HomeMy WebLinkAboutOrdinance 17756-09-2007ORDINANCE NO. 17756 -09 -2007
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST
OF CERTAIN IMPROVEMENTS AND /OR SERVICES PROVIDED IN FORT WORTH
PUBLIC IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 2007 -08; 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 CREDITS REDUCING
THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT
GRANTED; 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 Public Improvement District
No.I during Fiscal Year 2007 -08; and
WHEREAS, the District consists of an area bounded by Cummings Street, Bluff Street, Elm Street, Belknap
Street, Nichols Street, Weatherford Street and the AT & SF Railroad tracks on the east; Lancaster Street, Texas Street,
Florence Street, and 10th Street on the south; and the Trinity River on the west and north, and
WHEREAS, the improvements to be provided are as follows:
1. A maintenance and landscaping program
2. A marketing program
3. A security program
4. A transportation/parking program
5. A management program;
6. City administration; and
WHEREAS, the cost of such improvements is as follows:
Total Budeeted Costs
1) Maintenance/Landscaping
$1,126,820
2) Marketing
427,170
3) Security
85,000
4) Transportation & Parking
327,600
5) Operations
308,550
6) City Administration (2% of budgeted assessments)
34.700
$2,309,840
The total budgeted costs of the improvements are $2,309,840. Of this amount, $1,735,000 will be funded by assessments
collected on privately owned parcels located in the district. The remainder of the costs, $574,840, will be funded by other
revenue sources, including:
• $193,750 in a direct payment from the City for payment in lieu of assessments as required by Section A 372.014
(b) of the Local Government Code, which was appropriated from the General Fund balance by City Council
action on August 21, 2007 (M &C G -);
• $130,165 in direct payments from the City for payment in lieu of services, which was appropriated from the
General Fund balance by City Council action on August 21, 2007 (M &C G -);
9 $155,565 in revenues generated by district activities;
• $70,360 from prior year assessments; and
O $25,000 in interest earned.
WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was
adopted by the City Council on August 21, 2007 (M &C G -), and is on file in the office of the City Secretary; and
WHEREAS, the improvements shall be provided by Downtown Fort Worth, Inc. ( "DFWI ") under a contract
with the City of Fort Worth; and
WHEREAS, $1,735,000 of the cost of the improvements shall be assessed against property located in the
District and the owners of property, and the balance of the difference between the amount to be assessed and the total cost
of the project will be paid by other revenues received by DFWI; and
WHEREAS, the assessments shall be based on the value of each parcel on January 1, 2007, as determined by
the City Council, including the value of the structures on other improvements, with the assessment on each parcel to be
determined by applying a rate of $0.1150 cents to each $100 of property value; 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 puTose of said hearing
was given and said hearing was had and held at the time and place fixed therefore, to -wit, on the 11 day of September,
2007, at 7:00 p.m. in the Council Chamber in the City Hall 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 a 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:
SECTION 1.
Said hearing be, and the same is hereby, closed and the said protest and objections, and any and all other
protests and objections, whether herein enumerated or not, be and the same are hereby overruled.
SECTION 2.
The City Council, from the evidence, finds that the assessments herein described 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 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 all parties concerned, 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 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, 2007, are true and correct.
SECTION 3.
There shall be, and are hereby, levied and assessed against the parcels of property in the District, and against the
real and true owners thereof (whether such owners be correctly named herein or not), the sums of money itemized per
parcel of property, and the owners thereof, as far as such owners are known.
SECTION 4.
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 share of the total assessment against
such property in proportion as its, his or her respective interest bears to the total ownership 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.
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SECTION 5.
The several sums above mentioned and assessed against the said parcels of property, and owners thereof, and
penalty and interest thereon at the rate prescribed by Chapter 372, Subchapter A, Sections 372.018(b) et seq., of the Local
Government Code (the Public Improvements District Assessment Act), together with reasonable attorney's fees and cost
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 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 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. 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 January 31, 2008, and shall become
delinquent if not paid by February 1, 2008. The entire amount assessed against each parcel of property shall bear penalty
and interest, from and after February 1, 2008 at the same rate as prescribed by law for any delinquent ad valorem tax until
paid.
SECTION 6.
If default shall be made in the payment of any assessments, collection thereof shall be enforced by suit in any
court of competent jurisdiction, and said City shall exercise all of its lawful powers to aid in the enforcement and
collection of said assessments.
SECTION 7.
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.
SECTION 8.
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.
1-y DUN I to] ►`La
Full power to make and levy reassessments and to correct mistakes, errors, invalidates or irregularities in the
assessments are, in accordance with the law in force in this City, vested in the City.
SECTION 10.
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.
SECTION 11.
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 and reassessment shall not be necessary.
SECTION 12.
The assessments levied are made and levied under and by virtue of the terms, powers and provisions of Chapter
372, Subchapter A, Sections 372.001 et seq., of the Local Government Code (the Public Improvements District
Assessment Act).
SECTION 13.
Should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any
reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining
portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force
and effect.
SECTION 14.
That this ordinance shall be cumulative of Ordinance No. 15667 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other
ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations
are hereby expressly repealed.
SECTION 15.
This ordinance shall take effect and be in fall force and effect from and after the date of its passage and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
Date: September 11, 2007
ADOPTED: September 11, 2007
EFFECTIVE: September 11, 2007
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COUNCIL ACTION: Approved on 9/11/2007- Ord. No. 17756-09-2007 & 17757~09-2007
DATE: Tuesday, September 11'2007
LOG NAME: 13PID1 BEN07-08 REFERENCE NO.: BH-231
Benefit Hearing for Fort Worth Public I0Op[OVe0eOt District 1 CODC8[niOg Proposed
Property Assessments; Adoption of Ordinance Levying Assessments for Fiscal Year 2007-08; and
Adoption of Appropriation Ordinance to \OCF8B58 ESfDl8fed RBO8iDtS in the Special AGG8SGDleDt
District Fund
|tis recommended that the City Council:
1. Hold a benefit hearing concerning the proposed property assessment for property located in Fort Worth
Public Improvement District 1 (P|D 1) for Fiscal Year 2007-08;
2. Adopt the attached ordinance which levies the proposed assessment for property located in P|O 1 for
Fiscal Year 2OO7-OO'. and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$2.309.840.00 in the Special Assessment District Fund P|[} 1 Project account from available funds.
The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2007-
08 proposed assessments to be levied on each property in P|[] 1, to adopt an ordinance levying the
proposed assessments and to adopt appropriation ordinances allocating estimated receipts to the District.
On August 21, 200' (M&C G-15830 the City Council approved the Fiscal Year 2007-08 budget and five-
year service plan (attached), directed that certain improvements and/or services be provided in P|\] 1
during the Fiscal Year 2007-08. adopted the proposed 2007 nooeoe0ent roll and provided notice of this
benefit hearing.
The improvements and services toba provided and the costs thereof are:
Improvement
1) Operations
2) Maintenance & Landscape
3) Marketing
4) Security Enhancement
5) Transportation &Parking
O\ City Administration (2Y6 of budgeted private aooaemrnente)
Total
Total Budgeted Costs
$3O�0.00
$1.126.820.00
$427.170.00
$85,000.00
$327.000.00
$34,700.00
$2.309.840.00
Logname: 19PII]}BEN07-08 Page lof2
The total budgeted costs of the improvements are $2.309.840.00. Of this amount $1'735'000.00 will be
funded by assessments collected on privately owned parcels located in the district by applying orate of
$O.115 cents to each $1OO.00of property value. (Note: Assessment rate for 2OO7 was reduced o half cent
from 2006 assessment rate of $0.12 cents.) The remainder of the costa. $574.840.00 will be funded by
other revenue sources, including:
$193'750.00 indirect payment from the City for payment in lieu of assessments from
the General Fund bv City Council action on August 21'2OO7'K88C G-15837\;
$130.165.00 in direct payments from the City for payment in-lieu of services (appropriated from
the General Fund by City Council action onAugust 21.2007.K8&C G-15837\;
$155.585.00 in revenues generated bx district activities;
$25.000.00 in interest earned; and
$70.360.00 from prior year assessments.
Based on the appraised vm|ma of the prooertv, and considering the benefits to be received from the
proposed improvements and oomioea' it is the opinion of the City staff that an amount equal to or more
than the proposed aaeoasmento, upon completion of the improvements in accordance with the contract,
will enhance each parcel of property invalue.
This property is commonly known as the "Downtown" PID and is located in COUNCIL DISTRICT 9. /\map
is attached.
FISCAL INFORIVIATIONICERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordiDaDce, funds will be
available in the Fiscal Year 2OO7-O8 operating budget, as appropriated, of the Special Assessment District
Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GS87 488342 002501002000 ���40.00
GS87 539120 002501002000 $2,309,840.00
Submifted for City Manager's Office Karen Montgomery (6222)
Originating Department Head: Lena M. Ellis O55171
Additional Information Contact: Becky Wood 0550\
Logzmzoe:l3PIDl0EN07-O8 Page 2of2