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HomeMy WebLinkAboutOrdinance 11403ORDINANCE NO. ~ a'. °~ AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 4 DURING FISCAL YEAR 1993-94; 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; 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 Improve- ment District No. 4 during Fiscal Year 1993-94; and WHEREAS, the District consists of an area of approximately 678 acres of land lying north of Western Center Blvd., east of North Beach St. and west of State Highway 377, such area being more particularly shown on a map which is on 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. Supplemental security patrol services; 3. District management for the administration and operation of the District; and WHEREAS, the cost of such improvements is as follows: TOTAL TO BE COST ASSESSED (a) City administration fee $ 10,000 $ -0- (bj Maintenance and landscaping 69,000 15,000 (c) Security patrols 10,000 -0- (d) Replacement reserve 1,000 -0- (e) Operating expenses 4,000 -0- (f) Contingency 1,000 -0- TOTAL $95,000 $15,000 WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on September 7, 1993, 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, $15,000 of the cost of the improvements shall be assessed against property located in the District and the owners of the 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 subsidy provided by the Hillwood Property Company; and WHEREAS., the assessments shall be based on the value of each parcel on January 1, 1993, 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 21 cents to each $100 of property value; 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 the 21st day of September, 1993, at 10:00 a.m. in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at -2- such hearing various protests and objections were made, and all desiring to be heard were given 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 protests 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 property assessed is specially benefitted in enhanced value to the -3- 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 the 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 theretofore had with reference to said improvements, and is in all respects valid and regular. The City Council, from the evidence, further finds that the valves of the respective parcels of property on January 1, 1993, 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 proportion as its, his or her respective interest bears to the -4- total ownership of 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 costs 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, 1994, and shall become delinquent if not paid by February 1, 1994. The entire amount assessed against each parcel -5- of property shall bear interest from and after February 1, 1994 at the rate of ten percent (10~) per annum until paid. VI. If default shall be made in the payment of any assessment, 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 issue 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 fixed and determined by deducting from the amount of any assessment -6- 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 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 or 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 Improvement District Assessment Act). -7- XIII. The City Secretary is hereby directed to engross and enroll. this ordinance by copying the caption of same in the Minute Book of the City Council of Fort Worth, Texas, and by filing the complete ordinance in the ordinance records of said City. XIV. 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: City Aot~torney Date: k ~`~ r 1 3 ADOPTED : g ' ~ ~ ` ~~ EFFECTIVE: ~ -8- City of Fort Worth, Texas ~~ S~ ~ ~ Mayor and Council ~'ommunication DATE REFERENCE NUMBER LOG NAME PAGE 09/21 /93 BH-0118 13DIST4 1 of 2 SUBJECT BENEFIT HEARING FOR FORT WORTH IMPROVEMENT DISTRICT NO 4 AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 1993-94 RECOMMENDATION It is recommended that the City Council take the following action regarding Fort Worth Improvement District No 4 1 Hold a benefit hearing regarding the proposed property assessments for fiscal year 1993- 94 on September 21, 1993, 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 515,000 in the special assessments fund DISCUSSION On September 7, 1993 the Council adopted M&C G-10321 which directed that certain improvements and or services (the "improvements")shall be provided in Fort Worth Improvement District No 4 during the 1993-94 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 T'o Be Assessed Maintenance and Landscaping 569,000 515,000 City Administrative Fee 10,000 0 Security Patrols 10,000 0 Replacement Reserve 1,000 0 Operating Expenses 4,000 0 Contingency 1,000 0 Total 595,000 515,000 The 580,000 difference between total costs and assessments will be subsidized by the contractor, Hillwood Property Company 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 a ~~` 1L ~ ~! 1 •=s Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE 09/21 /93 REFERENCE NUMBER BH-0118 LOG NAME 13DIST4 PAGE 2 of 2 SUBJECT BENEFIT HEARING FOR FORT WORTH IMPROVEMENT DISTRICT NO 4 AND LEVYING OF ASSESSMENTS FOR FISCAL YEAR 1993-94 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 supplemental appropriations ordinance, funds required for this action will be available in the current operating budget of the Special Assessments Fund ,C B k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GS87 539130 002400094000 S(5,000.00 APPROVED Charles Boswell 8500 GS87 488342 003400094000 S15 000 00 " 0 1 Originating Department Head: ~~~ ~0 ~~I~ }( U Q A Charles Boswell 8500 (from) 1Q ~ SEP ~ ~ For Additional Information ~G~~a-eJ ~'~'~ Cite Seorstary of the Contact: City of Fart Worth, Yezas Nat O'Day 6669 Ado ted Ordnance No,/~3 f Adop~er~ C~dinance Noo ~~v ~ ~~ Printed on recycled paper