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HomeMy WebLinkAboutOrdinance 10698~ et ORDINANCE N0. ~ / AN ORDINANCE ORDERING AND PROVIDING FOR CERTAIN IMPROVE- MENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 1 DURING THE 1990-91 FISCAL YEAR; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST PROPERTIES AND THE OWNERS THEREOF FOR THE COST OF SUCH IMPROVEMENTS AND/OR SERVICES; APPROVING AND ADOPTING A PROPOSED ASSESSMENT ROLL AND COST ESTIMATES FOR SUCH IMPROVEMENTS AND/OR SERVICES; FIXING THE TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS AGAINST EACH PARCEL OF PROPERTY IN THE DISTRICT AND THE OWNERS THEREOF; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING AND TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID IMPROVEMENTS AND/OR SERVICES ARE AND SHALL BE PURSUANT TO THE PUBLIC IMPROVEMENT DISTRICT ASSESSMENT ACT, V.T.C.A., LOCAL GOVERNMENT CODE, SECTION 372.001 ET SEQ.; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That the improvements and/or services described in the ser- vice, improvement and assessment plan for the 1990-1991 fiscal year, which plan was approved and adopted by the City Council on September 25, 1990, will confer a special benefit on property locate in the Fort Worth Improvement District No. 1 of the City of Fort Worth, the area of such district being described as fol- lows: The area bounded by Jones Street on the east; Lancaster Avenue on the south; Texas Street, Macon Street, Fourth Street, Burnett Street, Belknap Street and Taylor Street on the west; the Trinity River and the East 100 and East 200 blocks of Bluff Street on the north. That the improvements and/or services to be provided shall con- sist of the following: i r (1) a maintenance and landscaping program; (2} a promotions program; (3) a marketing program; (4) a security program; (5) a transportation and parking program; and (6) a management program. That such improvements and/or services are more fully described in said service, improvement and assessment plan. II. That the cost of such improvements and/or services shall be paid for as follows: A. All of the cost of the improvements and/or services will be paid by either: special assessments against real property and structures or other improvements thereon in the district, con- tracts with the city, or revenues from district projects. The estimated amount of proposed assessments is shown in the adopted service, improvement and assessment plan. B. The amounts payable by the properties in the district and the real and true owners thereof shall be assessed against such properties and the real and true owners thereof and 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 pay- able as follows: (1) The sums assessed against properties in the dis- trict and the real and true owners thereof shall be and become payable on or before the 1st day of January, 1991. (2) The entire amount assessed against a particular parcel of property shall bear interest from and after the 1st day of February, 1991, at the rate of 10~ per annum until paid. 2 c. It is specifically provided that no assessment shall in any case be made against any property or any owner thereof in excess of the special benefits to property in the enhanced value thereof by reason of such improvements and/or services, as ascer- tained at the hearing provided by law, nor shall any assessment be made in any case until after notice and hearing as provided by law. III. That if default be made in the payment of any assessment, then, at the option of the City of Fort Worth, the entire amount of such assessment shall be and become immediately due and pay- able, together with interest, the expense of collection, and reasonable attorney's fees, if incurred, all of which, as well as principal and interest on the assessment, shall be a first and prior lien against the property assessed, superior to all other liens and claims, except liens for claims for state, county, school district or city ad valorem taxes, and is a personal liability of and charge against the owners of the property regard- less of whether the owners are named. That no error or mistake in naming any owner or describing any property or in any other matter or thing shall invalidate any assessment, and the omission of any property or improvements exempt by law from a lien of special assessment shall not invalidate any assessment levied. The lien is effective from the date of the ordinance levying the assessment until the assessment is paid and may be enforced by the governing body in the same manner that an ad valorem tax lien against real property may be enforced by the City of Fort Worth. 3 IV. That the improvements and/or services provided for herein shall be made and provided, notice given and a hearing held and assessments levied and all proceedings taken and had in accor- dance with the Public Improvement District Assessment Act, V.T.C.A., Local Government Code, Section 372.001 et seq., and the ordinances of the City of Fort Worth. V. That in making assessments, if the name of the owner be unknown, it shall be sufficient to so state the fact, and, if any property be owned by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the correct name of the owner but the real and true owners of the property mentioned shall be liable and the assessments against the property shall be valid. VI. That the proposed assessment roll which the City Manager has heretofore filed with the City Secretary, showing estimates of the cost of such improvements andlor services to be assessed against each parcel of property in the district and the real and true owners thereof, is hereby adopted and approved. VII. That it is hereby found and determined that $546,677.00 (not including $50,916 to be assessed against property of the City of Fort Worth) of the cost of such improvements and/or services shall be assessed against the property located in the district and the true owners thereof. Such assessments shall be based on 4 the value of each parcel of property as determined by the City Council of the City of Fort Worth, including the value of struc- tures or other improvements on the property, with the assessment on each parcel to be determined by applying a rate of 8.0 cents for each $100.00 of value of such parcel, as determined by the City Council. That approximately nine (9) accounts which were on the 1989 assessment rolls are not reflected in the 1990 rolls and are still under consideration by the Appraisal Review Board of Tarrant Appraisal District. That benefit hearings for any omitted parcels will be scheduled at a later date. VIII. That the City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice of these proceedings pursuant to the Public Improvement District Assessment Act. IX. That a public hearing shall be given and held by and before the City Council of the City of Fort Worth, Texas, to consider the proposed assessments. Such hearing shall be given and held on the 30th day of October, 1990, at 10:00 a.m. in the City Council Chambers in the City Hall, 1000 Throckmorton, Fort Worth, Texas, and the City Secretary is hereby directed to give or cause to be given notice of the time and place of such hearing and of other matters and facts in accordance with the Public Improvement District Assessment Act, V.T.C.A., Local Government Code, Section 372.001 et seq. Such notice shall be published in a newspaper of general circulation in the city at least ten (10) 5 i, days before the hearing and shall state the date, time and place of the hearing, the general nature of the improvements and/or services, the boundaries cf the improvement (assessment) dis- trict, and that written or oral objections will be considered at the hearing. The City Secretary shall also mail to the owners of property liable for assessment, at their last known address, a notice of the hearing which shall contain all of the information required of the notice published in the newspaper. The failure of a property owner to receive the notice does not invalidate the proceedings. Such personal notices shall be deposited in the United States mail at least ten (10 ) days before the date of the hearing, postage prepaid, in envelopes addressed to the owners of the property, as the names of such owners are shown on the current tax rolls of the City of Fort Worth, and at the addresses ~ so shown, or if the names of such owners do not appear on the tax rolls, or cannot readily be ascertained, no notice need be mailed. In those cases where the owner is shown to be an estate or corpo- ration, the notice shall be addressed to the estate or corpora- tion. In this connection, the City Secretary shall prepare and file or cause to be prepared and filed with these proceedings a certificate which shows that each of the persons shown in the list of proposed assessments was mailed a copy of the notice of hearing and shall further certify the date or dates on which said notice was mailed. A copy of each notice shall be attached to such certificate. The certificate of the City Secretary will be conclusive evidence of the facts therein recited. 6 ;} ~. ~ X. That at the hearing on the proposed assessments or at any adjournment of the hearing, the City Council shall hear and pass on all objections to each proposed assessment. The City Council may amend the proposed assessments as to any parcel. When all objections have been heard and action has been taken with regard to them, the City Council, by ordinance, shall levy the special assessments on the property and shall specify the method of pay- ment of the assessments and the rate of interest thereon. XI. That the costs of the improvements and assessments against property in the improvement district shall be apportioned by the City Council based on the special benefits accruing to the prop- erty because of the improvements and/or services. XII. That the City Secretary is hereby directed to engross and enroll this ordinance by copying the caption and effective date of same in the minutes of the City Council and by filing the com- plete ordinance in the ordinance records of this City. XIII. That this ordinance shall take effect and be in full force and effect from and after the date of its passage. APPROVED AS TO FORM AND LEGALITY: City Attorney Date • ` 0 ~ l ~ ~ ~ b ADOPTED : ~ 0 ~ ~ ~ V / EFFECTIVE: ID ` ~L ` ~~ 7 DATE REFERENCE SUBJECT APPROVAL OF ESTIMATES AND PAGE NUMBER 10-16-90 G-8863 SETTING BENEFIT HEARING FOR )0(_1___ N0. 1 RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance: 1. Declaring the. need for and ordering various improvements and/or services to be provided in Fort Worth Improvement District No. 1 during the 1990-91 fiscal year; 2: Approving the estimates of costs and amounts to be assessed for such improvements and/or services; 3. Setting October 30, 1990, as the date for the special benefit hearing; and, 4. Making provisions for levying assessments, approving the attached pro- posed assessment roll and authorizing notification of the property owners in accordance with state law. BACKGROUND: On September 25, 1990 (G-8820), the City Council approved the fiscal year 1990-91 Budget and Plan of Services for Fort Worth Improvement District No. 1. The approved budget includes $597,593 in assessments against property within the district. This includes $546,677 in private property assessments and $50,916 in assessments against City-owned property. The proposed assessment rolls reflect the current 1990 accounts and a pro- posed assessment based on a rate of $.08 per $100 assessed valuation. Approx- imately 9 accounts which were on the 1989 assessment rolls are under con- sideration by the Appraisal Review Board and are not reflected on the 1990 rolls. A benefit hearing for these accounts will be scheduled at a later time. DAI:c 02distl APPROVED ~`Y` u ~ l" ~ a i91~~ a~ SUBMITTED FOR I Ht CITY MANAGER'S Ruth Ann McKinney 6125 OFFICE BY ORIGINATING DEPARTMENT HEAD Ruth Ann McKinney 6125 FOR ADDITIONAL INFO EITION CONTACT `~i rk Bednar 6102 DISPOSITION BY JNA61 `j~/py~ ^ APPROVED ^ OTHER (DESCRIBE) PROCESSED BY CITY SECRETARY DATE