HomeMy WebLinkAboutOrdinance 10492,ti
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ORDINANCE N0. D `~' ~~
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR A PORTION OF THE COST OF CERTAIN IMPROVEMENTS
AND/OR SERVICES TO BE PROVIDED IN FORT WORTH
IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR
1989-1990; FIXING CHARGES AND LIENS AGAINST 7 PARCELS
OF PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS
THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESS-
MENTS; 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 1989-1990 fiscal year; and
WHEREAS, the District consists of the following area:
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; and the Trinity River and the East
100 and East 200 blocks of Bluff Street on the north;
and
WHEREAS, the improvements to be provided and the costs
thereof are as follows:
PROPOSED ASSESSMENTS
TOTAL APPROVED
TOTAL ASSESSMENTS 10/24/89
COST 1989-90 FY HEARING
PROPOSED
ASSESSMENTS
1/9/90
HEARING
(a) A maintenance and
landscaping program $445,000 $326,580.00
(b) A promotions program $113,257 $108,257.00
(c) A marketing program $ 56,743 $ 56,743.00
(d) A security program $ 23,818 $ 23,818.00
(e) A transportation and
parking program $ 4,550 $ 4,550.00
(f) A management
program 150 073 $137.687.34
TOTALS $793,441 $657,635.34
(100)
$325,766.00
$ 814.00
$107,994.00 $ 263.00
$ 56,612.00 $ 131.00
$ 23,768.00 $ 50.00
$ 4,539.00 $ 11.00
$136, 572.00 $1,115.34
$655,251.00 $2,384.34
(99.6%) (0.4%)
'i
and;
WHEREAS, the proposed total of assessments for the 1989-1990
FY is $657,635.34, which represents assessments on private
property of $620,960.34 and on city property of $36,675; and
WHEREAS, a benefit hearing was held on October 3 and 24,
1989, after which assessments were levied on 384 parcels totaling
$618,576 on private property and $36,675 on city owned property.
WHEREAS, the total amount proposed to be assessed at the
January 9, 1990, benefit hearing is $2,384.34, which represents
assessments on 7 parcels of private property; and
WHEREAS, the improvements are fully described in a service,
improvement and assessment plan which was adopted by the City
Council on September 5, 1989, 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; and
WHEREAS, the assessments shall be based on the value of each
parcel on January 1, 1989, 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 supplemental assessment roll which shows the proposed
assessments against each of the 7 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
9th day of January, 1989, 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 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.
The supplemental assessment roll and estimate of assessments
which the City Manager has filed with the City Secretary is
hereby approved and adopted by the City Council.
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II.
Said hearing be, and the same is hereby, closed, and any and
all protests and objections, whether herein enumerated or not, be
and the same are hereby, overruled.
III.
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 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, 1989, as shown in
Exhibit "A" (supplemental roll} which is attached hereto and made
a part hereof, are true and correct.
IV.
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 sums 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.
V.
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.
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VI.
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.
VII.
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.
VIII.
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.
IX.
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,
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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.
X.
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.
XI.
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.
XII.
In 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.
XIII.
The assessments levied are made and levied under and by
virtue of the terms, powers and provisions of the Public
Improvement District Assessment Act, V.T.C.A., Local Government
Code Annotated, Section 372.001 et seq. Such assessments shall
be in addition to those levied by Ordinance No. 10420, adopted on
October 24, 198.9.
.
XIV.
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.
XV.
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.
5
~~
PASSED AND APPROVED this ~ day of , 1990.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date : l ~ ~ o ~ 4 0
ADOPTED • ~ - / ' / D
EFFECTIVE: ~~ ~` 9O
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ACCOUNTINQ 2 ~l./ILILM/ ®~ 1L ®p 1(~ ~®~~~,' ~~~~,~'
TRANSPORTATIQN~pUd1.IC WORIC~~61/r~ ®~ ~~ ]~ ~®~~~~ ~J ,/~®~~~~~~~~~®~
NwTER AOMINI$TRATiON 4 J\\\\VV''//ff/l~L// ~ ((~,(l{/~ (l(/~ (~/
'~•~ DATE REFERENCE suB.IECTSECOND BENEFIT HEARING AND PAGE
NUMBER
1-9-90 G-8404 LEVYING OF ASSESSMENTS FOR FORT 2
1.1llff Tll TEA ~'l ffnvr~..r ur nrnr.. ...~ .. .. . 1 Of -
FY 1989-90
RECOMMENDATION•
It is recommended that the City Council adopt an ordinance closing the
benefit hearing and levying the proposed assessments on t parcels of land
in Fort Worth Improvement District No. 1 for FY 1989-90. ~~+--~
DISCUSSION:
~~r~-~
The total amount proposed to be assessed/at the January 9, 1990 hearing is
~a,38~ 3 5~;4~5; which represents assessments on parcels not included in the)
first benefit hearing held on October 3 and 24, 1989. These ea.g3~~ parcels
were not on the tax rolls as of September 11, 1989 when the first benefit
hearing was set.
IMPROVEMENTS.
The improvements to be provided by the District and the costs thereof are as
follows
TOTAL
COST
PROPOSED ASSESSMENTS
TOTAL APPROVED
ASSESSMENTS 10/24/89
1989-90 FY HEARING
PROPOSED
ASSESSMENTS
1/9/90
HEARING
(a) A maintenance and $445,000 $326,580.00 $325,766.00
landscaping program
(b) A promotions 113,257 108,.257.00 107,994.00
program
(c) A marketing program 56,743 56,743.00 56,612.00
(d) A security program 23,818 23,818.00 23,768.00
(e) A transportation & 4,550 4,550.00 4,539.00
parking program
(f) A management 150,073 X8'7--35' 136,572.00
program ~~r? ~3,r fG
$ 814.00
263.00
131.00
50.00
11.00
--~--2~s: 7~s~
a
TOTALS $793,441 ;~~- $655,251.00 Q ',"3~ ~3-
(100%) (99.6%) (0.4%)
~~~,,
z~ :,~,
The improvements are fully described in a service, improvement and assessment
plan which was"adopted by the City Council on September 5, 1989, and is on
file in,-.the Offi;ce of the City Secretary. The improvements will be provided
by Downtown Fort Wor1th, Inc., under a contract dated October 1, 1989.
i~ 'e
i' I ~{
'~~.. ~ i ~' { ~ d:
;1 F
DATE REFERENCE
NUMBER s~EVYING OF ASSESSMENTS FOR FORT 2 PAGE 2
1-9-90 G-8404 WORTH IMPROVEMENT DISTRICT N0. 1 ~f J" '
--FY~.~89=90- -- -
PROJECT COST AND FINANCING:
~-5~;~5 of the cost of improvements shall be assessed against property
located in the district and the owners of the property. The .assessments
shall be based on the value of each parcel on January 1, 1989, 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.
~
~
On October 3 and 24, 1989 (M&C G-8255), the City Council eld a special
benefit hearing and adopted Ordinance No. 10420. This rdinance levied
assessments in the total amount of $655,251.00 against various parcels of
property in the district. The values of the remaining t parcels have
been appraised and certified by TAD. On December 19, 1989 (M&C G-8369), the
City Council approved the final supplemen al •as.sessment roll and estimated
amounts to be assessed against the ~~-~arc°'`r`e~; setting January 9, 1990 as
the date for a special benefit hearing. It is proposed that a total of
$sbe assessed agai nst these .~#t parcels.
~~, 38~. 3~ ~~--.
Based on the appraised value of the property, considering the benefits to be
received from the proposed improvements, it is the opinion of the City staff
that each parcel of property will be enhanced in value by an amount equal to
or more than the proposed assessments upon completion of the improvements in
accordance with the contract.
Property owners were advised by mail and by publication of a legal notice on
December 22, 1989, that a public hearing to consider the proposed assessments
will be held by the City Council on January 9, 1990, at 10:00 a.m. The
purpose of the hearing is to permit all persons owning property in the
district to be fully heard concerning the proposed improvements, the costs
thereof, the amounts to be assessed, the values of the respective parcels of
property, the benefits to the property because of the improvements, the
validity and adequacy of the contract, and any matter to which they are
entitled to hearing under law.
Following the hearing, the assessments shown on the proposed assessment roll,
if approved and accepted by the City Council, will be levied against the
properties shown thereon and the owners thereof. Such assessments shall
constitute a first and prior lien upon such properties and a personal
liability of the real and true owners thereof and shall be payable upon
receipt of billing. Accounts will become delinquent if not received by
February 28, 1990. The entire amount assessed against a parcel of property
shall bear interest from and after the first day of March, 1990, at the rate
of 10 percent per annum until paid.
APPROV~'D BY
D.AI•k/6
SUBMITTED FOR THE
GER'S
I
A
O
,]~~', [~J.~~..~g~
DISPOSITI
CIL. °^~
ROCESSED BY
O
FFICE
BY
g~ 11 Wood x6122 ^
APPROVED
ORIGINATING ^ OTHER (DESCRIBE~AN 9 1990
DEPARTMENT HEAD TOro Higgin$ x6192 CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT F(~/~'(~/J
~"~ '
~L`TE
. ~~
,.
Adopted Ordinance No. !4 9~ City Seczetazp of the
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