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HomeMy WebLinkAboutOrdinance 100003' • .y ORDINANCE NO. /(~~C~~ AN ORDINANCE APPROVING AND ADOPTING A PROPOSED SUPPLE- MENTAL ASSESSMENT ROLL AND COST ESTIMATES FOR 'rHE IMPROVE- MENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DIS'RICT NO. 1 DURING THE 1987-1988 FISCAL YEAR; FIXING THE TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE PROPOSED ASSESSMENTS AGAINST SEVEN PARCELS OF 3 PROPERTY IN THE DISTRICT AND THE OWNERS THEREOF, 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 1987-1988 of the City of r'ort +,, 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; and the Trinity River and the East 100 and East 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 ser- vice, improvement and assessment plan adopted by the City Council on August 11, 1987; and WHEREAS, all of said improvements and/or services shall be provided in accordance with such service, improvement and assessment plan, and a contract between the City and Downtown Fort Worth, Inc.; and r WHEREAS, on September 29, 19$7, 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, since such hearing there has remained pending the matter of seven parcels of property in the district which were not assessed because the values of such parcels on January 1, 1987 had not been determined, but such values have now been determined; and WHEREAS, Section 372.019 of the Texas Local Government Code (formerly Section 13, Article 1269j-4.12, V.A.C.S.) authorizes the City Council to assess omitted parcels of property and to determine the values thereof; and WHEREAS, the City Manager has prepared and filed with the City Secretary a proposed supplemental assessment roll showing the legal description, ownership, 1987 value and proposed assessments to be levied against each of the seven parcels of property ref erred to above and the true owners thereof for their prorata part of the cost E of such improvements and services; and WHEREAS, a special benefit hearing may now be scheduled for the proposed assessments against the seven parcels of property referred to above; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: -2- SECTION 1. That the proposed supplemental assessment roll and cost esti- mates pertaining to the seven parcels of property referred to above be, and they are hereby, adopted and approved. SECTION 2. That it is hereby found and determined that a pro rata part of the $704,760 in costs for the improvements and/or services to be provided in the district shall be assessed against the seven 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, 1987, as determined by the City Council of the City of Fort Worth, 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 determined by the City Council. SECTION 3. That a public hearing shall be given and held by and before th e 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 November, 1987, at 10:00 a.m. in the City Council Chambers in the City, 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 -3- "s n Subchapter A, Chapter 372, Texas Local Government Code (formerly Article 1269]-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 6 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 news- paper. The failure of a property owner to receive the notice does not invalidate the proceedings. Such 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 ad- dresses 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 corpora- tion. In this connection, the City Secretary shall prepare and file or cause to be prepared and filed with these proceedings a certifi- cate which shows that each of the persons shown in the list of proposed assessments was mailed a copy of the notice of hearing and -4- _~ ~ - shall further certify the date or dates on which said notice was mailed. A copy of each notice shall be attached to such certifi- cate. 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 assess- ments 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 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 6. That except as hereby amended, the provisions of Ordinance No. 9975 adopted on September 29, 1987, and the assessment rolls heretofore approved by the City Council, and the assessments and -5- ,, liens levied and established pursuant to the provisions of such ordinance and assessment 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 TU FORM AND .LEGALITY: City Attorney/ Date : ~~-~j d-~"~~ ADOPTED: ~~-~~CI'~ EFFECTIVE : ~~-~ Ord6 -6° /4GGOVNTI~@~~ ~®~° ~~,~1 c~®~~,~~~ c~®1I~,D~"II,~D'~~cC~~~®~, ZftAtH`a#? QI't~Ai'1.~~,P l} 8 LIG~ ~~ `)RfiSi~ V+ATER ADMI tJ~s~c~r. ~r~- ~L JIRMI .u. DAT '" REFERENCE SUBJECT APPROVAL OF ESTIMATES AND PAGE 11/10/87 NUMBER O_7332 SETTING BENEFIT HEARING FOR REMAINING ior___1 DISTRICT N0. 1 Recommendation It is recommended that the City Council adopt the attached ordinance: 1) Approving the amounts to be assessed against an additional seven parcels for improvements and/or services as more fully described in the Plan of Services for the Fort Worth Improvement District No. 1 which was approved by the City Council on August 11, 1987; 2) Setting Tuesday, November 24, 1987, as the date for the special benefit hearing for these parcels; and 3) Approving the attached proposed supplemental assessment rolls and authorize notification of the property owners in accordance with state law. Discussion On November 4, the City of Fort Worth was notified that TAD had established values for the seven parcels in the Improvement District which had previously had contested values. It is recommended that City Council now approve the proposed assessments based on those new v alues and set the benefit date. On November 3, the City Council had established .November 24 as the date for a special benefit hearing for 52 previously contested parcels. It is recommended that these seven parcels be added for consideration at the November 24th special benefit hearing. This will permit all remaining parcels which are proposed to be assessed in the Improvement District to be considered at the same hearing. DH:wg APPROUPD 0~' ci~r cour~c~L ~a~~~~l~:.~~I•~~ Citg taf ~~ Wnrt'a, Tz~:: a SUBMITTED FOR 1 Ht C CITY MANAGER'S ~ ~ ~ DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY C APPROVED ORIGINATING [ OTHER (DESCRIBE) DEPARTMENT HEAD: Wade Adkins R CITY SECRETARY .FOR ADDITIONAL INFORMATION CONTACT Ann Di vel a 6130 Adopted Ordinance N ~~Q DATE