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HomeMy WebLinkAboutOrdinance 10930• • ORDINANCE NO. ~® AN ORDINANCE AMENDING THE 1989-90 ASSESSMENT ROLL AND ASSESSMENT ORDINANCE FOR FORT WORTH IMPROVEMENT DISTRICT N0. 1; REDUCING THE ASSESSMENT AGAINST A CERTAIN PARCEL OF PROPERTY OWNED BY COMMERCE HOTEL ASSOCIATES; AUTHORIZING A REFUND OF OVERPAID ASSESSMENTS; 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 has heretofore directed that certain improvements and/or services (the "Improvements") be provided in the Fort Worth Improvement District No. 1 (the "District") during the 1989-90 fiscal year; and WHEREAS, the City Council held a special benefit hearing and levied assessments against parcels of property in the District and the owners thereof for a portion of the cost of such Improvements during the 1989-90 fiscal year, which assessments were levied by the Council pursuant to the Public Improvement District Assessment Act, V.T.C.A., Local Government Code, Section. 372.001 et seq.; and WHEREAS, such assessments were levied by the City Council through the adoption of an assessment roll and an assessment ordinance; and WHEREAS, the amount of such assessments was based on the appraised value of the parcels of property as determined by the Tarrant Appraisal District on January 1, 1989; and WHEREAS, Commerce Hotel Associates filed suit No. 96-122301- 89 against the Tarrant Appraisal District in the 96th District Court of Tarrant County, appealing from the 1989 appraised value established by the Tarrant Appraisal District far Lots 9-16, Block 96, Fort Worth Original Town Addition (tax account number 04659309), which property is located in the District; and WHEREAS, judgment was entered in such suit and the judgment reduced the appraised value of said parcel of property (Attachment A); and WHEREAS, it is necessary to amend the assessment roll and assessment ordinance which levied the FY 1989-90 assessments against such property and the owners thereof to reflect the new appraised value established by the 96th District Court and the assessment based thereon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Y/r~ ~Q~ That the assessment roll and ordinance which d assessments against parcels of property and the ow t ~R~ Fr. woR~N, r~z. ~}. ~ • • behalf of Fort Worth Improvement District No. 1 during the 1989-90 fiscal year be and are hereby amended by changing the assessment levied against the following parcel of property and the owners thereof to read as follows: Legal Acct./Owner Description Appraised Value Assessment 0465-93-09 FW Original Town $ 3,115,000.00 $ 2,492.00 Commerce Block 96 Hotel Assoc. Lots 9-16 II. That the amount of any previously paid FY 1989-90 assessment against the respective parcel of property and the owners thereof in excess of the amended assessment amount shall be refunded to the property owner. III. That except as heretofore and hereby amended, the assessment roll and assessment ordinance approved and adopted by the City Council for Fort Worth Improvement District No. 1 during the 1989-90 fiscal year shall remain unchanged and shall continue in full force and effect. IV. 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. V. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and ist..,,,,is so ordained. PASSED AND APPROVED this ~ day of _~~~~~~L~ , 1991 APPROVED AS TO FORM AND LEGALITY: pEpuTYCity Attorney r r Date: )fl - 9- 4 ADOPTED : ~'~~ ~~ 9I EFFECTIVE.: ~O`~ y'7~ ~~ ~~ L[ 1 i oi~~~~~~ f~. W~II~~,. ~~X. (~ s _ ~ T NO 96-122301-89 COMMERCE HOTEL ASSOCIATES, § plaintiff, § VS § TARRANT COUNTY APPRAISAL § DISTRICT AND TARRANT § COUNTY APPRAISAL § REVIEW BOARD, § Defendants. § IN THE DISTRICT COURT OF TARRANT COUNTY, TEXAS 96TH JUDICIAL DISTRICT AGREED JUDGMENT BE IT REMEMBERED that on the date set forth below came on to be heard the above-styled and numbered cause, and came the Plaintiff, COMMERCE HOTEL ASSOCIATES, ("Plaintiff") and the Defendants, TARRANT APPRAISAL DISTRICT ("Appraisal District") and TARRANT COUNTY APPRAISAL REVIEW BOARD. The parties appeared by and through their attorneys of record whose names and signatures appear below. It was announced to the Court that an agreement had been reached , subject to the approval of the Court , for the settlement of all matters in controversy between the parties. It appears to the Court and the Court so finds that this is a suit concerning the 1989 and 1990 appraisals for property tax .purposes of certain property; that all interested parties have been served with citation as required by law, that all conditions precedent to the acquisition of jurisdiction by this Court have occurred or been done; that this Court has jurisdiction of the subject matter and all persons and parties herein, and that all AGREED JUDGMENT - Page 1. a~c~u R~co~ arr uca~r~Rr _, wow M, hz. 1' i• (• ~~,- matters in dispute between Plaintiff and Defendant have been compromised and settled on the terms as set forth herein. IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the property .which is the subject of this cause (the "Property") consists of land and improvements commonly known as Days Inn Hotel, Located in Fort Worth, Tarrant County, Texas, and is represented by Appraisal. District account number 04659309. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Property had a market value for property tax purposes on January 1, 1989 of $3,115,000.00. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the appraisal rolls of Appraisal District be modified and corrected to reflect the market value set forth herein. The Plaintiff having announced that it wished to take a nonsuit as to its appeal involving the 1990 tax year, IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff's Motion for Non-Suit in this cause relating to the matters concerning the 1990 tax year raised in Count II in Plaintiff's First Amended Original Petition is hereby granted and Plaintiff's appeal pertaining to the 1990 tax year is hereby dismissed. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Appraisal District shall forthwith advise the Assessor for each affected taxing unit to (1) change the tax roll and other appropriate records to reflect the appraised value set forth above; (2) prepare and deliver a supplemental tax bill as required by Chapter 31 and Chapter 42, Subchapter C of the Texas Property Tax Code; and (3) promptly refund to Commerce Hotel Associates 'at the AGREED JUDGMENT - Page 2. OFF~YiI AEC01~ CI11' SECAETAAI FT. NORTN, Ta. ..~ , ., '! . 1~ ;~ ., address set forth below, any amounts due pursuant to Property Tax Code Section 42.43. _ Commerce Hotel Associates 200 West 57th Street, Suite 601 New York, New York 10019 Each party shall bear its own attorneys' fees and expenses. All costs of court shall be taxed against the party incurring the same. P All relief prayed for by either party hereto and not expressly granted is hereby DENIED. SIGNED on this ~~day of L, 1991. 1. _ ( ~ APPROVED AS TO FORM AND C ENT: l GEARY & SPENCER ~/ A Professional Corporation 6400 NCNB Plaza 901 Main Street Dallas, Texas 75202 214/748-9901 i By• ~ DANIEL P. DONOVAN DAVID J. KAPLAN ATTORNEYS FOR PLAINTIFF BROWN, HERMAN, SCOTT, DEAN AND MILES 203 Fort Worth Club Building 306 West 7th Street Fort Worth, Texas 76102-4988 817/332-1391 By- B ALE DE ATTORNEYS FOR DEFENDANTS AGREED JUDGMENT - Page 3. ~~rcut ~EC~ ~. t~T1' SE6REi'A~r Fr. wo~~N, ~c. i~IASPt;R FILE-! ACCOUNTING•2 ( -~ Oa/ ~/~]~/A~• ~/1.~~-~ r©~~ 7RANSPORTATION~P~~ ~ ~ v~I~ COZ~DIf~/,,Z /~~s/~IV ~ ~ f~O ~ f~~~~~Ii'V ~ ~ Nn7ER AOMINIS7RA ~ t y CITY MA /~/ •r_cc DATE 10/08/91 REFERENCE NUMBER **G-9330 LOG NAME 02ASSROL PAGE 1 of 1 SUBJECT AMENDMENT TO 1989-90 ASSESSMENT ROLL FOR PUBLIC IMPROVEMENT DISTRICT NO 1 AND APPROVAL OF REFUNDS RECOMMENDATION: °It is ,recommended that the City Council• 1. Adopt the attached ordinance which amends the FY 1989-90 assessment roll for Fort Worth Improvement District No. 1 by changing the assessment levied against property of Commerce Hotel Associates, and 2. _Authorize a refund of $1 164.35 in overpaid assessments to Commerce Hotel ~ Associates for FY 1989-90. DISCUSSION: In Cause No. 96-122301-89, in the 96th District Court, Commerce Hotel Associates appealed the 1989 assessed valuations set by the Tarrant Appraisal District for Lots 9-16, Block 96, Fort Worth Original Town (Account Number 04659309). On June 24, 1991, an agreed judgment was entered in the suit which reduced the assessed valuation for the property. This property is part of Public Improvement District No. 1. State law requires a public improvement district to refund overpaid assessments. Adoption of the attached ordinance would make the following amendment to the 1989-90 assessment roll for PID #1: Account: 04659309 Commerce Hotel Associates Old Value $ 4,570,434 Assessment Paid $ 3,656.35 New Value $ 3,115,000 Assessment Due 2 492.00 Refund 1,164 35 Cw~ FISCAL INFORMATION/CERTIFICATION: ~F~ ~~ '' The Director of Fiscal Services certifies that the money requi red f r'~fies~'Pu~~ s available in the Special Assessments District Fund. F~. wQ~TN, ~. DAI:t Su mitte for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to APPROVED E3Y CITY COUNCIL Originating Department Head opted brd mance N o. from QCT ~ 1~~ GS87 488342 00210009000 1,164 3 For Additional Information '/ ~ Contact ~J ~-fJ~' Ci Secret o1 tLe City of Fort Wotlb, TexaO Printed on recycled paper