HomeMy WebLinkAboutOrdinance 10781ORDINANCE N0.
AN ORDINANCE AMENDING THE 1990-91 ASSESSMENT ROLLS AND
ASSESSMENT ORDINANCES FOR FORT WORTH IMPROVEMENT
DISTRICT NO. 1 TO REDUCE THE ASSESSMENT AGAINST DNE
PARCEL OF PROPERTY OF BODOM, N.V.p DIRECTING THE CITY
SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCEp AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Fort Worth has
heretofore directed that certain improvements andlor services
(the "Improvements"? be provided in the Fort Worth Improvement
District No. 1 (the "District") in the 1994-91 fiscal year; and
WHEREAS, the City Council held a special benefit hearing and
levied assessments against parcels of property in the District
and the owners thereof far a portion of the cost of such
Impravements in the 1990-91 fiscal year, which assessments were
levied by the Council pursuant to the Public Improvement District
Assessment Act, V.T.C.A,, Local Government Code, Section 372.001
et seq.; and
WHEREAS, such assessments were levied by the City Council
through the adoption of an assessment roll and an assessment
ordanances and
WHEREAS, the amount of such assessments was based on the
appraised value of the parcels of property as determined by the
Tarrant Appraisal District on January 1, 1990p and
WHEREAS, Hodom, N.V.
Tarrant Appraisal District
County, appealing from the
Tarrant Appraisal District
Addition, (Account No, 013
Bodom, N.V, and is loeated
filed suit No. 67-130092-90 against
in the 67th District Court of Tarrant
1990 appraised values established by
far B1oc0~ 6, Lot 5, Hirschfield
12941>, which property is owned by
in the Districts and
WHEREAS, judgment was entered in such suit and the judgment
reduced the appraised value of said parcel of property and
WHEREAS, it is necessary to amend the assessment roll and
assessment ordinance which levied the 1990 assessments against
such property and the owners thereof to reflect the new appraised
value established by the 67th District Court and the assessment
based thereon;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXASQ
I.
That the assessment roll and ordinance which levied
assessments against parcels of property and the owners thereof on
behalf of Fort Worth Improvement District No. 1 for the 1990-91
fiscal year be and is hereby amended by changing the assessment
levied against the following parcel of property and the owners
thereof to read as follows:
Legal Property Appraised
Acct./Owner Descr_ption Location Value Assessment
01312901 Hirschfield 7th St. ~3~660~000 ~ 2~928.0O
Bodoni, N.V. Bik b Lot 5 at Lamar
II.
That the sums so assessed against the respective parcels of
property and the owners thereof shall become due and payable upon
receipt by the owner of a written notice from the City and shall
become delinquent if not paid by March 15A 1991. Any amount due
on such assessments shall bear interest from and after the date
of delinquency, at the rate of ten percent (10'/) per annum until
paid.
b I ~ w
That except as heretofore and hereby amended the assessment
roll and assessment ordinance approved and adopted by the City
Council for Fort Worth Improvement District No. 1 for the 1990-91
fiscal year shall remain unchanged and shall continue in full
force and effect.
IV.
The City Secretary is hereby directed to engross and enroll
this ordinance by copying the caption of same in the Minute Hook
of the City Council of Fort Worth, Texas, and by filing the
complete ordinance in the ordinanee records of said City.
VD
This ordinance shall take effect and be in full force and
effect from and after the date of its passages and it is so
ordained.
PASSED AND APPRQVED this day of ~ 199fl
APPRCIVED A5 TO FORM AND LEGALITY
~.~ ~w
City Attorney
Date: ~' P 3 Q ~
ADCIPTED e _ ~,^~~
EFFECTIVEa
BODOM, N.V.
VS.
.. ~
NO. 67-130092-90
Plaintiff,
TARRANT APPRAISAL DISTRICT and
TARR.ANT APPRAISAL REVIEW BOARD
Defendants.
IN THE DISTRICT COURT OF
)
TARRANT COUNTY, TEXAS
)
) 67TH JUDICIAL DISTRICT
p,GREED JUDGMENT
On th? s dale; care before the Court this ca'~se iYii ai3lCh BOuOiri,
N.V. is Plaintiff and TP.RRANT APPRAISAL DISTRICT and TARRANT
APPRAISAL REVIEW BOARD are Defendants. The parties appeared
through their attorneys of record and announced to the Court that
all of the matters in dispute between them have been fully and
finally resolved by their agreeing to compromise uncertain and
disputed claims upon the terms which are set out herein. The Court
finds that the compromise is fair and proper and orders the
following:
It is ORDERED, ADJUDGED AND DECREED that the appraised value
as of January 1, 1990 of the property which is the subject of the
following Tarrant Appraisal District Account is hereby fixed at the
following amount:
Account 01312901 $3,660,000.00
It is FURTHER ORDERED, ADJUDGED AND DECREED that Tarrant
Appraisal District change the appraisal rolls and other appropriate
records for which it is responsible as necessary to reflect the
appraised values set herein.
NO. 67-130092-90
AGREED JUDGMENT Page 1
i _ _
,~~ r ~ ~
It is FURTHER ORDERED, ADJUDGED AND DECREED that Tarrant
Appraisal District advise the assessor of each taxing unit affected
by the changes on the appraisal rolls (1) to change the tax rolls
and other appropriate records for which the taxing unit is
responsible as necessary to reflect the changes in the appraised
values, (2) to prepare and mail corrected or supplemental tax bills
in the manner prescribed by Chapter 31 and Section 42.42 of the
Texas Property Tax Code, and (3) to refund to Plaintiff, in the
manner prescribed by Section 42.43 of the Texas Property Tax Code,
any taxes paid which exceed the amount of taxes for which Plaintiff
is liable as a result of the changes.
It is FURTHER ORDERED, ADJUDGED AND DECREED that each party
shall pay its own attorney's fees, expenses and court costs.
All relief not granted herein is DENIED.
SIGNED on this --,~-~ day of ~C~GGr/ , 199D.
JUDGE P IDING /
NO. 67-130092-90
AGREED JUDGMENT Page 2
APPROVED AS TO FORM AND CONTENTS:
Kelly Hill
State Bar No. 09646700
LAW, SNAKARD & GAMBILL
3200 Team Bank Building
500 Throckmorton Street
Fort Worth, Texas 76102
(817) 335-7373
ATTORNEYS FOR PLAINTIFF ~~/
N~z gODOM ~ ~ /.
~ ~~~ ~ ~ -/
Ro ert T. Miller, Jr.
State Bar No. 14134100
:HARRIS & ALDER., P.C.
1701 River Run Road
Suite 1001
Fort Worth, Texas 76107
(817) 870-2482
Telecopier: (817) 335-1539
ATTORNEYS FOR DEFENDANTS
TARRANT APPRAISAL DISTRICT AND
TARR.ANT APPRAISAL REVIEW BOARD
NO. 67-130092-90
AGREED JUDGMENT Page 3
MASrI:R Ftt.~.l
ACCOUNTING-2 ~~~~ ®~ ~®~~ ®u ~6~~ ~~~~~
TRANSPDRTATtON~PU6t-tC LNO./ V11'l.W lLJ/ ® U 'l.W~~L1V ~®LL/W~~~~ ~®~~~ IVW~~~I/`1.W~~®~ lV
NarER ADMiNISTRATtUP1 4 ~y
C~ITYAMANAGER.1'
~`.
DATE REFERENCE
NUMBER SUBJECT AMENDMENT TO PID N0. 1 FY PAGE
2-12-91 **G-9031 1990-91 ASSESSMENT ROLL ,of 1.__
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance which amends the 1990-91 assessment roll for
Fort Worth Improvement District No. 1 by changing an assessment levied
against property of Bodom, N.V.; and
2. Extend the due date without interest on the adjusted assessment to March 15,
1991.
DISCUSSION:
In Cause No. 67-130092-90, in the District Court of Tarrant County, Bodom, N.V.
appealed the 1990 tax valuation set by the Tarrant Appraisal District for
Account No. 01312901. An agreed judgment was entered in the suit and the City
Tax Assessor/Collector is amending the City tax rolls to reflect the new
values. The District Court judgment lowered the 1990 valuation from
$4,239,498.00 to $3,660,000.00.
The Bodom, N.V. property, which is Block 6, Lot 5 of the Hirschfield Addition,
is located within Fort Worth Improvement District No. 1 Since the FY 1990-91
assessment rolls were based upon 1990 TAD valuation, the rolls need to be
amended to reflect the reduced valuation of the Bodom, N.V. parcel
Adoption of the attached ordinance would make the following amendment to the
1990-91 assessment roll for PID No. 1:
Account: 0131-29-01-90 VALUE ASSESSMENT DUE
Bodom, N.V. Old $4,239,498.00 $3,391.60
New $3,660,000.00 $2,928.00
Since the assessments for PID No. 1 were due by January 31, 1991, it is
recommended that the due date without interest for the adjusted assessment on
the Bodom, N.V. property be extended until March 15, 1991.
DAI:t
02PIDN01
APPR01lED RY
~I~ C®~l~C~~
DEB ~2 1991
SUBMITTED FOR IHt
CITY MANAGER'S
OFFICE BY Mike Groomer 6125
DISPOSITION BY COUNCIL
^ APPROVED
~R 9,~E~~BY
__ -
ORIGINATING ^ OTHER (DESCRIBE) Cit Seczetarg of tha
DEPARTMENT HEAD• Kirk Bedndr 61D2 Ci r cC IFYntS* 1"~!R H~AF~Ni9Gq
FOR ADDITIONAL INFORMATION
CONTACT Kirk Bednar 6102 Adopted Ordinance No. /~
DATE