HomeMy WebLinkAboutOrdinance 98503
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ORDINANCE NO. ~~J
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR
THE COST OF CERTP,IN IMPROVEMENTS AND/OR SERVICES TO BE
PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 1 DURING
FISCAL YEAR 1986-1987; FIXING CHARGES AND LIENS AGAINST
SEVEN PARCELS OF 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 AS-
SESSMENT 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 1986-1987 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 T aylor 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:
(a) a maintenance and landscaping program - $482,084;
(b) a promotion program - $ 98,313;
(c) a security program - $ 19,147;
(d) a transportation and parking program - $ 2,000; and
(e) a management program - $141,999; and
WHEREAS, the improvements are fully described in a service,
improvement and assessment plan which was adopted by the City
Council on July 22, 1986, and is on file in the office of the City
Secretary; and
WHEREAS, the improvements shall be provided by Downtown Fort
Worth, Inc. under a contract dated 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 improve-
ments 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 1269]-4.12, V.A.C.S., authorizes
the City Council to assess omitted parcels of property and to reas-
sess 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:
Legal Description Proposed
Block Lots Owner 1986 Value Assessment
1) 52, 9 & 10 Ernest Closuit 4 $ 357,412 $ 285.93
2) 52, 1 - 8 Ernest Closuit, Jr. $1,456,263 $1,165.01
3) 97, 9, 10, 11 Midcontinent Supply Co. $2,104,595 $1,683.68
4) 97, 11a & 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
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parcels of property referred to in subparagraph (b) above, all of
which parcels are in the Fort Worth Original Town Addition, are as
follows:
Legal Description
1) Blk 166, Lot B
(easterly 1.69
acre portion)
2) Blk 164, Lot A
~___..-
Texas Utilities Electric Co.
(Texas Electric Service Co.)
Texas Utilities Electric Co.
(Texas Electric Service Co.)
Proposed
1986 Assess-
Value ment
$29,591 $23.67
$13,810 $11.13
3) Blk 163, Lot B Texas Utilities Electric Co. $23,174 $18.54
(Texas Electric Service Co.);
and
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 prop-
erty, and the real and true owners thereof, as provided by law; and
such supplemental assessment roll and cost estimates have been
examined; and
WHEREAS, such proposed supplemental assessment roll was ap-
proved and adopted by the City Council of the City of Fort Worth,
and a time and place was fixed 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 24th day of March, 1987, at 10:00 a.m., in the
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Council Chamber in the City Hall in the City of Fort Worth, Texas,
and at such hearing the following protests and objections were made,
to-wit:
protested that
protested that
protested that
s
protested that
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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
I.
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,
overr uled.
II.
The City Council, from the evidence, finds that the assessments
herein levied should be mad and levied against the above-described
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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 re-
spective parcels of property by means of the improvements in the
district for which such assessments are levied., and establish
substantial justice and equality and uniformity between the respec-
tive owners of the respective properties, and between all parties
concerned, considering the benefits received and burdens imposed,
and further finds that in each case the property assessed is speci-
ally 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 charge made against the same by this ordinance, and further
finds that the apportionment of the cost of the improvements is in
accordance 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, 1986, as shown in Exhibit "A" which is
attached hereto and made a part hereof, are true and correct.
III.
There shall be, and is hereby, levied and assessed against the
parcels of property described in Exhibit "A°' which is attached
hereto and made a part hereof, and against the real and true owners
thereof (whether such owners be correctly named herein or not), the
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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.
IV.
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.
V.
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
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
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and claims, except State, County, School District and City ad
valorem taxes. A copy of this ordinance 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
May 1, 1987, and shall become delinquent if not paid by June 1,
1987. The entire amount assessed against each parcel of property
shall bear interest from and after June 1, 1987, at the rate of 10~
per annum until paid.
VI.
If default shall be made in the payment of any assessment, col-
lection thereof shall be enforced by suit in any court of competent
jurisdiction, or as provided in any mechanic's or materialman's
contract as aforesaid, and said City shall exercise all of its
lawful power s to aid in the enforcement and collection of said
assessment.
VII.
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.
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VIII.
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, 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 of the several assessments levied
by the City of Fort Worth, Texas, as hereinafter provided, shall be
fixed and determined by deducting from the amount of any assessment
herein levied such amount or amounts, if any, as may hereafter be
allowed by the City Council as a credit against the respective
assessments.
IX.
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.
X.
All assessments levied are a personal liability and charge
against the real and true owners of the property described, notwith-
standing such owners may not be named, or may be incorrectly named.
-8-
XI.
In any suit upon any assessment or reassessment, it shall be
sufficient to allege the substance of the provisions 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.
XII.
The assessments levied are made and levied under and by virtue
of the terms, powers and provisions of Article 1269j-4.1, Vernon's
Texas Civil Statutes.
XIII.
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 assessment rolls, shall remain in full force and
effect .
XIV.
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.
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XV.
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
Ord5
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:i%
SUPPLEMENTAL REPORT
VALUE ENHANCEMENT
DOWNTOWN IMPROVEMENT DISTRICT
The purpose of this report is to estimate present and future enhancement
due to the establishment of the Downtown Improvement District and the
assessment of property within the District for a period of three years
for seven properties Four of the seven properties in question were
omitted in earlier reports addressing this subject. The other three
properties have been adjusted to reflect current market values.
a
R ~.
Historically the town square was for decades, the place for people to
gather - to shop, to socialize, to see and be seen. With the exodus to the
suburbs, the cities' core began to decline, leaving a shell of abandoned or
demolished storefronts, vacant apartments and waning pedestrian traffic.
Urban revival has become the catch-word to describe efforts to revitalize
the central core of many of America's larger cities. Citizens are
participating in the growth of their community, much more so than in the
past. Greater competition exists among cities for professional sports,
franchises, for relocated cultural institutions and for other amenities
beyond the traditional industry and tourism lures.
An increasing number of conferences - local, regional, national and
international - are aimed at making cities more desirable places to live,
work, shop and visit. There are greater numbers of coalitions between
representatives of the public and private sector with the goal of upgrading
the quality of life in our cities.
Downtown living and downtown shopping offer an alternative lifestyle,
particularly to the large population of young aspiring professionals.
Speciality retail center projects will be the key emphasis. These projects
are likely to take many forms, ranging from the conversion of old
warehouses or factories Co new construction. They will be designed for
small shops and restaurants and will stress unusual architectural or
historical qualities.
Public investment in new facilities such as convention centers, parking
structures, freeways, transit systems, sports arenas, cultural facilities,
and the like, and improvements in streets, plazas, and other public areas
have vastly improved the physical environment of downtowns to the point
that physical blight sel8om deters downtown investment. Rather, the
downtown physical environment is an attraction in many areas with its
dramatic new towers, well landscaped and well designed public spaces, and
outstanding views from high°rise offices.
The future of public/private interaction in downtown development appears
somewhat mixed. Downtown's expanding economic functions are creating much
stronger markets for development, but at the same time the public sector is
expanding both its capacity and willingness to assist in development and
many private developers are realizing that private facilities can operate
mare efficiently, if they are integrated with public facilities.
The City of Fort Worth has experienced two prime examples of revitalization
programs which have had a direct impact on property values; one an inner
City vitalization project slang Camp Bowie Blvd., the other a joint effort
between private developers and City Government in the Sundance Square
Section of the CiCy. ~
Camp Bowie Blvd. is a prime example of inner City restoration success in
Fort Worth's Old Camp Bowie Area. Just like the downtown area, there is a
mix of tenants including professionals, retail, restaurants, night clubs,
2
galleries and theatre complexs. Land values accelerated at a record pace
going quickly from $10.00 a square foot to $20.00 a square foot in less
than a year due to investor interest in an area being revitalized. It is
especially popular with young professionals who are turning to inner city
life style. Because it was not allowed to reach the proportion of vacancy
and neglect experienced in some areas of the downtown area, the results
were more rapid and dramatic. It is our opinion the Central Business
District offers the same opportunities for even further development with
equally dramatic results in the future.
The Sundance Square Restoration Project has generated a steady increase in
property values on adjacent area beyond what is consbdered normal yearly
appreciation by approximately 3X. Unlike the Camp Bowie area, these values
have not exploded because of the already high cost of land. Rather, it has
been a steady increase generating out from the established core. It is the
consences of this department that the Improvement District will expand this
financial trend which is in the favor of both the citizens of Fort Worth as
well as the property owners within the district.
It is also interesting to note that since Sundance Square has been restored
and the entire area revitalized, that the traffic count entering the CBD
has increased approximately 10X.
Also, the Convention Center has generated a vast amount of foot traffic in
the downtown. Conventioneers have felt more ease to use shopping
facilities and Central Business Districts services due to additional
security provided by the City. According to the Arthur Anderson study
prepared for the City of Fort Worth, the convention market is continuing to
grow nationwide as evidenced by
1. Delegate attendance is up over I3X from 1983 to 1984.
2. Number of conventions in 1984 up 17X over 1983 levels.
3. Delegates expenditures in 1984 up over 18X from 1983 rates.
At the existing convention delegate daily expenditure rate of $140.00 and
1984 attendance levels, approximately $35 million was added to the Fort
Worth Economy.
Increased convention attendance resulting from a change in management of
convention facilities is anticipated in the coming years. A 20X increase
in convention attendance would generate approximately $7 million additional
to the Fort Worth economy via delegate attendance alone.
The district proposes to increase and produce a greater interesC in the
downtown area through improved street maintenance, environmental
beautification, improved bus transportation, special promotions and added
security, which are all factors that will draw more Conventions to our
City, thereby increasing attendance.
Based on these findings of value increases within the Sundance Square area
of the City, it is our opinion that land values in the district will
experience approximately a 9X increase over a Chree year period. For those
3
properties located in the fringe areas of the district the percentage
increase may not be realized until the end of the 3rd year depending on the
immediate impact this program has on investors and entrepreneurs locating
within the area.
The actual enhancement could well exceed the 9~ figure if retailers changed
operation hours and catered more to the demand of people attending.
conventions and special promotions. It is our professional opinion that a
9X return is one that can be substantiated. The attached values cover the
3 year period and are broken down into the enhancement per year based.
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RECOMP~1ENDATION
It is recommended that the City Council adopt the attached ordinance
A) closing the special benefit hearing f or the f our parcels which were not
included in the first benefit hearing,
2) closing the hearing concerning the reassessment for the three parcels owned)
by Texas Electric Service Company, and
3) levying the assessments as proposed.
ORIGIN OF THE PROJECT
On September 23, 1986 (M&C C-9866), the City Council directed that certain
improvements and/or services (the "Improvement•s" ) be provided i n the Fort Worth
Improvement District No. 1 during the 1986-87 fiscal year. The District consists
of the following area
The area bounded by Jones Street on the east, Lancaster Avenue on the south,
Texas Street, P1acon 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.
IPIPROVEMENTS
The improvements to be provided and the costs thereof are as follows
a) a maintenance and landscaping program - $482,084,
b) a promoti on program - 98,313,
c) a security program - 19,147,
d) a transportation and parking program - 2,000, and
e) a management program 141,888.
The improvements are fully described in a service, improvement and assessment
plan which was adopted by the City Council on July 2, 1986, and is on file in the
office of the City Secretary. The improvements will be provided by Downtown Fort
Worth, Inc, under a contract dated November 7, 1986.
GATE REFERENCE SUBJECT BENEFIT HEARING/REASSESSP~IENT ~ PAGE
3/24/87 NUMBER HEARING AND LEVYING ASSESSr1ENTS
i or 3
G-7004 1MPROVFMENTS AND/OR SERVICES IN
FORT WORTH I~IPROVEPIENT DISTRICT
N0. 1
~:
DATE REFERENCE SUBJECT BENEFIT HEARING/REASSESSPIENT PACE
3/24/87 NUMBER HEARING AND LEVYING ASSESSPIENTS
G-7004 IMPROVEMENTS AND/OR SERVICES IN -~ °'~
FORT 6JORTH IMPROVEMENT DISTRIC N .
ASSESSP1ENTS/REASSESSP1ENT
On December 22, 1986, the City Council held a special benefit hearing and levied
assessments for $553,032 of the cost of such improvements and/or services against
various parcel s of property i n the district and the real and true owners thereof
as provided by law. The assessments were based on the value of each parcel as
determined by the City Council, including the value of stuctures or other
improvements, with the assessment on each parcel to be determined by applying a
rate of 8.0 cents f or each $100 of property value. The City Manager filed a
proposed assessment roll and an estimate of the assessment against each parcel
with the City Secretary.
The following matters have remained pending since the special benefit hearing
a) The parcels of property described below in subparagraphs 1), 2), 3) and 4)
below have not been assessed because the value of such parcels on January
1, 1.9.86 had not been determined,
b) The parcels of property described in subparagraphs 5), 6) and 7) below
were assessed f or excessive amounts on December 22, 1986, because a
porti on of Block 166, Lot B i s 1 ocated outside the di stri ct , and al l three
parcels are used as part of Heritage Park.
It i s now proposed to assess ( reassess) the below-d escribed parcel s of property
and the owners of such property for a pro rata part of the cost of the
improvements. The assessments shall be based on the value of each parcel as
determined by the City Council, including 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.. The City Planager has filed
with the City Secretary a proposed supplemental assessment roll and an estimate
of the assessments against each parcel.
The proposed 1986 value and proposed assessment to be levied against each of the
said parcels according t o such supplemental assessment roll is as f ollows
LEGAL DESCRIPTION
All of said parcels being part of the Fort Worth Original Town Addition.
1) Block 52, Lots 9 and 10
2) Block 52, Lots 1 thru 8
3) Block 97, Lots 9, 10, 11
4) Block 97, Lots lla and 12
5) Block 166, Lot B (easterly)
1 .69 acre portion)
6 ) Block 164, Lot A
7) B1 ock 163, Lot B
PROPOSED PROPOSED!
OIdNER 1986 VALUE ASSESSPIENT
Ernest C1 osuit $ 357,412 $ 285.93
Ernest Cl osuit, Jr. 1 ,456,263 1 ,165.01
P1i dConti Went Supply Co. 2,104,595 1 ,683.68
MidContinent Supply Co. 591,212 472.97
T.E.S.C.O. 29,591 23.67
T.E.S.C.O. 13,910 11.1
T.E.S.C.O. 23,174 18..5
,R- :as
DATE REFERENCE suB~ECT BENEFIT HEARING/REASSESSMENT PAGE
3/24/87 NUMBER
HEARING AND LEVYING ASSESSP1ENTS
3
of 3
G-7004 _
-
FORT WORTH IMPROVEP~ENT DISTRICT
N0. 1
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 wi l l be enhanced i n value by an amount equal to or more
than the proposed assessment upon completion of the improvements in accordance
with the contract (See attached report).
Owners of these seven properties were advised by mail on March 5, 1987, that a
public hearing to consider the proposed assessments will be held by the City
Council on March 24, 1987, at 10 00 a.m. •The purpose of the hearing is t o permit
all persons owning these seven properties t o be fully heard concerning the
proposed improvements, the cost thereof, the amounts to be assessed, the values
of the respective parcels of property, of the benefits to the property because of
the improvements, the validity and adequacy of the contract, and any matter t o
which they are entitled t o hearing under law.
Following the hearing, the assessments shown on the proposed supplement
assessment roll, if approved and accepted by the City Council, will be levied
against these seven 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 or before the first
day of May, 1987. Accounts will become delinquent if not received by June 1,
1987. The entire amount assessed against a parcel of property shall bear
interest from and after the first day of June, 1987, at the rate of 10 percent
per annum until paid.
RAM/sfggq
Attachments
SUBMITTED FOR THE a ^e
GER'S n~
I
A DISPOSITION BY COUNCIL: PROCESSED BY
~ / r
O
F ICE
BY ^
APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: Ruth .Ann MC Kinney CITY SECRETARY
FOR ADDITIONAL IN FOR,~v1ATl8i vel e
CONTACT /~{ ~J y 6130
DATE