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HomeMy WebLinkAboutOrdinance 10420 ORDINANCE NO . l ©e ~ D 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. 1 DURING FISCAL YEAR 1989-1990; FIXING CHARGES AND LIENS AGAINST 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; DIRECT- ING 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 "Improvemen5ts") 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 there- of are as follows: PROPOSED ASSESSMENTS TOTAL 10/3/89 TOTAL ASSESSMENTS 10/24/89 COST 1989-90FY HEARING (a) a maintenance & landscaping program (b) a promotions program (c) a marketing program (d) a security program (e) a transportation & parking program (f} a management program $445,000 113,257 56,743 23,818 4,550 107,994 56,612 23,768 4,539 150,073 13903 _136,572 $793,441 $656,851 $655,251 $326,580 108,257 56,743 23,818 4,550 $325,766 and WHEREAS, the total amount proposed to be assessed at the benefit hearing on October 3, 1989, and October 24, 1989, is $655,251, which represents assessments on private property of $618,756 and on city property of $36,675; and WHEREAS, there are an additional 6 parcels which have con- tested values and will be included in a later hearing after values have been determined as provided by law; 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 under a contract with Downtown Fort Worth, Inc.; and WHEREAS, $655,251 of the cost of the improvements is pro- posed to be assessed against 383 parcels of private property located in the District and the owners of such property at the benefit hearing on October 3, 1989, and October 24, 1989; and WHEREAS, an additional $1,600 is proposed to be assessed on the remaining 6 parcels after the 1989 valuations of the property have been determined; and a benefit hearing will be held at a later time for these additional properties; 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 now filed with the City Secretary a proposed assessment roll which shows the proposed assessments against each of the 383 parcels of property to be assessed, but does not include the 6 parcels which will be assessed at a later time; 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 October 3, 1989, and October 24, 1989, at 10:00 a.m., in the Council Chamber in City Hall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit: Thomas Lang, representing G. C. Carmichael, the owner of Lots 1-16, Block K-1, Daggett Addition; Pearl Katz, representing the Max Katz Estate, the owner of Lots 1, 2, 3R, 3A and 4A, Block 12, Fort Worth Original Town; Lawrence Taylor, owner of Lot 8, Block E4, Daggett Addition; R. E. Wallace and Helen Wallace, owners of Lot lA, Block 23, Fort Worth Original Town, all appeared and protested that their respective parcels of 2 ~, ~. property will not be enhanced in value by means of the improvements in the district and that no charges or assessments should be made against them; and all desiring to be heard were given full and fair opportunity to be heard, and the City Council of the City, having fully con- sidered 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 corrected 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 with the changes indicated below. II. Said hearing be, and the same is hereby, closed and the said protests and objections, and any and all other protests and objec- tions, whether herein enumerated or not, be, and the same are hereby, overruled. III. The City Council, from the evidence, finds that the assess- ments 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 prop- erties, 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 improve- ments 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 proceed- ings of the City heretofore had with reference to said improve- ments, 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" which is attached hereto and made a part hereof, are true and correct. 3 IV. There shall be, and is hereby, levied and assessed against the parcels of property described in Exhibit "A" and 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. 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 enforce- able lien and claim against the property on which such assess- ments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except County, School District, City and other 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. The sums so assessed against the respective parcels of prop- erty and the owners thereof shall be and become due and payable as follows, to-wit: the assessments shall be payable upon receipt of a bill and shall become delinquent if not paid before February 1, 1990. The entire amount assessed against each parcel of property shall bear interest from and after February 1, 1990, at the rate of 10~ per annum until paid. 4 VII. If default shall be made in the payment of any assessment, collection thereof shall be enforced by suit in any court of com- petent 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 pro- ceedings 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. 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 prop- erty 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 andlor 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. X. 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. All assessments levied are a personal liability and charge against the real and true owners of the property described, not- withstanding 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. 5 `f XIII. The assessments levied are made and levied under and by virtue of the terms, powers and provisions of Chapter 372, Subchapter A, Texas Local Government Code. 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 com- plete Ordinance in the Ordinance Records of said City. XV. Nothing herein contained shall be deemed to prevent the City Council from conducting a subsequent benefit hearing and levying assessments against the parcels of property which have been inten- tionally omitted from the corrected assessment roll herein until the true value of such parcels on January 1, 1989, has been deter- mined by the City Council. XVI. 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. PASSED AND APPROVED this ~~l~day of ~ ~ , 1989. APPROVED AS TO FORM AND C/,-~t~/ LEGALITY: City Attorney Date . 1 0 -~ ~ ~ -~ ADOPTED. a~. ~~~ EFFECTIVE : __ lD ~p2' 1"' V / 6 pity of Fort Worth ~"e.~a~ NASfER FItE 1 J ~yf ~ . T ACCOU"TIDIG•2 ~M ®_a M~~ ~®~~ w~// ~®~~~~~ ^~~~®~ YRANSPORTATION~PUBLIC WORKS.R ~ 'YII~ i~LHW I~II/• Jl/V /4(J• WATER AqM ~~~~ ~ I "~'~T16N ` REFERENCE SUBJECT BENEFIT HEARING AND LEVYING PAGE NUMBER ASSESSMENTS FORT WORTH IMPROVEMENT 2 10-3-89 G-8255 DISTRICT N0. 1, FY 1989-90 '°f RECOPIMENDATION It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed. ORIGIN OF THE PROJECT On September 5, 1989, the City Council adopted a Resolution which re-established the Fort Worth Improvement District No. 1. During the same meeting, Council adopted the service, improvement and assessment plan (M&C C-11854) which was recommended by the Advisory Board of Fort Worth Improvement District~No. 1. The boundaries of the District are The area bounded by Jones Street on the east, Lancaster Avenue on the south, Texas Street, flacon Street, Fifth 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. Such area is more particularly shown on a map which is on file with Informal Report No. 7401 in the Office of the City Secretary of the City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas, and is made a part hereof by reference. IMPROVEPiENTS The improvements to be provided and the costs thereof are as follows PROPOSED TOTAL ASSESSMENTS TOTAL ASSESSMENTS 10/3/89 COST 1989-90FY HEARING (a) a maintenance & landscaping program $445,000 $326,580 $325,766 (b) a promotions program 113,257 108,257 107,994 (c) a marketing program 56,743 56,743 56,612 (d) a security program 23,818 23,818 23,768 (e) a transportation & parking program 4,550 4,550 4,539 (f) a management program 150,073 136,903 136,572 `•`~ '~.~~ ~'~"`"'t~ ' $793,441 $656,851 $655,251 :;rlF~;,,r~t~ ~~. .~,~~ (100 ) (99~) Tne 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. The improvements will be provided by Downtown Fort~Wo~rth, Inc., under a contract which shall be effective for the period ;f,rom.;0.ctobe'r 1, 1989, to September 30, 1990. "f ` , a . ,; - a: T DATE REFERENCE NUMBER sua~ECT BE NEF°I T HEARING AND LEVYING awcE 10-3-89 G-8255 ASSESSP4ENTS FORT WORTH IMPROVEMENT ~ 2 or Z OISTRICT NO. 1 FY 1989-90 PROJECT COST AND FINANCING: $618,576 of the cost of the improvements shall be assessed against private property located in the district and the owners of the property. $36,675 of the cost of the improvements shall be assessed against City property located in the district. 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 structure or other improvements, -vith the assessment on each parcel to be determined by applying a rate of 8.0 cents for each $100 of property value. The City Planager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. An additional amount is proposed to be assessed on the remaining 6 accounts after the 1989 valuations have been certified by TAD. A benefit hearing will be established at a later"'time for these additional properties. 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 assessment upon completion of the improvements in accordance with the contract. Property owners were advised by mail and by publication of a legal notice on September 22, 1989, that a public hearing to consider the proposed assessments will 5e held by the City Council an October 3, 1989, at 7 00 p.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 cost 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 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 receipt. All sort Worth Improvement District No. 1 .accounts will become delinquent if not received by January 31, 1990. The entire amount assessed against a parcel of property shall bear interest from and after the first day of February, 1990, at the rate of 10 percent per annum ~~nti1 paid. APPROY~D BY CITY COtJNCI~I OCT 24 1989 ~~ SUBMITTED FOR THE CITY MANAGER'S OFFICE BY P.. A. McKinne DISPOSITION BY COUNCIL. ^ APPROVEp Cit~ySee>:~cargoi PROCESSED $Y ~e ORIGINATING [) OTHER (DES 9~~~ ~~ Ze7[~ DEPARTMENT HEAL'' ~` A McKinne CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Wi 11 a Lister 6094 Q /1 ( ~~ ed t?t'dinanes No ! DATE t