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HomeMy WebLinkAboutOrdinance 12189ORDINANCE NO . /~ 1 ~' 9 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS ANDjOR SERVICES PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 2 DURING FISCAL YEAR 1995-96; FIXING CHARGES AND LIEN5 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; DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE; 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 Improvement District No. 2 during Fiscal Year 1995-1996; and WHEREAS, the District consists of an area within the boundaries of SH 377, Western Center Boulevard, Teal Drive and Summerfields Boulevard and is more particularly described in a boundary description and map on the file in the office of the City Secretary; 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. Supplementary security services; 3. District management for the administration and operation of the District; and WHEREAS, the cost of such improvements is as follows: Maintenance and Landscaping Security Patrols City Administrative Fee Replacement Reserve Operating Expenses TOTAL COST TO BE ASSESSED $189,000 $182,472 55,000 55,000 10,000 10,000 11,000 11,000 21,500 21,500 Contingency 1,500 1,500 Home Owners Association 31500 3,500 Total $291,500 $284,972 WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on September 19, 1995, and is on file in the office of the City Secretary; and WHEREAS, the improvements shall be provided by the Hillwood Property Company under a contract with the City of Fort Worth; and WHEREAS, $284,972 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 is a direct payment from the City of Fort Worth for park maintenance; and WHEREAS, the assessments shall be based on the square footage of each parcel and the benefits conferred on each parcel as determined by the City Council, using a formula outlined in the approved budget and petition which established the district; and WHEREAS, the City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel; and 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 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-wit, on -2- the 3rd day of October, 1995, 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, THAT: I. 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. II. 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 improvements in the District for which such assessments are levied and establish substantial justice and equality and uniformity between the respective owners of the respective properties, and between all parties concerned, considering the benefits received and burdens imposed, and further finds that in each case the -3- property assessed is specially benefitted 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, further finds that the square footages of the respective parcels of property, as shown on Exhibit "A" which is attached hereto and made a part hereof, are true and correct. III. 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 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. IV. 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 in -4- 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. V. The several sums above mentioned and assessed against the said parcels of property, and the 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 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, 1996, and shall become delinquent if not paid by -5- February 1, 1996. The entire amount assessed against each parcel of property shall bear interest from and after February 1, 1996 at the rate of ten percent (10%) per annum until paid. VI. 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. vII. 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. VIII. Although the aforementioned charges have been fixed, 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 credits, it shall not be required to issued credits, and will not do so, if same would result in 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 -6- 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. IX. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities in the assessments is in accordance with the law in force in this City, vested in the City. X. 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. XI. In any suit upon any assessment or reassessment, it shall be sufficient to allege the substance of the provisions 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. XII. 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). -7- XIII. 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 ND LEGALITY: City Attorne Date • I ~ ~ 3 ~ ( ~ ADOPTED : ! ©" ~~ ~~7 EFFECTIVE. -8- City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/03/95 BH-0147 13PID2 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 2 AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 1995-96 RECOMMENDATION It is recommended that the City Council take the following action regarding Fort Worth Improvement District No 2 1 Hold a benefit hearing regarding the proposed property assessments for fiscal year 1995-96 on October 3, 1995, and 2 Close the benefit hearing, and 3 Adopt the attached ordinance which levies the proposed assessments, and 4 Adopt the attached appropriations ordinance increasing estimated receipts and appropriations by $284,972 in the Special Assessment District Fund from increased revenues DISCUSSION On September 19, 1995, the Council adopted M&C G-11230 which directed that certain improvements and/or services (the "improvements") shall be provided in Fort Worth Improvement District No 2 during the 1995-96 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 5189,000 00 5182,472 00 Security Patrols 55,000 00 55;000 00 City Administrative Fee 10,000 00 10,000 00 Replacement Reserve 11,000 00 11,000 00 Operating Expenses 21,500 00 21,500 00 Contingency 1,500 00 1,500 00 Home Owners Association 3,500.00 3,500.00 Total 5291,500 00 5284,972 00 ~ The 56, 28 difference between total cost and assessments reflects a direct reimbursement from the City of~-Fort Worth for park maint enance 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 City of Fort Worth Texas Mayor and Council G'ommunication DATE REFERENCE NUMBER LOG NAME PAGE 10/03/95 B~-0147 13PID2 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND BENEFIT HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO 2 AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 1995-96 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 in accordance with the contract FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that upon adoption of the attached appropriations ordinance, funds required for this action will be available in the current operating budget of the Special Assessment District Fund CB a Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GS87 539120 002200095000 $284,972.00 AppRQVE Charles Boswell 8500 GS87 488342 002200095000 $284,972.00 CI D p ~ TY Originating Department Head: ~®~ ~ t BV ~~ O ' Jim Keyes 8517 (from} Cl ~ ~39~ For Additional Information ' Ci~r~~~-'~ tart' of tits Contact: City of Fort Worth, ~'exas Nat O'Day 6669 Adup~ed ard~na~~ce Nos Adc~p~ed Qr~inance ~~®e --__~~,