HomeMy WebLinkAboutOrdinance 13616ORDINANCE NO.~
AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENT S
FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES
PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT
NO.1 DURING FISCAL YEAR 1998-1999; 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, Texas, has heretofore directed
that certain improvements and/or services (the "Improvements") shall be provided m the Fort
Worth Public Improvement District No 1 during Fiscal Year 1998-1999, 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 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 transportahon/parking program
6 a management program, and
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WHEREAS, the cost of such improvements is as follows.
Revenues
From Revenues Total
Assessments From Cost of
FY 1998-1999 the Improvements
(1) A maintenance and $329,608 $219,673 $548,924
landscaping program
(2) A promotions program 43,804 29,044 72,950
(3) A marketing program 40,530 26,932 67,500
(4) A security program 13,910 9,240 23,165
(5) A transportation & 65,895 43,845 109,740
parking program
(6) City Administrative fee 5,000 -0- 5,000
(7) A management program 122,865 84.878 207,945
Total $621,612 $413,612 $1,035,224
WHEREAS, the improvements are fully described m a service, improvement and
assessment plan which was adopted by the City Council on September 1 S, 1998, and is on file m
the office of the City Secretary; and
WHEREAS, the improvements shall be provided by Downtown Fort Worth, Inc.
("DFWI") under a contract with the City of Fort Worth, and
WHEREAS, $621,612 of the cost of the improvements shall be assessed against
property located in the Distract 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,
1998, 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
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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 hearang, and the proper
notice of the time, place and purpose of said hearing was given and said heanng was had and
held at the time and place fixed therefor, to-wit, on the 20`h day of October, 1998, at 10.00 a.m.
m 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 heanng 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 heanng 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 m the District and against the owners
of such property and that such assessments and charges are right and proper and are substantially
m proportion to the benefits to the respective parcels of property by means of the improvements
m the Distract 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 property assessed is specially benefited in
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enhanced value to the said property by means of the said improvements m the Distract and for
which assessment is levied and charge made, m 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 m accordance with the law m force m this Crty, 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, 1998, 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 Exhibit "A" which is attached hereto and made a part hereof, and against the real
and true owners thereof (whether such owners be correctly named herein or not), the sums of
money itemized m Exhibit "A" m the column titled "Annual Assessments" opposite the
description of the respective parcels of property and the several amounts assessed against 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 his pro rata share of the total assessment against 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 hen upon payment of such
proportionate sum.
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SECTION 5.
The several sums above mentioned and assessed against 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 against the real and true owners of such property, whether such
owners be correctly named herein or not, and the said hens 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 hen thereon, supenor to all other hens and claims, except state, county,
school distnct 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
nonce 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, 1999, and shall become delinquent if not paid by February 1, 1999 The entire
amount assessed against each parcel of property shall bear interest, from and after February 1,
1999 at the rate often percent (10%) per annum until paid.
SECTION 6.
If default shall be made m the payment of any assessments, collection thereof shall be
enforced by suit in any court of competent ~unsdiction, and said City shall exercise all of its
lawful powers to aid m the enforcement and collection of said assessments.
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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
m force m 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 City Council has herein reserved the right to issue
credits, rt shall not be required to issue credits, and will not do so, if same would result m 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 is, m accordance with the law in force in this City, vested in the
City
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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, rt shall be sufficient to allege the
substance of the provision recited m 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 Distract Assessment Act).
SECTION 13.
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 Crty Attorne
Date: ~ ° r~
ADOPTED•
EFFECTIVE.
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City of Fort Worth, Texas
~1-~Ayar And C,aunc~l Cammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
10/20/98 BH-190 13PID1 1 of 2
sue~ECT BENEFIT HEARING AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 1998-99
FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 1 AND ADOPTION OF
RELATED APPROPRIATION ORDINANCE
RECOMMENDATION
It is recommended that the City Council
1 Hold a benefit hearing concerning the proposed property assessments for FY 1998-99 for Fort
Worth Public Improvement District No 1 on October 20, 1998, 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
$621,612 in the Special Assessment District Fund from available funds.
DISCUSSION
On September 15, 1998, the City Counci{ adopted M&C G-12321, which directed that certain
improvements and/or services ("improvements") shalt be provided in Fort Worth Public Improvement
District No 1 during the 1998-99 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
Total Cost To Be Assessed
Maintenance and Landscaping Program $ 548,924 $329,608
Promotions Program 72,950 43,804
Marketing Program 67,500 40,530
Security Program 23,165 13,910
Transportation and Parking Program 109,740 65,895
City Administration Fee 5,000 5,000
Management Program 2 7 4 122
TOTAL $1,035,224 $621,612
The $413,612 difference between total costs and assessments includes $231,512 in direct payments
from the City, $75,100 in revenues from district activities, and $107,000 from other miscellaneous
revenue sources, including the use of district reserve funds, if necessary
City of Fort Worth, Texas
M'Ayar and L'auncil CommunicAtian
DATE REFERENCE NUMBER LOG NAME PAGE
10/20/98 BH-190 13PID1 2 of 2
SUBJECT BENEFIT HEARING AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 1998-99
FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 1 AND ADOPTION OF
RELATED APPROPRIATION ORDINANCE
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 and provisions of services in accordance with the PID1 management 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
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GS87 488342 002100099000 $621,612.00 gppR~V~D
Charles Boswell 8511 GS87 539120 002100099000 $621,612.00 CITY COUNCf L
Originating Department Head:
OCT ~~ 1~
Jim Keyes 8517 (from)
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Additional Information Contact: a~aJ
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City Secxetaxy of the
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t ~iTorth
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Linda Brown 6030 ,
or
City a
Adopted Ordinance No, A; /~.
Adopted Ordinance No,