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HomeMy WebLinkAboutOrdinance 10156~. 'a .. .i f ,~. ORDINANCE NO. /0~~~ AN ORDINANCE ORDERING AND PROVIDING FOR CERTAIN IMPROVE- MENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT N0. 1 DURING THE 1988-1989 FISCAL YEAR; EXTENDING THE CONTRACT WITH DOWNTOWN FORT WORTH, INC., FOR SUCH IMPROVEMENTS AND/OR SERVICES AND AUTHORIZ- ING ITS EXECUTION; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST PROPERTIES AND THE OWNERS THEREOF FOR THE COS'P OF SUCH IMPROVEMENTS AND/OR SERVICES; APPROVING AND ADOPTING A PROPOSED ASSESSMENT ROLL AND COST ESTIMATES FOR SUCH IMPROVEMENTS AND/OR SERVICES; FIXING THE TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE PROPOSED ASSES- SMENTS AGAINST EACH PARCEL OF PROPERTY IN THE DISTRICT AND THE OWNERS THEREOF; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING AND TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID IMPROVEMENTS AND/OR SERVICES ARE AND SHALL BE PURSUANT TO THE PUBLIC IMPROVEMENT DISTRICT ASSESSMENT ACT, V.T.C.A., LOCAL GOVERNMENT CODE, SECTION 372.001 ET SEQ.; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That the improvements and/or services described in the service, improvement and assessment plan for the 1988-1989 fiscal year, which plan was approved and adopted by the City Council on August 30, 1988, will confer a special benefit on property located in the Fort Worth Improvement District No. 1 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; the Trinity River and the East 100 and East 200 blocks of Bluff Street on the north. That the improvements and/or services to be provided shall consist of the following: :, _ y . (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. That such improvements and/or services are more fully described in said service, improvement and assessment plan. II. That the cost of such improvements and/or services shall be paid for as follows: A. All of the cost of the improvements and/or services will be paid by either: special assessments against real property and struc- tunes or other improvements thereon on the district, contracts with the City, or revenues from district projects. The estimated amount of proposed assessments is shown in the adopted service, improvement and assessment plan. B. The amounts payable by the properties in the district and the real and true owners thereof shall be assessed against such properties and the real and true owners thereof and 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 as follows: (1) The sums assessed against properties in the district and the real and true owners thereof shall be and become payable on or before the 1st day of January, 1989. (2) The entire amount assessed against a particular par- cel of property shall bear interest from and after the 1st day of February, 1989, at the rate of lOg pe.r annum until paid. C. It is specifically provided that no assessment shall in any case be made against any property or any owner thereof in excess of -Z- the special benefits to property in the enhanced value thereof by reason of such improvements and/or services, as ascertained at the hearing provided by law, nor shall any assessment be made in any case until after notice and hearing as provided by law. III. That if default be made in the payment of any assessment, then, at the option of the City of Fort Worth, the entire amount of such assessment shall be and become immediately due and payable, together with interest, the expense of collection, and reasonable attorney's fees, if incurred, all of which, as well as principal and interest on the assessment, shall be a first and prior lien against the prop- erty assessed, superior to all other liens and claims, except liens or claims for state, county, school district or city ad valorem taxes, and is a personal liability of and charge against the owners of the property regardless of whether the owners are named. That no error or mistake in naming any owner or describing any property or in any other matter or thing shall invalidate any assessment, and the omission of any property or improvements exempt by law from a lien of special assessment shall not invalidate any assessment levied. The lien is effective from the date of the ordinance levying the assessment until the assessment is paid and may be enforced by the governing body in the same manner that an ad valorem tax lien against real property may be enforced by the City of Fort Worth. -3- IV. That the contract with Downtown Fort Worth, Inc., dated November 7, 1986, is hereby extended for the period from October 1, 1988, through September 30, 1989, in the sum of $794,176, to cover the improvements and/or services in the district for such period, and the City Manager is hereby directed to execute the document extending said contract in the name of the City, and the City Secretary is directed to attest such signature and impress the City seal thereon. V. That the improvements andfor services provided for herein shall be made and provided, notice given and a hearing held and assess- ments levied and all proceedings taken and had in accordance with the Public Improvement District Assessment Act, V.T.C.A. Local Government Code, Section 372.001 et seq., and the ordinances of the City of Fort Worth. VI . That in making assessments, if the Warne of the owner be un- known, it shall be sufficient to so state the fact, and, if any property be owned by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the correct name of the owner but the real and true owners of the property mentioned shall be liable and the assessments against the property shall be valid. -4- VII. x That the proposed assessment roll which the City Manager has heretofore filed with the City Secretary, showing estimates of the cost of such improvements and/or services to be assessed against each parcel of property in the district and the real and true owners thereof, is hereby adopted and approved. VIII. That it is hereby found and determined that $610,176.00 (not including $85,000 to be assessed against property of the City of Fort Worth) of the cost of such improvements and/or services shall be assessed against the property located in the district and the true owners thereof. Such assessments shall be based on the value of each parcel of property 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. That approximately 84 accounts which were on the 1987 assessment rolls are not reflected in the 1988 rolls and are still under considera- tion by the Appraisal Review Board of Tarrant Appraisal District. That benefit hearings for any omitted parcels will be scheduled at a later date. IX. That the City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice of these proceedings pursuant to the Public Improvement district Assessment Act. -5- X. 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 pro- posed assessments. Such hearing shall be given and held on the 20th day of September, 1988, at 10:00 a.m. in the City Council Chambers in the City Hall, lUUO 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 the Public Improvement Distric Assessment Act, V.T.C.A. Local Government Code, Section 372.001 et seq. Such notice shall be published in a newspaper of general circulation in the City at least ten (10) days before the hearing and shall state the date, time and place of the hearing, the general nature of the improve- ments and/or services, the boundaries of the improvement (assess- ment) 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, at their last known address, a notice of the hearing which shall contain all of the information required of the notice published in the newspaper. The failure of a property owner to receive the notice does not invali- date 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 addresses 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 corporation. In this connection, the City Secretary shall prepare and file or cause to be prepared and filed with these proceedings a certificate which shows that each. of the persons shown in the list of proposed assessments was mailed a copy of the notice of hearing and shall further certify the date or dates on which said notice was mailed. A copy of each notice shall be attached to such certificate. The certificate of the City Secretary will be conclusive evidence of the facts therein recited. XI. That at the hearing on the proposed assessments 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 assessments 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 assess- ments and the rate of interest thereon. XII. That the costs of the improvements and assessments against property in the improvement district shall be apportioned by the -7- ~° +~ .. , ," 7. City Council based on the special benefits accruing to the property because of the improvements and/or services. XIII. That the City Secretary is hereby directed to engross and enroll this ordinance by copying the caption and effective date of same in the rninutes of the City Council and by filing the complete ordinance in the ordinance records of this City. XIV. 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 : ~ r Z S -~' ~ ADOPTED: EFFECTIVE: f -~- ~eASrcrt FIL~.~y ACCOUN71Nf3..~ c~ita~ ®~' IF'®~°~ ~V®~°~~, ~C~.~~¢~ TRANSPORTA'triON~P.UBL4C.Y!!ORYiraal9//~~ /~ /]~,///7/J ~ /~ /~ ~ /~ (~/~.//J~ N,4 TER ADMINISTRATlOfd~ ~~V~®~ ~I.IV~LL.iV ~®LL/W~~l./~~ ~®~~LLJW~~~&/~lAb~lV~®~ DATE REFERENCE SUBJECT APPROVAL OF ESTIMATES AND PAGE 8/30/88 NUMBER SETTING BENEFIT HEARING FOR FORT ] lof _ **G-7697 WORTH IMPROVEMENT DISTRICT N0. 1 __ __ RECOMMENDATION It is recommended that the City Council adopt the attached ordinance: 1) Declaring the need for and ordering various improvements and/or services t o be provided i n Fort Worth Improvement Distri ct No. 1 during the 1988-1989 fiscal year, 2) Approving the estimates of costs and amounts t o be assessed for such improvements and/or services, 3} Setting September 20, 1988 as the date for the special benefit hearing; 4) Making provisions for levying assessments, approving the attached proposed assessment roll and authorizing notification of the property owners in accordance with state law, and 5) authorizing the City Manager to sign a document extending the contract with Downtown Fort Worth, Inc., to provide services and improvements during FY 1988-89. BACKGROUND The proposed Plan of Services and Budget for the third year of the Fort Worth Improvement District No. 1 (FY 1988-89) was approved by the Advisory Board on July 21, 1988 and submitted to the City Council with M&C G-7668 on August 9, 1988. M&C G-7668 set August 30, 1988 fora public hearing regarding the proposed Plan of Services and Budget. The Proposed Plan and Budget f or fiscal year 1988-89 includes $610,176 from assessments other than the $85,000 assessment of city owned property. The $610,176 is proposed to be obtained through an assessment rate of $.08 per $100 valuation, which is the same rate used in the first two years of the District. The attached proposed assessment rolls reflect the current 1988 accounts and a proposed assessment based on a rate of $.08 per $100 valuation. Approximately 84 accounts which were on the 1987 rolls are not reflected in the 1988 rolls and are presumed to be under consideration by the Appraisal Review Board. Benefit hearings for any parcels not yet on the attached roll will be scheduled later. The Council is also being requested to authorize the City Manager to sign a document authorizing an extension of the contract with Downtown Fort Worth, Inc., in the amount of $794,176 to provide the improvements and/or services during the 1988-89 fiscal year. APPROVED B Attachment C~~Y ~®~`~ • ALD/s f 3 SUBMITTED FOR IHt OIFFICEABY GER'S Davi d Ivory DISPOSITION BY COUNCIL. ^ APPROVED PRAOCESSED BY1ppp AUG ~O 19p ORIGINATING DEPARTMENT HEAD A Di vel ey G OTHER (DESCRIBE) T S RETARY FOR ADDITIONAL INFORM ION 6130 `~ Di vel e Adopted Ord~rlance No~ ~ . y CONTACT ~L