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HomeMy WebLinkAboutOrdinance 10170'" E J =• ORDINANCE N0. ~ot7 ~ AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT N0. 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; RESERVING 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: PROPOSED TOTAL TOTAL ASSESSMENTS COST 1988-89 FY (a) a maintenance and land- scaping program $483,708 $368,708 (b) a promotions program 152,502 143,502 (c) a security program 22,684 22,684 (d) a transportation and parking program 4,550 4,550 (e) a management program 155,627 155,627 tf) undesignated reserve 105 105 totals $819,176 $695,176 (1000 and; WHEREAS, September 20, assessments on $85,000; and PROPOSED ASSESSMENTS 9/20/88 HEARING $289,470 112,660 17 , 806 3,569 122,180 81 $545,766 (79~) the total amount proposed to be assessed at the 1988, benefit hearing is $545,766 which represents private property of $460,766 and on city property of .. WHEREAS, there are 84 parcels which are not included in the assessment roll for this hearing due to the fact that the 1988 valuations of such parcels have not yet been determined as provided by law; and WHEREAS, such additional parcels will be included in a later hearing after their 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 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, $460,766 of the cost to be assessed against 293 parcels the district and the owners of such on September 20, 1988; and of the improvements is proposed of private property located in property at the benefit hearing WHEREAS, an additional $149,410 is proposed to be assessed on the remaining 84 parcels after the 1988 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, 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 293 parcels of property to be assessed, but does not include the 84 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 the 20th day of September, 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: _2_ e, Larry Taylor, owner of the property at 1301 Calhoun Street, appeared and protested that his parcel of property will not be enhanced in value because of the improvements and/or services in the district and that no assessment should be made against him; 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 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, SE 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, protest and objections, and any and all other tions, whether herein enumerated or not, be and overruled; except, however, that the following portions of the assessment roll which pertain: changed to read as follows: Acct/Owner #0278-04-37-88 Burnett Plaza Associates #0474-17-65-88 Continental National Bank & Hunt Invest- ment LEGAL DESCRIPTION PROPERTY LOCATION Smith, Junius W. Burnett Blk.3, Lot AR Fort Worth Main Original Town Street Block 109, Lot 1 Block 109, Lots 1 - 16 closed and the said protests and objec- the same are hereby, assessments and the thereto are hereby APPRAISED VALUE ASSESSMENT $90,673,702 $50,058.00 $85,711,365 $66,000.00 -3- ~. #0517-58-44-88 Fort Worth Throckmorton $773,386 $177.18 Southwestern Edison Bldg. Street Bell Telephone Condo Blk. 5, Lot 3 3.665 CE #0068-59-09-88 Daggett's Calhoun $ 69,680 $ 27.87 Taylor, Larry Block E4 Street Lot 8 Such reductions in assessments are hereby made because the City Council finds that the values of the above parcels of property will be enhanced due to improvements in the district but only to the extent of the amounts of the assessments shown above. The following assessments and the portions of the assessment roll which pertain thereto are hereby deleted because the parcels of property have been acquired by Tarrant County: LEGAL PROPERTY APPRAISED ACCT/OWNER DESCRIPTION LOCATION VALUE ASSESSMENT #0000-34-17-88 Fort Worth W. $200,100 $160.08 Texas American Original Belknap Bank, FW Town, Street Blk. 58, Lot 28 #0000-34-25-88 Fort Worth W. $201,000 $160.80 Texas American Original Burnett Bank, FW Town, Street Blk. 58, Lot 24 The following assessment and the portions of the assessment roll which pertain thereto are hereby deleted for consideration at a later hearing when the value of the parcel of property and the proper assessment have been determined: LEGAL PROPERTY APPRAISED ACCT/OWNER DESCRIPTION LOCATION VALUE ASSESSMENT #0068-60-50-88 Daggett's Calhoun $000,000 $ .00 West Side JV Blk. E6, Lot 4 Street Block E6, Lots 4 & 3B The total number of assessments at the September 20, 1988, hearing, as shown on the assess ment roll, is hereby amended to read "290" and the total amount of the assessments is amended to read "$434,926.10". 1 -4- r 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 on January 1, 1988, as shown in Exhibit "A" 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 rate of ten percent (10~) per annum, together with reasonable -5- • - ~; v 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 follows, to-wit: The assessments shall be payable on or before October 1, 1988, 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, or as provided in any mechanic's or materialman's contract as aforesaid, 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 -6- • ;~• 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 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 amot 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- 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. Nothing herein contained shall be deemed to prevent the City Council from conducting a subsequent benefit hearing and levying assessments against the various parcels of property which have been -7- ~.-t~ ' ~• .. intentionally omitted from the assessment roll herein until the true value of such parcels on January 1, 1988 has been determined by the City Council. XVI. This ordinance shall take effect and be in full force and effect from and after the date of s passage nd it is so ordained. PASSED AND APPROVED this ~ day of , 1988. APPROVED AS TO FOR D LEGALITY: City Attorney Date : ~ "~ a' ~ _ g g ADOPTED: o~~, ~d" EFFECTIVE• ~~ Ord6 -8- ~: ._, MAS fER FILE 1; ~ -. :000UNIINC~ 2 ." ~jZt~ ~IJ~' 1L ®Y L ~®~~/{~~ ~~~~IAV~Y rtANSPDRTATiON~PU©lIC .Wp~C{(aa~~~y/J//-/~ /~({/'~'- /(J7(,/ /(/~/-~-, ~ /f ./p~~J A1'ER AOMINISTRATiUN ~ - ~~®~ ~~~ w ~~~~~`~ `~/®~~ 1L/lV~~~~IL IV®~ DATE REFERENCE SUBJECT ~tNtr I ~ NtAKlNG HIVU LtVY 11VG pncE 9/20/88 "uaneER ASSESSMENTS FORT WORTH IMPROVEMENT G-7737 DISTRICT N0. 1 FY 1988-89 1of 2 RECOPIPIENDATION It is recommended that the City Council adopt an ordinance closing the benefit hearing and levying assessments as proposed. DISCUSSION The total amount to be assessed at the September 20, 1988 hearing is $545,766, which represents assessments on private property of $460,766 and on city property of $85,000. The proposed assessment roll reflects the current 1988 account and a rate of $.08 per $100 valuation. Approximately 84 accounts which were on 1987 rolls are not reflected on 1988 rolls and are presumed to be under consideration by the TAD Appraisal Review Board (ARB). Benefit hearings f or any parcels not on the current 1988 roll will be included in a later hearing after values have been determined by the TAD ARB. ORIGIN OF THE PROJECT On August 30, 1988, (M&C G-7705), the City Council directed that certain improvements and/or services (the "improvements") be provided in the Fort Worth Improvement District No, 1 during the 1988=89 fiscal year. The District consists of the f of 1 owi ng area The area bounded by Jones Street on the east, Lancaster Avenue on the south, Texas Street, P~acon 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. IMPROVEMENTS The improvements to be provided and the costs thereof are as follows PROPOSED TOTAL ASSESSMENTS TOTAL ASSESSMENTS 9/20./88 COST 1988-89FY HEARING a) maintenance & landscaping program $483,708 368,708 289,470 b) a promotion program 152,502 143,502 112,660 c) a security program 22,684 22,684 17.,806 d) a transportation & parking program 4,550 4,550 3,569 e) a management program 155,627 155,627 122,180 f) undesignated reserve 105 105 81 totals 819.,176 695,176 545,766 (100%) (79%) DATE REFERENCE SUBJECT BENEFIT HEARING AND LEVYIN PAGE 9/20/88 NUMBER ASSESSMENTS FORT WORTH IMPROVEMENT 2 2 G-7737 DISTRICT NO,. 1 FY 1988-89 of 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 i the office of the City Secretary. The improvements will be provided by Downtown Fort Worth, Inc., under a contract dated November 7, 1986 which has been extende for the 1988-89 fiscal year. PROJECT COST AND FINANCING 460,766 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 assessment on each parcel t o be determined by applying a rate of 8.0 cents for each $100 of property value, The City Manayer 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 84 accounts after the 1988 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, consideriny 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 t o 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 9, 1988, that a public hearing t o consider the proposed assessments will be held by the c;ty Council on September 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 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 the first day of October, 1988. Accounts will become delinquent if not received before February 1, 1989. The entire amount assessed ayainst 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. A~PPROItED B AL D /s f • 3 ~~'~'~ ~Q~`~~ Attachment CEP ~Q 19~ SUBMITTED FOR THE CITY MANAGER'S D id I DISPOSITION BY COUNCIL: ^ APPROVED ~C~&SE D 8 Y OFFICE BY vory av ' J+~~"v` ...i . 1 ORIGINATING ^ OTHER (DESCRIBE) _.. DEPARTMENT HEAD• DOUgI aS Harman CIT,Y_SECRET FOR ADDITIONAL INFORM TION 6130 T CT A ~ivele ~ ~ '~ ~ ~ ,lly Of Ott ~'OIS~ls Z' DATE y CON A _ ( ~ ~ KGB