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HomeMy WebLinkAboutOrdinance 11246i ORDINANCE N0. ~~ AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT N0. 3 DURING FISCAL YEAR 1992-1993; 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 PRO- VIDING 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. 3 during the 1992-1993 fiscal year; and WHEREAS, the District consists of the area primarily along Lancaster and Vickery between Henderson and I-35 as more particu- larly described in a boundary description and map on file in the office of the City Secretary; and WHEREAS, the improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on January 12, 1993, and is on file in the office of the City Secretary; and WHEREAS, the source of revenues, the improvements to be provided and the costs thereof are as follows: Revenues FY 1992-1993 FWID#3 Assessments FY 92/93 $ 79,020 FY 1990/91 & FY 1991/92 Delinquent Assessment Collections $ 25,591 TOTAL $104,611 OF~iC1AL R~CORa G~TY SEG~~TARY ~'. WDRTN, TIC, Improvements/ Services to be Provided City Administrative Fee $ 5,000 Planning Program $ 39,061 Marketing Program $ 5,000 Management Program $ 12,000 SUBTOTAL $ 61,061 Reimbursements to .SENCA for original Establishment of District. As approved on November 11, 1990, by M&C G-8796 and Resolution No. 1666 $ 43,550 TOTAL $104,611 WHEREAS, the improvements shall be provided by SENCA Real Estate Development Company under a contract with the City of Fort Worth; and WHEREAS, all of the cost of the improvements shall be assessed against property located in the District and the owners of the property; and WHEREAS, the assessments shall be based on the value of each parcel on January 1, 1992, as determined by the City Council, using a formula outlined in the petition which established the District, including the value of structures or other improvements, with the assessment on each parcel to be determined by applying a rate of 43 cents for 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 01=fIC1Al RECORD -2- CITY SECRETARY FT. WORTH, TfX, 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 26th day of January, 1993, at 10:00 a.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 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 any and all 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 assess- ments herein levied should be made and levied against the respec- tive 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 -3- 0 C Ai. A~OR'D cis ~ECR~tA~~ ~T. WDR~~, t~. 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 specifically 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 charge made against the same by this ordi- nance, 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 values of the respective parcels of property on January 1, 1992, as shown in Exhibit "A", which is attached hereto and made a part hereof, are true and correct. III. There shall be, and is 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 ($.43 applied to District Proposal)", 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. -4- ''~ OFF1CIAl RECORD ~~ CITY SECRfi'~RY ft. WORTH, TES. 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 of the total assessment against such property in propor- tion as its, his or her respective interest bears to the 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 enforce- able 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 ordi- nance may be filed with the County Clerk of Tarrant County, Texas, and, when so filed, shall constitute complete and adequate legal OFEiCtAI RECORD -5- CITY SECR~T~RY FT. WURTN, ~'EX. 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 February 28, 1993, and shall become delinquent if not paid by March 1, 1993. The entire amount assessed against each parcel of property shall bear interest from and after March 1, 1993, 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 assess- ments 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 6 _ o~ctAt a~ca~o c~TY s~c~~T~~~ ~T. WO~TI~, TEX. 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 an 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. IX. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities i.n the assess- ments 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 incor- rectly named. XT. 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 ,_,_„_,,,r, 0~'EdC~At RECORD ~ -. CiEY SEC~Rf TA~tY ~r. wo~~o, rE~. 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). 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 n 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. PASSED AND APPROVER this 25th day of January, 1993. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : !, Z ~ 1 `~ 3 ADOPTED : ~~, ~ .__. T EFFECTIVE:~~2~~~~ -$- Of~1Cll~ RECORD CITY S~CR~'~RY ~', WORTH, T~J(b City of Fort Worth, Texas Mayor and Council Communication .,,., ~ ,.~...,."..... ,..,,~,,.~..G-10021 ".........~ - ---- 01/26/93 13FWID 1 of 2 SUBJECT BENEFIT HEARING AND ADOPTION OF ORDINANCE LEVYING ASSESSMENTS - IMPROVEMENTS AND/OR SERVICES IN FORT WORTH IMPROVEMENT_ DISTRICT N0. 3 RECOMMENDATION: It is recommended that the City Council take the following actions concerning Public Improvement District No. 3: 1. Nold a public hearing regarding the proposed property assessments for Fiscal Year 1992-93, and 2. Close the public 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 $104,611.00 in the Special Assessments Fund to provide .FY 92/93 funding for PID #3. DISCUSSION: On January 12, 1993, the City Council held a public hearing and adopted M&C G-10000 which directed that certain improvements and/or services (the "improvements") shall be provided in Fort Worth Improvement District No. 3 duri-ng the 1992-93 fiscal year. Improvements/Services: The general nature of the improvements and services to be provided by the District are: 1. A Planning Program 2. A Plan Coordination Program 3. A Marketing Program 4. A Management Program Budget Source of Funds 1992-93 FWID #3 Assessments $79,020 00 90/91 and 91/92 Assess. Collections $25,591 00 TOTAL $104,611.00 Use of Funds. City Administrative Fee $5,000 00 OfF'ICIAE RECORD Planning $39,061.00 Marketing ,° $5,000.00 Ct~Y SECRf~'~,R~ Management $12, 000.00 . ~R~~, ~~. SUBTOTAL 61 061 00 i~~ Printed on recycled naner City of Fort Worth, Texas Mayor and Council Communication DATE 01/26/93 REFERENCE NUMBER G-1 002 1 EOG NAME 13FWID PA E 2 of 2 SUBJECT BENEFIT HEARING AND ADOPTION OF ORDINANCE LEVYING ASSESSMENTS - IMPROVEMENTS AND/OR SERVICES IN FORT WORTH IMPROVEMENT DISTRICT N0. 3 Reimbursement to SENCA/Fort Worth For valid expenses in Organizing PID #3 $43,550 00 TOTAL $IU~6tT:DII The improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on January 12, 1993, (M&C 10000) and is on file in the office of the City Secretary. FY 92-93 Assessments: Ail of the cost of improvements shall be assessed against private property located in the district and the owners of that property. The City Manager has filed with the City Secretary a proposed assessment roll and an estimate of the assessments against each parcel. Considering the benefits to be received from the proposed improvements, it is the opinion of staff that each parcel of property will be enhanced in value by an amount equal to ar more than the proposed assessment Notice of the public hearing was given in accordance with State law. Following the hearing, the assessments shown on the proposed assessment roll, if approved and accepted by the City Council, will be levied against those properties and the owners thereof. Such assessments shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof and shall be payable on or before February 28, 1993. Accounts will become delinquent if not paid by March 1, 1993. The entire amount assessed against a parcel of property shall bear interest from and after the first day of March 1993, at the rate of 10 percent per annum until paid. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that upon adoption of the attached appropriations ordinance, funds will be available for the FY 1992-93 PID #3 in the current operating budget of the Special Assessments Fund. LW : j Submitte for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by (to APPRaVED le Cha B ll 851 r s oswe ~~~ Originating Department Head GlT 1 ~~~.11~ Na - n di~arlce c~npted Os 6 1993 from ,~pN ~ Charles Boswell 851 4 GS87 488342 00230009300 104,611 0 ~di3~t£?~ ~i't~i?t8C1CL' ~!~?, For Additional Information 4 GS87 539120 00230009300 $104,611 0 ' ~ ~~`'°®~ Contact Cityr $~rgi~ry of tt~e og Fort v~loTt-~,'texa~ Cit Nat 0' Day 666 y ~r