HomeMy WebLinkAboutOrdinance 10754ORDINANCE 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 1990; 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 improvements and/or services
(the "Improvements") shall be provided in the Fort Worth Improve-
ment District No. 2 during 1990; 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 establishme nt, admini-
stration and operation of the district; and
WHEREAS, the cost of such improvements is as follows:
TOTAL TO BE
COST ASSESSED
(a) Expense of establishing the district 5 20,000 $ 20,000
(b) Cost of maintenance 221,335 125,052
(c) Replacement reserve 5,000 5,000
(d) Expense of administration/operation 10,000 10,000
(e) Contingency 1,000 1,000
TOTAL 5257,335 5161,052
;and
WHEREAS, the improvements are fully described in a service,
improvement and assessment plan which was adopted by the City
Council an November 27, 1990, and is on file in the Office of the
City Secretary; and ~,.,
OE~'BC~A1 ~ECORg
S~C~E~ARY
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1
WHEREAS, the improvements shall be provided by The Perot
Group under a contract with the City of Fort Worth, and
WHEREAS, $161,052 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 Hillwood Development 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 18th day of December, 1990, 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 assess-
ments herein levied shauld 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
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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 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 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 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 A copy of
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this ordinance may be filed with the County Clerk of Tarrant
County, Texas, and when so filed shall constitute complete and
adequate Iegal 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 3I, 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 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
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
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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
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
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
be
to
The City Secretary is hereby directed to engross and enroll
this ordinance by copying the caption of same i.n 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 from and after the date
ordained /
PASSED AND APPROVED this ! ~~~~
effect and be in full force and
of its passage and it is so
day of ~C~ /~~~~ 1990
APPROVED AS TO FORM AND LEGALITY'
City Attorney
Date
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MA6FP(f FIL~•i
TRANfiPORI`1aT1011i~PUE1LIC .WORD{/~p6Y °'Hn~ ~()~// ,
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ECONOM1IiC DEVLLQ -.:`_':.~_. ~.__...... _._,' ~~~yyy .. - -. - ..__ _-- _ _. - _
ogre RepEREr~cE sueaecT: BENEFIT HEARIN .AND E,VYIN,. PACE
L1 ~ NUM4ER ,ASSESSMENTS -IMPROVEMENTS AND/OR 2
12-:~$-g0 0-89,74 SERVICES IN. .FORT WORTH IMPROVEMENT iof
RECOMM,~NDATION:
It i~s recommended that .an ordinance be adopted closing the benefit hearing
and levying the assessments as proposed.
ORIGIN OF THE ~ROJ,ECT:
Qn November 27, g99O (M~IG G~$930), the City Council of the City of Fort
Worth, Texas,. dhrected that :certain improvements and/or services (the
"improvement's") shall be provided in the Fort Worth Improvement District
No, ~, during ~9g0. The District is an area within the boundaries of
SM 377, Western Center Boulevard, Teal Drive and Summerfields Boulevard and
as more particularly described in a boundary description and map on file in
the Office of the City Secretary. ,
IMRROV~MEN9'S:
The improvements to be provided are as follows:
1. Landscaping, ennstructon and maintenance of plantings and' fencing
along Park Vista Boulevard and Basswood Boulevard.
2, pistrict management for the establishment, administration and opera-
tion of the district.
The improvements. are fully described in a service,. improvement and assess-
ment plan which eras adopted by the, City Council on November 27, 1990, and.
is on. file in the Office of the City Secretary. The improvements will be
prov ided by The Perot O-reap, under a. contract with the City of Font Worth.
PROJ ECT COST ND FINANCING:
TOTAL TO BE
COST ASSESSED
(a) Expense of es,ta411shing; the district $ 20,000 $ 20,000
(b) Cost of maintenance 22'1,335 125,0'52
(c~ replacement reserve 5,000 5,000
(d) Expe~n a of adminsit.ra,tion/op.erat,io~n 10,010 10,.000
('e) Conti ngeney 10'00 1 000
1'(}TAC. $2:57, 33'5 $161, 052
Th;e Flan of Serv~i.ces a;r~d ~u~d'g,e,t a~d'o,pt.ed' on. November 27, 1990 is to be.
fund~e.d' by $161,052 from. assessmentsa ands $96,28' from:. Th.e P~e:rot G'.roup,.. The
a~sse~sa;menvs, sbal,l be b~aa,ed` Q;n t,h:e squ~a,re foot.ag,e of each pa.r.ce11 times an
DATE REFERENCE
NUMBER SUBJECT.
ASSESSMENTSA- I"MPROVEMENTS AND/OR PAGE
2 2
12-18-90 G-8974 SERVICES IN FORT WORTH IMPROVEMENT' °`
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 estimate of the assess-
ments against each parcel.
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 public hearing was made in accordance with state law.
Following the hearing, the assessments shown on the attached 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, 1991. Accounts will become delinquent if not received
by February 1, 1991. The entire amount assessed against a parcel of
property shall bear interest from and after the first day of February,
1991, at the rate of 10 percent per annum until paid.
DAI:c
02tea12
RPPROVED BY
CITY COUNCIL
DEC 18 1990
SUBMITTED FOR THE
CITY MANAGER'S G
61 DISPOSITION BY COUNCIL:
2 ~P/3(7L''r~gul?,~Y
OFFICE BY Mike Groomer ^ APPROVED
ORIGINATING
DEPARTMENT HEAD: TOm Higgins 61 ^ OTHER (DESCRIBE) ~t
2 Ado ted Ordinance NO ~6'r ~ Secletal[S( of the
of~t~~'t~E®fi~T~~`
FOR ADDITIONAL INFORMATION
CONTACT Ann Di vel ey 61
D
DATE