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HomeMy WebLinkAboutOrdinance 10963ORDINANCE NO ~ ` AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO 2 DURING 1991, 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 impravements and/or services (the "Impravements") shall be provided in the Fort Worth Improve- ment District No 2 during 1991, 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 particularly described in a boundary description and map on file in the Office of the City Secretary 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 S 10,000 $ 10,000 (b) Cost of maintenance 203,675 177,550 {c) Replacement reserve 5,000 5,000 (d) Operating expenses 10,000 10,000 {e} Contingency 1,000 1,000 TOTAL $229,675 $203,550 ,and WHEREAS, the impravements are fully described in a service, improvement and assessment plan which was adopted by the City Council on November 27, 1990, and updated on November 12, 1991, and is on file in the Office of the City Secretary, and -1- WHEREAS, the improvements shall be provided by the Hillwood Construction Company under a contract with the City of Fort Worth; and WHEREAS, $203,550 of the cost of the 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 the 26th day of November, 1991, 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 objec- tions, 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 -2- 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 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 said assessment and 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 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 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°', 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 awns 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 casts 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 -3- 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, 1992, and shall become delinquent if not paid by February 1, 1992 The entire amount assessed against each parcel of property shall bear interest from and after February 1, 1992, at the rate of 10~ per annum until paid VI If default shall be made in the payment collection thereof shall be enforced by suit competent jurisdiction, and said City shall lawful powers to aid in the enforcement and assessments VII of any assessment, in any court of exercise all of its collection of said 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 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 -4- 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 incorrectly named XI I.n 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 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 ~~~ 1991 APPROVED AS TO FORM AND LEGALITY. n _ i 1J~Pv1'Y City Attorney Date /.Z- 3 -q' / -5- ~;4SfEk~`FIfE.L ~ ACCOUNTIN0.2 TRANSPORTATION/PUBLIC .WORK.. cry of .Fort ~ortl~, nexus !~° ~E i AhMINIST~~y~,, and ~;ouncil C~armmunic rcor,o, ,,~~~ ~pp,hENT 2 REFEREN E NUMBER L NANE PA E 11/26!91 G-940 4 02BENEFI 1 of 2 .,~~ .{SUBJECT BENEFIT HEARING AND LEVYING ASSESSMENTS - IMPROVEMENTS AND/OR SERVICES IN FORT WORTH IMPROVEMENT DISTRICT N0. 2 RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance closing the benefit hearing and levying the assessments as proposed. I ORIGIN OF THE PROJECT: On November 12, 1991 (M&C G-9376), the City Council of the City of Fort Worth, Texas, directed that certain improvements and/or services (the "improvements") shall be provided in the Fort Worth Improvement District No. 2 during 1991. The District is an area within the boundaries of SH 377, Western Center Boulevard, Teal Drive and Summerfields Boulevard and is more particularly described in a boundary description and map on file in the Office of the City Secretary. IMPROVEMENTS: The improvements to be provided are as follows• 1. Landscaping and maintenance of plantings and fencing along Park Vista Boulevard and Basswood Boulevard. 2. District management for the administration and operation of the district. The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Counc i 1 on November 12, 1991, and i s on f i 1 e i n the Office of the City Secretary. The improvements will be provided by The Hillwood Construction Company, under a contract with the City of Fort Worth. PROJECT COST AND FINANCING TOTAL TO BE COST ASSESSED (a) City administration fee $ 10,000 $ 10,000 (b) Cost of maintenance 203,675 177,550 (c) Replacement reserve 5,000 5,000 (d) Operating expenses 10,000 10,000 (e) Contingency 1,000 1,000 TOTAL $229,675 $203,550 The Plan of Services and Budget adopted on November 12, 1991 is to be funded by $203,550 from assessments and $26,125 from the Hillwood Construction Company. The assessments shall be based on the square footage of each parcel times an assessment rate as determined by the City Council according to a formula outlined in the petition and budget. The City Manager has filed with the City Secretary a proposed assessment roll and an esti-mate of the assessments against each parcel. Pdrned on recrrJed inner ~~ City of Fort Worth, Texas Mayor and Council Communica.~~an QATE 11/26/91 REFEREN E NUMBER G-9404 L NAME 02BENEFI PA E 2 of 2 SUBJECT BENEFIT HEARING AND LEVYING ASSESSMENTS - IMPROVEMENTS AND/OR SERVICES IN FORT WORTH IMPROVEMENT DISTRICT N0. 2 Considering the benefits to be received from the proposed improvements, it is the opinion of the Director of the Real Property Department that each parcel of property will be enhanced in value by an amount equal to or more than the proposed assessment. Notice of the benefit hearing was made in accordance with state law. Following the hearing, the assessments on the 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 January 31, 1992 Accounts will become delinquent if not received by February 1, 1992. The entire amount assessed against a parcel of property shall bear interest from and after the first day of February, 1992, at the rate of 10 percent per annum until paid. There was 100% collection of assessments levied in 1990. Attachment - Ordinance DAI:t Su tte or C ty Manager's ff b FUND ACCOUNT CENTER ANOUNT CITY SECRETARY O ice y: to CITY COUNCIL Or g nat ng Depart~ent Nea : pted Ordinance No f . QEC 19 i rom For A t ona In oraat i on ~><c ~ Contact: ~._._.~. City Sectetasy of the Printed on re~ycied naner