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HomeMy WebLinkAboutOrdinance 10967ORDINANCE 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 NO. 1 DURING FISCAL YEAR 1991-92; FIXING CHARGES AND LIENS AGAINST 356 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 "Improvements") shall be provided in the Fort Worth Improvement District No. 1 during the 1991-92 fiscal year; and, WHEREAS, the District consists of the following area: The area bounded by Jones St. on the east; Lancaster Ave. on the south; Texas St., Macon St., Fourth St., Burnett St., Belknap St. and Taylor St. on the west; and the Trinity River and the east 100 and east 200 blocks of Bluff St. on the north; and, WHEREAS, the improvements to be provided and the costs thereof are as follows: PROPOSED TOTAL TOTAL ASSESSMENTS COST 1991-92 FY (a) A maintenance and $400,381 $300,797.00 landscaping program (b) A promotions program 78,140 49,319.00 (c) A marketing program 51,235 49,235.00 (d) A security program 20,975 20,975.00 (e) A transportation & 3,990 3,990.00 parking program (f) A management 155,500 142,000.00 program TOTALS $710,221 $566,316.00 WHEREAS, the proposed total of assessments for the 1991-92 fiscal year is $566,316.00, which represents assessments on private property of $515,400 and on city property of $50,916; and, a WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on October 1, 1991, 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 1991-92; and, WHEREAS, the assessments shall be based on the value of each parcel on January 1, 1991, 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 8.0 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 356 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 26th day of November, 1991, at 10:00 a.m., in the Council Chamber in City Hall in the City of Fort Worth, Texas, and at such hearing no 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 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: I. Said hearing be, and the same is hereby, closed and the said protests 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 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 in 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, 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" 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. 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. 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. 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 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 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. 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 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 assessments, is, in accordance with the laws 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. 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. 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). 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. 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=~~day o r 1991 APPROVED AS TO FORM AND LEGALITY D~Pvr7 ity Attorney r Date: J2- 3 - 4'~ ADOPTED: EFFECTIVE: MA$ fER FILE 1 ACCOUNTIN3 2 City of Fort worth, Texas TRANSPORTA,'ION~PUBLIC WORKE.9 • • • v~.,.Efr ADMIYI$,R~~ or and ~;ouncd nZc y l.e1V /CITY RECOMMENDATION. It is recommended that the City Council take the following actions concerning Public Improvement District No. 1: 1 Hold a public hearing regarding the proposed property assessments for Fiscal Year 1991-92, and 2. Close the public hearing, and 3. Adopt the attached ordinance which levies the proposed assessments, and 4 Authorize the City Manager to pay the City's total assessment of $50,916 DISCUSSION: On October 1, 1991, the City Council held a public hearing and adopted M&C G-9325 which directed that certain improvements and/or services (the "improvements") shall be provided in Fort Worth Improvement District No. 1 during the 1991-92 fiscal year. The improvements to be provided and the costs thereof are as follows• PROPOSED TOTAL TOTAL ASSESSMENTS COST FY 1991-92 1 A maintenance and $400,381 300,797 landscaping program 2. A promotions program 78,140 49,319 3. A marketing program 51,235 49,235 4 A security program 20,975 20,975 5. A transportation and parking program 3,990 3,990 6. A management program 155,500 142,000 TOTALS $710,221 $566,316 The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on October 1, 1991, and is on file in the office of the City Secretary. $515,400 of the cost of improvements. shall be assessed against private property located in the district and the owners of the property In addition, $50,916 of the cost of improvements shall be assessed against City property within the District The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel uhi~ rt~r~rt~nrr~ nur~u~n G_9405 ~~~ ~~~'~~~ 02DISN01 1 Of 2 aGER 1 11/26/91 SUBJECT BENEFIT HEARING AND LEVYING ASSESSMENTS FOR FORT WORTH IMPROVEMENT DISTRICT N0. 1 Prirrted on recycled paper ~zty of Fort Arorth, Texas Mayor and ~u~u l Communication DATE 11/26/91 REFEREN E NUMBER G-9405 LOG NAME 02DISN01 PAGE 2 of 2 SUBJECT BENEFIT HEARING N0. 1 AND LEVYING ASSESSMENTS FOR FORT WORTH IMPROVEMENT DISTRICT 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• The Director of Fiscal Services certifies that funds required for payment of the City's assessment obligation are available in the current operating budget, sus appropriated, of the General Fund DAI:z Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to APPROVED Bu GS87 411052 00210009200 $50,91 j~rV nt 6 ~ ~®~ C ~ Originating Department Nea 0 ~~ P Ordinance N o, ' ®EC from 199! GGO1 538070 0905800 50,91 For A t ono In ormat i on ~ ~~ " 7~ Contact v ~.. Ci!s SecratQrc• o: ;he ..~y of ror, worn, ~rexa~ Printed on reLyycled paper