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HomeMy WebLinkAboutOrdinance 22067-01-2016 ORDINANCE NO. 22067-01-2016 AN ORDINANCE RENEWING AND RE-DESIGNATING A CERTAIN AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE NO. 7R, 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 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 7, 2010, the City Council designated the Hemphill Berry Area as a Neighborhood Empowerment Zone by Resolution Number 3946 (M&C G-17136) 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, on December 7, 2010, the City Council designated the Hemphill Berry Area as Neighborhood Empowerment Reinvestment Zone NO. 7R by Ordinance Number 19462 (M&C G-17136); and 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 Hemphill/Berry NEZ Ordinance No.22067-01-2016 Page 1 of 7 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 expired on December 6, 2015 and the City Council wishes to renew the Zone for a period of five years; and WHEREAS, on January 26, 2016, the City Council held a public hearing regarding the renewal of the Zone ("Public Hearing"); and WHEREAS, notice of the Public Hearing was published in a newspaper of general circulation in the City on January 15, 2016; 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, the Neighborhood Empowerment Zone NO. 7R will promote the creation of affordable housing in the zone and an increase in economic development in the 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 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, Hemphill/Berry NEZ Ordinance No.22067-01-2016 Page 2 of 7 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. 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. 7R, City of Fort Worth, Texas". The area within the Zone is eligible for residential and commercial- industrial tax abatement pursuant to Resolution No. 4455, by M&C G-18479. SECTION 3. TERM OF ZONE. That the Zone shall be renewed upon January 26, 2016, 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. Hemphill/Berry NEZ Ordinance No.22067-01-2016 Page 3 of 7 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 26, 2016 APPROVED AS TO FORM AND LEGALITY: B • Y , Melinda Ramos Mary J* se Sr. Assistant City Attorney City Secretary M&C: G-18648 Hemphill/Berry NEZ Ordinance No.22067-01-2016 Page 4 of 7 EXHIBIT A HEMPHILL BERRY NEIGHBORHOOD EMPOWERMENT ZONE & HEMPHILL BERRY NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE No. 7R GENERAL DESCRIPTION The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 7R for tax abatement purposes contains 1.5 square miles of land and is and is a parcel of land out of the Jeremiah Asbury Survey, Abstract Number 10, the Joshua N. Ellis Survey, Abstract Number 463, the James F. Ellis Survey, Abstract Number 490, the E. P. Parris Survey, Abstract Number 1222, the John Thornhill Survey,Abstract Number 1519, the W. B. Tucker Survey, Abstract Number 1562, the Louis Wetmore Survey, Abstract Number 1649, and the Lydia Jane Warwick Survey, Abstract Number 1663, and being more particularly described by bounds as follows; Beginning at the intersection of the centerline of the Burlington Northern Rail Road, formerly the Gulf Colorado and Santa Fe Rail Road, and the centerline of Paige Street; Thence east along said centerline to its intersection with the west line of Lot 3, Block 3, Hemphill Heights Addition; Thence south to and along said line, and to and along the west line of Lot 14, of said Block, and to and along the centerline of the included alley in Blocks 1 and 2 of Winston Addition, to and along the centerline of the included alley in Blocks 4, 15, 21 and 32 of South Hemphill Heights Addition, to it intersection with the south line of Lot 14 in said Block 32; Thence east with said line, to its intersection with the centerline of Jennings Avenue; Thence south with said centerline to its intersection with the centerline of Berry Street: Thence east with said centerline to its intersection with the centerline of Grove Street; Thence south with said centerline to its intersection with the centerline of the centerline of the Union Pacific Railroad, formerly the Houston and Texas Central Railroad; Thence southeasterly with said centerline to its intersection with the centerline of Interstate Highway 35W; Thence south with said centerline, to its intersection with the centerline of Ripy Street; Thence west with said centerline to its intersection with the centerline of Jones Street; Thence south with said centerline, to its intersection with the centerline of Butler Street; Hemphill/Berry NEZ Ordinance No.22067-01-2016 Page 5 of 7 Thence east with said centerline to its intersection with the centerline of Interstate Highway 35W; Thence south with said centerline, to its intersection with the centerline of Thornhill Drive; Thence west with said centerline, to its intersection with the West line of Block 12, South Wayside Addition; Thence south with said line,to and along the west lines of Blocks 13 and 9 of said Addition, and to and along the west line of that certain tract of land out of said Thornhill Survey, as described by deed recorded in Volume 11094, Page 1765, of the Deed Records of Tarrant County, Texas, to its intersection with the centerline of Felix Street; Thence west with said centerline, to its intersection with the centerline of the railroad spur track serving the Federal Records Center; Thence southwesterly and west with the most north branch of said spur track, to its intersection with the centerline of Hemphill Street; Thence north with said centerline, to its intersection with said centerline of Felix Street; Thence west with said centerline, to its intersection with the west line of Lot 18, Block 32, Marquette Place Addition; Thence north with said line to its intersection with the centerline of the alley between Marquette Place Addition, and South Side Addition; Thence west with said centerline to its intersection with the centerline of the north-south alley in Block 36 of said South Side Addition; Thence north to and along said centerline, and to and along the centerline of the north-south alley in Blocks 33, 28, 25, 20, 17, 12, and 10, of said addition, to its intersection with the centerline of Seminary Drive; Thence west with said centerline to its intersection with the centerline of Henderson Street; Thence north with said centerline,to its intersection with the centerline of Flint Street; Thence east with said centerline to its intersection with the centerline of College Avenue; Thence north with said centerline, to its intersection with the centerline of Flint Street; Thence east with said centerline to its intersection with the centerline of the north-south alley in Block 3 of said South Side Addition; Thence north to and along said centerline, and to and along the centerline of the north-south alley in Block 2,to its intersection with the centerline of Bolt Street; Hemphill/Berry NEZ Ordinance No.22067-01-2016 Page 6 of 7 Thence west with said centerline to its intersection with the centerline of the alley in Block 48 of South Fort Worth Addition; Thence north to and along said centerline, and to and along the centerline of the north-south alley in Block 41, to its intersection with the centerline of Drew Street; Thence west with said centerline, to tits intersection with the centerline of Travis Avenue; Thence north with said centerline, to its intersection with the centerline of Fogg Street; Thence east with said centerline, to its intersection with the centerline of the alley in Block 32 of South Fort Worth Addition; Thence north to and along said centerline, and to and along the centerline of the north-south alley in Blocks 28, 21, of said Addition, and to and along the centerline of the alley in Blocks 16,9 and 4 of Cameron Place, to its intersection with the centerline of Biddison Street; Thence west with said centerline to its intersection with the centerline of Henderson Street; Thence north with said centerline to its intersection with the centerline of Berry Street; Thence west with said centerline to its intersection with the centerline of said centerline of said Burlington Northern Railroad; Thence north with said centerline to the place of beginning. Hemphill/Berry NEZ Ordinance No.22067-01-2016 Page 7 of 7 Hemphill / Berry Neighborhood Empowerment Zone ?�r -GtENvO�f I M! MINE TJ RA S EY+A \\ D �A PAIGEAST A to eN-A ic-3HE R -HIL- DR A 3 R BE RO T-S B T VE ORNI GSI-DO F" E1B IT w > a AN i a BARD N--DR €N 8WD E- BAKER- E- -� IDO YT y w T a M, _ < Q NG T Q Q Lu 3 B M OOB N•++��•1r,, IDDISO — ��"� ATKM O �/ ©yy N a � J I LAW Q C) d LU k I D INB€ two B i m4 w 4 } ? q 1 te �s ! _ , KSGI ST GG M GGOMAN-ST v Z A FO PA T =1 F w FOGG G 6 T— € D � o GN- GN-ST -1 ALG K-A -B L-T_- < O Z m V€ - m p -- W PRINCE-ST J A -b Z EM WA Y R W ' RG = ROAD 11 RNHI 0 DR EDDE E BPA ST w N ON {` LPL SPUR3EGN-ST ILL .1 LL A"443( I E M Legend I Prepared On:December 15,2010 N COPYRIGHT 2110 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS AVIOLATION OF APPLICABLE LAWS. THIS DATA ISTO BE USED FOR AGRAPHICAL REPRESENTATION ONLY.THE ACCURACY IS NOTTO BETAKEN/ Neighborhood Empowerment Zone USED AS DATAPRODUCED FOR ENGINEERING PURPOSES OR BY AREGISTERED PROFESSIONAL LAND Q SURVEYOR.THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THEACCURACY OF SAID DATA Q Urban Village I Miles FoRTWORTIL A't Park 0 0.125 0.25 0.5 City � of Fort Worth, Texas Mayor�k�N � N ° ��� � ��� N_������NN N_/����� �� N��� NN^��� ����� �� m*�N ��NN�� ���m�r�� 0N��Nm ��"��NNNNNN ��000����°"mm�nNN COUNCIL ACTION: Approved on 112612016 - Ordinance No. 22067-01-2016 DATE: Tuesday, January 20. 2O10 REFERENCE NO.: G-18648 LOG NAME: 19NEZHE[NPH|LLBEFlRY SUBJECT: Conduct a Public Hearing and Adopt Ordinance to Redesignate the HemphU|/BenyArea as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 7R (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to redesignate the Hemphill/Berry area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. yR; and 2. Adopt the attached ordinance which n*deoigneteetho Hemphill/Berry area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 7Fl, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. DISCUSSION: On December 7, 2010 (Mayor and Council Communication (K8&C) G47138). the City Council adopted Resolution No. 3946 to designate the Hemphill/Berry area as o Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 19463 which designated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FVVNERZ) No. 7R!. The designation for the Neighborhood Empowerment Zone is in place for a period of 10 years; however, according to the Texas Property Redevelopment and Tax Abatement Act, Tax Code. Chapter 312, the designation of 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 Hemphill/Berry area NEZ is only mid+waythrough its ten-year life and, therefore. this K8&Cvvou|d merely extend the tax abatement authority for the remainder of the NEZ'e ten-year term. The current ordinance designating FVVNERZ No. 7R expired on December 6, 2015 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. The Texas Property Redevelopment and Tax Abatement Act (Act) requires a public hearing. Notice ofthe public hearing was (1) delivered to the governing body of each affected taxing unit and (2) published in the newspaper at least seven days prior to the public meeting. The Act requires the property receiving an abatement to be located in a Reinvestment or Enterprise Zone. Staff recommends the renewal of the Hemphill/Berry Reinvestment Zone designation. FVVNEF<Z No. 7R and the Hemphill/Berry NEZ are located in COUNCIL DISTRICT 9. ]Loguonzo: 19NEZHBMPBlI.l.BBl[R`7 Page 1 of This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that approval of the above recommendation 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 Hemphill/Berry Neighborhood Empowerment Reinvestment Zone. FUND IDENTIFIERS (FIDO: TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department Accoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8187) Additional Information Contact: Sarah Odle (7316) Logname: 19NEZHEMPHILLBERRY Page 2 of 2