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HomeMy WebLinkAboutOrdinance 10218.~ ~", ORDINANCE NO. O ~~ AN ORDINANCE APPROVING AND ADOPTING A PROPOSED SUPPLE- MENTAL ASSESSMENT ROLL AND COST ESTIMATES FOR THE IMPROVE- MENTS AND/OR SERVICES TO BE PROVIDED. IN FORT WORTH IMPROVEMENT DISTRICT NO. 1 DURING THE T988-1989 FISCAL YEAR; FIXING THE TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS AGAINST ONE HUNDRED AND THREE PARCELS OF PROPERTY IN THE DISTRICT AND THE OWNERS THEREOF, DIRECTING THE CITY SECRETARY TU GIVE NOTICE OF SUCH HEARING; 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 shall be provided in the Fort Worth Improvement District No. 1 of the City of Fort Worth during Fiscal Year 1988-1989 of the City of Fort Worth, the area of such district being described as follows: 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 and/or services to be provided shall consist of the following: (1) A maintenance and landscaping program; (2) A promotions program; (3) A security program; (4) A transportation and parking program; and (5) A management program; which improvements and/or services are fully described in the•ser- vice, improvement and assessment plan adopted by the City Council on August 30, 1988; and WHEREAS, all of said improvements and/or services shall be provided in accordance with such service, improvement and assessment plan, and a contract between the City and Downtown Fort Worth, Inc.; and ~ L WHEREAS, on September 20, 1988, the City Council held a special benefit hearing and levied assessments for the cost of such improve- ments and/or services against two hundred and ninety parcels of property in the district and the real and true owners thereof as provided ~by 1 aw ; and WHEREAS, one hundred and three parcels of property in the district were not assessed at such hearing because the values of such parcels on January 1, 1988 had not been determined, but such values have now been determined; and WHEREAS, Section 372.019 of the Texas Local Government Code (formerly Section 13, Article 1269j-4.12, V.A.C.S.) authorizes the City Council to assess omitted parcels of property and to determine the values thereof; and WHEREAS, the City Manager has prepared and filed with the City Secretary a proposed supplemental assessment roll showing the legal description, ownership, 1988 value and proposed assessments to be levied against each of such one hundred and three parcels of property and the true owners thereof for their prorata part of the cost of such improvements and services; and WHEREAS, a special benefit hearing may now be scheduled for the proposed assessments against the one hundred and three parcels of property; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: -2- .,, SECTION 1. That the proposed supplemental assessment roll and cost esti- mates be, and they are hereby, adopted and approved. SECTION 2. That it is hereby found and determined that a pro rata part of the $703,347.28 to be assessed for the cost of the improvements and/or services to be provided in the district shall be assessed against the one hundred and three parcels of property shown in the supplemental assessment roll and the true owners thereof, all of which parcels are located in the district. Such assessments shall be based on the value of each parcel of property on January 1, 1988, as determined by the City Council of the City of Fort Worth, including the value of structures 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. SECTION 3. 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 shown on the supplemental assessment roll. Such hearing shall be given and held on the 20th day of December, 1988, at 10:00 a.m. in the City Council Chambers in the City, 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 -3- Subchapter A, Chapter 372, Texas Local Government Code (formerly Article 1269j-4.12, V.A.C.S.). Such notice shall be published in a newspaper of general circulation in the City at least ten (lU) 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 of the improvement (assessment) district, 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, as shown in the supplemental assessment roll, at their last known address, a notice of the hearing which shall contain all of the information required of the notice published in the news- paper. 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 ad- dresses 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 corporation, 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 certifi- cate which shows that each of the persons shown in the list of proposed assessments was mailed a copy of the notice of hearing and -4- shall further certify the date or dates on which said notice was mailed. A copy of each notice shall be attached to such certifi- cate. The certificate of the City Secretary will be conclusive evidence of the facts therein recited. SECTION 4. That at the hearing on the proposed assessments shown in the supplemental assessment roll 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 assess- ments 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 payment of the assessments and the rate of interest thereon. SECTION 5. That the costs of the improvements and assessments against property shown in the supplemental assessment roll and located in the improvement district shall be apportioned by the City Council based on the special benefits accruing to the property because of the improvements and/or services. SECTION 6. That except as hereby amended, the provisions of Ordinance No. 10170 adopted on September 20, 1988, and the assessment rolls heretofore approved by the City Council, and the assessments and -5- ~ ~ ~~ liens levied and established pursuant to the provisions of such ordinance and assessment rolls, shall remain in full force and effect. SECTION 7. 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 complete ordinance in the ordinance records of this City. SECTION 8. 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: ~Z ~~ _ g ~ ADOPTED: ~~,,~;e,'1'~'~~j'E-6' C'~ , ~ ~ 4U EFFECTIVE: Ord6 -6- MAS fER FILE 1 ~~ ` 7j /J /7~/-'I~ ~p ACCOUNTING 2 " •ay il ~~~ U.1/ ®~ Jl ®d ~ ~®U ~0 ILA 11 ~L ~'l-iL~ TRANSPORTATIONIPUBLIC WOR r)• •/~ N-fER ADMINISIRATiON 4 CITY MANAOER• DATE REFERENCE NUMBER 12-8-88 G-7845 RECOMMENDATION SUBJECT APPROVAL OF ESTIMATES AND SETTING PAGE SECOND BENEFIT HEARING FOR FORT WORTH 1 IMPROVEMENT DISTR ICT N0. 1 ' ~`_- It is recommended that the City Council adopt the attached ordinance 1) Approving the amounts to be assessed against an additional one hundred three parcels for improvements and/or services more fully described in the Pl arr of Services for the Fort Worth Improvement District No 1, which was approved by the City Council on August 30, 1988, and ~.D 2) Setting Tuesday, December, 1988, as the date for the benefit hearing for these parcels, arrd 3) Approving the attached proposed supplemental assessment rolls and authorizing notification of the property owners irr accor°dance with state 1 aw BACKGROUND Ori September 20, 1988, a benefit hearing was held regarding the assessments for the Fort Worth Improvement District No 1 Two hundred ninety parcels were assessed at that time for a total of $434,926 10 City of Fort Worth property was assessed for an additional $85,000 00 The attached is a proposed supplemental assessment roll which lists one hundred three add itiorral parcels. Values of these 103 additional parcels had not beer- determined as of August 9, 1988, and therefore, could not be considered at the September 20, 1988 benefit hearing Proposed values for these 103 parcels have now been determined as shown on the attached proposed supplemental assessment rolls and a hearing Carr be held The total amount of the assessments proposed to be levied against these parcels is $183,421 18 If City Courrc i l levies the $183,421 18 ire assessments as shown in the proposed supplemental assessment rolls for the 103 additional parcels, the total amount of the assessments to be levied for the Fort Worth Improvement District No 1 for the 1988-1989 fiscal year will be $703,347.28 (including the $85,000 00 assessment against City of Fort Worth property). mmc#5 SUBMITTED FOR IHt CITY MANAGER'S OFFICE BY R A McKinn~ ORIGINATING DEPARTMENT HEAD D Harman FOR ADDITIONAL INFORMATION CONTACT Wi 11 a Lister 6094 DISPOSITION BY COUNCIL. 4 APPROVED OTHER (DESCRIBE) pted Urdinall~ ~®. ~~>,_g APPROVED 8Y CITY COt~NCII_ ~~.~ C $ 198 .. CITY SECRETARY City Secretcuy of the Ci.p of. Port Worth, Texn.