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HomeMy WebLinkAboutOrdinance 14373ORDINANCE NO. /y3 ~ ~3 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 2000-2001; 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 Crty 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 Year 2000-2001, and WHEREAS, the Distract 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 east 100 and east 200 blocks of Bluff Street on the north, and WHEREAS, the unprovements 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 nnprovements is as follows: Revenues From Revenues Total Assessments From Cost of FY 2000-2001 Others Improvements (1) A maintenance and $376,546 $198,352 $574,898 landscaping program (2) A promotions program 47,781 25,169 72,950 (3) A marketing program 44,795 23,597 68,392 (4) A security program 44,211 23,289 67,500 (5) A transportation & 15,173 7,992 23,165 parking program (6) City Administrative fee 5,000 -0- 5,000 (7) A management program 131,494 71,901 203,395 Total $665,000 $350,300 $1,015,300 WHEREAS, the improvements are fully described in a service, unprovement and assessment plan which was adopted by the City Council on September 26, 2000, and is on file in the office of the Crty Secretary; and WHEREAS, the unprovements shall be provided by Downtown Fort Worth, Inc. ("DFWI") under a contract with the City of Fort Worth; and WHEREAS, $665,000 of the cost of the unprovements 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 DF WI, and WHEREAS, the assessments shall be based on the value of each parcel on January 1, 2000, as determined by the City Council, including the value of the structures on other unprovements, 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 Worth, and a tune and place was fixed for a hearing, and the proper notice of the time, place and purpose of said hearing was given and said hearing was had and held at the time and place fixed therefor, to-wrt, on the 17~' day of October, 2000, 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 desu•ing to be heard were given a full and fair opportumty to be heard, and the -Crty Council of the Crty, having fully considered all proper matters, is of the opuuon 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 Crty Council, from the evidence, finds that the assessments herein levied should be made and levied agamst the respective parcels of property m the District and agamst 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 unprovements in the IDistnct for which such assessments are levied and establish substantial justice and equality and uniforrmty between all parties concerned, considering the benefits received and burdens unposed, and further finds that in each case the property assessed is specially benefited ul enhanced value to the said property by means of the said unprovements in the District and for which assessment is levied 2 and charge made, in 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 unprovements is m accordance with the law m force in this Crty, and the proceedings of the Crty heretofore had with reference to said unprovements, 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, 2000, as shown on Exhibit , "A" which is attached hereto and made a part hereof, are true and correct. SECTION 3. There shall be, and are hereby, levied and assessed agamst the parcels of property described in Exhibit "A" which is attached hereto and made a part hereof, and agamst the real and true owners thereof (whether such owners be correctly named herein or not), the sums of money itemized in Exhibit "A" in the column titled "Annual Assessments" opposite the description of the respective parcels of property and the several amounts assessed agamst the same, 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 lus pro rata share of the total assessment agamst 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 agamst the said parcels of property, and owners thereof, and interest thereon at the rate of ten percent (10%) per annum, 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 agamst 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 and claim agamst the property on which such assessments are levied, and shall be a first and paramount hen thereon, superior to all other hens and clauns, 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 hens hereby assessed against the respective parcels of property and the owners thereof. The sums so assessed agamst 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, 2001, and shall become delinquent if not paid by February 1, 2001 The enure amount assessed against each parcel of property shall bear interest, from and after February 1, 2001 at the rate often percent (10%) per annum 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 unprovements 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 m the respective amounts herein stated, the Crty 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 discrunmation. The principal amount of each of the several assessments levied by the Crty 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 Crty Council as a credit against the respective assessments. SECTION 9. Full power to make and levy reassessments and to correct rmstakes, errors, invalidates or irregularities in the assessments is, in accordance with the law in force in this Crty, vested in the City SECTION 10. All assessments levied are a personal habilrty 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, rt 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 4 SECTION 12. The assessments levied are made and levied under and by vu•tue 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 ordmance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opuuon or Iudgment shall in no way impair the remaining portions, sections, or parts of sections of this ordmance, which said remaining provisions shall be and remain in full force and effect. SECTION 14. That this ordinance shall be cumulative of Ordinance No 13948 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in du•ect conflict v~nth such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 15. This ordmance 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: Assi ant Ci Attorney Date• ~o//~/y 0 ADOPTED ~~ "/ 7'"d D EFFECTIVE /O"~7-DD 5 City o~'Fort Worth, Texas M,,Ayor and L'ouncil CammunicAtion DATE REFERENCE NUMBER LOG NAME PAGE 10/17/00 BH-195 13BH-PID1 1 of 2 SUBJECT ADOPTION OF APPROPRIATION ORDINANCE AND BENEFIT HEARING FOR FORT WORTH PUBL{C IMPROVEMENT DISTRICT NO 1 AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2000-2001 RECOMMENDATION It is recommended that the City Council take the following actions regarding the Fort Worth Public Improvement District No 1 (PID No 1) 1 Hold a benefit hearing concerning the proposed property assessments for FY2000-2001 on October 17, 2000, 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 $665,000 in the Special Assessment District Fund from available funds DISCUSSION On September 26, 2000 (M&C G-13019), the City Council directed that certain improvements and/or services shall be provided in PID No 1 during Fiscal Year 2000-2001 It also adopted the proposed assessment roll and provided notice of this benefit hearing The improvements to be provided and the costs thereof are as follows TOTAL COST TO BE ASSESSED Maintenance and Landscaping Program $ 574,898 $376,546 Promotions Program $ 72,950 $ 47,781 Marketing Program $ 68,392 $ 44,795 Security Program $ 67,500 $ 44,211 Transportation and Parking Program $ 23,165 $ 15,173 City Administration Fee $ 5,000 $ 5,000 Management Program $ 203,395 131 494 TOTAL $1,015,300 $665,000 The $350,300 difference between total costs and assessments includes $244,800 in direct payments from the City, which was appropriated from the General Fund by City Council action on September 26, 20.00 (M&C G-130919), $78,000 in revenues from district activities and $27,500 from other miscellaneous revenue sources, including the use of district reserve funds, if necessary City o~rFort Worth, Texas M'Ayar and Council CammunicAtian DATE 10/17/00 REFERENCE NUMBER BH-195 LOG NAME 13BH-PID1 PAGE 2 of 2 SUBJECT ADOPTION OF APPROPRIATION ORDINANCE AND BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 1 AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2000-2001 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 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 appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Special Assessment District Fund CBj _ t Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GS87 488342 002100000000 $665,000.00 Charles Boswell 8511 GS87 539120 002100000000 $665,000.00 ~~~~~GV~~ Originating Department Head: ~'°~~~~ ~t~~lV~i~ e i t i is Jim Keyes 8517 (from) ~® ~ Q C ~ 17 Additional Information Contact: ,,, Judy Walton 8334 Olt "~rretazv Qt tha t,'z,v nS ~nst ~.`aarth, T~sxr, a ArinotPrl Ord,nanc~ -I`!a. /~/37.~ ~1do~tol~ rJrd-l~al;~~ t~tj„, 1` ~~7~