HomeMy WebLinkAboutOrdinance 22070-01-2016 ORDINANCE NO. 22070-01-2016
AN ORDINANCE RENEWING AND RE-DESIGNATING A CERTAIN
AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD
EMPOWERMENT REINVESTMENT ZONE NO. 15R, 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 Trinity Park Area
as a Neighborhood Empowerment Zone by Resolution Number 3946 (M&C G-17136), and
on July 16, 2013, the City Council reduced the Trinity Park Area Neighborhood
Empowerment Zone by Resolution Number 4225 (M&C G-17939) 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 Trinity Park Area
as Neighborhood Empowerment Reinvestment Zone NO. 15R by Ordinance Number 19462
(M&C G-17136) and on July 16, 2013, the City Council reduced the Trinity Park Area
Neighborhood Empowerment Reinvestment Zone No. 15R by Ordinance Number 20807
(M&C G-17939); and
Trinity Park NEZ Ordinance No.22070-01-2016
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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 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. 15R 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:
Trinity Park NEZ Ordinance No.22070-01-2016
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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.
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. 15R, 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.
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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:
B
y
Melinda Ramos Mary J. K r
Sr. Assistant City Attorney City Secretary
M&C: G-18651
Trinity Park NEZ Ordinance No.22070-01-2016
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EXHIBIT A
TRINITY PARK NEIGHBORHOOD EMPOWERMENT ZONE
& TRINITY PARK NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 15R
GENERAL DESCRIPTION
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone
No. 15R for tax abatement purposes contains 0.54 square miles of land and is a parcel of land
out of the William Russell Survey, Abstract Number 15R1, the Richard Crawley Survey,
Abstract Number 313, the Adolphe Gouhenant Survey, Abstract Number 582, and the
Archibald Robinson Survey, Abstract Number 1289, and being more particularly described by
bounds as follows;
Beginning at the intersection of the centerline of North University Drive and the north right-
of-way of Shamrock Street;
Thence: northeasterly to the southwest corner of Block 12, of Bailey's Industrial Addition;
Thence: north to the northwest corner of said Block 12;
Thence: northeasterly with the northwesterly line of said Block, and generally with the south
toe of bank of the levee system of the West Fork of the Trinity River, to and along the
northwesterly line of Block 13, of said Addition, to its intersection with the centerline of
Henderson Street;
Thence: southeasterly with said centerline, to the southeasterly line of the remainder of Block
23 of Evans Pearson Westwood Addition;
Thence: southwesterly with the southeast line of said Block, and generally with the north toe
of bank of the levee system of the Clear Fork of the Trinity River, to and along the southeast
line of the remainder of Block 2s of said Addition, and to and along the southeast line of
Block 17R of said Addition, to its intersection with the centerline of Arthur Street;
Thence: south with said centerline, to its intersection with the centerline of Dakota Street;
Thence: west with said centerline, to its intersection with the centerline of Harold Avenue;
Thence: north with said centerline, to its intersection with the centerline of Kansas Street;
Thence: west with said centerline, to its intersection with the southeast right-of-way of the
Saint Louis, San Francisco, and Texas Railroad;
Thence: southwesterly with said right-of-way, to its intersection with the north line of
Montgomery Plaza Addition;
Thence: west with said north line to its intersection with the centerline of Carroll Street;
Thence: south with said centerline, to its intersection with the centerline of Merrimac Street;
Thence: west with said centerline, to its intersection with the west line of Lot 16, Block 14,
Linwood Addition;
Thence: south with said line, to the original south line of said Block;
Thence: east with said line, to the northwest corner of Lot 22, of said Block;
Thence: south with the west line of said Lot, to its intersection with the centerline of West 5th
Street;
Trinity Park NEZ Ordinance No.22070-01-2016
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Thence: west with said centerline, to its intersection with the centerline of Foch Street;
Thence: south with said centerline, to its intersection with the centerline of West 6th Street;
Thence: west with said centerline, to its intersection with the centerline of Norwood Street;
Thence: north with said centerline, to its intersection with the centerline of West 5th Street;
Thence: west with said centerline, to its intersection with the centerline of North University
Drive;
Thence: north with said centerline, the point of beginning.
And removing the following two tracts of land:
TRACT 1
Being all of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, and 16 in Block 17 of Linwood
Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat
thereof recorded in Volume 388-13, Page 181, Plat Records, Tarrant County, Texas, and being
all of Lot 11R in Block 17 of Linwood Addition, an Addition to the City of Fort Worth,
Tarrant County, Texas, according to the plat thereof recorded in Cabinet B, Slide 3352, Plat
Records, Tarrant County, Texas, and being the same tracts of land conveyed to James T.
Ayres, by deeds recorded in Instrument Nos. D205321976, D206009786, D206026252,
Volume 9288, Page 2042 and Volume 9756, Page 362, Deed Records, Tarrant County, Texas,
and being part of tracts of land conveyed to Economy Apartments, LLC, by deed recorded in
Instrument No. D211126041, Deed Records, Tarrant County, Texas, and;
TRACT 2
Being all of Lots 1, 2, 3, 4, 5, 6, 23, 24 and part of Lot 22 in Block 16 of Linwood Addition,
an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof
recorded in Volume 388-B, Page 181, Plat Records, Tarrant County, Texas, and being the
same tract of land conveyed to James T. Ayres, by deed recorded in Instrument No.
D202119337, Deed Records, Tarrant County, Texas, and being the same tracts of land
conveyed to James T. Ayres, by Deeds recorded in Volume 10311, Page 1442 and Page 1454,
Deed Records, Tarrant County, Texas, and being part of tracts of land conveyed to Economy
Apartments, LLC, by deed recorded in Instrument No. D211126041, Deed Records, Tarrant
County, Texas.
Trinity Park NEZ Ordinance No.22070-01-2016
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Legend Prepared On:October 9,201
COPYRIGHT 2013 CITY OF FORT WORTH. UNAUTHORIZEDREPRODUCTION IS A VIOLATION OF APPLICABLE LA1
N THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABI
Urban Village FOR GAL,ENGINEERING,OR SURVEYING PURPOSES.IT DOES NOT REPRESENTAN ON-THE-GROUND
SURVEYLEAND EPRESENTS ONLY THE APPROXIMATE RELATIVELOCATION OF PROPERTY BOUNDARIES.
THE CITY OF FORTWORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/26/2016 - Ordinance No. 22070-01-2016
DATE: Tuesday, January 26, 2016 REFERENCE NO.: G-18651
LOG NAME: 19NEZTRINITY PARK
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance to Redesignate the Trinity Park Area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 15R (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to redesignate the Trinity Park area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 15R; and
2. Adopt the attached ordinance which redesignates the Trinity Park area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 15R, 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-17141), the City Council adopted
Resolution No. 3950 to designate the Trinity Park area as a Neighborhood Empowerment Zone (NEZ) and
adopted Ordinance No. 19466 which designated the area as Fort Worth Neighborhood Empowerment
Reinvestment Zone (FWNERZ) No. 15R. On July 16, 2013 (M&C G-17939), the City Council adopted
Resolution No. 4225 to reduce the size of the Trinity Park NEZ and Ordinance No. 20807 which reduced
the size of FWNERZ No. 15R.
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
original expiration dates of the Trinity Park area NEZ and FWNERZ 15R were kept with the reduction in
2013. The Trinity Park 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 ordinance designating FWNERZ No. 15R and the ordinance reducing the size of FWNERZ No. 15R
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 Trinity Park Reinvestment Zone designation.
Logname: 19NEZTRINITY PARK Page 1 of 2
FWNERZ No. 15R and the Trinity Park NEZ are located in COUNCIL DISTRICT 9.
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
Trinity Park Neighborhood Empowerment Reinvestment Zone.
FUND IDENTIFIERS (FIDsJ:
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: 19NEZTRINITY PARK Page 2 of 2