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HomeMy WebLinkAboutOrdinance 16584-09-2005ORDINANCE NO. /(shy-©q-aoOS 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 2005-06; 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 1 during Fiscal Y 2005-06; and WHEREAS, the District onsists of an area bounded by Cummings Street, Bluff Street, Elm Street, Belknap Street, Nichols Street, W atherford Street nd the AT & SF Railroad tracks on the ast; 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 re 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. 1) Maintenance/Landscaping 2) Marketing 3) Security 4) Transportation & Parking 5) Operations 6) City Administration Fee Total Budgeted Costs $977,371 187,333 31 019 140,629 284,800 22,960 $1 644 112 x The total budgeted costs of the improvements $1,644 112. Of this amount, $1 148,000 will be funded by assessments ollected on privately owned parcels located in the district. The emainder of the sts, $496,112, will be funded by other venue sources, includmg: $174,520 in direct payment from the City for payment in lieu of assessments as equired by Section A 372.014 (b) of the Local Government Code; $125,092 in direct payments from the City for payment in lieu of ervices, which was appropriated from the General Fund balance by City Council action on August 23 2005 (M&C G-14892); $113,500 in revenues generated by district ctivities; $78,000 from prior year assessments, and $5,000 in interest arned. WHEREAS, the improvements fully described in service, improvement and assessment plan which was adopted by the City Council on August 23 2005 (M&C G-14892), and on file in the office of the City Secretary and WHEREAS, the improvements shall be provided by Downtown Fort Worth, Inc. ("DFWI") under contract with the City of Fort Worth, and WHEREAS, $1 148,000 of the st 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 alue of ch parcel on January 1 2006, 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 ate of $0 12 cents to each $100 of property value; and WHEREAS, such proposed assessment oll was approved and adopted by the City Council of the City of Fort Worth, and a time and place was fixed for hearing, and the proper notice of the time, place and pu~ose of said hearing was given and said hearing was had and held at the time and place fixed therefore, to-wit, on the 13 day of September, 2005 at 7.00 p.m. in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such hearing us 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: SECTION 1 Said hearing be, and the same is hereby closed and the id protest and objections, and any and all other protests and objections, whether herein enumerated or not, be and the ame re hereby overruled. SECTION 2. 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 right and proper nd re substantially in proportion to the benefits to the spective parcels of property by means of the improvements rn the District for which such assessments levied and stablish substantial justice and equality and uniformity between all parties concerned, considering the benefits eceived and burdens imposed, and further finds that in ach case the property ssessed is specially benefited in enhanced alue to the said property by means of the said improvements in the District and for which assessment is levied and charge made, in 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 ccordance with the law force in this City and the proceedings of the City heretofore had with eference to said improvements, and in all espects alid and regular The City Council, from the idence, further finds that the slues of the respective parcels of property on January 1 2005 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 eal and true owners thereof (whether such owners be correctly amed herein ot), the sums of money itemized per parcel of property and the owners thereof, as far as such owners known. SECTION 4. Where more than one person, firm corporation owns an interest in any property described herein, each said person, firm orporation shall be personally liable only for its, her his pro ata share of the total sment 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 eleased from the assessment lien upon payment of such proportionate sum. 2 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 assessed, and a personal liability nd charge against the real and true owners of such property whether such owners be correctly named herein 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 first and paramount lien thereon, uperior to all other liens and claims, except state, county chool district and ity ad alorem taxes. A copy of this rdinance 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 nd become due and payable as follows, to-wit: The assessments shall be payable on or before January 31 2006, and shall become delinquent if not paid by February 1 2006. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1 2006 at the ame 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 seesments, collection thereof shall be enforced by suit in any ourt of competent jurisdiction, and id City shall xercise 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, in accordance with the proceedings of the City relating to said improvements and assessments thereof and is less than the proportion of the ost allowed and permitted by the law in force in the Crty SECTION 8. Although the aforementioned charges have been fixed, levied and assessed in the spective amounts herein stated, the City Council does hereby eserve unto itself the fight to educe the aforementioned assessments by allowing redits to ertain property owners where deemed appropriate. Notwithstanding the City Council has herein reserved the fight to issue credits, it shall not be required to issue credits, and will not do so, if same would result in any inequity nd/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 a credit against the espective ssessments. SECTION 9 Full power to make and levy assessments and to correct mistakes, errors, invalidates irregularities in the ssessments are, in accordance with the law in force in this City sted the City SECTION 10. All assessments levied are 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 ssessment, it shall be sufficient to allege the substance of the provision recited in this ordinance and that such rtals re in fact true, and further allegations with eference to the proceedings elating to ch sessment and reassessment shall of 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 part of section of this ordinance be declared invalid, inoperative id for any eason by court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the emaining 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 nstances where the provisions of this rdinance re 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. rdained. This ordmance shall take effect and be in full force and effect from and after the date of its passage and it so APPROVED AS TO FORM AND LEGALITY Assista t City Attorn _ Date: ADOPTED• S~Q.p~em62I- ~3~a~OS EFFECTIVE. SP~7~'- b ~ ~ ~aB0,5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 9/13/2005 Ordinance No 16584-09-2005 8~ Ordinance No 16585-09-2005 8< Ordinance No 16586-09-2005 DATE Tuesday September 13 2005 LOG NAME 13PID1 BEN05-06 REFERENCE NO BH-219 SUBJECT Benefit Hearing for Fort Worth Public Improvement District Number 1 (Downtown) Concerning Proposed Property Assessments Adoption of Ordinance Levying Assessments for Fiscal Year 2005-06 Adoption of Appropriation Ordinance for Fiscal Year 2005-06 Authorize Transfer of City's Payment in-lieu of Assessments and Adoption of Appropriation Ordinance to Increase Estimated Receipts in the Special Assessment District Fund RECOMMENDATION It is recommended that the City Council 1 Hold a benefit hearing concerning the proposed property assessments for Fort Worth Public Improvement District (PID 1) for Fiscal Year 2005-06 2. Adopt the attached ordinance which levies the proposed assessments for PID 1 for Fiscal Year 2005- 06 3 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $1 148 000 00 in the Special Assessment District Fund PID 1 Project account from available funds; 4 Authorize the transfer of $174 520 00 for the City's payment in-lieu of assessments from the General Fund to the Special Assessment District Fund PID 1 Project for Fiscal Year 2005-06 and 5 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $174 520 00 in the Special Assessment District Fund PID 1 Project from available funds. DISCUSSION The purpose of this benefit hearing is to receive comments from the public regarding the Fiscal Year 2005- 06 proposed assessments to be levied on each property in PID 1 to adopt an ordinance levying the proposed assessments, to adopt appropriation ordinances allocating estimated receipts to the District and authorizing the transfer of funds to the District for the City's payment in-lieu of assessments. On August 23 2005 (M&C G-14892) the City Council approved the Fiscal Year 2005-06 budget and five- year service plan directed that certain improvements and/or services be provided in PID 1 during the Fiscal Year 2005-06 adopted the proposed 2005 assessment roll and provided notice of this benefit hearing Logname• 13PID1BEN05-06 Page 1 of 3 The improvements and services to be provided and the costs thereof are Improvement Total Budgeted Costs 1) Maintenance $977 371 00 2) Marketing $.187 333 00 3) Security $31 019 00 4) Transportation & Parking $140 629 00 5) Operations $284 800 00 6) Administration $22,960.00 Total $1,644,112.00 The total budgeted costs of the improvements are $1 644 112.00 Of this amount, $1 148 000 00 will be funded by assessments collected on privately owned parcels located in the district by applying a rate of $0 12 cents to each $100 00 of property value The remainder of the costs, $496 112 00 will be funded by other revenue sources, including $174 520 00 in direct payment from the City for payment in lieu of assessments as required by Section A 372.14 (b) of the Local Government Code $125 092.00 in direct payments from the City for payment in- lieu of services, which was appropriated from the General Fund fund balance by City Council action on August 23 2005 (M&C G-14892) $113 500 00 in revenues generated by district activities; $78 000 00 from prior year assessments, and $5 000 00 in interest earned Based on the appraised value of the property and considering the benefits to be received from the proposed improvements and services, 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 This property is commonly known as the 'Downtown PID and is located in COUNCIL DISTRICT 9 A map is attached FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon adoption of the attached appropriation ordinance funds will be available in the Fiscal Year 2005-06 operating budget, as appropriated of the Special Assessment District Fund TO Fund/Account/Centers GS87 488342 002501002000 $1,148,000.00 GS87 539120 002501002000 $1,148,000.00 GS87 472001 002501002000 $174,520.00 GS87 539120 002501002000 $174,520.00 FROM Fund/AccountlCenters GG01 538070 0905800 $174,520.00 Submitted for City Manager's Office by. Originating Department Head. Logname 13PID1BEN05-06 Richard Zavala (Acting) (6222) Jim Keyes (8517) Page 2 of 3