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HomeMy WebLinkAboutOrdinance 9975~ s ``..~ ~ •3: t. _ .V- __ ORDINANCE NO. -~~% !~~ AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED~,,,IN FORT WORTH IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 1987-1988; FIXING CHARGES AND LIENS AGAINST .PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; RESERV- ING 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 1987-1988 fiscal year; and WHEREAS, the District consists of the following area: Th e 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 ASSESSMENTS 9-29-87 COST HEARING (a) a maintenance and land- scaping program (b) a promotions program (c) a security program (d) a transportation and parking program (e) a management program. $502,712 103,229 21,604 4,333 148,222 95,557 $780,100 $454,351 $281,325 60,748 13,928 2,793 and; PROPOSED TOTAL ASSESSMENTS 1987-88 FY $436,712 94,229 21,604 4,333 148, 222 $704,760 WHEREAS, the total amount proposed to be assessed at the September 29, 1987 benefit hearing is $454,351 which represents assessments on private property of $369,351 and on city property of $85,000; and WHEREAS, there are 48 parcels which were deleted from the assessment roll for this hearing due to changed values between the time the notices were mailed and the hearing date, and because of the changed valuations, new notices will be mailed and a new hearing date established for those accounts; and WHEREAS, there are an additional 10 parcels which have con- tested values and will be included in a later hearing after 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 11, 1987, 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, 1987 to September 30, 1988; and WHEREAS, $454,351 of the cost of the improvements is proposed to be assessed against 331 parcels of private property located in the district and the owners of such property at the benefit hearing on September 29, 1987; and WHEREAS, an additional $250,409 is proposed to be assessed on the remaining 58 parcels after the 1987 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, 1987, 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 originally filed with the City Secretary a proposed assessment roll and an estimate of the assess- ments against each parcel: and WHEREAS, the City Manager has now filed with the City Secretary a corrected proposed assessment roll which shows the proposed assessments against each of the 331 parcels of property to be asses- sed, but does not include the 58 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 -2- _ ., and held at the time and place fixed therefor, to-wit, on the 29th day of September, 1987, at 10:00 a.m., in the Council Chamber in City Fall in the City of Fort Worth, Texas, and at such hearing the following protests and objections were made, to-wit: James Mabe, representing Lloyd Mabe, owner of the property at 315 E. First Street; George Sawyer, attorney for Fort Worth Billiard Supply Co., owner of the property at 411 W. Belknap Street; Lawrence Taylor, owner of the property at 1301 Calhoun Street; and Helen Wallace, owner of the property at 312 E. Weatherford Street, all appeared and protested that their respective parcels of property will not be enhanced in value by means of the improvements in the district and that no charges or assessments should be made against them; 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. The corrected assessment roll and estimate of assessments which the City Manager has filed with the City Secretary is hereby ap- proved 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 0000-08-25-87 Mabe, Lloyd L. 315 E. First Fort Worth, TX. 76102 LEGAL DESCRIPTION Fort Worth Original Town Block 23, Lots 7A & 8 closed and the said protests and objec- the same are hereby, assessments and the thereto are hereby PROPERTY APPRAISED LOCATION VALUE E. First Street $391,769 -3- ASSESSMENT 8.0 CENTS PER $100 $157.71 0000-33-01-87 Fort Worth Billiard Supply Co. 411 W. Belknap Fort Worth, TX. 76102 0000-08-17-87 Wallace, R.E. & H.M., 312 E. Weatherford Fort Worth, TX. 76102 Fort Worth Original Town Block 57, Lot 2 Fort Worth Original Town Block 23, Lot lA W. Belknap Street E. Weather- ford Street $608,000 $223,025 $243.20 $ 89.21 and the total amount of the assessments at the September 29, 1987 hearing as shown on the assessment roll, is hereby amended to read "$368,862.34". Such reductions in assessments are hereby made be- cause 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 protest and objection of Lawrence Taylor is hereby overruled, the proposed assessment on his parcel of property is hereby ap- proved, and the City Council hereby finds that Taylor's parcel of property will be enhanced in value by means of the improvements in the district by a sum in excess of the proposed assessment. 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 ref erence to said improvements, and is in -4- 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, 1987, 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 de- scription 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. Th e 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 (lOs) 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 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 -5- 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 became due and payable as follows, to-wit: The assessments shall be payable on or before October 1, 1987, and shall become delinquent if not paid before February 1, 1988. The entire amount assessed against each parcel of property shall bear interest from and after February 1, 1988, at the rate of 10 °s 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. Th e 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 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 amo allowed by the City Council as assessments. of the several assessments levied as hereinafter provided, shall be from the amount of any assessment unts, if any, as may hereafter be a credit against the respective -6- R-~-- `~ 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 against the real and true owners withstanding such owners may not named. i personal liability and charge of the property described, not- be named, or may be incorrectly 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 Article 1269j-4.12 Vernon's Texas Civil Statutes. XIV. Th e 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 58 parcels of property which have been intentionally omitted from the corrected assessment roll herein until the true value of such parcels on January 1, 1987 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 its passage and it is so ordained. -7- a .. 1 o~ l ~- PASSED AND APPROVED this ~ t day of ~ ~-~~- ~` b e'r , 19$7 . APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ~ ~'2~ ~ ADOPTED: a1 EFFECTIVE: ~G ord6 -$- J ~ City of Fo~°t ~o~-th, ~e~as t~6'A S TE R {;~Cr'~~ A. //// ~j ~(~p/~// ~) /~ ~J /'J/}/J ~j ~ ~f j~ ,///{. ~) A00011NTl1q~:2 ~ /~/ ~/l~(~/~®~ ~ tl IVWV ~®LL/1V~~ IVIV ~®~~ LL/IV U IV~~~iV fV®~ TRANSPORTATION~PL! BJLIC~.W~ORKS.iJ NG PAGE M eTER A . tv1~~RA'TitFft d' REFERENCE SUBJECT: NUMBER ASSESSMENTS - IMPROVEMENTS AND/OR 2 L°`~ r 9/29/87 G-7271 SERVICES IN FORT WORTH IMPROVEMENT 1 °' . - RECOMMENDATION: It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed. DISCUSSION: The total amount to be assessed at the September 29, 1987 benefit hearing is $454,351 which represents assessments on private property of $369,351 and on city property of $85,000. There are 48 accounts which were deleted from the assessment roll for this hearing due to changed values between the time the notices were mailed and the hearing date. Because of the changed valuations, new notices will be mailed and a new hearing date established for those accounts. There are an additional 10 accounts which have contested values and will be included in a later hearing after values have been determined by the TAD Appraisal Review Board. ORIGIN OF THE PROJECT: On September 1, 1987, (M&C C-10498), the City Council directed that certain improvements and/or services (the "Improvements") be provided in the Fort Worth Improvement District No. 1 during the 1987-1988 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, 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. IMPROVEMENTS• The improvements to be provided and the costs thereof are as follows: PROPOSED TOTAL ASSESSMENTS TOTAL 9-29-87 ASSESSMENTS COST HEARING 1987-88 FY ~.: , , ,; , ~ a)~a maintenance and landscaping program $502,712 $281,325 5436,712 A , '~~ ~b) a promotions program 103,229 60,748 94,229 (c) a security program 21,604 13,928 21,604 {(d) a transportation and parking program 4,333 2,793 4,333 (e) a management program. 148,222 780,100 95,557 454,35 148,222 704, 60 (64.5%) (100.0%) z+;.- '~= DATE REFERENCE SUBJECT BENEFIT HEARING AND LEVYING PAGE NUMBER ASSESSMENTS - IMPROVEMENTS AND/OR 2 2 9/29/87 G-7271 SERVICES IN FORT WORTH IMPROVEMENT of DISTRICT NO. 1, FY 1987-1988 The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on August 11, 1987, 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 which has been extended for the 1987-1988 fiscal year. PROJECT COST AND FINANCING: $454,351 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, 1987, 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 Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. An additional $250,409 is proposed to be assessed on the remaining 58 accounts after the 1987 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, considering 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 to 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, 1987, that a public hearing to consider the proposed assessments will be held by the City Council on September 29, 1987, 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 1 aw. 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, 1987. Accounts will become delinquent if not received before February 1, 1988. The entir assessed against a parcel of property shall bear interest from and _ first day of y, 1988, at the rate of 10 percent per annum until id C ~; ~.~- DAI:zI ~~~ 1 SUBMITTED FOR THE CITY MANAGER'S DISPOSITION 8Y COUNCIL: APPROVED ED BY ~~~1 OFFICE BY R.A. McKinne ~ ORIGINATING DEPARTMENT HEAD• Wade Adkins Q OTHER (DESCRIBE) ~4'Cz9~~'y~GR~ETAT2~d.2 FOR ADDITIONAL INFORMATION CONTACT A. DiVele 6130 {~ ~[ ~l~j ~,(~Ilfi~P Qt't~li18i1C@ I~d~a ~..~ ~~ DATE i~ X'49'