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HomeMy WebLinkAboutOrdinance 10709t ~, ,~:~ ORDINANCE NO . D'I1~ 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. l DURING FISCAL YEAR 1990-91; FIXING CHARGES AND LIENS AGAINST 360 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 RE5PECTIVE 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 1990-91 fiscal year; and, WHEREAS, the District consists of the following area: The area bounded by Jones 5t. an the east; Lancaster Ave. on the south; Texas St., Macan 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: (a) A maintenance and landscaping program (b) A promotions program (c) A marketing program (d> A security program (e> A transportation & parking program (f) A management program TOTALS PROPOSED PROPOSED TOTAL ASSESSMENTS TOTAL ASSESSMENTS 10/30/90 COST 1990-91 FY HEARING X425,912 X328,828.00 X328,018.43 ~ 85,000 ~ 48,000.00 ~ 47,8H1.83 ~ 53,000 ~ 53,000.00 ~ 52,8b9.52 ~ 21,000 $ 21,000.00 ~ 20,948.30 4,005 ~ 4,005.00 ~ 3,995'.14 ~ 152., 7E~0 ~ 142, 760.00 . ~ 142 ,.40H_. 5P X741,677 X597,593.00 X596,121.74 (100.0%) (99.75%) i a~ WHEREAS, the proposed total of assessments for the 1990-91 fiscal year is $597,593, which represents assessments on private property of X546,6?7 and on city property of X50,916; and, WHEREAS, the total amount proposed to be assessed at the October 30, 1990 benefit hearing is X596,121.74, which represents assessments against 3b0 parcels of private property and all city property within the District; and, WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on September 25, 1990, and is on file in the office of the City Secretary; and, WHEREAS, the improvements will be provided by Downtown Fart Worth, Inc., under a contract dated October 1, 1989, extended far FY 1990-91; and, WHEREAS, the assessments shall be based on the value of each parcel on January 1, 1990, 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 X100 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 360 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 `30th day of October, 1990, 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 ail 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. C7F 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. r II. The City Council, from the evidence, finds that the assessments Mervin 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 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 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, 1990 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 (1O'/.>.per arn~um, together with reasonable attorney's fees and costs of collection, if incurred, 3 {~ , ~~ 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 Gounty, 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, 1991, and shall become delinquent if not paid by February 1, 1991. The entire amount assessed against each parcel of property shall bear interest from and after February 1, 1991, at the rate of 10Y. 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 assessment. 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 assessments thereof, and is less than the proportion of the cost allowed and permitted by the law in farce 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. 4 ~; 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 Garrett mistakes, errors, invalidities or irregularities, in the assessments, is, in accordance with the laws 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 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 tthe 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 Pram and after the date of its passage and it is sa ordained. z. -{, PASSED AND APPROVED this day of , 1990 APPROVED AS TO FORM AND LEGALITY City Attorney Date: ADOPTED ~ ~~~~ ~'~ - ~~ i' l7 EFFECTIVE:~~-' ~~-~Q--- 6 -srER ~FaE••1 ~ ~~ :. s _ airy of ~o~°t Ertl; ~~~a ..:t=OUNTiN6.2 .a^ •w, ~ A"!SPORTATION/PUBLIC .W a '"' ~ `~ '`~"~ ~~ ~''` n ~~ `~ ^t ~ ~ ~ ` ~ ~ ~ ~~ A 4TER ApMINISTRATION 4 ~,~ I DATE REFERENCE sue~ECT ,BENEFIT HEARING A,ND LEVYING PAGE NUMBER ASSESSMENTS FOR FORT WORTH IMPROVE 2 10-30-90 G-8888 MENT DISTRICT N0. 1: FY 1990-91 1°f ~_ REC MMENDATION: It°;-is recommended tFiat the City Counci l adopt an ordinance closing the bene- fit Hearing and levying the proposed assessments. ORIGIN~OF-PROJECT: On September 25, 1990 (M&C G-8820)., the City Councail directed that certain improvements and/or services (the "improvements ), shall, be provided in Fort Worth' Improvement District No. 1 during the 1990-91 fiscal year: The district consists of: 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. Such an area is more particularly shown on a map which is on file in the Office of the City Secretary of the City of Fort Worth., and is made a part hereof by reference. IMPROVEMENTS: The improvements to be provided and the costs thereof are as follows: (a) A maintenance and landscaping program (b) A promotions program (c) A marketing program (d) A security program (e) A transportation and parking program (f) A management program TOTALS PROPOSED PROPOSED TOTAL ASSESSMENTS TOTAL ASSESSMENTS 10/30/90 COST 1990-91 FY HEARING $425,912 $328,828.00 $328,018.43 85,b00 48,000.00 47,881.83 53,000 53,000.00 52,869.52 21,000 21,000.00 20,948.30 4,005 4,005.00 3,995.14 1 2 7 142.760.00 142.408.52 $741,677 $597,593.00 $596,121.74 (100.0%) (99.75%) The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Counci 1 on September 25, 1990, and i s on file in the office of the City Secretary. The improvements will be provided by Downtown Fort Worth, Inc., under a contract dated October 1, 1989, and extended for the 1990-91 fiscal year. " t v~~.,: yet 1v ~ ~ i r- '4. DATE REFERENCE NUMBER SUBJECT BENEFIT HEARING AND LEVYING PAGE ASSESSMENTS FOR FORT WORTH IMPROVE- 2 2 10-30-90 G-8888 or ~OJECT COST. AND FINANCING: $545,205.74 of the cost of improvements shall be assessed against private property Tocated in the district and the owners of the property. In addi- tion, $50,916 of the cost of improvements shall be assessed against City pro- perty within the District. The assessments shall be based on the value of each parcel on January 1, 1990, as determined by the City Council, including the value of structures or other improvements, with the assessments on each parcel to be determined by applying a rate of 8.0 cents for each $100 of property value. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. An additional amount is proposed to be assessed on the remaining 20 accounts after the 1990 valuations have been certified by TAD. A benefit hearing will be set at a later time for these additional accounts. 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 Gity 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 improve- ments in accordance with the contract. Property owners were advised by mail and by publication of a legal .notice on October 19, 1990, that a public hearing to consider the proposed assessments will be held by the City Council on October 30, 1990, at 10:00 a.m. The pur- pose of the hearing is to permit all persons owning property in the district to be fully heard concerning the proposed improvements, the costs thereof, the amounts to be assessed, the values of the respective parcels of property, the benefits to the property because of the improvements, the validity and adequacy of the contract, and any matter to which they are entitled to hear- ing under law. Following the hearing, the assessments shown on the proposed assessment roll, if approved and accepted by the City Council, will be levied against the pro- perties shown thereon and the owners thereof. Such assessments shall consti- tute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable upon receipt of billing. Accounts will become delinquent if not received by January 31, 1991. The entire amount assessed against a parcel of property shall -bear interest from and after the first day of February, 1991, at the ra~~~~~~v~~ [~~rcent per annum until paid. ~~~ ~®UNCIL DAI:c 02bene OCT ~a 1990 ~~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY Ruth Ann McKi nne 6125 ~~±± Secretary of 41x DISPOSITION BY COUNC~~ ^ APPROVEDCity of For: Wozth, 3 PROCESSED BY :exaa ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• Ruth Ann MCKinne G125 CITY SECRETARY FOR ADDITIONAL INFORMATIOjJ CONTACT ~(i rk Bednar -~~~02 ;~O~~ted Ordinance N0. /~. v DATE