Loading...
HomeMy WebLinkAboutOrdinance 13618!~ ~M1 ~'~ ~ _~i { ~ ~V ORDINANCE NO_ ~ ~~ AN ORDINANCE CLOSING THE HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC I-MPROVEMENT DISTRICT NO. 6 DURING FISCAL YEAR 1998-1999; SETTING CHARGES AND LIENS AGAINST PROPERTY IN TIE 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 andlor services (the "Improvements") shall be provided m the Fort Worth Pubhc Improvement District No 6 during Fiscal Year 1998-1999; and WHEREAS, the District consists of an area bounded by State Highway 377 on the east, Western Center Boulevard on the south, Teal Drive, Basswood Boulevard, Silver Sage Drive, Prewett Road and North Beach Street on the west, and the North Tarrant Parkway on the north, and WHEREAS, the improvements to be provided are as follows. 1 landscaping, construction and maintenance including irrigation of plantings and fencing in the district, 2 supplemental security services, 3 district management for the administration and operation of the district; and WHEREAS, the cost of such improvements ;s as follows Revenues From Total Assessments Cost of FY 1998-1999 Improvements (1) Maintenance and landscaping (2} Security Patrols (3) City Administrative fee (4} Operating Expenses (5) Replacement Reserves (6} Contingency (7) Homeowners Assn. & Community Events Total $436,083 $495,253 74,1 O S 84,160 10,000 10,000 33,548 38,100 3,385 5,200 3,824 4,343 22,541 25,600 $583,486 $662,656 WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on September 29, 1998, and is on file in the office of the Crty Secretary; and WHEREAS, the improvements shall be provided by Principal Management Group (PMG) under a contract with the City of Fort Worth, and WHEREAS, $583,486 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 a direct payment from the City of Fort Worth for park maintenance, and WHEREAS, the assessments shall be based on the value of each parcel on January 1, 1998, as determined by the City Council, includnng the value of the structures on other improvements, with the assessment on each parcel to be determined by applying the following rates per each $100 of property value Type of PropertX Rate Residential $0.21 (capped at $0 21) Commercial $0 042 (20% of residential rate) Multi-family $0 105 (50% of residential rate) Nonprofit $0 021 (10% of residential rate) All other property $0 021 (10% of residential rate) 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 set for a hearing, and the proper notice of the time, place and purpose of said hearing was given and said hearing was held at the time and place fixed therefor, to-wrt; on the 20t1i day of October; 1.998; at 10 00 a.m. in the Council Chamber nn the Crty Hall nn the Crty of Fort Worth, Texas, and at such hearing various protests and ob~ectnons were made; and all desiring. to be heard were given a full and fair opportunity to be heard, and the City Council, having fully consndered all proper matters, ns of the opinion that the sand hearing. should be closed- and assessments should be made and leveed as herein ordered. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. Sand hearing be, and the same ns hereby, closed and the sand protest and objections, and any and all other protests and ob,ectnons, 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 in 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 improvements m the District for which such assessments are levied and establish substantial justice and equality and umformrty between all parties concerned, considering the benefits received and burdens imposed. The Crty Council further finds that in each case the property assessed is specially benefited m 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 m force m this Crty, and the proceedings of the Crty 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 m the attached Exhibit "A" and against the real and true owners thereof (whether such owners be correctly named herein or not), the sums of money ;temized in Exhibit "A" in 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 to its, his or her respective mterest to the total ownership such property, and its, his 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-alien upon the respective par-eels 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 owner-s be correctly named herein 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 hen 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 liens hereby assessed agamst 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 in the payment of any assessments, collection thereof shall be enforced by suit m any court of competent jurisdiction, and said City shall exercise all of its lawful powers to aid m 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 cast allowed and permitted by the law in force inthe 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, it shall not be required to issue credits, and will not do so, if same would result m any inequity andlor 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, in accordance with the law m force m this City, vested m 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 may be incorrectly named. r U SECTION 11 In any suit upon any assessment or reassessment, it shall be sufficient to allege the substance of the provision recited m- this ordinance and that such recitals are m 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 Texas Local Government Code (the Public Improvements District Assessment Act) SECTION 1-3. 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 lunsdiction, such decision, opinion or judgment shall m no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining pr-ovi-sions shall be and r-emam in full force and effect. SECTION 14 That this ordinance shall be cumulative of Ordinance No 13199 and Ordinance No 13201 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, 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 it is so ordained. APPROVED AS TO FORM AND LEGALITY l~!~:~e' Assistant City Attorney Date `~ " ~~ ` ~8 ADOPTED /D -~d-~l$ EFFECTIVE / y - 02 y -~~ City of Fort Worth, Texas u ar And ~aunc~l IC.~mmun~cAt;an ~~ y DATE REFERENCE NUMBER LOG NAME PAGE 10/20/98 BH-191 13PID6C 1 of 2 SUBJECT .BENEFIT HEARING AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 1998-99 FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 6 AND ADOPTION OF RELATED APPROPRIATION ORDINANCE RECOMMENDATION It is recommended that the City Council Hold a benefit hearing concerning the proposed property assessments for FY 1998-99 for Fort Worth Public Improvement District No 6 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 $583,486 in the Special Assessment District Fund from available funds. DISCUSSION On September 29, 1998, the City Council adopted M&C G-12341, which directed that certain improvements and/or services ("improvements") shall be provided in Fort Worth Public Improvement District No 6 during the 1998-99 fisca{ 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 $495,253 $436,083 Security Patrols 84,160 74,105 City Administration Fee 10,000 10,000 Operating Expenses 38,100 33,548 Replacement Reserves 5,200 3,385 Contingency 4,343 3,824 Homeowners Assn & Community Events 25.600 22.541 TOTAL $662,656 $583,486 The $79,170 difference between total costs and assessments reflects a direct reimbursement from the City of Fort Worth for park maintenance to the City's standard level All costs of improvements sha{I 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 City of Fort North, Texas M'Ayor And Council CommunicAtion DATE REFERENCE NUMBER LOG NAME PAGE 10/20/98 ~H-191 13PID6C 2 of 2 SUBJECT BENEFIT HEARING AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 1998-99 FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 6 AND ADOPTION OF RELATED APPROPRIATION ORDINANCE 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 provision of services in accordance with the PID 6 management contract between the City and Principal Management Group ~SCAL 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 002600099000 $583,486.00 APPROVED Charles Boswell 8511 GS87 539120 002600099000 $583,486.00 CITY COUNCIL Originating Department Head. ~ OCT '" ~ ~$ Jim Keyes 8517 (from) ~ Additional Information Contact: ~ `~`~'~z/ Citg Secretary of tho Git ei Fo t ~Yl t ` ~' Linda Brown 6030 p r or s l, exas P~(~Op~P,[~ ~r!~iRaCiCE f`do,~~) r~>~~~f~a 0t~~~rzancr~ ~;o, ~ ~. ~