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HomeMy WebLinkAboutOrdinance 10231~~Q~c~~ -~ ORDINANCE NO. Q231 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 1988-1989; FIXING CHARGES AND LIENS AGAINST PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; RESERV- ING 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 1988-1989 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: TOTAL TOTAL ASSESSMENTS COST 1988-89 FY (a) a maintenance and landscaping program $483,708 $373,216 (b )' a promotions program 152,502 145,203 (c) a security program 22,684 22,935 (d) a transportation and parking program 4,550 4,579 (e) a management program 15.5;627 157,308 (f) undesignated reserve 105 106 totals $819,176 $703,347 (100°x) ASSESSMENTS APPROVED 9/20/88 $275,890 107,339 16,967 3,398 116,253 79 $519,926 (74°x) ASSESSMENTS 12/20/88 Hearing $ 97,326 37,864 5,968 1,181 41,055 27 $183,421 (26%) and; WHEREAS, the proposed total assessments for the 1988-89 FY are $703,347 which represents assessments on private property of $618,347 and on city property of $85,000; and ~> WHEREAS, a benefit hearing was held on September 2U, 1988 after which assessments were levied on 290 parcels totalling $519,926 on private property and $85,000 on city owned property. WHEREAS, 103 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, the total amount proposed to be assessed at the December 20, 1988 benefit hearing is $183,421, which represents assessments on the aforesaid 103 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 August 30, 1988, 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 November 7, 1986 which has been extended for the period from October 1, 1988 to September 30, 1989; and WHEREAS, the assessments shall be based on the value of each parcel on January 1, 1988, as determined by the City Council, in- cluding 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 assessment roll which shows the proposed assessments against each of the 103 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 -aid hearing was given and said hearing was had and held at the time and place fixed therefor, to-wit, on the 20th day of December, 1988, 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: Helen Nl. Wallace, one of the owners of the property at 312 E. Weatherford Street, appeared and protested that the said property will not be enhanced in value by means of the improvements in the district and that no charge or assessment should be made against her. 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 -2- 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 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 protest and objections, and any and all other protests and objec- tions, whether herein enumerated or not, be and the same are hereby, overruled. The protest and objection of Helen M. Wallace is hereby over- ruled, the proposed assessment on her parcel of property is hereby approved, and the City Council hereby finds that Ms. Wallace's par- cel of property will be enhanced in value by means of the improve- ments in the district by a sum in excess of the proposed assessment. 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 respec- tive parcels of property by means of the improvements in the district for which such assessments are levied, and establish sub- stantial justice and equality and uniformity between the respective owners of the respective properties, and between all parties con- cerned, 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 accor- dance 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 -3- on January 1, 1988, as shown in Exhibit "A" (proposed assessment 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 inter- est 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 r-ate of ten percent (10°s) 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 liabil- ity 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 ordi- nance 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 property and the owners thereof shall be and become due and payable as -4- s -~ follows, to-wit: The assessments shall be payable upon receipt of billing, and shall become delinquent if not paid before February 1, 1989. The entire amount assessed against each parcel of property shall bear interest from and after February 1, 1989, at the rate of 10% per annum until paid. VII. If default shall be made in the payment of any assessment, collection thereof shall be enforced by suit in any court of compe- tent 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 proceed- ings 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, i.t 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 by the City of Fort Worth, Texas, fixed and determined by deducting herein levied such amount or amoi allowed by the City Council as assessments. of the several assessments levied as hereinafter provided, shall be from the amount of any assessment ants, if any, as may hereafter be a credit against the respective X. Full power to make and levy reassessments and to correct mis- takes, errors, invalidities or irregularities, in the assessments, 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- -5- 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. 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. 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. Except as hereby amended, the provisions of ordinance No. 10170 adopted on September 20, 1988, and the assessment rolls heretofore approved by City Council and the assessments and liens levied and established pursuant to the provisions of such ordinance and assess- ment rolls, shall remain in full force and effect. 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 20th day of December, 1988. A PROVED AS TO~FO~R~K"l AN LEGALITY: ~/~Gv 1~ City Attorney Date: ~~ ~~° _c~~ ADOPTED: `a ~®- O " EFFECTIVE : ~~ -o~,~- O -6- KfASTER FILE-9 .r ACCOUNTINQ-2 ' ~~ty ~o~ J1F~~~°t W®rth, ~C~.~~~ ZRANSPORTATIOH~p11flEIC i~Yflltl~3:r ,~J ~ // ~J rn n ,~1 r~y~~ ~ q ~j ,{1~J~/ ~j ~j~) N`AiER AOh'IfNf~°'fRA't'Idfl ~l' ~flilt/ IL.J/ ®~ ~UY~~ ~®IL~V~II/~~ ~®~U // (L (l~L~ (Iill./'f,.W ~ ((i® !1 lV CITY MANABi,Ig': ~ ef~ DATE REFERENCE SUBJECT SECOND BENEFIT HEARING AND LEVY- ~ PAGE NUMBER ING ASSESSMENTS FOR FORT WORTH I lof 3 12-20-88 G-7871 IMPROVEMENT DISTRICT N0. 1 _ FY 1988-89 RECOMMENDATION It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying the proposed assessments DISCUSSION The total amount to be assessed at the December 20, 1988 hearing is $183,421, which represents assessments on the remaining 103 parcels not included in the first benefit hearing on September 20, 1988 These 103 parcels were not on the tax rolls as of August 9, 1988 when the first benefit hearing was set IMPROVEMENTS The improvements to be provided and the costs thereof are as follows ~, TOTAL ASSESSMENTS PROPOSED -- ---- ORIGINALLY ASSESSMENTS ASSESSMENTS -~""-`" TOTAL PROPOSED APPROVED 12/20/88 COST 1988-89 FY 9/20188 HEARING (a) A maintenance and $483,708 $368,708 $275,890 $ 97,326 landscaping progr am (b) A promotions 152,502 143,502 107,339 37,864 program (c) A security program 22,684 22,684 16,967 5,968 (d) A transportation and 4,550 4,550 3,398 1,181 parking program (e) A management 155,627 155,627 116,253 41,055 program (f) Undesignated 105 105 79 27 reserve $819,176 $695,176 $519,926 $183,421 TOTALS (100%) ( 74%) ( 26%) The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on August 30, 1988, and is on file in the office of the City Secretary The improvements will be provided by DATE REFERENCE suB~ECr SECOND BENEFIT HEARING AND LEVY- pacE NUMBER ING ASSESSMENTS FOR FORT WORTH 2 3 12=20-88 G-7871 IMPROVEMENT DISTRICT N0. 1 ----- °f -_-- FY 1988-89 Downtown Fort Worth, Inc under a contract dated November 7, 1986 which has been extended for the 1988-1989 fiscal year. PROJECT COST AND FINANCING One hundred eighty-three thousand and four-hundred twenty-one dollars of the cost of the 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, 1988, 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 September 20, 1988 (M&C G-7737), the City Council held a special benefit hearing and adopted Ordinance No. 10170. An ordinance was adopted which levied assessments in the total amount of $519,926 00 against various parcels of 'property in the district. The total amount of the proposed assessments on September 20, 1988 was reduced from $545,766 to $519,926. The values of the remaining 103 accounts have been appraised and certified by TAD On December 13, 1988 (M&C G-7845), the City Council approved the final supplemental assessment rolls and estimated amounts to be assessed against the 103 parcels, setting December 20, 1988, as the date for a special benefit hearing It is proposed that a total. of $183,421 be assessed against these 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 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 December 9, 1988, that a public hearing to consider the proposed assessments will be held by the City Council on December 20, 1988, 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 the proposed supplemental 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 on receipt. Accounts will become delinquent if not received before February 1, 1989. The DATE REFERENCE suB~ECT SECOND BENEFIT HEARING AND LEVY- PAGE NUMBER ING ASSESSMENTS FOR FORT WORTH 3 3 of 12-20-88 G-7871 IMPROVEME T 0 _ _. FY 1988-89 entire amount assessed against a parcel of property shall bear interest from and after the first day of February, 1989, at the rate of 10 percent annum until paid mmcl APPRO~I~D D1P' ~i~r cQC~n~e~L DEC 2Q i9g8 Ciiq SeczetarY of the City of Fort Worth, Text( SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY Ra on Gua ' rdo ^ APPROVED ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• ~OU 1 d5 Harman CITY SECRETARY FOR ADDITIONAL INFORMATION ~ nce No di d O t d DATE CONTACT t r 6094 o na r e o A