HomeMy WebLinkAboutOrdinance 15669®~»AN~>EN®. r~~~
W>f~E~AS, the City Council of the City of Fort Worth, Texas, has heretofore directed that certaui
improvements andlor services (the "Improvements") shall be provided in the Fort Worth Public Improvement District No.
10 during Fiscal Year 2003-2004; and
W~JR>EAS, the District consists of an area bounded by Jones Street on the west; Lancaster Avenue on the
south; the Sante Fe Tracks to Weatherford Street to Nichols Street to Belknap Street to Ehn Street to Bluff Street, to
Cummings Street to the River on the east; and the River to the existing eastern boundary of Public Improvement District
No. l; and
W13~~AS, the improvements to be provided are as follows:
1. a maintenance and landscaping program
2. a promotions program
3. a marketuig program
4. a security program
5. a transportation/parlang program
6. a management program; and.
Wl~>[I~AS, the cost of such improvements is as follows:
Total To Be
Cost Assessed
2003-04 FY
(1) a maintenance and landscapuig program $94,832 $34,300
(2) City administration fee 2,000 2.000
Totals $96,832 $36,300*
* The $60,532 difference between costs and assessments reflects a subsidy of $51,132 from other S.I.D. activities
generated by P.LD. No. l; $'7,600 from "The T" for contract services; and $2,460 from the City for City owned properties
in the district. There will be a $660 revenue balance over expenses generated by Downtown Fort Worth,
Inc.
Wlf~)~AS, the improvements are fully described in a service, improvement and assessment plan which was
adopted by the City Council on August 26, 2003 and is on file in the office of the City Secretary; and
WHl!/~A.S, the improvements shall be provided by Downtown Fort Worth, Inc. ("DFWI") under a contract
with the City of Fort Worth; and
~JV~JR)FAS, $36,300 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
W~l~AS, the assessments shall be based on the value of each parcel on January 1, 2003, as determined by
the City Council, including the value of the structures on other improvements, with the assessment on each parcel to be
determuied by applying a rate of 12.0 cents to each $100 of property value; and
W~EItEAS, 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 pur~ose of said hearing
was given and said hearing was had and held at the time and place fixed therefore, to-wit, on the 9 day of September,
2003, 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.
N®W, T~.EI2EF®I2E, BE IT ®ItIDAINEI9 BY . TAE CITY C®UNCII. ®F T'~E CITY DF F®IZT
W®RTH, TEXAS:
SECTI®N 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.
SECTIIDN 2.
The Ciry 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 properly 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 againstthe 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, 2003, are true and correct.
SECTI®N 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 lrnown.
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 properly may be released from the assessment lien upon payment of such proportionate
sum.
SECTI®N 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 372.018tb), 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 properly 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 maybe filed with the County Clerk of Tarrant County, Texas, and when so filed shall constitute complete and
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adequate legal notice to the public concenung the liens hereby assessed agauist the respective parcels of property and the
owners thereof.
The sums so assessed against the respective parcels of properly 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, 2004, and shall become
delinquent if not paid by February 1, 2004. The entire amomit assessed against each parcel of properly shall bear penalty
and interest, from and after February 1, 2004 at the same rate as prescribed by law for any delinquent ad valorem tax until
paid
SEC'I'I~N 6.
If default shall be made in the payment of any assessments, collection thereof shall be enforced by suit ui 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.
SECTI®N 7.
The total amomrt assessed against the respective parcels of property, acid 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 ul force in the City.
SECTI®N 8.
Although the aforementioned chazges 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 Comicil 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
amomits, if any, as may hereafter be allowed by the City Council as a credit against the respective assessments.
SECTI®N 9.
Full power to mare and levy reassessments and to correct mistakes, errors, invalidates or irregularities in the
assessments are, in accordance with the law in force iu this City, vested in the City.
SECTI®N 10.
All assessments levied are a personal liability and charge against the real and true owners of the properly
described, notwithstanding such owners may not be named, or may be incorrectly named.
SECTI®N 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 aze in fact true, and further allegations with reference to the proceedings
relating to such assessment and reassessment shall not be necessary.
SEC'pI®N 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).
SECTI®1~ 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, wluch said remaining provisions shall be and remaui in full force
and effect.
SECT'I®1V 14.
That this ordinance shall be cwnulative of Ordinance No. 15184, and all other ordinances and appropriations
amending the same except iu those instances where the provisions of this ordinance are ui direct conflict with such other
ordinances and appropriations, in which instance said conflicting provisions of said prior ordniances and appropriations
are hereby expressly repealed.
SECTI®N 15.
ordained
This ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so
AI'P'It®~+ ID AS ~'O i+'®I2NI t~ND I.EGA.I.,ITY:
aDO1rrED: 9 / 9103
EFFECTIVE: ~ t ~ l ~ ~_`
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Date: ~ ~ ci ~ b ~
aC'ity of Fort Worth, 7'excas
DATE REFERENCE NUMBER LOG NAME PAGE
9/9/03 gH_209 13PID10BENEHEAR 1 of 2
suB~ECT BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 10
(EXPANDED DOWNTOWN), ADOPTION OF APPROPRIATION ORDINANCE AND
LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2003-2004
RECOMMENDATION:
It is recommended that the City Council:
Hold a benefit hearing on September 9, 2003, concerning the proposed property assessments for
Fiscal Year 2003-2004; and
2. Close the benefit hearing; and
3. Adopt the attached ordinance which levies the proposed assessments; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$36,300. in the Special Assessment District Fund from available funds.
DISCUSSION:
On August 26, 2003 (M&C G-14074), the City Council directed that certain improvements and/or
services ("the Improvements") should be provided in Fort Worth Public Improvement District (PID) No.
10 during the Fiscal Year 2003-2004. The City Council also adopted the proposed assessment roll and
authorized notice of this benefit hearing.
The improvements to be provided and the costs thereof are:
To Be Assessed
Total Cost FY 2003-2004
(1) A maintenance and landscaping program $94,832 $34,300
(2) City administration fee $ 2,000 $ 2.000
Totals $96,832 $36,300*
* The $60,532 difference between total costs and assessments includes $2,460 in direct payments from
the City, which was appropriated from General Fund balance by City Council action on August 26, 2003
(M&C G-14074), $51,132 in revenues from ofiher Special Improvement District activities generated from
PID No. 1; and $7,600 from "The T" for contract services. There will be a $660 revenue balance over
expenses generated by Downtown Fort Worth, Inc.
All costs of improvements shall be assessed against private property located in the District and the
owners of the property. The City Manager has filed with the City Secretary a proposed assessment roll
and an estimate of the assessments against each parcel.
City of .fort Wo~t1~9 .Texas
DATE
9/9/03 REFERENCE NUMBER
gH_209 LOG NAME
13PID10BENEHEAR PAGE
2 of 2
SUBJECT BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 10
(EXPANDED DOWNTOWN), ADOPTION OF APPROPRIATION ORDINANCE AND
LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2003-2004
Based on the appraised value of the property, and considering the benefits to be received from the
proposed improvements, it is the opinion of the City staff that an amount equal to or more than the
proposed assessments upon completion of the improvements in accordance with the contract will
enhance each parcel of property in value.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached ordinances, funds will be. available in
the Fiscal Year 2003-2004 operating budget, as appropriated, of the Special Assessment District Fund.
RZ: r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GS87 488342 002510002000 $36,300.00
Richard Zavala (Acting) 6183 GS87 539120 002510002000 $36,300.00
Originating Department Head:
Jim Keyes 8517 (from) APPROVED 09/09/03
ORD. #'s 15669 & 15670
Additional Information Contact:
Linda Brown 8334