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HomeMy WebLinkAboutOrdinance 11461~ 1• ORDINANCE NO . ~~~ / AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN FORT WORTH IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 1993-1994; FIXING A CHARGE AND LIEN AGAINST TWELVE PARCELS OF 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 ASSESSMENTS TO THE EXTENT OF ANY CREDITS GRANTED; 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 1993-1994 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 WHEREAS, the Improvements to be provided and the costs thereof are as follows: PROPOSED TOTAL TOTAL ASSESSMENTS COST 1993-1994 FY A maintenance and landscaping program $389,405.00 $264,921.00 A promotions program 76,722.00 53,238.41 A marketing program 48,853.00 41,824.00 A security program 12,519.00 10,024.00 A transportation and parking program 1,766.00 1,291.00 City administrative fee -0- 5,000.00 A management program 166,567.00 100,600.00 Total $695,832.00 $476,898.41 ,.. WHEREAS, the Improvements are fully described in a service, improvement and assessment plan which was adopted by the City Council on September 28, 1993, and is on file in the office of the City Secretary; and WHEREAS, the Improvements will be provided by Downtown Fort Worth, Inc., under a contract dated as of October 1, 1993; and WHEREAS, the Improvements shall be financed by assessments against property in the District based on the value of each parcel on January 1, 1993, 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 value; and WHEREAS, a benefit hearing was held on October 12, 1993, after which assessments were levied on various parcels in the District totaling $476,382; and WHEREAS, there are twelve additional parcels of private property in the District which were not assessed on October 12, 1993, because the value of such parcels of property as of January 1, 1993, had not yet been established; and WHEREAS, the values of the said twelve parcels of property as of January 1, 1993, have now been established and the City Manager has filed with the City Secretary a supplemental assessment roll which shows a proposed total assessments of $516.41 against such twelve parcels of property; and -2- WHEREAS, such additional assessment would increase the total of the proposed assessments in the District for the 1993-1994 fiscal year to $4T6,898.41; and WHEREAS, the City Council of the City of Fort Worth fixed a time and place for a public 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 30th day of November, 1993, at 10:00 a.m., in the Council Chamber in City Hall in the City of 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. 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: SECTION I. The supplemental assessment roll and assessment estimates which the City Manager has filed with the City Secretary are hereby approved and adopted by the City Council. SECTION II. 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. 3 SECTION III. The City Council, from the evidence, finds that the assessments herein levied should be made and levied against the twelve aforesaid 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 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 values of each of the twelve 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. -4- SECTION I.V. There shall be, and are hereby, levied and assessed against the parcels of property described in Exhibit "A" 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 "Proposed Assessment" 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 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 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 -5- 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. Such liens are effective from the date of this ordinance until the assessments are paid and may be enforced in the same manner that an ad valorem tax lien against real property may 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 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 of property shall bear interest from and after February 1, 1994 at the rate of ten percent (10$) per annum until paid. SECTION VII. If default shall be made in the payment of any assessment, collection thereof shall be enforced by suit in any court of -6- competent jurisdiction, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. SECTION VIII. 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. SECTION IX. Although the aforementioned charges have been f 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 the 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 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. -7- SECTION X. 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. SECTION XI. 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. SECTION 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 in fact true, and further allegations with reference to the proceedings relating to such assessment or reassessment shall not be necessary. SECTION XIII. 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). -8- SECTION 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 APPROVED this~~~~~ay of ~~~~~~~ , 1993. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED • ~/~~ ®/ ~~ EFFECTIVE• -9- City of Fort Worth, Texas Mayor and Council Communication DATE 11 /30/93 REFERENCE NAME 13SECOND ~ 1 of 2 SUBJECT SECOND BENEFIT HEARING AND LEVYING OF ASSESSMENTS FOR FORT WORTH IMPROVEMENT DISTRICT NO 1 FY 93-94 RECOMMENDATION. It is recommended that the City Council 1 Adopt the attached ordinance closing the benefit hearing and levying the proposed assessments on twelve parcels of land in Fort Worth Improvement District No 1 for FY 93- 94, and 2 Adopt the attached supplemental appropriation ordinance increasing the estimated receipts and appropriations in the Special Assessment District Fund in the amount of 5516 41 for the purpose of providing FY 93-94 funding for Fort Worth Improvement District No 1 DISCUSSION The total amount proposed to be assessed at the November 30, 1993 hearing is 5516 41, which represents assessments on twelve parcels not included in the first benefit hearing held on October 12, 1993 On September 28, 1993 the Council adopted M&C G-10356 which directed that certain improvements and or services (the "improvements") shall be provided in Fort Worth Improvement District No 1 during the 1993-94 fiscal year It also adopted the proposed assessment roll and provided notice of the first benefit hearing The improvements to be provided and the revised costs thereof are Total Cost To Be Assessed A maintenance and landscaping program 5389,405 00 5264,921 00 A promotions program 76,722 00 53,238 41 A marketing program ~ 48,853 00 ~ 41,824 00 A security program 12,519 00 10,024 00 A transportation and parking program 1,766 00 1,291 00 City Administrative fee -0- 5,000 00 A management .program 166,567.00 100,600.00 Total 5695,832 00 5476,898 41 The 5218,933 59 difference between total costs and assessments includes 5133,000 00 from the City, 543,000 00 in revenues from district activities and 542,.933 59 in miscellaneous revenues including reserves On October 12, 1993 (M&C BH-0120), the City Council held a special benefit hearing and adopted Ordinance No 11417 This ordinance levied assessments in the total amount of 5476,382 00 against various parcels of property in the district •-~~ Printed on recycled paper City of Fort i~orth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1 1 /30/93 B$-0122 13SECOND 2 of 2 SUBJECT SECOND BENEFIT HEARING AND LEVYING OF ASSESSMENTS FOR FORT WORTH IMPROVEMENT DISTRICT NO 1 FY 93-94 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 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 Property owners were advised by mail and by publication of a legal notice on November 19, 1993, that a public hearing to consider the proposed assessments will .be held by the City Council on November 30, 1993, at 10 00 a m The purpose of the hearing is to permit all persons owning property in the district to be fully heard concerning the proposed improvements, the costs thereof, the amounts to be assessed, the values of the respective parcels of 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 Following the hearing, the assessments shown on the proposed assessment roll, if approved and accepted by the City Council, will be levied against the properties shown thereon 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 upon receipt of billing Accounts will become delinquent if not received by January 31, 1994 The entire amount assessed against a parcel of property shall bear interest from and after the first day of February 1994 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 required for this expenditure will be available in the current operating budget of the Special Assessment District Fund CBI , Submitted -for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED GS87 539120 002100094000 $516 41 ~,~Y cou~vc~L Charles Boswell 8500 GS87 488342 002100094000 $516.41 Originating Department Head: Nov 30 1993 Charles Boswell 8500 (from) ~, ~ , ~! City SeaatOtQE}' Oi tltr For Additional Information ~ City O~ 1OYt WOxtil,'1!'eT.se Contact: dOpt@d Ordinance ~Q,~ Nat O'Day 6669 ~ o ted Ordina .- ;~ i +:~~ Printed on recycled paper