HomeMy WebLinkAboutOrdinance 17956-01-2008ORDINANCE NO. 17956-01-2008
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 8, 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, on January 21, 2003, the City Council designated the
Rolling Hills Area as a Neighborhood Empowerment Zone by Resolution
Number 2908 (M&C G-13862), 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, pursuant to the City Council's adoption on May 15, 2007 of
Resolution No. 3487 (M&C G-15726), 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, on January 21, 2003, the City Council designated the
Rolling Hills Area as Neighborhood Empowerment Reinvestment Zone No. 8 by
Ordinance Number 15411 (M&C G-13862); and
ORDINANCE N0,17956-O1-2008
WHEREAS, in accordance with Chapter 312.203 of the Code, the
designation of a reinvestment zone for residential or commercial-industrial tax
abatement expires five years after the date of the designation; and
WHEREAS, Chapter 312.203 of the Code allows for a reinvestment zone
to be renewed for a period not to exceed five years; and
WHEREAS, the Zone shall expire on January 20, 2008 and the City
Council wishes to renew the Zone for a period of five years; and
WHEREAS, notice of the Public Hearing was published in a newspaper
of general circulation in the City on January 14, 2008; and
WHEREAS, 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; and
WHEREAS, on November 27, 2007, the City Council held a public
hearing regarding the renewal of the Zone ("Public Hearing"); and
WHEREAS, the Neighborhood Empowerment Zone No. 8 will promote
the creation of affordable housing in the zone and an increase in economic
development in the Zone; 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;
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ORDINANCE N0.17956-O1-2008
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 renewal 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 Section 312.202 of the Code, 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.
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ORDINANCE N0.17956-O1-2008
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.
SECTION 2.
RENEWAL AND RE-DESIGNATION OF ZONE.
That the City Council hereby renews and re-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 continue to
be known as "Neighborhood Empowerment Reinvestment Zone No. 8, City of
Fort Worth, Texas". The area within the Zone is eligible for residential and
commercial-industrial tax abatement pursuant to Resolution No. 3487 (M&C
G-15726).
SECTION 3.
TERM OF ZONE.
That the Zone shall be renewed upon January 22, 2008, and expire five
(5) years thereafter. The Zone may be renewed by the City Council for one ar
more subsequent terms of five (5) years or less.
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ORDINANCE N0,17956-O1-2008
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.
EFFECTIVE DATE.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: January 22, 2008
APPROVED AS TO FORM AND LEGALITY:
By: -
eann D. Guzm n
Assistant City Attorney
Date: ~
M&C: G-16026
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ORDINANCE N0,17956-O1-2008
EXHIBIT "A"
The area to be designated as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 8 for tax abatement purposes contains 2.15 square
miles of land and is within the area described below:
On the North: Beginning at the intersection of the Missouri & Union Pacific
Railroad tracks and Glen Garden Drive, thence east along Glen Garden Drive
to Old Mansfield Road.
On the East: Beginning at the intersection of Glen Garden Drive and Old
Mansfield Road, thence south along Old Mansfield Road to East Seminary
Drive, thence west along Seminary Drive to Campus Drive, thence south along
Campus Drive to Westbound Southeast Loop 820 which is the same as
Interstate Highway 20 (IH20).
On the South: Beginning at the intersection of Campus Drive and Westbound
Southeast Loop 820 which is the same as Interstate Highway 20 (IH20), thence
west along Westbound Southeast Loop 820 which is the same as Interstate
Highway 20 (IH20) to the Missouri & Pacific Railroad tracks.
On the West: Beginning at the intersection of Westbound Southeast Loop 820
which is the same as Interstate Highway 20 (IH20) and the Missouri & Pacific
Railroad tracks, thence north along the Missouri & Pacific Railroad to the
southwest corner of Lot 49, Block 1, Oakridge Terrace Addition, as recorded in
Volume 388-28, Page 317 of the Tarrant County plat records, thence east along
the southern property line of Lot 49, Block 1, Oakridge Terrace Addition as
recorded in Volume 388-28, page 317, of the Tarrant County plat records
crossing Fair Park Blvd. to the southwest corner of Lot 37, Block 4, Oakridge
Addition as .recorded in Volume 388-24, Page 55 of the Tarrant County plat
records, thence east along the southern property line of Lots 37, 36 and 35
Block 4, Oakridge Terrace Addition as recorded in Volume 388-24, Page 55 of
the Tarrant County plat records to the southeast corner of Lot 34, Block 4,
Oakridge Addition as recorded in Volume 388-24, Page 55 of the Tarrant
County plat records, thence north along the eastern property line of Lots 34
through Lot 1, Block 4, Oakridge Terrace Addition, to the northeast corner of
Lot 1, Block 4 Oakridge Terrace addition as recorded in Volume 388-24, Page
55 of the Tarrant County plat records, thence east across Broadus Street to the
southeast corner of Lot 25, Block 3, Oakridge Terrace Addition as recorded in
Volume 388-24, Page 55, of the Tarrant County plat records, thence east along
the southern property line of Lots 25 through 19, Block 3, Oakridge Terrace
Addition as recorded in Volume 388-24, Page 55 of the Tarrant County plat
records to the northeast corner of Lot 19, Block 3, thence north along the
eastern property line of Lots 18 through 16, Block 3, Oakridge Terrace Addition
as recorded in Volume 388-24, Page 55 of the Tarrant County plat records to
the northeast corner of Lot 16, Block 3, thence west along the northern property
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ORDINANCE N0.17956-O1-2008
line of Lots 16, 15, 14 and 1, Block 3, Oakridge Terrace Addition as recorded in
Volume 388-24, Page 55 of the Tarrant County plat records to Berke Street,
thence north along Berke Street to East Seminary Drive, thence east along
Seminary Drive to Carter Park Lane, thence north along Carter Park Lane to
Arrowwood Drive. Thence north across Arrowwood Drive to the southeast
corner of Lot 1 Block 7, Carter Park Addition as recorded in Volume 318-13,
Page 45 of the Tarrant County plat records. Thence north along the eastern
property line of Lots 1 and 6C, Block 7, Carter Park Addition as recorded in
Volume 318-13, Page 45 of the Tarrant County plat records to the northeast
corner of Lot 6C, thence west along the northern property line of Lot 6C to the
southeast corner of Lot 5, Block D, Vallejo Park Addition as recorded in Volume
388-R, Page 64 of the Tarrant County Plat records, thence north along the
western property line of Lot 5, Block D, Vallejo Park Addition, thence north
across Blalock Ave. to the southeast corner of Lot 6, Block C, Vallejo Park
Addition, thence north along the eastern property line of Lots 6 and 5, Block C,
Vallejo park Addition, thence north across Blodgett Avenue to the southern
property line of Lot 23, Block 3, Weisenberger Addition #4 as recorded in
Volume 388-C, Page 19 of the Tarrant County Plat records, thence east along
the southern property line of Lot 23 through Lot 15, Block 3, Weisenberger
Addition #4 to the southeast corner of Lot 15 Block 3 Weisenberger Addition,
thence north along the eastern property line of Lots 15 and 14 of Block 3
Weisenberger Addition as recorded in Volume 388-C, Page 19 of the Tarrant
County plat records to the northeast corner of Lot 14 Block 3, Weisenberger
Addition #4, thence north across East Fogg Ave. to the southeast corner of Lot
15, Block 2, Weisenberger Addition #4 as recorded in Volume 388-C Page 19 in
the Tarrant County plat records, thence north along the eastern property line of
Lots 15 and 14 Block 2, Weisenberger Addition #4 to the northeast corner of Lot
14, Block 2 Weisenberger Addition #4, thence north across Meriwether Avenue
to the southeast corner of Lot 12, Block 28, Weisenberger Sunny Hill Garden
Addition as recorded in Volume 7133, Page 332 of the Tarrant County plat
records thence east across Frazier Street to the southwest corner of Lot 1,
Block 29, Weisenberger Sunny Hill Garden Addition as recorder in Volume
7133, Page 332 in the Tarrant County plat records, thence east along the
southern boundary of Lots 1 through 13, Block 29, Weisenberger Sunny Hill
Garden Addition to the southeast corner of Lot 13, Block 29, thence north
along the Missouri & Pacific Railroad tracts to the point of its intersection with
the northbound Missouri & Pacific Railroad tracks, thence north along the
northbound Missouri & Pacific Railroad tracks to Glen Garden Drive, also being
the point of beginning.
"This document was prepared under 22 TAC § 663.21, does not reflect the
results of an on the ground survey, and is not to be used to convey or establish
interests in real property except those rights or interests implied or established
by the creation or reconfiguration of the boundary of the political subdivision for
which it was prepared."
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C®ty of Ford ~t/orth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/22/2008 -Ordinance No. 17956-01-2008
DATE: Tuesday, January 22, 2008
LOG NAME: 05ROLLINGNERZ
SUBJECT:
Adopt Ordinance Concerning Renewal of the Rolling
Reinvestment Zone No. 8
RECOMMENDATION:
It is recommended that the City Council:
REFERENCE NO.: G-16026
Hills Neighborhood Empowerment
1. Hold a public hearing concerning the renewal of the Rolling Hills area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 8; and
2. Adopt the attached ordinance which designates the renewal of Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 8 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312.
DISCUSSION:
On January 21, 2003, (M&C G-13862) the City Council adopted Resolution No. 2908 to designate the
Rolling Hills area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15411 which
designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 8.
According to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312, the
designation of a reinvestment zone for residential or commercial-industrial tax abatement expires five years
after the date of the designation and may be renewed for periods not to exceed five years.
The current ordinance designating FWNERZ No. 8 expires on January 22, 2008, and must be renewed in
order for the City of Fort Worth to be eligible to participate in the NEZ tax abatement authorized by Chapter
312.
According to State Law, in order to adopt the attached ordinance for renewal, five members of the City
Council must vote in favor of adoption.
The FWNERZ No. 8 and the Rolling Hills NEZ are located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: OSROLLINGNERZ Page 1 of 2
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office by: Dale Fisseler (6140)
Originating Department Head: Jerome Walker (7537)
Additional Information Contact: Sarah Odle (7316)
Logname: OSROLLINGNERZ Page 2 of 2