HomeMy WebLinkAboutOrdinance 22071-01-2016 ORDINANCE NO. 22071-01-2016
AN ORDINANCE RENEWING AND RE-DESIGNATING A CERTAIN
AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD
EMPOWERMENT REINVESTMENT ZONE NO. 37, 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 28th
Street/Meacham Area as a Neighborhood Empowerment Zone by Resolution Number 3944
(M&C G-17134), and on November 12, 2013, the City Council enlarged the 28th
Street/Meacham Area Neighborhood Empowerment Zone by Resolution Number 4260 (M&C
G-18059)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 28th
Street/Meacham Area as Neighborhood Empowerment Reinvestment Zone NO. 37 by
Ordinance Number 19460 (M&C G-17134) and on November 12, 2013, the City Council
enlarged the 28th Street/Meacham Area Neighborhood Empowerment Reinvestment Zone
No. 37 by Ordinance Number 21034 (M&C G-18059); and
28t1 Street/Meacham NEZ Ordinance No. 22071-01-2016
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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. 37 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:
28th Street/Meacham NEZ Ordinance No.22071-01-2016
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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. 37, 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.
28`h Street/Meacham NEZ Ordinance No.22071-01-2016
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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:
B (� 1
Y•
Melinda Ramos Mary J. y er
Sr. Assistant City Attorney City Secre y
M&C: G-18652
28ft`Street/Meacham NEZ Ordinance No.22071-01-2016
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EXHIBIT A
28TH STREET/MEACHAM NEIGHBORHOOD EMPOWERMENT ZONE
& 28TH STREET/MEACHAM NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 37
GENERAL DESCRIPTION
A parcel of land to be known as the "28th Street/Meacham"NEZ, and being more particularly
described by bounds as follows;
BEGINNING at the intersection of the centerline of Sylvania Avenue and Kimbo Road;
THENCE easterly with said centerline of Kimbo Road to its intersection with the centerline of
Beach Street;
THENCE southerly with said centerline of Beach Street to its intersection with the centerline
of Northeast Twenty Eight Street;
THENCE westerly with said centerline of Northeast Twenty Eight Street, to its intersection
with the centerline of the main track of the Burlington Northern and Santa Fe Railroad;
THENCE northerly with said centerline, to its intersection with the centerline of Decatur
Avenue;
THENCE northerly with said centerline, to its intersection with the centerline of Northeast
Thirty First Street;
THENCE westerly with said centerline, to its intersection with the centerline of Hampton
Street;
THENCE northerly with said centerline, to its intersection with the centerline of Long
Avenue;
THENCE easterly, northeasterly, and easterly with said centerline, to its intersection with the
centerline of Northeast Thirty Third Street;
THENCE northeasterly with said centerline, to its intersection with the centerline of Deen
Road;
THENCE northerly with said centerline, to its intersection with the centerline of Terminal
Road;
THENCE northwesterly and westerly with said centerline, to its intersection with the
centerline of Blue Mound Road;
28th Street/Meacham NEZ Ordinance No.22071-01-2016
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THENCE northerly with said centerline, to its intersection with the centerline of Meacham
Boulevard;
THENCE easterly with said centerline, to its intersection with the centerline of Interstate
Highway 35W;
THENCE southerly and southwesterly with said centerline, to its intersection with the
centerline of High Crest Avenue,projected westerly;
THENCE easterly with said projection, to and along said centerline, and to and along its
projection easterly, to its intersection with said centerline of Sylvania Avenue;
THENCE southerly with said centerline to the PLACE OF BEGINNING, and containing
some 2.5 square miles of land, more or less.
28t`Street/Meacham NEZ Ordinance No.22071-01-2016
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/26/2016 - Ordinance No. 22071-01-2016
DATE: Tuesday, January 26, 2016 REFERENCE NO.: G-18652
LOG NAME: 19NEZ28THSTREETMEACHAM
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance to Redesignate the 28th Street/Meacham Area as Fort
Worth Neighborhood Empowerment Reinvestment Zone No. 37 (COUNCIL DISTRICTS 2 and 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to redesignate the 28th Street/Meacham area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 37; and
2. Adopt the attached ordinance which redesignates the 28th Street/Meacham area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 37, 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-17134), the City Council adopted
Resolution No. 3944 to designate the 28th Street/Meacham area as a Neighborhood Empowerment Zone
(NEZ) and adopted Ordinance No. 19460 which designated the area as Fort Worth Neighborhood
Empowerment Reinvestment Zone (FWNERZ) No. 37. On November 12, 3013 (M&C G-18059), the City
Council adopted Resolution No. 4260 to expand the boundary of the 28th Street/Meacham NEZ and
Ordinance No. 21034 which expanded the size of FWNERZ No. 37.
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 28th Street/Meacham NEZ and FWNERZ No. 37 were kept with the
expansion in 2013. The 28th Street/Meacham 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-
yearterm.
The ordinance designating FWNERZ No. 37 and the ordinance expanding the size of FWNERZ No. 37
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.
Logname: 19NEZ28THSTREETMEACHAM Page 1 of 2
Staff recommends the renewal of the 28th Street/Meacham Reinvestment Zone designation.
FWNERZ No. 37 and the 28th Street/Meacham NEZ are located in COUNCIL DISTRICTS 2 and 4.
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
28th Street/Meacham Neighborhood Empowerment Reinvestment Zone.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun 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: 19NEZ28THSTREETMEACTIAM Page 2 of 2