Loading...
HomeMy WebLinkAboutOrdinance 11199ORDINANCE N0. 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. 1 DURING FISCAL YEAR 1992-1993; FIXING CHARGES AND LIENS AGAINST 354 PARCELS OF 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 "ImprovemE~nts") shall be provided in the Fort Worth Improvement District No. 1 during the 1992-1993 fiscal year; and WHEREAS, the District consists of the following area: The area bounded by Jones Street on the east; Lancaster Avenue on the south; Texas Street, Macon 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; and WHEREAS, the Improvements to be provided and the costs thereof are as follows: TOTAL COST (1) A maintenance and landscaping program $400,281 (2) A promotions program $ 78,140 (3) A marketing program $ 52,808 (4) A security program $ 20,975 (5) A transportation and parking program $ 3,990 (6) City administrative fee $ 5,000 (7) A management program Si157,182 TOTALS $718,376 PROPOSED TOTAL ASSESSMENTS 1992-1993 FY $297,428 $ 48,767 $ 49,469 $ 20,741 $ 3,946 0 $142,568 $562,919 WHEREAS, the proposed total of assessments for the 1992-1993 fiscal year is $562,919, which represents assessments on private property of $518,376 and on City property of $44,543; and WHEREAS, the Improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on October 13, 1992, and is on file in the office of the City Secretary; and WHEREAS, the Improvements will be provided by Downtown Fort Worth, Inc., under a contract dated October 1, 1989, extended for FY 1992-1993; and WHEREAS, the assessments shall be based on the value of each parcel on January 1, 1992, as determined by the City Council, including the value of structures or other improvements, with the assessment on each parcel to be determined by applying a rate of 8.5 cents for each $100 of property value; and WHEREAS, the City Manager has filed with the City Secretary a proposed assessment roll which shows the proposed assessments against each of the 354 parcels of property to be assessed; and WHEREAS, the City Council of the City of Fort Worth fixed a time and place 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 5th day of November, 1992, at 7:00 p.m., in the Council Chamber in City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made: a) Larry Taylor, 1301 Calhoun Street, Fort Worth, Texas, owner of Lot 8, Block E-4, Daggett Addition (Account No. 0068-59-09-92), objected to the proposed assessment of -2- $38.82 against his property because he believed that the services and improvements to be provided by the District would not benefit his property to the extent of the assessment, and he requested that the assessment be lowered. b) The Mid-Continent Supply Company, P.O. Box 1224, Fort Worth, Texas, wrote a letter, dated October 26, 1992, to the City Secretary stating that Lots 11A and 12, Block 97, Fort Worth Original Town (Account No. 0000-52-15-92), are now owned by Fort Worth-Minnesota Partners, c/o 5055 Properties, Inc., 4301 West Highway 7, St. Louis PR, MN 55416; and all desiring to be heard were given full and fair opportunity to be heard, and the City Council of the City of Fort Worth, 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: SECTION I. Said hearing be, and the same is hereby, closed and the said protests and objections and any and all other protests and objec- tions, whether herein enumerated or not, be, and the same are hereby, overruled. SECTION 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 -3- district for which such assessment are levied, and establish substantial justice and equality and uniformity between the respective owners of the respective properties and between all parties concerned, considering the benefits received and burdens imposed, and further finds that in each case the property assessed is specially benefitted in enhanced value to the said property by means of the said Improvements i.n the district and for which assessment is levied and charge made, in a sum in excess of the said assessment and the charge made 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 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, 1992, as shown in Exhibit "A" which is attached hereto and made a part hereof are true and correct. SECTION III. There shall be, and is hereby, levied and assessed against the parcels of property described in Exhibit "A" and the real and true owners thereof (whether such owners be correctly named herein or not) the sum of money itemized in Exhibit "A" 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- SECTION 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, her or his respective interest bears to the total ownership of such property, and its, her or his respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. SECTION 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. Such lien is effective from the date of this ordinance until the assessment is paid and may be enforced in the same manner that an ad valorem tax lien against real property may be enforced. A copy of this ordinance or an appropriate notice of such liens may be filed with the -5- 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, 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. SECTION 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 assessment. SECTION 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. SECTION VIII. P,lthough 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 -.~ -6- 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 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 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 laws in force in this City, vested in the City. SECTION 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. SECTION XI. In any suit upon any assessment or reassessment it shall be sufficient to allege the substance of the provisions 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- G SECTION XII. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of the Chapter 372, Subchapter A, Sections 372.001 et seq., of the Local Government Code (the Public Improvement District .Assessment Act). SECTION XIII. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of the same in the Minute Book of the City Council of Fort Worth, Texas, and filing the complete ordinance in the Ordinance Records of said City. SECTION XIV. The 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 _`J~ day of ~~ .P~./t/, 1992. APPROVED AS TO FORM AND LEGALITY: 1~/ City Attorney Date : ~ ~ ~ S ~ i ~ ADOPTED : -~ ~ - _5 ~ ~ ~. EFFECTIVE: vg_ -, MASTER FIIE•1 ~.:_54~~.,.r ec..e?Y.Ya~-~+nitaa6.F M.w@fia'c`-aG:iil~ ~~~J] .' 7FiUQ~P!6Fi/ilfW1'Ft(BEICsINp ~ ~ -~1W ~sr' "~~•' ~~ 1*~*"'~'° - u'~ 1~~i o~- rand ~ ~ = ~~ - _ ~: y ~~~# _ ,: FiNANI;E 1 T ---- ENE U B R" m -- - , .~ ; ~ .~ _3,:~.,. ` ~'`" 11/05/92 ^ G=9919 .~., `~ ~- I3LEVY ~ ~ _, -: _..- MAN ~NBi]~(3T~ s$ENEFIT- HEARING ANa~ LEVYING ASSES"SMEI~[TS: FOR :;FORT WORTH IMPROVEMENT - _ ., - ~->~:- N0. 1FOR FISCAL YEAR 1992-93 ~" ~=~ ~' ~'~_ - 9~ `~RECOMMENDATION• ~_ _ - ~ .~,.~'3„"~.. ."'."`"r' ,-.. ~ _- ~- . °- r It -~s recommended that the-City Council take. "the #otlowi.ng actions-•concernTn -~_ _ Improvement District No. 1: r ~ ;~,_- _ _:~~~~ _- 1. Hold a public hearing regarding the proposed rnproperty assessments for"Fiscah_ ear 1992-93 on November 5, 1992, and -~ ~-, ,~- ~,_ 2. Close the public hearing, and ._ 3. Adopt the attached ordinance which levies the- proposed assessments, and-~~° -~--~_~: _r~;;;;; 4. Authorize transfer of the City's assessment of. $44,543.00 from General Fund~,~Non`~ Departmental to the PID #1 FY 1992-93 project account, and - ~-°-" 5. Adopt the attached appropriations ordinance increasing estimated receipts and appropriations by $664,376.00 in the Special Assessments Fund to provide-=fiscal-° year 1992-93 funding for Improvement District No. 1. DISCUSSION: On October 13, 1992, the City Council held a public hearing and adopted M&C G-9889 which directed that certain improvements and/or services (the "improvements") shall be provided in Fort Worth Improvement District No. 1 during the 1992-93 fiscal year. M&C G-9892 approved on October 20, 1992 adopted the proposed assessment rolls and provided for notice of this benefit hearing. k The improvements to be provided and the costs thereof are as follows: TOTAL TO BE ASSESSED COST FY 1992-93 (1) A maintenance and landscaping program $400,281 $297,428 (2) A promotions program 78,140 48,767 (3) A marketing program 52,808 49,469 (4) A security program 20,975 20,741 (5) A transportation & parking program 3,990 3,946 (6 City administrative fee 5,000 0 (7) A management program 157,182 142,568 TOTAL $718,376 $562,919 ~"~~ City_-~of Fort~Worth;~Texas Mayor and Council ~Cammnunicat~6n 11/05/92 SUBJECT BENEFIT HEAR G-9919 13LEVY 2of2 AND LEVYING ASSESSMENTS FOR FORT WORTH IMPROVEMENT DISTRICT YFAR lgg9_q~ Of the cost of improvements, $518,376.00 shall be assessed against private property located in the district and the owners of the property. In addition, $44.,543.00 shall be assessed against City property within the District. The $155,457.00 difference between cost and assessments will come from a contract with the City for payment in lieu of services the District will provide ($88,457.00) and other District revenues ($67,000.00). The City Manager has filed with the City Secretary a proposed assessment roll 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 contract. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that (1) funds required for payment of the City's assessment obligation are available in the current operating budget, as appropriated, of the General Fund and (2) upon adoption of the attached supplemental appropriations ordinance, funds will be available in the current operating budget of the Special Assessments Fund for the current fiscal year's expenditures for improvement DISTRICT 1 CB:z Office by or City Manager's `J"'" ,4PPROVED ,, o00 0 , 500 0 '~~ I !7 i...'.~' ~IVC1~ (5 GS81 539120 00210009300 659,376 0 4 'd~Jti' ~~ Charles Boswell 8500 5 GS81 488342 00210009300 664,376 ^ ~ 1 1 ,,;~ ~ - ,_~~;= L Originating Department Head: J d 4 GS87 411052 00210009300 44,543 0 - .l !~~,,~s,,,,~Y.,r_,~ u son Bai 1 i ff 8185 from ;;;ry secso~rv of the 4 GGO1 538070 090580 44, 543 0 %:ty of rort vdorth,?exas For Additional Information C N u ontact J d o, =~Ou'`~d O;QinanCB u son Bailiff 8185 -~~ Printed on retyped paper