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HomeMy WebLinkAboutOrdinance 9791i ~'cd in Ir ~J °~G~/ ORDINANCE N0. l I ! < AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT N0. 1 DURING FISCAL YEAR 1986-1987, FIXING CHARGES AND LIENS AGAINST 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 CREDTTS 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, }ias heretofore directed that certain improvements andlor services (the "Improvements") shall be provided in the Fort Worth Improvement District No. 1 during the 1986-1987 fnscal 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 (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 - $141,888, and WHEREAS, the improvements are fully described in a sez•vice, improvement and assessment plan which was adopted by the City Council on July 22, 198b, 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, $553,032 of the cost of the improvements shall be assessed against property located in the district and the owners of the property, and WHEREAS, the assessments shall be based on the value of each parcel on January 1, 1986, as determined by the City Council, including the value of structures or other improvements, with the assessment on each parcel to be deter- mined by applying a rate of 8.0 cents for each $100 of property value, and WHEREAS, the City Manager has filed with the City Secre- tary a proposed assessment roll and an estimate of the assess- ments against each parcel, and WHEREAS, such proposed assessment roll was approved 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 palace fixed therefor, to-wit, on the 22nd day of December, 1986, at 10'00 a.m., in the Council Chamber in the City Ha11 in the City of Fort Worth, Texas, and at such hearing various protests and objections were made, 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 pro- tests and objections, whether herein enumerated or not, be and the same are hereby, overruled. II. 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 propor- tion to the benefits to the respective 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 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 Z aR ~' .. ,r excess of the said assessment and charge made against the same by this ordinance, and further finds that the apportion- ment 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 ~:he real and true owners thereof (whether such owners be c:orrectly named herein or not), the sums of money itemized i.n Exhibit ''A" oppposite 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 interest 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 collec- tion, 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 liability 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 area 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. A copy of this ordinance may be filed with the County Clerk of Tarrant County, Texas, and when so filed shall constitute complete and adec{uate legal notice to the public concerning the liens hereby assessed against the respective parcels of property and the owners thereof. 3 „~ ~. 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 January 1, 1987, and shall become delin- quent if not paid by February 1, 1987. The entire amount assessed against each parcel of property shall bear interest from and after February 1, 1987, at the rate of 10% per annum until paid. VI. The following parcels of property (which are in the district and belong to the owners listed below) have been intentionally omitted from the proposed assessment rolls because the values of such parcels on January 1, 1986, are still in dispute. The City Manager is hereby directed to determine the proposed values of such parcels and the esti- mated assessments thereon, and to present the same to the City Council. Legal notice shall then be given to the owners o:f such parcels, a special benefit hearing shall be held, and assessments shall be levied against such parcels and the owners thereof. The assessment rolls will then be amended to reflect such additional assessments and to establish the liens for such assessments. Ernest Closuit 1019 Electric Service Building 415 Houston Block 52, Lot 1, Original Town Ernest Closuit 414 Commerce Street Block 52 Lot 9, Original Town Midcontinent Supply 14 Main Block 97 Lots 9, 10 ~ 11, Original Town Midcontinent Supply 14 Main Block 97 Lots 11A $ 12, Original Town Gallagher ~ Carter Est. Jennings West Block 8 Lots Z, 3 ~ 4 VII. If default shall be made in the payment of any assess- ment, collection 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 powers to aid in the enforcement and collection of said assessments. 4 ri ' VIII. The total amount assessed against the respective parcels of property, and the owners thereof, is in accordance with the proceedings 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 Notwith- standing 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 cxedit against the respective assessments. X. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, in the assessments, is, in accordance with the law in force in this City, vested in the City. XI. All assessments levied are a personal liability and charge against the real and true owners of the property described, notwithstanding such owners may not be named, or may be incorrectly named. XII. In any suit upon any assessment or shall be sufficient to allege the substancE recited in this ordinance and that such fact true, and further allegations with proceedings relating to such assessment shall not be necessary. XIII. reassessment, it of the provision recitals are in reference to the or reassessment The assessments levied are made and levied under and by virtue of the terms, powers and provisions of Article 12b~j-4.1, Vernon's Texas Civil Statutues. S ~, :. =~- r ~~~ ~- 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, a.nd by filing the complete Ordinance in the Ordinance Records of said City XV This ordinance shall take effect and be in full force a:nd effect from and after the date of its passage and it is so ordained. PASSED AND APPROVED this a.2 day of 1986 AP OVED AS TO FORM ND LEG L TY ~tst.City Attorney • D a't e . ~ .~C.~i/~~ ij 3~ ~p 6 t _ -. -~ ~- . fit o 1Fov°~ ~®~°tht ~ea~~cs - ~ .~ . ~MASIER Flee-~~ ., ACCOUNTINQ•2 ~ a ~~ o~ ~ l/ U/~ ~.o (L~~~~~ r ~®//; ~/ 1V 11 1/ 1V U/1V // 1L/~Il./~~ (L/o~ ~TRAN&P_ORTATIpN i +- ~ _ F DATE REFERENCE SUBJECT. Benefit. Hearing and Levy- PAGE ViATERADMiNLS7RATiUfYd; NUMBER ing Assessments - Improvements i of 2 ~,~~~~, 12=22-86 G-6919 andlor Services in Fort Worth Improvement District No. 1 Recomme elation It is recommended that an ordinance be adopted closing the benefit }fearing and levying the assessments as proposed.. Origin of the Project On September 23, 198:6 (MSC C-986,6)\,. the City Council directed ghat certain improvements and/orrservices (the "Improvements") be .provided. in- the Fort Worth Improvement District No. 1 during the 1986-1987 fiscal year ~ The District consists of the follow- ing area , The area bounded by Jones Street on the east, Lan- caster 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 noxth. , Improvements 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, Cc) 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 22, 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. Proaect Cost and Financing $553,032 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, 1986, as determined by the City Council, including the value of structures or other improve- ments, with the assessment on each parcel to be determined by applying a rate of 8.5 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: DATE REFERENCE NUMBER SUt3JECT Benefit Hearing and Levying PAGE 12-22-85 G-691.9 Assessments - Improvements and/or Ser- _2or~_ No 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 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 on December 12, 1986;. that a public hearing to consider the proposed assessments will be held by the City Council on December 22, 1986, 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. Follow~.ng 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 or before the first day of January, 1987. Accounts will become delinquent if not received by February 1, 1987. The entire amount assessed against a parcel of property shall bear interest fromvand after the first day of February, 1987, at the rate of 10 percent per annum until paid. ,, APPROVED OY wA do CITY CO~NC~L Changed.. rate from 8 5 cents to 8 cents AS Ar1ENDED ~~ Grant.ed_50% reduction to Fort Worth Billard Supply Co;, SEC ~~ ~,~;'. 411 W. Belknap Granted. 50% reduction to R E. & H M Wallace - 312 E /~ r ~ ,.' Weatherford ~ 7~~( Granted 50% reduction to Jim Mabe - 315 E First Granted 25% reduction to Lawrence Taylor - 1301 Calhoun ci Y ~~"~'iar9 °f too S t Ci u at ~r~ Wozt2a, Texw~1 Granted 25% reduction to W. H Swain - 901 Calhoun St SUBMITTED FOR TWB~ ~ ~ 1 ~ CITY MANAGER'S l DISPOSITION BY COUNCIL. PROCESSED BY t OFFICE BY ~] APPROVED ORIGINATING ~ 1j DEPARTMENT HEAD ~ ~ L . OTHER (DESCRFBE) ~ ~4~' --~----~ CITY B'ECRETARY FOR ADDITIONAi INFORMATI N CONTACT ~ .A~d~k ns 7606 Ado tee Ordinance No. ~ DA7E ,