HomeMy WebLinkAboutOrdinance 18804-09-2009ORDINANCE NO 18804-09-2009
AN ORDINANCE ORDERING THE LEVY OF SPECIAL ASSESSMENTS
FOR THE COST OF CERTAIN IMPROVEMENTS ANDlOR SERVICES
PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 14
DURING FISCAL YEAR 2009-10 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 Distract No 14 (the `District") dunng Fiscal Year 2009-10• and
WHEREAS, the Distract consists of an area of approximately 21 329 acres bounded by
Samuels Avenue East Belknap Street East Bluff Street East Peach Street Gounah
Street and North Harding Street and
WHEREAS, the improvements and services to be provided in the Distract dunng the 2009-
2010fiscal year and the estimated costs of such improvements and services, are as follows
City Administrative Fee
Expenses ,~ 14 448
~:._. _ _
ed Operating Reserve 0
otal Expenses ~ $14,
The total budgeted costs of the improvements are $14 448 Of this amount, $14 448 will be funded
by assessments collected on privately owned parcels located in the distract; and
WHEREAS, the improvements and services shall be provided or caused to be provided by
Downtown Fort Worth, Inc. under a contract with the Crty and
WHEREAS, the City Council has found that the above-referenced improvements and
services confer a special benefit on property located m the Distract; and
WHEREAS the assessments shall be based on the value of each parcel on January 1 2009
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 10 to each $100 of property
value; and
WHEREAS, such proposed assessment roll was approved and adopted by the Crty Council
of the City of Fort Worth, and a time and place was fixed for a hearang, and the proper notice of the
time, place and purpose of said heanng was given and said heanng was had and held at the time and
place fixed therefore, to-wit, on the 8`h day of September 2009 at 7 00 p.m. in the Council Chamber
m the City Hall m the City of Fort Worth, Texas, and at such hearing varaous protests and obJect~ons
were made, and all desiring to be heard were given a full and fair opportunity to be heard, and the
Crty Council of the City having fully considered all proper matters, is of the opinion that the said
heanng 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 heanng 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 Distract and against the owners of
such property and that such assessments and charges are nght and proper and are substantially in
proportion to the benefits to the respective parcels of property by means of the improvements in the
Distract 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 m each case the property assessed is specially benefited m enhanced value to the
said property by means of the said improvements m the Distract and for which assessment is levied
and charge made, m a sum m 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 m accordance
with the law in force m this City and the proceedings of the City heretofore had with reference to
said improvements, and is m all respects valid and regular The Crty Council, from the evidence,
further finds that the values of the respective parcels of property on January 1 2009 are true and
correct.
SECTION 3
There shall be, and are hereby levied and assessed against the parcels of property m the
Distract, 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.
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SECTION 4
Where more than one person, firm or corporation owns an interest m 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 m 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.
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 Distract
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 hens 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 hen thereon, superior to all other hens and claims, except
state, county school distract 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 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 2010 and shall become delinquent if not paid by February 1 2010 The entire amount
assessed against each parcel of property shall bear penalty and interest, from and after February 1
2010 at the same rate as prescribed by law for any delinquent ad valorem tax until paid.
SECTION 6.
If default shall be made m the payment of any assessments, collection thereof shall be
enforced by suit m any court of competent Jurasdiction, and said City shall exercise all of its lawful
powers to aid m the enforcement and collection of said assessments.
SECTION 7
The total amount assessed against the respective parcels of property and the owners thereof,
is m 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 m force m the
City
SECTION 8.
Although the aforementioned charges have been fixed, levied and assessed in the respective
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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 m 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.
SECTION 9
Full power to make and levy reassessments and to correct mistakes, errors, invalidates or
irregularities m the assessments are, m accordance with the law m 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 m this ordinance and that such recitals are m 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 m no way impair the remammg portions, sections, or parts of sections of this
ordinance, which said remammg provisions shall be and remain m 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 m those instances where the provisions of this ordinance
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are m 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 full force and effect from and after the date of its
passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
By~
Peter Vaky
Assistant City Attorney
M&C BH 246
ADOPTED AND EFFECTNE September $, 2009
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 9/8/2009 -Ord. Nos. 18804-09-2009, 1,8805-09-2009 &
18806-09-.20.09.._
DATE Tuesday September 08 2009
LOG NAME 17PID14BENHEAR2009
REFERENCE NO BH-246
SUBJECT
Conduct a Benefit Hearing for Fort Worth Public Improvement District 14 (Trinity Bluff) Concerning the
Proposed Budget and Five-Year Service Plan and Proposed Assessment Roll Adopt Ordinance Levying
Special Assessments for 2009 Tax Year• Adopt Appropriation Ordinances to Increase Estimated Receipts
in the Special Assessment District Fund and Special Trust Fund for Fiscal Year 2009-2010 and Authorize
Execution of an Agreement with Downtown Fort Worth Inc. to Manage the District
RECOMMENDATION
It is recommended that the City Council
1 Hold a benefit hearing concerning the proposed special assessments on property located in Fort Worth
Public Improvement District 14 (Trinity Bluff) for the 2009-2010 Fiscal Year•
2 Approve the attached 2009-2010 Fiscal Year budget and five-year service plan for the Fort Worth
Public Improvement District 14 (Trinity Bluff);
3 Adopt the attached ordinance levying special assessments on property in the Fort Worth Public
Improvement District 14 (Trinity Bluff) subject to assessment for the 2009 tax year
4 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$14 448 00 in the Special Assessment District Fund Public Improvement District 14 Fiscal Year 2009-
2010 Project Account, from available funds
5 Authorize the transfer of $2 000 00 for administrative fees from the Special Assessment District Fund
Public Improvement District 14 Fiscal Year 2009-2010 Project Account, to the Special Trust Fund
contingent upon the adoption of the proposed ordinance levying assessments
6 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund by $2 000 00 from available funds and
7 Authorize the City Manager to execute an Agreement with Downtown Fort Worth Inc. to provide
management and improvement services for the Fort Worth Public Improvement District 14 (Trinity Bluff)
during Fiscal Year 2009-2010 for the sum of $448 00
DISCUSSION
On June 16 2009 the City Council adopted Resolution No 3748-06-2009 establishing the Fort Worth
Public Improvement District (Trinity Bluff. PID).
The purpose of this benefit hearing is to receive comments from the public regarding the 2009-2010 Fiscal
Logname: 17PID14BENHEAR2009 Page 1 of 2
Year budget and five-year service .plan for the PID and the proposed assessments to be levied on each
property in the PID for the 2009 tax year Following the public hearing it is recommended that the City
Council approve the attached budget and five-year service plan of the PID adopt the attached ordinance
levying the proposed assessments and to adopt the attached appropriation ordinances allocating
estimated receipts to the Trinity Bluff PID's fund
On August 25 2009 (M8~C G-16681) the City Council conducted a public hearing to receive comments on
the proposed 2009-2010 Fiscal Year budget and five-year service plan for the PID Notice of this benefit
hearing was published in the newspaper and mailed to all record owners of property in the Trinity Bluff PID
in accordance with State law
The improvements and services to be provided in the PID during the 2009-2010 Fiscal Year and the costs
thereof are
improvements
Management Fee
Marketing
City Administrative Fee
Budget Expenses
Estimated Operating Reserve
Total Expenses
Total Budgeted Costs
$448 00
$12 000 00
2 000.00
$14,448.00
0.00
$14 448 00
The total budgeted costs of the improvements are $14 448 00 Of this amount, $14 448 00 will be funded
by assessments collected on privately owned parcels located in the district by levying special
assessments at a rate of $0 10 to each $100 00 of value
The Trinity Bluff PID is located in COUNCIL DISTRICT 9
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinances funds will be available in the Fiscal Year 2009-
2010 operating budget, as appropriated of the Special Assessment District Fund and the Special Trust
Fund
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
7)) FE72 481306 017587001000 2 000.00 6)~GS87 539120 002514009000
7)) FE72 511010 017587001000
5)) G587 488342 002514009000
5)) GS87 539120 002514009000
CERTIFICATIONS
Submitted for City Manager's Office bv.
Originating Department Head.
Additional Information Contact:
2 000.00 8)) GS87 539120 002514009000
$14,448.00
$14,448.00
Thomas Higgins (6140)
Jay Chapa (6192)
Sylvia Flores (8550)
2 000.00
448.00
Logname• 17PID14BENHEAR2009 Page 2 of 2