HomeMy WebLinkAboutOrdinance 22069-01-2016 ORDINANCE NO. 22069-01-2016
AN ORDINANCE RENEWING AND RE-DESIGNATING A CERTAIN
AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD
EMPOWERMENT REINVESTMENT ZONE NO. 9R, 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 Historic Handley
Area as a Neighborhood Empowerment Zone by Resolution Number 3945 (M&C G-17135)
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 Historic Handley
Area as Neighborhood Empowerment Reinvestment Zone NO. 9R by Ordinance Number
19461 (M&C G-17135); 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
Historic Handley NEZ Ordinance No.22069-01-2016
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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. 9R 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,
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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. 9R, 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.
Historic Handley NEZ Ordinance No.22069-01-2016
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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: rl V
Melinda Ramos Mary J.4Wsel
Sr. Assistant City Attorney City Secretary
M&C: G-18650
Historic Handley NEZ Ordinance No.22069-01-2016
Page 4 of 5
EXHIBIT A
HISTORIC HANDLEY NEIGHBORHOOD EMPOWERMENT ZONE
& HISTORIC HANDLEY NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 9R
GENERAL DESCRIPTION
The area to be re-designated as Fort Worth Neighborhood Empowerment Reinvestment Zone
No. 9 for tax abatement purposes contains 1.27 square miles of land and is within the area
described below:
On the North: Beginning at the intersection of Weiler Boulevard and Meadowbrook Drive,
thence east along Meadowbrook Drive,to the intersection of Meadowbrook Drive and the
southbound frontage road of Interstate Highway 820 East, thence south along the southbound
frontage road of Interstate Highway 820 East to the intersection with Craig Street, thence east
along Craig Street to its intersection with Sandy Lane.
On the East: Beginning at the intersection of Craig Street and Sandy Lane, thence south
along Sandy Lane to its intersection with Buttercup Lane, thence continuing east on Buttercup
Lane to its intersection with Boswell Drive, thence south along Boswell Drive to its
intersection with East Lancaster Avenue, thence continuing directly west along East Lancaster
Avenue to the intersection with Rosehill Street, thence south across East Lancaster Avenue to
the Union Pacific Railroad right-of-way, thence continuing directly south across the Union
Pacific Railroad right-of-way to the city limits of Arlington, also being a point on the southern
boundary of the Union Pacific Railroad right-of-way, thence west along said southern
boundary of the Union Pacific Railroad right-of-way, to a point that is the boundary line of
the city limits of Fort Worth and the city limits of Arlington, thence south along the boundary
line of the city limits of Fort Worth and Arlington to its intersection with East Rosedale
Street.
On the South: Beginning at the intersection of the joint boundary line of the city limits of
Fort Worth and Arlington and East Rosedale Street, thence west along East Rosedale Street to
its intersection with the northbound frontage road of Interstate Highway 820 East, thence
north along the northbound frontage road of Interstate Highway 820 East to the intersection
with the northern boundary of the Union Pacific Railroad right-of-way, thence west along said
northern boundary of the Union Pacific Railroad right-of-way to the intersection with Weiler
Boulevard.
On the West: Beginning at the intersection of the northern boundary of the Union Pacific
Railroad right-of-way and Weiler Boulevard, thence north along Weiler Boulevard, to East
Lancaster Avenue, thence west along East Lancaster Avenue to the continuation of Weiler
Boulevard,thence north along Weiler Boulevard, to the point of beginning.
Historic Handley NEZ Ordinance No.22069-01-2016
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 112612016 - Ordinance No. 22069-01-2016
DATE: Tuesday, January 26, 2016 REFERENCE NO.: G-18650
LOG NAME: 19NEZHISTORICHANDLEY
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance to Redesignate the Historic Handley Area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 9R (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to redesignate the Historic Handley area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 9R; and
2. Adopt the attached ordinance which redesignates the Historic Handley area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 9R, pursuant to the Texas Property Redevelopment
and Tax Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On December 7, 2010 (Mayor and Council Communication (M&C) G-17135), the City Council adopted
Resolution No. 3945 to designate the Historic Handley area as a Neighborhood Empowerment Zone
(NEZ) and adopted Ordinance No. 19461 which designated the area as Fort Worth Neighborhood
Empowerment Reinvestment Zone (FWNERZ) No. 9R.
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
Historic Handley 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. 9R 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 Historic Handley Reinvestment Zone designation.
FWNERZ No. 9R and the Historic Handley NEZ are located in COUNCIL DISTRICT 5.
Logname: 19NEZHISTORICHANDLEY Page I of 2
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
Historic Handley Neighborhood Empowerment Reinvestment Zone.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # �mounl
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: 19NEZHISTORICHANDLEY Page 2 of 2