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HomeMy WebLinkAboutOrdinance 14377ORDINANCE NO. ~ y3 ~~ -~ 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 2000-2001; 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 -T0 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 8 during Fiscal Year 2000-2001, and WHEREAS, the District consists of all commercial properties West 7th Street from Umvers~ty Drive to Montgomery Street, and all commercial properties along Camp Boulevard from West 7th Street, along Highway 80 West, to Loop 820 South, and WHEREAS, the unprovements/services to be provided are as follows: 1 A marketing/promotion and special event program; 2 A communication and information program, 3 Planned capital improvements, clean up and beautification program, and 4 General office and administrative program. WHEREAS, the cost of such unprovements is as follows. Revenues From Assessments FY 2000-2001 (1) MarketinglPromohon Program $60,000 (2) Communication/InformationPrograin 33,000 (3} Capital Improvement/Clean Up/Beautification 110,000 (4} General Office Administration 36,000 (5) City Administrative Fee 5,000 Total $244,000 WHEREAS, the nnprovements 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 City Secretary; and WHEREAS, the unprovements shall be provided by Historic Camp Bowie, Inc. under a contract with the City of Fort Worth, and WHEREAS, $244,000 of the cost of the unprovements 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, 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 $0 10 per each $100 of property value WHEREAS, such proposed assessment roll was approved and adopted by the Crty Council of the City of Fort Worth, and a tune and place was set for a hearing, and the proper notice of the tune, place and purpose of said hearing was given and said hearing was held at the time and place fixed therefor, to-wit, on the 17th day of October, 2000, at 10.00 a.m. m the Council Chamber in the City Hall in the Crty 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 fau• opportunity to be heard, and the City Council, 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 against the respective parcels of property m 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 unprovements m 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 unposed. The Crty Council further finds that ul each case the property assessed is specially benefited m enhanced value to the said property by means of the said unprovements m the District and for which assessment is levied and charge made, in a sum m excess of said assessment and charge made against the same by this orduiance, and further finds that the apportionment of the cost of the improvements is in accordance with the law m force in this City, and the proceedings of the City heretofore had with reference to said unprovements, and is uz all respects valid and regular The Crty Council, from the evidence, 2 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 against the parcels of property described in the attached Exhibit "A" and against the real and true owners thereof (whether such owners be correctly named herem 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 herem, each said person, firm or corporation shall be personally liable only for its, her or his pro rata share of the total assessment agamst such property m proportion to its, his or her respective mterest to the total ownership such property, and its, lus or her respective mterest m such property may be released from the assessment lien upon payment of a proportionate sum. SECTION 5. The several sums above mentioned and assessed agamst the said parcels of property, and owners thereof, and mterest 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 agamst which the same are assessed, and a personal habilrty and charge against the real and true owners of such property, whether such owners be correctly named herem or not, and the said hens shall be and constitute the first enforceable hen and claim agamst the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other hens 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 hens hereby assessed agamst 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 entire amount assessed agamst 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 ~urisd~ction, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. 3 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 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 Crty 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 discrunination. 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 rrustakes, errors, invalidates or irregularities in the assessments is, in accordance with the law in force in this City, vested in the City SECTION 10. Ail 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, 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 SECTION 12. The assessments levied are made and levied under and by vu~tue of the terms, powers and 4 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 ordmance shall be cumulative from this day forward and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordmance are in direct conflict with such other ordmances and appropriations, inwhich 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 rt is so ordained. APPROVED AS TO FORM AND LEGALITY: Assistant rty Attorney Adopted Date: ~ l ~ Effective is ~ ~-oo /0 /7- 00 5 ~ ~'Y City of Fort Worth, Texas n-~A~ar And Caunc~l C,a~nn~un~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 10/17/00 BH-197 13BH-PID8 1 of 2 SUBJECT ADOPTION OF APPROPRIATION ORDINANCE AND BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 8 (CAMP BOWIE) 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 8 (PID No 8) 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 $244,000 in the Special Assessment District Fund from available funds DISCUSSION On September 26, 2000 (M&C G-13022), the City Council directed that certain improvements and/or services shall be provided in PID No 8 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 Marketing/Promotion and Special Event Program $ 60,000 Communication and Information Program $ 33,000 Planned Capital Improvement, Clean Up and Beautification Program $110,000 General Office Administration $ 36,000 City Administrative Fee 5 000 TOTAL $244,000 Total costs for improvements and service in the district are to be paid wholly from assessments with no reimbursement from the City of Fort Worth ~? ,.~ F -,. 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 ~~t;? ; 7 t" ~~ .. ,, ,~ E9 City of Fort Worth, Texas A ar And aunc~l C,a~»n~tun~cAt~an ~~ ~1 C DATE 10/17/00 REFERENCE NUMBER BH-197 LOG NAME 136H-PID8 PAGE 2 of 2 suB~ECT ADOPTION OF APPROPRIATION ORDINANCE AND BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 8 (CAMP BOWIE) AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2000-2001 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 PID No 8 management contract between the City and Historic Camp Bowie, Inc. 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 Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GS87 488342 002800000000 $244,000.00 A ~p ~ Charles Boswell 851 I GS87 539120 002800000000 $244,000 00 ~ ~R~v Originating Department Head: CITY COUNCIL Jim Keyes 8517 (from) ~CT 17 2~~~ Additional Information Contact: y~~;~ ~~roy~a/ '~;ttq B~R:xOlary ~ tha Judy Walton 8334 fiitT of Fort 11Vorth. Tasr.~ Adopted Qrd:nance No. ~y37~ Adopted OrdilZance No. ~ y_37~