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HomeMy WebLinkAboutOrdinance 16108ORDINANCE NO. / `C~ l 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 2004-2005; 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, T xas, 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 Year 2004-2005 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 nd landscaping program 2. a promotions program 3 a security program 4 marketing program 5 a transportation/parking program 6 management program, nd WHEREAS, the cost of ch improvements is as follows. 1) Maintenance 2) Promotions 3) Security 4) Marketing 5) Transportation & Parking 6) Management T Be Assessed Total Costs FY 2004-OS $775,940 $525,072 20 000 13,534 27,580 ~~~ 18,663 103,520 ;~, 70,051 125,368 84,836 277,592 187,844 $1,330 000 $900,000* The $430,000 difference between sts nd ssments effects receipt of $293 738 from the City for payment lieu of services, $95 100 in revenue from district activities, and $41 162 from other revenue sources, including the use of district eserve funds if necessary WHEREAS, the improvements fully described in a service, improvement and assessment plan which was adopted by the City Council on July 20 2004 and is on file 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, $900,000 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 2004 as determined by the City Council, including the value of the structures on other improvements, with the essment on each parcel to be determined by applying a rate of 12.0 cents to each $100 of property slue; 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 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 7 day of September 2004 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 nd 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 not, be and the ame are hereby overruled. SECTION 2. The City Council, from the evidence, finds that the assessments herein levied should be made and levied against the espective parcels of property the District and against the owners of such property and that such assessments and charges are fight and proper and are substantially proportion to the benefits to the respective parcels of property by means of the improvements the District for which such assessments are levied and establish substantial justice and equality and iformity between all parties concerned, considering the benefits received and burdens imposed, and further finds that ach case the property assessed is specially benefited enhanced value to the said property by means of the said improvements in the District and for which assessment levied and charge made, a um in ess of id 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 this City nd the proceedings of the City heretofore had with eference to said improvements, nd all espects slid and egular The City Council, from the evidence, further finds that the alues of the respective parcels of property on January 1 2004 true and correct. SECTION 3. There shall be, and hereby levied and assessed against the parcels of property in the District, and gainst the al and true owners thereof (whether such owners be correctly named herein or ot), the sums of money itemized per parcel of property nd the owners thereof, as far as such owners are known. SECTION 4. Where more than one person, firm corporation owns an nterest in ny property described herein, ch said person, firm or corporation shall be personally liable only for its, her or his pro ata share of the total assessment against such property 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 um. 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 nd are made lien upon the respective parcels of property against which the same re assessed, and personal liability and charge against the real and true owners of such property whether such owners be correctly amed 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, cept state, county school district and ity 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 ntil paid. SECTION 6. If default shall be made in the payment of any assessments, collection thereof shall be riforced 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 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 force in the City SECTION 8. Although the aforementioned charges have been fixed, levied nd sessed the espective amounts herein stated, the City Council does hereby reserve nto itself the right to educe the aforementioned assessments by allowing credits to ertain property owners where deemed appropriate. Notwithstanding the City Council has herein reserved the fight to ue credits, it shall not be required to issue credits, and will not do so, if same would- esult ny inequity and/or unjust discrimination. The principal amount of ch of the several assessments levied by'the City of Fort Worth, Texas, as hereinafter provided, shall be fixed nd determined by deducting from the amount of ny assessment herein levied uch amount or amounts, if any as may hereafter be allowed by the City Council as a credit against the espective assessments. SECTION 9 Full power to make and levy assessments and to correct mistakes, errors, invalidates or irregularities the assessments are, accordance with the law in force this City ested the City SECTION 10. All assessments levied re a personal liability and charge against the real and true owners of the property described, notwithstanding such owners may not be amed, may be orrectly amed. 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 section of this ordinance be declared invalid, noperative 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 full force and effect. SECTION 14. That this ordinance shall be cumulative of Ordinance No 15184 nd all other ordinances and appropriations amending the same except those nstances where the provisions of this ordinance are in direct conflict with such other ordinances nd appropriations, in which nstance said conflicting provisions of id prior rdinances nd appropriations are hereby xpressly epealed. SECTION 15. This ordinance shall take effect and be in full force and effect from nd after the date of its passage and it so rdained. APPROVED AS TO FORM AND LEGALITY ~- Assistant ~' Attorney Date ADOPTED• ~' EFFECTIVE. `~'I-~ `®~t' 4