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HomeMy WebLinkAboutOrdinance 9837/~ ~? ,~ ORDINANCE N0. AN ORDINANCE APPROVING AND ADOPTING A PROPOSED SUPPLEMENTAL ASSESSMENT ROLL AND COST ESTIMATES FOR THE IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED SIN FORT WORTH IMPROVEMENT DISTRICT N0. 1 DURING THE 1986-1987 FICAL YEAR, FIXING THE TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS AGAINST FOUR PARCELS OF PROPERTY IN THE DISTRICT AND THE OWNERS THEREOF, AND TO CORRECT ERRORS IN THE ASSESS- MENTS LEVIED AGAINST THREE PARCELS OF PROPERTY IN THE DIS- TRICT, DIRECTING THE CITY SECRETARY TO 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 1986-1987 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 and Taylor Street on the west, the Trinity River and the east 100 and 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 service, improvement and assessment plan adopted by the City Council on July 22, 1986, and WHEREAS, all of said improvements and/or services shall be provided in accordance with such service, improvement and assessment plan, and a contract therefor was made and entered into by the City and Downtown Fort Worth, Inc. on November 7, 1986, and WHEREAS, on December 22, 1986, the City Council held a special benefit hearing and levied assessments for the cost of such improvements and/or services against various parcels of property in the district and the real and true owners thereof as provided by law, and WHEREAS, the following matters have remained pending since such hearing: (a) Four parcels of property in the district were not assessed because the value of such parcels on January 1, 1986 could not be determined; and (b) Three parcels of property in the district were assessed for excessive amounts because a portion of one parcel was located outside the district and all three parcels were used as part of Heritage Park; and WHEREAS, Section 14 of Article 1269j-4.12," V.A.C.S., authorizes the City Council to assess omitted parcels of property and to reassess or make new assessments against parcels where assessments are found excessive or determined to be invalid by the Council; and WHEREAS, the legal description, ownership, 1986 value and the proposed assessment to be levied against each of the four parcels of property referred to in subparagraph (a) above, all of which parcels are in the Fort Worth Original Town Addition, are as follows. Proposed Le gal Description Owner X986 Value Assessment _ 1) Blk 52, Lots 9 ~ 10 Ernest Closuit $357,412 $285.93 2) Blk 52, Lots 1-8 Ernest Closuit, Jr. $1,456,263 $1,165.01 3) Blk 97, Lots 9, 10, 11 Midcontinent Supply Co. $2,104,595 $1,683.68 4) Blk 97, Lots lla ~ 12 Midcontinent Supply Co. $591,212 $472.97; and WHEREAS, the legal description, ownership, 1986 value and the proposed new assessment to be levied against each of the three parcels of property referred to in subparagraph (b) above, all of which parcels 2 are in the Fort Worth Original Town Addition, are as follows Legal Description 1) Blk 166, Lot B (east- erly 1.69 acre portion) 2) Blk 164, Lot A 3) Blk 163, Lot B Owner Texas Utilities (Texas Electric Texas Utilities (Texas Electric Texas Utilities (Texas Electric Electric Co. Service Co ) Electric Co. Service Co.) Electric Co. Service Co.), 1986 Proposed Value Assessment $29,591 $23.67 $13,910 $11.13 and $23,174 $18.54 WHEREAS, the City Manager has prepared and filed with the City Secretary a proposed supplemental assessment roll showing estimates of the part of the costs of such improvements and/or services to be assessed against the four aforesaid omitted parcels of property and against the three aforesaid erroneously assessed parcels of property, and the real and true owners thereof, as provided by law, and such supplemental assessment roll and cost estimates have been examined, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. That such proposed supplemental assessment roll and cost estimates be, and they are hereby, adopted and approved. SECTION 2. That it is hereby found and determined that a pro rata part of the $553,032 in costs for the improvements and/or services to be pro- vided in the district shall be assessed against the 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, 1986, as determined by the City Council of the City of Fort Worth, 3 S 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 deter- mined by the City Council. The new assessments against the three parcels of property described in paragraph 5, subparagraph (b) of the preamble of this ordinance shall be in lieu of and shall replace the invalid and excessive assessments levied against such parcels ,, on December 22, 1986. 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 24th day of March, 1987, at 10.00 a.m. in the City Council Chambers in the City Hall, 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 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 (10) 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 newspaper. The failure of a property owner to receive the notice does not invalidate the proceedings. Such 4 ~, 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 proceed- ings 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. 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 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 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 5 y 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 b. That except as hereby amended, the provisions of Ordinance No. 9791 adopted on December 22, 1986, and the assessment rolls heretofore approved by the 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. 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 ~++„-~,,,.,> Date ADOPT EFFEC 6 MASTER FI~C~}y , .,.+:. ~j2~~ ,~ f ~~~-~ W'®rth, ~'exas Acco~Nr~~a ~ // TRAf~ nP.ORI'hTA¢dQtP.UE3~iL' .WORK . MATER •~ ..,....r ~ uKiI U:J ¢ DATE REFERENCE SUBJECT APPROVAL OF ESTIMATES AND SETTING PAGE NUMBER 03/U4/87 SECOND BENEFIT HEARING AND A lof 1 G- 6 WORTH IPIPROVEP1ENT DISTRICT N0. 1 RECOP1PIENDATION It is recommended that the City Council adopt the attached ordinance A) approving the amounts to be assessed against an additional four parcel for various improvements and/or services in the Fort Worth Improvemen District No. 1 during Fiscal Year 1986-87, B) finding that the total of $1,044.11 previously assessed against thre parcels owned by the Texas Electric Service Company but used by the Cit as Heritage Park, is excessive and that new assessments shall be made a~ t o such parcels; and, nt~rrr~~tnN A) Assessment of Omitted Parcels On December 22, 1986, a special benefit hearing was held regarding th assessments for the Fort Worth Improvement District. At the time of tha hearing, the assessed values on four parcels were being contested before th Appraisal Review Board of the Tarrant Appraisal Board. Because those fou properties were being contested, the actual assessment amount could not b~ determined. Now that the valuations are determined, it is proposed that the owners of those properties be notified as provided by la w and that a specia~ benefit hearing concerning the improvements and/or serv ices provided by the, Improvement Distr ict be held before the City Council on March 24, 1987. The four subject properties are as follows (all are in Fort Worth Original Town); Legal Description Owner Proposed 1986 Value Assessment 1) Blk 52, Lots 9 & 10 Ernest Closuit, Jr. $357,412 $285.93 2) Blk 52, Lots 1-8 Ernest Closuit, Jr. $1,456,263 $1,165.01 3) Blk 97, Lots 9, 10 & 11 Midcontinent Supply Co. $2,104,595 $1,683.68 4} Blk 97, Lots lla & 12 f~1idcontinent Supply Co. $591,212 $472.97 C) setting P1arch 24, 1987 as the date for the special benefit hearing for th four parcels which were not included in the first Benefit Hearing and f o ~- the hea~r~i ng--concerni ng reassessment of the three parcels owned by Texa E1 ectri c Servi ce Company. DATE NUMBER CE SUBJECT APPROVAL OF ESTIMATES AND SETTING PAGE 03/04/87 ~-6979 SECOND BENEFIT HEARING AND A 2 _af 2 WORTH IMPROVEP~ENT DISTRICT N0. 1 B) Reassessment of TESCO Parcels On December 22, 1986, an assessment of $755.33 was levied against Lot B, Block 166 of Fort Worth Original Town, owned by the Texas Electric Service Company. This parcel contains 5.10 acres of land. Approximately 1.69 acres of the parcel is located within Fort Worth Improvement District No. 1 and the remainder of the parcel is outside the District. The parcel was assessed as if the entire 5.10 acres were. within the Di stri ct. Also, Lot A of B1 k. 164 and Lot B of B1 k. 163 of Fort Worth Original Town were assessed $91.80 and $196.98 respectively. The 1986 valuation of these parcels were reduced to 10% of the original valuation by the ARB of TAD on February 18, 1987. All three parcels are owned by TESCO but used as part of Heritage Park. The assessments are therefore, excessive. It is proposed that these parcels be reassessed as follows, as authorized by Article 1269j-4.12, V. A.C.S., Sec. 14 Proposed Legal Description Owner 1986 Value Assessment 1) Blk 166, Lot B (Portion) Texas Electric Service Co. $29,591 $ 23.67 2) Bl k 164, Lot A Texas E1 ectri c Service Co. -~9;~139/0 _8:3{- ~! 1 3) B1 k 163, Lot B Texas Electric Service Co. 23,174 ~ 18.54 It is further proposed that Texas Electric Service Company be notified as provided by law and that a hearing concerning the reassessment be held before the City Council on March 24, 1987. ALD •.kcq° Attachment APPROVED BY CITY COUNCIL G(,.aJCI~~~~ MAR ~ i~~7 City Seoaetasy of the City of Fort Worth, Tesa4 ,i. SUBMITTED FOR THE CITY MANAGER'S ~ OFFICE BY DISPOSITION BY COUNCIL: PROCESSED BY ~ ^ APPROVED ' ORIGINATING DEPARTMENT HEAD• Wade Adkins ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFQRM~pT,pl ns 7606 CONTACT WW !!••11aalKC Adopted ~rdi"arce No. DATE