HomeMy WebLinkAboutOrdinance 22005-12-2015 ORDINANCE NO. 22005-12-2015
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY OF FORT
WORTH AS "NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 92, CITY OF FORT WORTH, TEXAS"; PROVIDING THE EFFECTIVE
AND EXPIRATION DATES FOR THE ZONE AND A MECHANISM FOR
RENEWAL OF THE ZONE; AND CONTAINING OTHER MATTERS
RELATED TO THE ZONE.
WHEREAS, pursuant to the City Council's adoption on May 19, 2015, by Resolution No. 4455-05-
2015 (M&C G-18479), as it may be amended from time to time, the City of Fort Worth, Texas (the "City") has
elected to be eligible to participate in tax abatement and has established guidelines and criteria governing tax
abatement agreements entered into between the City and various third parties, as authorized by and in
accordance with the Property Redevelopment and Tax Abatement Act, codified in Chapter 312 of the Texas
Tax Code (the "Code"); and
WHEREAS, the City Council desires to promote the development of the area in the City more
specifically described in Exhibit"A" of this Ordinance (the "Zone") through the creation of a reinvestment zone
for purposes of granting residential and commercial-industrial tax abatement, as authorized by and in
accordance with Chapter 312 of the Code; and
WHEREAS, on December 15, 2015, the City Council designated the Highland Hills Area as a
Neighborhood Empowerment Zone by Resolution to promote (1) the creation or rehabilitation of affordable
housing in the zone, or (2) an increase in economic development in the zone, or (3) an increase in the quality of
social services, education or public safety provided to the residents of the zone; and
WHEREAS, the Neighborhood Empowerment Reinvestment Zone No. 92 is located within the
Highland Hills Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Reinvestment Zone No. 92 will promote the creation of
affordable housing in the zone and an increase in economic development in the zone; and
WHEREAS, on December 15, 2015, the City Council held a public hearing regarding the creation of
the Zone which afforded a reasonable opportunity for all interested persons to speak and present evidence for or
against the creation of the Zone ("Public Hearing"), as required by Section 312.201(d) of the Code; and
Ordinance No.22005-12-2015
Page 1 of 5
WHEREAS, notice of the Public Hearing was published in a newspaper of general circulation in the
City on December 7, 2015, which satisfies the requirement of Section 312.201(d)(1) of the Code that
publication of the notice occur not later than the seventh day before the date of the public hearing; and
WHEREAS, in accordance with Sections 312.201(d)(2) and (e), notice of the Public Hearing was
delivered in writing not later than the seventh day before the date of the public hearing to the presiding officer
of the governing body of each taxing unit that includes in its boundaries real property that is to be included in
the proposed Zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
Section 1.
FINDINGS.
That after reviewing all information before it regarding the establishment of the Zone and after
conducting the Public Hearing and affording a reasonable opportunity for all interested persons to speak and
present evidence for or against the creation of the Zone, the City Council hereby makes the following findings
of fact:
1.1. The statements and facts set forth in the recitals of this Ordinance are true and correct. Therefore, the
City has met the notice and procedural requirements established by the Code for creation of a
reinvestment zone under Chapter 312 of the Code; and
1.2. That the boundaries of the reinvestment zone shall be the boundaries as described in Exhibit "A" which
is attached hereto and made a part hereof,
1.3. The Zone meets the criteria for the designation of a reinvestment zone as set forth in V.T.C.A., Tax Code,
Section 312.202, as amended, in that the area is reasonably likely as a result of the designation to
contribute to the retention or expansion of primary employment or to attract major investment in the
zone that would be a benefit to the property and that would contribute to the economic development of
the municipality.
1.4. Future improvements in the Zone will benefit the land included in the Zone as well as the City for a
period in excess of ten (10) years, which is the statutory maximum term of any tax abatement agreement
entered into under the Chapter 312 of the Code.
Ordinance No.22005-12-2015
Page 2 of 5
Section 2.
DESIGNATION OF ZONE.
That the City Council hereby designates the Zone described in the boundary description attached hereto
as Exhibit "A" and made a part of this Ordinance for all purposes as a reinvestment zone for purposes of
granting residential and commercial-industrial tax abatement, as authorized by and in accordance with Chapter
312 of the Code. The Zone shall be known as "Neighborhood Empowerment Reinvestment Zone No. 92, City
of Fort Worth, Texas". The area within the Zone is eligible for residential and commercial-industrial tax
abatement pursuant to Resolution No. 4455-05-2015.
Section 3.
TERM OF ZONE.
That the Zone shall take effect upon the effective date of this Ordinance and expire five (5) years
thereafter. The Zone may be renewed by the City Council for one or more subsequent terms of five (5) years or
less.
Section 4.
SEVERABILITY.
That if any portion, section or part of a section of this Ordinance is subsequently declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, the remaining portions, sections or parts
of sections of this Ordinance shall be and remain in full force and effect and shall not in any way be impaired or
affected by such decision, opinion or judgment.
Section 5.
EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: December 15, 2015
APPROVED AS TO FORM AND LEGALITY:
Y..
Melinda Ramos, Mary J. I ys
Sr. Assistant City Attorney City Secretary
M&C: G-18630
Ordinance No.22005-12-2015
Page 3 of 5
EXHIBIT A
HIGHLAND HILLS NEIGHBORHOOD EMPOWERMENT ZONE
&HIGHLAND HILLS NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No.92
GENERAL DESCRIPTION
An area of land to be known as the "Highland Hills"NEZ, all that certain lots,tracts or parcels of land and
being more particularly described by bounds as follows;
BEGINNING at the intersection of the centerline of Oak Grove Road and the centerline of the Interstate
Highway 20/ Southeast Loop 820 East Bound Service Road;
THENCE easterly with said centerline,to its intersection with the centerline of Campus Drive;
THENCE southwesterly with said centerline, to its intersection with the centerline of the main track of the
Union Pacific Railroad;
THENCE southeasterly with said centerline,to its intersection with the northerly projection of the most east line
of Block 13, Shelby County School Land Survey, Abstract 1375, Tract 13AOIA, according to the plat thereof
recorded at County Clerks Instrument number D 198102510;
THENCE southeasterly with said projection,to and along said east line,to its intersection with the northerly
projection of the most north east line of Block 13, Shelby County School Land Addition, Abstract 1375, Tract
13AO2, according to the plat thereof recorded at County Clerks Instrument number D1981025 10;
THENCE southeasterly with said projection, to and along said east line, to its intersection with the northerly
projection of the most north east line of Block 13, Shelby County School Land Addition, Abstract 1375, Tract
13J, according to the plat thereof recorded at County Clerks Instrument number D206079862;
THENCE southeasterly with said centerline, to and along said east line, and its projection southerly to its
intersection with the centerline of Joel East Road;
THENCE westerly with said centerline, to its intersection with the centerline of Oak Grove Road;
THENCE northerly with said centerline, to its intersection with the centerline of Altamesa Boulevard,
THENCE westerly with said centerline,to its intersection with the southerly projection of the most south west
line of Tract 1, Hudson, James Survey, Abstract 739 according to the plat thereof recorded at County Clerks
Instrument number D201238868;
THENCE northerly with said projection, to and along said west line, to its intersection with the southerly
projection of the most south west line of Tract 3, Garrison, Mitchell Survey Abstract 598, according to the plat
thereof recorded at County Clerks Instrument number D201238868;
THENCE northerly with said projection, to and along said west line,to and along most north west line, to its
intersection with the southerly projection of the most east south line of Tract 1, Oldham, Leigh Survey Abstract
Ordinance No.22005-12-2015
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1198, School Boundary Split, according to the plat thereof recorded at County Clerks Instrument number
D195009946;
THENCE westerly with said projection, to and along said south line, and its projection westerly to its
intersection with the centerline of Interstate Highway 35W/ South Freeway Service Road North Bound;
THENCE northerly with said centerline, to its intersection with the centerline of Interstate Highway 20/
Southeast Loop 820 East Bound Service Road;
THENCE easterly with said centerline, to the PLACE OF BEGINNING, and containing some 1.68 square miles
of land, more or less.
Ordinance No.22005-12-2015
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COUNCIL ACTION: Approved on 1211512015 - Ordinance No. 22005-12-2015 & Resolution
No. 4553-12-2016
DATE: Tuoadoy, December 15, 2015 REFERENCE NO': G-18830
LOG NAME: 17NGNEZH|GHLANDH|LL@
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Designating an Area as the Highland Hills Neighborhood
Empowerment Zone and Adopt Ordinance Establishing the Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 92 (COUNCIL DISTRICT 8)
RECOMMENDATION:
|tia recommended that the City Council:
1. Adopt the attached resolution designating an area as the Highland Hills Neighborhood Empowerment
Zone;
2. Conduct a public hearing regarding the establishment of the Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 82, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code Chapter and
.
3. Adopt the attached ordinance establishing the Fort Worth Neighborhood Empowerment Reinvestment
Zone No. 92, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code' Chapter
312.
DISCUSSION:
The City Council approved the Policy Statement on the Creation of Local Neighborhood Empowerment
Zone's (NEZ) on April 25. 2000 /K8&C G-1 2897) and amended it on December 7, 2010 (K8&C G-17133). in
accordance with Chapter 378Vf the Texas Local Government Code. The City Council also authorized the
City Manager to identify neighborhood areas that may be eligible for NEZ designation and to develop
administrative procedures for the NEZProgram.
The NEZ Administrative Procedures were adopted by the City Council on October 3, 2000 (M&C G-
13030) and amended on May 15. 2007 and December 7, 2010 to initiate improved program
requirements. The procedures included two methods by which aNEZ may badesignated:
1. City Council designation; or
2. /\ neighborhood sponsor application process.
On May 19. 2015. (Resolution No. 4455'05-2015. M&C G-18479) the City Council elected to remain
eligible to participate in tax abatements and has established guidelines and criteria governing Tax
Abatement Agreements entered into by the City and various third parties, as authorized by and in
accordance with Chapter 312of the Texas Tax Code.
l.nguome: 17NS2VBZl{l(}}{LANDBQI.lLS Page l o[3
The proposed Highland Hills NEZ will be created by the City Council upon the adoption of the Resolution
attached to this Mayor and Council Communication. The area within the Highland Hills NEZ is also being
proposed as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 92 (FWNERZ), pursuant to
the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312, so that tax
abatements may be granted within the designated area.
The main boundaries of the proposed Highland Hills NEZ and Reinvestment Zone are:
• Interstate Highway 20/Southeast Loop 820 East Bound Service Road on the north;
• Oak Grove Road, Tract 1, Hudson James Survey and Interstate Highway 35W South Freeway
Service Road North Bound on the west;
• Joel East Road and Altamesa Boulevard on the south; and
• Campus Drive and the Union Pacific Railroad on the east.
The proposed Highland Hills NEZ and Reinvestment Zone have a population of 2,366 persons, is 1.68
square miles in size and meets the following designation requirements under the City's NEZ policy:
• Promotes the creation of quality affordable housing in the zone;
• Will bring about economic development in the zone;
• The proposed NEZ area is 93 percent Community Development Block Grant (CDBG) eligible;
• Is considered distressed based on census data on population, socio-demographics and
other factors; and
• Meets criteria for Reinvestment Zone designation in that the area is reasonably likely as a
result of the designation to contribute to the retention or expansion of primary employment
or to attract major investment in the zone that would be a benefit to the property and that would
contribute to the economic development of the City.
The public hearing notice was published in the Fort Worth Star-Telegram on November 6, 2015.
The proposed Highland Hills NEZ and FWNERZ No. 92 are located in COUNCIL DISTRICT 8.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that approval of the above recommendations will
have no material effect on the Fiscal Year 2016 budget. While no current year impact is anticipated from
this action, upon approval, reduced revenues will be included in the long-term forecast associated with
years 2017-2021 to capture the anticipated impact of tax abatements resulting from the designation of the
Highland Hills Neighborhood Empowerment Zone.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # -14m—oun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
Logname: 17NS NEZHIGHLANDHILLS Page 2 of 3
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Allison Gray (8187)
Additional Information Contact: Sarah Odle (7316)
Logname: 17NS NEZHIGHLANDHILLS Page 3 of 3