - IMPROVEMENTS
EJECT
C~'~ ~"
AND70R SERVICES LN EORT WORTH IMPROVEMENT DIS.7RICT_N0. 3 _ _
RECOMMENDATION:
it is hecommended that the City Council take the following actions concerning Public
Improvement District No. 3:
1: Hold a ;public hearing regardi'rig the proposed property assessments for Fiscal Year
1991-'92, and
2. Close the public hearing, and
3. Adopt the attached ordnance which levies the ;proposed assessments.
rirsrtissrnia_
On March 12, 1992, the~City'Council held a public hearing and adopted M&C G='95'58 which
directed that certain improvements and/or services (the "improvements'") shall be
provided in Fort Worth Improvement 'District 'No. 3 during the 19`91-92 fiscal year.
Improvements/Services:
The general nature of the improvements and services to be provided by the District
are:
1. Planning Program
- Develop a Plan for Tax Increment Financing
- Rework Concept Plan, Engineering Plan, Budgets, and Schedule for
Infrastructure Improvements
2. Plan Coordination Program
3. Marketing Program
- PID #3 Plan Brochure Distribution
- Generate Publicity about the District
4. Management Program
- Overall Management of the District
Budget:
Source of Funds 1991-92
SENCA Advance Funding $ 0.00 `~~ ~ g ~ ~~
FWID #3 Assessments --84;44{~~4~ ~ 1~~~ ~~~"C~
1990-91 Assess. Collections 1'1,726.'59 ~ , ~ /
' TIF* _. 0.00
TOfiAL `' --fib;-1.65:~~ ~ ~l~ `~
"~~~ Printed on recycled paper
City of Fart T~ort~z, Texas
Mayor and Council Communication
03/31
G-9594
02DIST3
2 of
I SUBJECT I BENEFIT HEARING AND ADOPTION OF ORDINANCE LEVYING ASSESSMENTS - IMPROVEMENTS I
AND/OR SERVICES IN FORT WORTH IMPROVEMENT DISTRICT N0. 3
Use of Funds
Formation Services $ 0.00
Planning (TIF) 14,166.73
Marketing 5,000.00
Management 12 000.00
SUBTOTAL 31,166 73
Reimbursement to SENCA/Fort Worth
For valid expenses in Organizing PID #3 $ 65 000.00
TOTAL 96,166.73
*Showing "TIF" on this forecast is NOT meant to infer or imply City Council endorsement
of or intent to establish a reinvestment zone for tax increment financing It is only
a projection of revenue in the event TIF is used. If TIF is not adopted, an
alternative funding source wi 11 be developed or the service program wi 11 be scaled back
within available revenues.
The improvements are fully described in a service, improvement and assessment plan
which was adopted by the City Council on March 12, 1992, and is on file in the office
of the City Secretary.
FY 91-92 Assessments:
$84,440.14 of the 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.
Considering the benefits to be received from the proposed improvements, it is the
opinion of the Real Property Division that each parcel of property will be enhanced in
value by an amount equal to or more than the proposed assessment.
Notice of the public hearing was made in accordance with State law.
Following the hearing, the assessments shown on the attached proposed assessment roll,
if approved and accepted by the City Council, will be levied against properties and the
owners thereof. Such assessments shall constitute a first and prior lien upon such
properties and a personal liability of the real and true owners thereof and shall be
payable on or before May 31, 1992. Accounts will become delinquent if not received by
~~~ Printed on recycled paper
City of wort Worth, Texas
Mayor and Council ~,ommunication
DATE
03/31/92 REFERENCE NUMBER
G-9594 LOG NAME
02DIST3 PAGE
3 of 3
'SUBJECT BENEFIT HEARING
AND/OR SERVICES AND ADOPTION OF ORDINANCE LEVYING ASSESSMENTS - IMPROVEMENTS
IN FORT WORTH IMPROVEMENT DISTRICT N0. 3
June 1, 1992. The entire amount assessed against a parcel of property shall bear
interest from and after the first day of June, 1992, at the rate of 10 percent per
annum until paid.
DAI:k
Su fitted for City Manager's FUND ACCOUNT CENTER AMOUNT {~ aI ,~S i'i.RElF'AYtY
Office by: to ~@'~°~/ ~®~~~~~
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Mike Groomer 6140 °~dOg2~~~ ~l~iit~~1C~ ~~D~
Originating Departiaent Head MAR ~~ 1992
.~,5 Fill ND~,~
from ~~ ,^,!! C®~si,,A„(I,~r
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Olivia Rodriguez 6101 ~
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For A itiona In ormat~on -------
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Contact c~cy s~~:=3.~-~ °
1e
of F°r. tip°~ ~'
Ci
Olivia Rodriguez 6101 ty
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