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HomeMy WebLinkAboutOrdinance 22068-01-2016 ORDINANCE NO. 22068-01-2016 AN ORDINANCE RENEWING AND RE-DESIGNATING A CERTAIN AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE NO. 8R, 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 Rolling Hills Area as a Neighborhood Empowerment Zone by Resolution Number 3949 (M&C G-17139) 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 Rolling Hills Area as Neighborhood Empowerment Reinvestment Zone NO. 8R by Ordinance Number 19465 (M&C G-17139); 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 Rolling Hills NEZ Ordinance No.22068-01-2016 Page 1 of 6 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. 8R 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, Rolling Hills NEZ Ordinance No.22068-01-2016 Page 2 of 6 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. 8R, 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. Rolling Hills NEZ Ordinance No.22068-01-2016 Page 3 of 6 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: By: ?tvmyo Melinda Ramos Mary J. Ka se Sr. Assistant City Attorney City Secretary M&C: G-18649 Rolling Hills NEZ Ordinance No.22068-01-2016 Page 4 of 6 EXHIBIT A ROLLING HILLS NEIGHBORHOOD EMPOWERMENT ZONE & ROLLING HILLS NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE NO. 8R GENERAL DESCRIPTION The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8R for tax abatement purposes contains 2.49 square miles of land and is a parcel of land out of the John Collett Survey, Abstract Number 260, the Louis Cahen Survey, Abstract Number 290, the Robert Gillaster Survey, Abstract Number 619, the Samuel B. Hopkins Survey, Abstract Number 669, the William Hicks Survey, Abstract Number 694, the George W. Hartzog Survey, Abstract Number 697, the James Hute Survey, Abstract Number 799, the S. P. Loving Survey, Abstract Number 943, the William R. Loving Survey, Abstract Number 948, the Elijah Rogers Survey, Abstract Number 1292, the Alfred Stinson Survey, Abstract Number 1413, the Samuel Woody Survey, Abstract number 1638, the Louis Wetmore Survey, Abstract Number 1649, and the Juan Armendaris Survey, Abstract Number 1768, and being more particularly described by bounds as follows; Beginning at the intersection of the centerline of Interstate Highway I-35W with the centerline Glen Garden Drive; Thence south with said centerline of said Highway, to its intersection with the centerline of the Union Pacific Railroad, formerly the Houston and Texas Central Railroad; Thence southeasterly and south with said centerline to its intersection with the projection of the south line of Block 29 of Weisenberger Sunny Hill Garden Addition; Thence west, to and along said line to its intersection with the centerline of Joe Frazier Street; Thence south with said centerline to its intersection with the centerline of Blodgett Avenue; Thence west with said centerline to its intersection with the east line of Block C of Vallejo Park Addition; Thence south with said line, to and along the east line of Block D of said Addition, to its southeast corner, and being in the north line of Block 7 of Carter Park Addition; Thence east with said north line, to the centerline of Carter Park Lane; Thence southerly with said centerline, to its intersection with the centerline of Seminary Drive; Thence east with said centerline, to its intersection with the centerline of Sycamore Creek; Rolling Hills NEZ Ordinance No.22068-01-2016 Page 5 of 6 Thence southerly with said centerline, to its intersection with the projection of southeasterly line of Sycamore Creek Addition, which is also the west boundary of Carter Park, according to the map on file at the City of Fort Worth, Survey Division, File Number E-325A; Thence southeasterly to and along said boundary, with its meanders to its intersection with the centerline of the Union Pacific Railroad, formerly the International and Great Northern Railroad; Thence southeasterly with said centerline, to its intersection with the centerline of Interstate Highway 20, also known as Loop 820; Thence southeasterly with said centerline, to its intersection with the centerline of Campus Drive; Thence northwesterly and north with said centerline to its intersection with the centerline of Seminary Drive; Thence east with said centerline, to its intersection with the centerline of Old Mansfield Road; Thence northwesterly, north, and northwesterly with said centerline to its intersection with said centerline of Glen Garden Drive; Thence west with said centerline to the Point of Beginning. Rolling Hills NEZ Ordinance No.22068-01-2016 Page 6 of 6 Rolling Hills Neighborhood Empowerment Zone C� G E G DEN'M.R ` a .��. C AMA R . _g � '•:rte M _ T ELL L+1— RG (Z)�NGLEN—D —JAI L C�}V1FAI—D --L-.9MI ATKINS- _D _z A_�J-Z E6 1 { IAN©TI r," r. INE 1?&� v GARDE-NIA-E) O I I GOMAN- ST E--L- G p R AS SAN-S te PEG ROI DE€ ---PEG S O Lb -I� -S � O -ALGA N ON-S- O LIL ~ N R1 SEMINARY MR SEMIN R FEEL-L-- 'r OAT OP FEL IR r' P 4 O > U_ m � 1 z O SkAN co G Legend N Prepared On:December 16,2010 COPYRIGHT 2)10 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR AGRAPHICAL REPRESENTATION ONLY.THE ACCURACY IS NOTTO BE TAKEN/ Nei hborhood Em owerment Zone USEDAS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND Q 9 P SURVEYOR.THE CITY OF FORT WORTH ASSUMES NO RESPON SIBILITY FOR THE ACCURACYOF SAID DATA "Urban Village Mlles F_ ORTM ,11L Park 0 0.25 0.5 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/26/2016 - Ordinance No. 22068-01-2016 DATE: Tuesday, January 26, 2016 REFERENCE NO.: G-18649 LOG NAME: 19NEZROLLINGHILLS SUBJECT: Conduct a Public Hearing and Adopt Ordinance to Redesignate the Rolling Hills Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8R (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to redesignate the Rolling Hills area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8R; and 2. Adopt the attached ordinance which redesignates the Rolling Hills area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8R, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. DISCUSSION: On December 7, 2010 (M&C G-17139), the City Council adopted Resolution No. 3949 to designate the Rolling Hills area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 17139 which designated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 8R. 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 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 Rolling Hills area NEZ is only mid-way through its ten-year life and, therefore, this M&C would merely extend the tax abatement authority for the remainder of the NEZ's ten-year term. The current ordinance designating FWNERZ No. 8R 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 of the 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 Rolling Hills Reinvestment Zone designation. FWNERZ No. 8R and the Rolling Hills NEZ are located in COUNCIL DISTRICT 8. This M&C does not request approval of a contract with a business entity. Logname: 19NEZROLLINGHILLS Page 1 of 2 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 Rolling Hills Neighborhood Empowerment Reinvestment Zone. FUND IDENTIFIERS (FIDsI: TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun 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: 19NEZROLLINGHILLS Page 2 of 2