HomeMy WebLinkAboutOrdinance 16125.. ~ . - lam .
ORDINANCE NO. /~
AN ORDINANCE CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE
COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH
PUBLIC IMPROVEMENT DISTRICT NO. 8 DURING FISCAL YEAR 2004-2005; SETTING
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.
8 during Fiscal Year 2004-2005; and
WHEREAS, the District consists of commercial properties along and adjacent to West 7`~ Street from ,
University Drive to Montgomery Street, and commercial properties along and adjacent to Camp Boulevard from West 7~'
Street, along Highway 80 West (now know as Camp Bowie West), to Loop 820 South; and
WHEREAS, the improvements/services to be provided are as follows:
1. A marketing/promotion and special event program;
2. Design guidelines;
3. Planned capital improvements, clean up and beautification program; and
4. General office and administrative program.
WHEREAS, the cost of such improvements is as follows:
To Be
Assessed
2004-OS FY
(1) City Fee $ 5,200
• (2) Operations 115,000
(3) Capital Improvements 99,800
(4) Marketing Campaign 30,000
(5) Special Events 10,000
Total $260,000
The entire cost of the District will be funded by assessments to property owners. The City will continue to provide the
standard level of services in the district.
WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was
adopted by the City Council on August 31, 2004 and is on file in the office of the City Secretary; and
WHEREAS, the improvements shall be provided by Historic Camp Bowie, Inc. under a contract with the City
of Fort Worth; and
WHEREAS, $260,000 of the cost of the improvements shall be assessed against property located in the District
and the owners of property; and
WHEREAS, the assessments shall be based on the value of each parcel on January 1, 2004, as determined by
the City Council, including the value of the structures on other improvements, with the assessment on each parcel to be
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determined by applying a rate of $0.10 per each $100 of property value:
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 set for a hearing, and the proper notice of the time, place and purpose of said hearing
was given and said hearing was held at the time and place fixed therefore, to-wit, on the 215` day of September, 2004, at
10:00 a.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, 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 levied.should be made and levied against
the respective parcels of property in the District and against the owners of such property. 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. The City Council
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, 2004, 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 to its, his or her respective interest 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 a 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 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
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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, 2005, and shall become
delinquent if not paid by February 1, 2005. The entire amount assessed against each parcel of property shall bear penalty
and interest, from and after February 1, 2005 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.
SECTION 9.
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.
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APPROVED AS TO FORM AND LEGALITY:
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 Texas 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 incorporated into the ordinance effecting the budget of the municipal
government of the City of Fort Worth for the ensuing Fiscal Year beginning October 1, 2004, and ending September 30,
2005, 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 full force and effect from and after the date of its passage and it is so
ordained.
Assistant City A ey - Adopt
Date:~~~
Effective
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City of Fort. Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/21/2004 -Ordinance Nos. 16125 and 16126
DATE: Tuesday, September 21, 2004
LOG NAME: 13PID8BENHEAR REFERENCE NO.: BH-217
SUBJECT:
Benefit Hearing for Fort Worth Public Improvement District No. 8 (Camp Bowie) Adoption of
Appropriation Ordinance and Levying of Assessments for Fiscal Year 2004-2005
RECOMMENDATION:
It.is recommended that the City Council:
1. Hold a benefit hearing concerning the proposed property assessments for FY 2004-2005, on
September 21, 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
$260,000 in the Special. Assessment District Fund from available funds.
DISCUSSION:
On August 31, 2004, (M&C G-14483) the City Council directed that certain improvements and/or services
(the "Improvements") shall be provided in Fort Worth Public Improvement District No. 8 during the 2004-
2005 fiscal year. It also adopted the proposed assessment roll and provided notice of this benefit hearing.
The improvements to be provided and the costs thereof are:
(1) City Fee
(2) Operations '
(3) Capitallmprovements
(4) Marketing Campaign
(5) Special Events
"Total
To Be
Assessed
FY2004-05
$ 5,200
115,000
99,800
30,000
10,000
$ 260,000
Total costs for improvements and services in the District are to be paid wholly from assessments with no
reimbursement from the City of Fort Worth.
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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.
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 each parcel of property will be enhanced in
value by an amount equal" to or more than the proposed assessments upon completion of the
improvements in accordance with the PID 8 management contract between the City and Historic Camp
Bowie, Inc.
PID No. 8 is located in COUNCIL DISTRICTS 3 and 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached ordinances, funds required for this
expenditure will be available in the fiscal year 2004-2005 operating budget, as appropriated, of the Special
Assessment District Fund.
TO Fund/Account/Centers FROM Fund/AccountlCenters
GS87 488342 002508002000 $260.000.00
GS87 539120 002508002000 $260.000.00
Submitted for City Manager's Office b~ Richard Zavala (Acting) (8511)
Originating Department Head: Jim Keyes (8517)
Additional Information Contact: Skipper Shook (8519)
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