Loading...
HomeMy WebLinkAboutOrdinance 11239 ORDINANCE NO. ~~~~^ AN ORDINANCE CLOSING HEARING AND LEVYING AN ASSESSMENT FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT N0. 1 DURING FISCAL YEAR 1992-1993; FIXING A CHARGE AND LIEN AGAINST A PARCEL OF PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENT; 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. 1 during the 1992-1993 fiscal year; and WHEREAS, the District consists of the following area: The 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 the east 100 and east 200 blocks of Bluff Street on the north; and f ' WHEREAS, the Improvements to tbe, provided thereof are as follows: TOTAL COST (1) A maintenance and landscaping program $400,281 (2) A promotions program $ 78,140 (3) A marketing program $ 52,808 (4) A security program $ 20,975 (5) A transportation and parking program $ 3,990 (6) City administrative fee $ 5,000 (7) A management program $157,182 and the costs PROPOSED TOTAL ASSESSMENTS 1992-1993 FY $297,428 $ 48,767 $ 49,469 $ 20,741 $ 3,946 0 $142,568 TOTALS $718,376 $562,919 WHEREAS, the Improvements are fully described in a service, improvement and assessment plan which. was adopted by the City Council on October 13, 1.992, and ie on file in the office of the City Secretary; and WHEREAS, the Improvements will. be provided ~?y Downtown Fort Worth, Inc., under a contract dated as of October 1, 1992; and WHEREAS, the Improvements shall be financed by assessments against property in the District based ors the value of each parcel on January 1, 1992, as determined by the City Council, including the value of structures or other improvements, with the assessment on each parcel to be determined by applying a rate of 8.5 cents for each $100 of property vai.ue; and WHEREAS, a benefit hearing was held. on November 5, 1992, after which assessments were levied on 354 parcels totaling $518,376 on private property and $44,54:3 on City property; and WHEREAS, there is one additional parcel of private property in the District which was not assessed because on November 1, 1992, the value of such property as of January 1, 1992, had not yet been established; and WHEREAS, the value of such progeny as of January 1, 1992, has now been established. and the City P4anager has filed with the City Secretary a supplemental assessment roll which shows a proposed assessment of $140.44 against such property; and WHEREAS, such additional assessment would increase the total of the proposed assessments a.n the District for the 1992-1993 fiscal year to $563.Q59; and. -2- WHEREAS, the City Council of the City of` Fort Worth fixed a time and place for a hearing, anal the groper notice of the time, place and purpose of said heazzng was given and ,said hearing was had and held at the time and p~.ace fined therefor, to-wit, on the 19th day of January, 1993, at 10x00 a.rnw, in the Council Chamber in City Hall in the City Qf Fort Worth, Texas, and at such hearing no 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 of Fort Worth, having fully considered all proper matters, is of the opinion that the said hearing should be closed and an assessment should be made and levied as herein ordered. NOW, THEREFORE, BE IT OR.OAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT SECTION I. The supplemental assessment roll and assessment estimate which the City Manager has filed with the City Secacetary is hereby approved and adopted by the City Council. SECTIt~i~ I i . Said hearing be, anal the same is hereby, closed and any and all protests and objections, whether herein enumerated or not, be, and the same are hereby, overruled. sECTxc~N III. The City Council, from the evidence, finds that. the assess- ment herein levied should be made and levied against the aforesaid -3- parcel of property in the District and against the owners of such property and that such assessment and charge is right and proper and is substantially in proportion to the benefits to such respec- tive parcel of property by means of the Improvements in the District for which such assessments are levied, and establishes 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 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 the 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 value of the parcel of property on January 1, 1992, as shown in Exhibit "A" which is attached hereto and made a part hereof is true and correct. SECTION IV. There shall be, and is hereby, levied and assessed against the parcel of property described in Exhibit "A" and the real and true owners thereof (whether such owners be correctly named herein or not) the sum of money itemized in Exhibit "A" opposite the description of the parcel of property and the amount assessed -4- against the same, and the owners thereof, as far as such owners are known. SECTION V. 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, her or his respective interest bears to the total ownership of such property, and its, her or his respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. SECTION VI. The sum above mentioned and assessed against the said parcel 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, is hereby declared to be and is made a lien upon the parcel 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 lien shall be and constitute the first enforceable lien and claim against the property on which such assessment is 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. Such lien is effective from the date of this ordinance until the assessment is paid and may be enforced in the same manner that an ad valorem tax lien against real property may -5- ,.'~° -~. ~'ir be enforced. A copy of this ordinance or an appropriate notice of such liens 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 lien hereby assessed against the parcel of property and the owners thereof. The sum so assessed against the parcel of property and the owners thereof shall be and become due and payable as follows, to- wit: The assessment shall be payable on or before January 31, 1993, and shall become delinquent if not paid by February 1, 1993. The entire amount assessed against each parcel of property shall bear interest from and after February 1, 1993, at the rate of ten percent (10~) per annum until paid. SECTION VII. If default shall be made in the payment of the 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 assessment. SECTION VIII. The total amount assessed against the parcel 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. SECTION IX. Although the aforementioned charge has been fixed, levied and assessed in the amount herein stated, the City Council does hereby -6- --ti'. reserve unto itself the right to reduce the aforementioned assess- ment by allowing credits to the 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 nat do so a.f same would result in any inequity and/or unjust discriminatican. The principal amount o£ the assessment levied by the City of Fort Worth, Texas, as hereinafter provided, shad be fixed and determined by deducting farom the amount of the assessment herein levied such amount or amounts, if any, as may hereafter be allowed by the City Council as a credit against the assessment. S~CTIClN X . Full power to make and levy reassessments and to correct mistakes, errors, inva3.idities or ~.rregularities in the assess- ments is, in accordance with the laws in force in this City, vested in the City. SFCT1i~N XI. The assessment levied is a gersgnal liability and charge against the real and true owners of the property described, notwithstanding such owners may not be named, or may be incor- rectly named. SECTICN XII. 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 i:n fact true, and further allegations with reference to the proceedings relating to such assessment or reassessment s-hall not be necessary. _~.~ L ~~a SECTION XITI. The assessment levied is 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). SECTI©N xlu. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of the same in the Minute Book of the City Council of Fort Wortfi, Texas, and filing the complete ordinance in the Ordinance Records of said City. SECTION XV. The ordinance shall ta}ce effect and. be in full force and effect from and after the date of its passage, anal it is so ordained. PASSED AND APPROVED this ~JL~~~ day of Z/J/'U' , 1993. APPROVED AS TO FORM ANp LEGALITY: ~~ ~,~~, C"i y Attorney "~ ~ Date : / .• l ~ ~ Q 3 ADOPTED: ~ ~ EFFECTIVE : ~~ ~~l~' _g,. ., City of Fort Worth, Texas Mayor aytd Council ~.ommunication uAit K~r~Kr.m~~ numor.R G-10009 "'° '!~'~" 12FWIDPS 1 Of 2 01/19/93 SUBJECT SECOND BENEFIT HEARING AND LEVYING A SUPPLEMENTAL ASSESSMENT ON OMITTED PROPERTY IN FORT WORTH IMPROVEMENT DISTRICT NO. 1 FOR FISCAL YEAR 1992-1993 RECOMMENDATIONS: It is recommended that the City Council take the following actions concerning Fort Worth Improvement District No. 1: 1. hold a public hearing regarding a proposed supplemental assessment against a parcel of property previously omitted from the assessments for fiscal year 1992-1993; and 2. close the public hearing; and ~(3. adopt the attached ordinance which levies the proposed assessment; and 14. adopt the attached appropriations ordinance increasing estimated receipts and appropriations by $140.44 in the Special Assessments Fund. DISCUSSION: The improvements to be provided in Fort Worth Improvement District No. 1 during. the 1992-1993 fiscal year, and the costs thereof, are fully described in a service, improvement and assessment plan which was adopted by the City Council on October 13, 1992, and is on file in the office of the City Secretary. The improvements will be provided by Downtown Fort Worth, Inc., under a contract dated as of October 1, 1992. On November 5, 1992, the City Council held a special benefit hearing and adopted Ordinance No. 11199. This ordinance levied assessments in the amount of $562,919.00 against 354 parcels of private property and all city-owned property within the District. One additional parcel was omitted and was not assessed on November 5, 1992, because the value of the parcel had not yet been established. The value was subsequently established, and the City Manager has filed with the City Secretary a supplemental assessment roll and an estimate of the amount to be assessed against this parcel. January 19, 1993, has been set as the date for a special benefit hearing. It is proposed that a total of $140.44 be assessed against this parcel. The assessment is based on the value of the parcel on January 1, 1992, including the value of structures or other improvements, with an assessment rate of 8.5 cents for each $100 of property value. Based on the appraised value of the property, considering the benefits to be received from the proposed improvements, it is the opinion of the City staff that the parcel of property will be enhanced in value by an amount equal to or more than the proposed assessment upon completion of the improvements in accordance with the contract. ~~~ Printed on recycled paper City of Fort Worth, Texas Mayor and' Council Communication DATE REFERENCE NUMBERG-10009 LOG NAME 12FWIDPS PA E 2 of 2 01/19/93 SUBJECT SECOND BENEFIT HEARING AND LEVYING A SUPPLEMENTAL ASSESSMENT ON OMITTED PROPERTY IN FORT WORTH IMPROVEMENT DISTRICT N0. 1 FOR FISCAL YEAR 1992-1993 The purpose of the hearing is to permit the property owners to be fully heard concerning the proposed improvements, the co st thereof, the amount to be assessed, the value of the property, the benefits to the property because of the improvements, the validity and adequacy of the contract, and any matter to which they are entitled to hearing under law. When collected, it is proposed that the $140.44 in revenue be deposited in a contingency account in the Special Assessment Fund to be applied to the cost of providing the improvements in the District. With the addition of this amount, total assessments in the District for the 1992-19 93 fiscal year will be $563,059.00. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that, upon adoption of the attached supplemental appropriations ordinance, funds will be available in the current operating budget of the Special Assessments Fund for the current fiscal year's expenditures for Improvement District No. 1. WA:b Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to GS87 539120 00210009300 140 4 Charles Boswell 8500 ~~pROVE~ Originating Department Head i ~~ Y ~,~~ N C6t opted OrdinanC,~,~~0, ~,~ " Wade Adkins 7623 from i!,~3 SAN I9 N o. ted Qrdinance For A ditional Information Q,L~t1 ~~ Contact City $ocre~ay of the Wade Adkins 7623 GityofPortWorth,T~xa-s ~~ Printed on recycled paper