HomeMy WebLinkAboutOrdinance 15228
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ORDINANCE NO.
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST
OF CERTAIN IMPROVEMENTS ANDJOR SERVICES PROVIDED IN FORT WORTH
PUBLIC IlVIPROVEMENT DISTRICT NO. 1 DURING FLSCAL YEAR 2002-2003; FIIIIl~TG
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 CREDTfS 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 doting Fiscal Year 2002-2003, and
WHEREAS, the District consists of an area bounded by Jones Street on the east; Lancaster Avenue on the
south; Texas Street, Macon Street, Fourth Street, Burnett Street, Belknap Street and Taylor Street on the west; and the
Trinity River and Jones Street up to Bluff Street to include the east 100 and east 200 blocks of Bluff Street on the north;
and
WHEREAS, the improvements to be provided are as follows:
1. a maintenance and landscaping program
2. a promotions program
3 a marketing program
4 a security program
5 a transportation/parking program
6. a management program; and
WHEREAS, the cost of such improvements is as follows:
To be
Total Assessed
Cost 2002-03 FY
(1) a maintenance and landscaping program $590,665 $389,242
(2) a promotions program 40,000 26,360
(3) a marketing program 76,824 50,626
(4) a security program 25,305 16,675 .~
(5) a transportation and parking program 96,656 63,695
(6) a management program 235,819 155,402
(7) excess SID revenues to expansion area 1,032 -0-
Totals $1,066,301 $702,000
* The $364,301 difference between costs and assessments reflects receipt of $250,600 from the City for payment in lieu
of services, $101,014 in revenue from district activities, and $12,687 from other revenue sources, including the use of
district reserve funds if necessary
WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was
adopted by the City Council on August 27, 2002, and is on file in the office of the City Secretary; and
WHEREAS, the improvements shall be provided by Downtown Fort Worth, Inc. ("DFWP') under a contract
with the City of Fort Worth; and
WHEREAS, $702,000 of the cost of the improvements shall be assessed against properiy 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, 2002, 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 12.0 cents to each $100 of property value; and
WHEREAS, such proposed assessment roll was approved and adopted by the City Council of the City of Fort
World, and a time and place was fixed for a hearing, and the proper notice of the time, place and pu~ose of said hearing
was given and said hearing was had an+d held at the time an+d place fixed therefore, to-wit, on the 10 day of September,
2002, 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.
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 ovemrled.
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 are right and proper and are substantially in proportion to the benefits to the respective parcels of property by
means of the irprovements 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 properly 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, fiuther finds
that the values of the respective parcels of property on January 1, 2002, 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 descnbed 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 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 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,
2
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 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, 2003, and shall become
delinquent if not paid by February 1, 2003 The entire amount assessed against each parcel of property shall bear penalty
and interest, from and after February 1, 2003 at the same rate as prescribed by law for any delinquent ad valorem tax until
paid
SECTION 6.
ff 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 flared, 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 cr~its, it shall not be required to issue credits, and will not do so, if same would result in any inequity
\, and/oriinjust discrimination.
The principal amount of each of the several assessments levied by the City of Fort Worth, Teams, 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 maybe 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
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~ ~ SECTION~i2.~ ~+ 2 I N
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 portioq 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 decisioq 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 cumulative of Ordinance No. 14814 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
APPROVED AS TO FORM AND LEGALITY:
Assistant ~ Attorney
Date: ~ ~ ~ d~ ~
ADOPTED ~f 1 d J ~
EFFECTIVE. ~II D Q 7^
4
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
9/10/02 BH-203 13BH1 1 of 2
SUBJECT BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 1
(DOWNTOWN), ADOPTION OF APPROPRIATION .ORDINANCE AND LEVYING OF
ASSESSMENTS FOR FISCAL YEAR 2002-2003
RECOMMENDATION
It is recommended that the City Council
1 Hold a benefit hearing on September 10, 2002, concerning the proposed property assessments for
Public Improvement District (PID) No 1 (Downtown) for FY2002-2003, 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
$702,000 in the Special Assessment District Fund from available funds
DISCUSSION
On August 27, 2002 (M&C G-13710), the City Council directed that certain improvements and/or
services be provided in Fort Worth PID No 1 during FY2002-2003 The City Council also adapted the
proposed assessment roll and provided notice of this benefit hearing The improvements to be
provided and the costs are as follows
Total Cost Assessments
• Maintenance and Landscaping Program $ 590,665 $389,242
• Promotions Program $ 40,000 $ 26,360
• Marketing Program $ 76,824 $ 50,626
• Security Program $ 25,305 $ 16,675
• Transportation and Parking Program $ 96.,656 $ 63,695
• Management Program $ 235,819 $155,402
• Excess SID revenues to expansion area $ 1,032 -0-
TOTAL $1`,066,301 $702,000*
*The $364,301 difference between total costs and assessments includes $250,600 in direct payments
from the City, which was appropriated from the General Fund balance by City Council action on August
27, 2002 (M&C G-13710), $101,014 in revenues from district activities and $12,687 from other
miscellaneous revenue sources, including the use of district reserve funds if necessary
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's Office a proposed
assessment roll and an estimate of the assessments agains# each parcel
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City of Fort Wo~t`h, Texas
Mayor and Council Communication
DATE
9/10/02 REFERENCE NUMBER
BH-203 LOG NAME
13BH1 PAGE
2 of 2
SUBJECT BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 1
(DOWNTOWN}, ADOPTION OF APPROPRIATION ORDINANCE AND LEVYING OF
ASSESSMENTS FOR FISCAL YEAR 2002-2003
Based on the appraised value of the property, and considering the benefits to be received from the
proposed improvements, it is the opinion of 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 contract.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon adoption of the attached ordinances, funds will be available in
the FY2002-2003 operating budget, as appropriated, of the Special Assessment District Fund
CB n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GS87 488342 002501002000 $702,000.00
Charles Boswell 6183 GS87 539120 002501002000 $702,000.00
Originating Department Head:
Jim Keyes 8517 (from) APPROVED 09/10/02
ORD.# 15228 AND 15229
Additional Information Contact:
Linda Brown 6030