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HomeMy WebLinkAboutOrdinance 9946'` f ;may a ~m ~~ , ORDINANCE N0. -~~-~-_ AN ORDINANCE ORDERING AND PROVIDING FOR CER'T'AIN IMPROVE- MENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT N0. 1 DURING THE 1987-1988 FISCAL YEAR; EXTENDING THE CONTRACT WITH DOWNTOWN FORT WORTH, INC., FOR SUCH IMPROVEMENTS AND/OR SERVICES AND AUTHO- RIZING ITS EXECUTION; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST PROPER'T'IES AND THE OWNERS THEREOF FOR THE COST OF SUCH IMPROVEMENTS AND/OR SERVICES; DIRECTING THE CITY MANAGER TO PREPARE ESTIMATES; DIRECTING THE CITY SECRETARY 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 RELAT- ING TO SAID IMPROVEMENTS AND/OR SERVICES ARE AND SHALL BE PURSUANT TO ARTICLE 1269j-4.12, V.A.C.S.; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; AND PROVIDING AN EFFECTIVE 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 1987-1988 fiscal year, which plan was approved and adopted by the City Council on August 11, 1987, 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: .. `; :. (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- tures 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, ' 1988. (2) The entire amount assessed against a particular par- ` cel of property shall bear interest from and after the 1st day of February, 1988, at the rate of 10~ per 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 -2- ~: 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. D. The assessments will be based on the value of property in the district but shall not exceed an amount equal to 85 cents per $100 of value as determined by the City Council, including the value of structures or other improvements on the property. 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- k 3 erty assessed, superior to all other liens and claims, except liens t 1 or claims for state, county, school district or city ad valorem i 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 -3° ~: x ... 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.. IV. That the contract with Downtown Fort Worth, Inc., dated November 7, 1986, is hereby extended for the period from October 1, 1987, through September 30, 1988, in the sum of $755,100, 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 and/or 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 Article 1269]-4.12, V.A.C.S., and the ordinances of the City of Fort Worth. VI. That in making assessments, if the name 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- _ _ __ ___ _. ~ ..... r" ~~~ F- :, vII. That the City Manager of the City of Fort Worth, Texas, be and he is hereby ordered and directed to file with the City Council estimates of the cost of such improvements and/or services to be assessed against each parcel of property, and the real and true owners thereof, as provided by law. VIII. 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 Article 1269j-4.12, V.A.C.S. IX. That 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 and by filing the complete ordinance in the appropriate ordinance records of this City. X. That this ordinance shall take effect and be in full force and effect from and after the date of 'ts passage. PASSED AND APPROVED this ~ day of , 1987. APPROVED AS TO FORM AND LEGALITY: City Attorne Date EFFECTIV DATE: -5- ,~ .ri ~ t'7ASI~E~ ~~c kCCCUNTiNa~ 2 ; .pity of ~09°~ ~®rth, ~e.~c~s SRAN°~'ORTATIQ~fJPUB:IC Wi qpc ,G~y®~ tihATER ADMINISTRATi6N .~ '/~/•AW a ~o~.c~a.~il ~o~a~au~a.a.ccctio~a. ~` DATE REFERENCE SUBJECT EXTENSION OF CONTRACT WITH PAGE NUMBER DOWNTOWN FORT WORTH, INC. AND COM- 9 1 87 C-1.0498 T 1 87- ' °' PROCEDURES -FORT WORTH IMPROVEMENT DISTRICT N0. 1 RECOMMENDATION. It is recommended that the City Council adopt the attached or'di~ance• ` 1 declaring the need for and ordering certain improvements and/or services r; ~ to be provided in Fort Worth Improvement District No. 1 during the 1987- 1988 fiscal year, 2, making provisions for levying assessments, 3, directing the City Manager to prepare estimates of costs and amounts to be assessed, and 4 authorizing the City Manager to sign a document extending the contract with Downtown Fort 'vJorth, Inc to provide such improvements and/or ser- vices during the 1987-1988 fiscal year, in the amount of $755,100. ORIGIN OF THE PROJECT: On July 22; 1986,~the City Council (M&C G-6742) adopted a resolution which established the Fort Worth Improvement District No 1 The District is com- prised 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. On August 11, 1987, the City Council (M&C G-7181) adopted the service, improve- ment and assessment plan recommended by the Advisory Board of the district for the 1987-1988 fiscal year. The council further authorized the City Manager to prepare a document which would. extend the contract with Downtown Fort Worth, Inc. to provide improvements and/or services during the. 1987-1988 fiscal year. SCOPE AND COST OF IMPROVEMENTS AND SERVICES: A preliminary estimate of the cost of the improvements and/or services in the district during the 1987-1988 fisc al year is TOTAL TO 'BE COST ASSESSED .~.ZG7/~ (1) a maintenance and l andscapi ng program $502, 712 $~i-3~ 7~-2~ (2) a promotions program 103,229 94,2?_92 (3 ) a security pr og r am 21, 604 21, 604 (4) a transportation and parking ,program 4,333 4,333 (5) a management proyram. 148,222 148,222 780, 00 $C~ ,~y~1oo :...., DATE REFERENCE SUBJECT DOWNTOWN FORT WORTH, _INC AND PAGE 9/1/87 NUMBER COMMENCEMENT OF 1987-1988 ASSESSMENT 2of 2_. C-10498 pR.nrFniiRFC _ Fn D-IS1'RICT NO 1 ~~ D~~ Note 1. $fl of the total cost of this program is fo:r services which would be provided by the City of Fort Worth if the district did not exist and is funded through a contractual agreement between the City of fort :Worth and the distr ict. An additional $3,000 is anticipated in district project revenues to offset part of the total cost and $13,000 is anticipated as revenues under a con- tract with the "T". Note 2. A portion of the promotions program will he financed by $9,000 of anticipated revenue from district projects The improvements and/or services will be provided under contract for the ,period from October 1, 1987, to September 30, 1988. The contract may be renewed for one successive one-year term. PROJECT FINANCING. The contract will be financed by special assessments against property in the district as provided in Article 1269j-4.12, V.A.C.S., by payments under con- tractual agreements with the City, or revenues from district projects. Assess- ments will be based on the value of property but may not exceed an amount equal to 8.5 cents per $100 of value as determined by the City Council. The estimated annual assessment against City property is $85,000. The contract for improvements and/or services during the 1987-1988 fiscal year will provide that if funds from special assessments are not available or are insufficient to make the monthly payments due thereunder, the City will immedi- ately notify the contractor and the contract may be terminated on the last day of the. month for which funds were available without penalty or expense to the City for which funds are available from special assessments. In the alterna- tive, if insufficient funds are available, the City and the contractor may renegotiate the scope of services so that the services will correspond to the amount of .available funds. The contract will further provide that under the district maintenance and landscaping program the City of Fort Worth shall make an annual payment of $45,112 to Downtown Fort Worth, Inc as reimbursement for part of a $169,000 pledge which Downtown Fort Worth, Inc. made to the City for the Houston/ Throckmorton Bus Spine Improvements Project. The payment shall be made directly to Downtown Fort Worth, Inc. out of the special assessments. ASSESSMENT PROCEEDINGS After the City Manager prepares estimates of costs and the amounts to be asses- sed, the City Council will be requested to schedule special benefit hearings on the proposed assessments. r APQ€~OV~O ~~ RAM ~ z 1 ~ • Adopted Ordinance No. ,~~~:,,,~,~ ~-~~ ~~i"~i~d ~ ~~, SUBMITTED FOR THE CITY MA`NAGER'S Wade Adkins r ~ OFFICE BY ~. • ~ { DISPOSITION BY COUNCIL. [] APPROVED ~~dd1~3l;J,k .n iC;''d ^' --~ ^ OTHER (DESGRIBE~ ~ ~ ;' t. ORIGINATING Adkins d W C17Y SECRETARY a e DEPA`RTNIElJT HEAD• FOR ADDITIONAL INFORMATION ~~~``~ 870-7600 Wade Adkins " , CONTACT .. ..^.i`•y Sucr~iasq cf t'~~ ~i ~ of Fast W=dsth~ Taxm