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HomeMy WebLinkAboutOrdinance 10014~~ M.~ r .~4 ORDINANCE NO. 1~O~ 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 CERTAIN 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 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: 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 to be provided and the costs thereof are as follows: PROPOSED TOTAL TOTAL ASSESSMENTS COST 1987-88 FY (a) a maintenance and land- $502,712 $433,757 scaping program (b) a promotions program 103,229 94,229 (c) a security program 21,604 21,604 (d) a transportation and 4,333 4,333 parking program (e) a management program. 148,222 148,222 $780,100 $702,145 and; WHEREAS, the improvement and Council on August Secretary; and improvements are fully described in a service, assessment plan which was adopted by the City 11, 1987, and is on file in the office of the City 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, it is proposed that a portion of the cost of the improvements be paid for through special assessments against parcels of property in the district and the true owners thereof, as autho- rized by Subchapter A, Chapter 372, Texas Local Government Code; 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, on September 29, 1987, a special benefit hearing was held by the City Council, the sum of $368,862 was assessed against certain parcels of private property in the district, the sum of $85,000 was assessed against certain parcels of City property in the district, and the total amount of the assessments levied at such hearing was $453,862; and WHEREAS, 59 parcels of property were omitted from the assess- ment roll for the September 29, 1987 hearing because the values of such parcels on January 1, 1987 has not yet been determined; and WHEREAS, the values of the 59 additional parcels of property have now been determined and the City Manager has filed a supple- mental assessment roll with the City Secretary which shows the proposed assessments against each of the 59 parcels of property now proposed to be assessed; 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 and held at the time and place fixed therefor, to-wit, on the 24th day of November, 1987, at 10:00 a.m. , in the Council Chamber in City Hall in the City of Fort Worth, Texas, and at such hearing the fol- lowing protests and objections were made, to-wit: No protests or objections were made, however, the City Manager in M&C G-7354 advised the Council, and the Council agreed, that the supplemental assessment roll should be amended by changing the proposed assessment against Lot AR, Block 3, Junius W. Smith Addition, which property belongs to Burnett Plaza Associates, to $54,000, the amount by which the property will be enhanced as a result of the improvements; -2- 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 ord ered: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. The supplemental assessment roll and estimate of assessments against the aforesaid 59 parcels of property which the City Manager has filed with the City Secretary is hereby approved and adopted by the City Council. II. 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, overruled. 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 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, 1987, as shown in the supplemental assessment roll, are true and correct. -3- IV. There shall be, and is hereby, levied and assessed against the parcels of property described in the supplemental assessment roll and the real and true owners thereof (whether such owners be cor- rectly named herein or not), the sums of money itemized in the supplemental assessment roll opposite the description of the respec- tive 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. 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 (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 ail 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 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 Dec ember 1, 1987, and shall become delinquent if not paid before February 1, 1988. The entire amount assessed against each parcel of -4- 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. 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. 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 s everal assessments 1 evi ed as hereinafter provided, shall be from the amount of any assessment unts, if any, as may hereafter be a credit against the respective X. Full power to make and levy reassessments and to correct ms- 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 a personal liability and charge against the real and true owners of the property described, not- withstanding such owners may not be named, or may be incorrectly named. -5- 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 Subchapter A, Chapter 372, Texas Local Government Code (formerly Article 1269j-4.12 Vernon's Texas Civil Statutes). XIV. 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 of Fort Worth, Texas, and by filing the complete Ordinance in the Ordinance Records of said City. XV. The assessments levied herein shall be in addition to the assessments levied by the City Council against other parcels of property in the district, and the owners thereof, by virtue of ordinance No. 9775, adopted by the City Council on September 29, 1987. 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. PASSED AND APPROVED this day of 1987. APPROVED AS TO FORM AND LEGALITY: ~~J (~ City Attorney Date: (~ ~Z. l ~~~ ADOPTED: ~,Zli//,~, EFFECTIVE : ~~ G'L ~ i ord6 -6- ~rAoICE.A ~ _.. ACCOUNTINQ+2 ~~//''~~JJ ~ /J ~p TRANSP©RTATION~P.U841C W~~..W ILK/ ® U NA(ER ADMINI ~i~ty o~' 1F®~°t ~®~°t~., texas ~ ~' titNtr 1 I HtHKl N(a NNU LtVY 1 N DATE REFERENCE SUBJECT ASSESSMENTS AGAINST ADDITIONAL PAGE NUMBER PROPERTY - IMPROVEMENTS AND/OR SERVICES 11/24/87 G- 7 35 4 IN FORT WORTH IMPROVEMENT DISTRICT_ 1°f~_ Recommendation NO 1, FY 1987-1988 It is recommended that an ordinance be adopted closing the benefit hearing and levying assessments against 59 additional parcels of property as proposed. 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 con- sists 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 1200 blocks of Bluff Street on the north Improvements The improvements to be provided and the costs thereof are as follows PROPOSED TOTAL TOTAL ASSESSMENTS COST 1987-88 FY (a) a maintenance and landscaping program $502,712 433,75 (b) a promotions program 103,229 94,229 (c) a security program 21,604 21,604 (d) a transportation and parking program 4,333 4,333 (e) a management program 148,222 148,222 780,100 702,145 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 Proj-ect Cost and Financing $702,145 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 On September 29, 1987 (M&C G-7271), the City Council held a special benefit hearing and adopted Ordinance No. 9995. This ordinance levied assessments in the total amount of $453,862 against various parcels of property in the dis- trict. $368,862 of these assessments was levied against certain parcels of pri- DATE REFERENCE SUBJECT ASSESSMENTS AGAINST ADDITIONAL PAGE NUMBER PROPERTY - IMPROVEMENTS AND/OR SERVICES 2 2 11/24/87 G- 7354 IN FORT_WORTH IMPROVEMENT DISTRICT --=of__--_ N0. 1, FY 1987-1988 vate property and $85,000 was levied against certain parcels of city property This reduced the total amount of the proposed assessments on September 29, 1987, from $454,351 to $453,862, the total proposed assessment for the 1987- 1988 fiscal year from $704,760 to $702,145, and the part of the assessments for the maintenance and landscaping program from $436,712 to $433,757. Fifty-nine other parcels of property in the district were omitted from the assessment roll for the hearing on September 29, 1987, because the values of these parcels on January 1, 1987, had not yet been determined. M&C G-7271 and Ordinance No. 9995 provided that these parcels would be assessed at a later date. The values of the 59 parcels have now been determined. On November 3, 1987 (M&C G-7310), and November 10, 1987 (M&C G-7332), the City Council approved supple- mental assessment rolls and estimated amounts to be assessed against the 59 parcels and set November 24, 1987, as the date for a special benefit hearing. It is proposed that a total of $248,283 be assessed against these parcels. 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 of the 58 parcels of property will be enhanced in value by an amount equal to or more than the proposed assessment upon completion of the improve- ments in accordance with the contract. It is also the opinion of staff that one parcel of property belonging to Burnett Plaza Associates will be enhanced due to the improvements but only to the extent of $54,000, which is the amount of the proposed assessment against such parcel Property owners were advised by mail and by publication of a legal notice on November 11, 1987, that a public hearing to consider the proposed additional assessments will be held by the City Council on November 24, 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 law. Following the hearing, the assessments shown on the proposed supplemental assessment roll, if approved and accepted by the City Council, will be levied against the properties shown thereon 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 December, 1987. Accounts will become delinquent if not received before February 1, 1988 The entire amount assessed against a parcel of property shall bear interest from and after the first day of February, 1988, at the rate of 10 percent per annum until paid. WA•ivvv Adopt SUBMITTED FOR THE OFFICEABYGER'S RlltYl Ann McKinne ORIGINATING DEPARTMENT HEAD• Ann Diveley FOR ADDITIONAL INFORMATION CONTACT e~ Ordinance -6130 DISPOSITION BY COUNCIL: ^ APPROVED ^ OTHER (DESCRIBE) APPROVED BY CITY COUNCIL ~~~~ rv~ ,m~~- PROCESSED BY ~""'~+~ e.C,ISY~~iE.CJ~~R Cflfg• Sea :e:ary of i2Zo ~7.: is f3~ :ItOS~1~Ei~J.. `~.'63Ca8 j'~,,,, f,,,-