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HomeMy WebLinkAboutOrdinance 10771ORDINANCE NO. /~~! AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR A PORTION OF THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO HE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 1990--919 FIXYNG CHARGES AND LIENS AGAINST 23 PARCELS OF PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH AS5E5SMENTSp RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSE55MENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY SECRETARY T® 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 andlor services, (the "Improvements") sha11 be provided an 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 b 3ones St . on the east 5 Lancaste ~~~~~ Q~~O~~~ Y Ave. on the svuth~ Texas St., Macon 5t., Fourth St. ~~ ~~CE'6A~~ Burnett St., Belknap St. and Taylor St. on the west 61 and the Trinity River and the east 100 and east 200 ~ y~~~~~, . blocks of Bluff 5t. on the north; and, ~.__.____..~..-~~.---- WHEREAS, the improvements to be provided and the costs thereof are as followse PROPOSED ASSESSMENTS PROPOSED TOTAL APPROVED ASSESSMENTS TOTAL ASSESSMENTS 14/34/90 1122/91 COST 1990-91 FY HEARING HEARING (a} A maintenance and ~425~912 4.328,828 X328,018 ~ 810 landscaping program (b) A promotions ~ 85„000 ~ 48,000 ~ 47,882 program 4c> A marketing program ~ '53,040 ~ 53,00® ~ 52,870 (d) A security program (e) A transportation ~ parking program ~ 21,000 ~ 21,000 ~ 20,948 '.~ 4,005 '.~ 4,005 ~ 3,995 4 f) A management program TOTALS 4:152a7t~0 ~14~.001 ~142~,448 X741 ~ b77 X600 , 834 4}596 p 12 1 ~ 118 130 ~ 52 ~ 14 ~ 3.593_. ~ 4$713 (0.8't) WHEREA5, the proposed total of assessments for the 1990-91 fiscal year is ~b00,834, which represents assessments on private property of X549,918 and on city property of X50,916; and, WHEREAS, a benefit hearing was held on ®ctober 30, 2990, after which assessments were levied on 3b0 parcels totaling X545,205 on private property and ~50,91~ on city owned property. WHEREA5, the total amount proposed to be assessed at the January 22, 2991 benefit hearing is X4,713 which represents assessments against 23 parcels of private property; and WHEREA5, 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 Fort Worth, Inc., under a contract dated October 1, 1989, extended for FY 1990-91; and, WHEREA5, 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 an each parcel to be determined by applying a rate of B.0 cents far each X100 of property value; and, WHEREAS, the City Manager has filed with the City Secretary a proposed assessment rall which shows the proposed assessments against each of the 23 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 22nd day of January, 1992, at 10e40 a.m., in the Council Chamber in Gity Hall in the City of Fort Worth, Texas, and at such hearing no protests and objections were made, and alI 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, HE IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT; w 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. 1 II. 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. 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, 1994 as shown in Exhibit "A'° 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 sum of money itemized in Exhibit "A" apposite 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 awns 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. 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 tiQ%) 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 Gity 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 sv 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 5um5 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 February C8, 1992, .and shall become delinquent if not paid by March 1, 1991. The entire amount assessed against each parcel of property shall bear interest Pram and after March 1, 1941, at the rate of 30'l. per annum until paid. vII. 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. of any assessment, in any court of exereise all of its collection of said 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 cast allowed and permitted by the law in farce in the City. I !\ r 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 s 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 res~uired to issue credits, and will nat do so, if same would result in any inequity and/or unjust discriminations 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. 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 awners of the property described, natwithstanding 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 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. XIII. The assessments levied are made and levied under and by virtue of the terms, powers and pravisio»s of the Chapter 372, Subchapter A, Sections 372,001 et seq. of the Loeal Government Code tthe Public Improvement District Assessment Act). XIV. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of the same in the E~inute Book of the City Council of Fort Worth, Texas, and filing the complete Ordinance in the Ordinance Records of said Gity. XtJ . 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. <~. t PASSED AND APPROVED this .G~t~ctis' `day of , 1991 APPROVED AS TO FORM AND LEGALITY City Attorney Dates ~ _ $ ~ ~ ~ ADAPTED: /~~~ EFFEGT I VE : / , MASCER FILE: d ACCOUt6TiiV~~•7 c~~~y ®f 1FF~~°t'' ~®rth, ~~.~~~ YRAft1P,POR:'itTIOPl~PUJLI.^..irlpR,+~,r,,,-; ~ Q /~ V,ATE.R A©MYNtSTRATI4PA 4 ~'L+LL~ ~(~//.®~ ~1{/~~ ~~~GD~~~~ ~~~~~~~1~~~~®~ CITY tii~~,P1f.GER=:, ~/ r~~` DgTE REFERENCE SUBJECT: a~~.vivu u~wu i ~ ~i~n~~iwu nnu ~~-v ~ PAGE NUMBER ING OF ASSESSMENTS FOR FORT WORTH 2 1-22-91 G-9009 IMPROVEMENT DISTRICT N0. 1 FY1990-91 1°f RECOMMENDATION. It is recommended that the City Council adopt an ordinance closing the bene- fit hearing and levying the proposed assessments on twenty-three parcels of land in Fort Worth Improvement District No. 1. DISCUSSION The total amount to be assessed is $4,713, which represents assessments on the remaining twenty-three parcels not included in the first benefit hear- ing held on October 30, 1990. These twenty-three parcels were not listed on the tax rolls as of October 4, 1990 when the first benefit hearing was scheduled. IMPROVEMENTS The improvements to be provided during fiscal year 1990-91 in Fort Worth Improvement District No. 1,, and the costs thereof are as follows. PROPOSED ASSESSMENTS PROPOSED TOTAL APPROVED ASSESSMENTS TOTAL ASSESSMENTS 10/30/90 1/22/91 COST 1990-91 FY HEARING HEARING (a) A maintenance and $425,912 $328,828 $328,018 810 landscaping program (b) A promotions program 85,000 48,000 47,882 118 (c) A marketing program 53,000 53,000 52,870 130 (d) A security program 21,000 21,000 20,948 52 (e) A transportation and 4,005 4,005 3,995 10 parking program (f) A management 152.760 146.001. 142.408 3.593 program TOTALS $741,677 $600,834 $596,121 $4,713 (100%) (99.2%) (0.8%) The improvements are fully described in a service, improvement and assess- ment plan which was adopted by the City Council on September 25, 1990, and is on file in the office of the City Secretary. The improvements will be provided by Downtown Fort Worth, Inc., under contract number 17438. PROJECT COST AND FINANCING: $4,713 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, 1990, as determined by the City Council, including the value of structures or other ~ ~'- DATE REFERENCE SUBJECT SECOND BENEFIT HEARING AND LEVY- PAGE NUMBER ING OF ASSESSMENTS FOR FORT WORTH 2 2 1-22-91 G-9009 IMPROVEMENT DISTRICT N0. 1 FY1990-91 °f 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 assess- ments against each parcel. On October 30, 1990 (M&C G-8888), the City Council held a special benefit hearing and adopted Ordinance No. 10709. This ordinance levied assessments in the amount of $596,121 against 360 parcels of private property and all City-owned property within the district. The values of the remaining 23 accounts have been appraised and certified by TAD. On January 3, 1991 (M&C G-8978), the City Council approved the final supplemental assessment roll and estimated amounts to be assessed against the 23 parcels, and set Janu- ary 22, 1991 as the date for a special benefit hearing. It is proposed that a total of $4,713 be assessed against these 23 parcels. 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 January 11, 1991, that a public hearing to consider the proposed assess- ments will be held by the City Council on January 22, 1991, 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, 1991. The entire amount assessed against a parcel of property shall bear interest from and after the first day of March, 1991, at the rate of 10 percent per annum until paid. ~~~~®v~~ ~Y DAI:c ~~~~ CQUNC6L 02bflevy JAN ~~ 199t ~~ SUBMITTED FOR THE Y MANAGER'S Cite SeCYBY DISPOSITION BY COUNCiI. City Ot FOrt _1~,pO t11E0S WoRYt~C"1'dXq~l BY CIT OFFICE BY Mike Groomer 6122 ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• Mike GrOOmer 6122 CITY SECRETARY FOR ADDITIONAL INFORMATION CT Kirk Bednar 6102 ~laopted Ordinance Nom D DATE CONTA