HomeMy WebLinkAboutOrdinance 22112-03-2016 ORDINANCE NO. 22112-03-2016
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
28th Street/Meacham NEZ Ordinance No.22112-03-2016
Page 1 of 6
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 March 1, 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 February 21, 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:
28'h Street/Meacham NEZ Ordinance No.22112-03-2016
Page 2 of 6
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 March 1, 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.22112-03-2016
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: March 1, 2016
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos Mary Kays
Ll
Sr. Assistant City Attorney City Secretary
M&C: G-18683
28`x'Street/Meacham NEZ Ordinance No.22112-03-2016
Page 4 of 6
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;
28fl'Street/Meacham NEZ Ordinance No.22112-03-2016
Page 5 of 6
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.
28"'Street/Meacham NEZ Ordinance No.22112-03-2016
Page 6 of 6
Y1��1
F`�1 N g W
r W Q
N �Q
E doggy
i ¢000
U
Q @ >Uwr
- - 1'S Od38
O� a
o Ff.W
li
o=m=
aNg
1 N
g.W O
m �ls M R
-ST
IBJLIE =W
Q °mo z
w°
= a UTA- IEV►leST
CS o 14
0p 0 0 N 0°"
ON II?BRAE�V M 0
ow�o
r zmg� LO
E;
-`1 o
>a`w
o>
8 » o
lid 3Sa lNlVd
KIN El
w O� Ob?1J z Q
G
I C7 to
z
r-
q 0
� W
C z as 13M 9MGVN�
� r
QLo z
Y
z 330 A3 -N33a
W z AV
NIVIP O Cl) -A" Im
0 f -
0 eat
I-- , ae ls- os rr♦ 1
O
z_
3
Ir S-J U H3S J
ID
m Q
N
U v a 3 2i 1 Cr N01_fdWb 4
N w
C H O Of
C . r
! 3
as a O 3f118 I E
M
ON j�T 3 r 00 o a
L R
3 -
+� o j
AOLIO L c
L
N �il
S 3ON3wwo 3 I`t"
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/1/2016 - Ordinance No. 22112-03-2016
DATE: Tuesday, March 01, 2016 REFERENCE NO.: G-18683
LOG NAME: 19NERZ28THSTREETMEACHAM
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 January 26, 2016, the City Council voted to approve the renewal of Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 37 (FWNERZ) for the 28th Street/Meacham Neighborhood
Empowerment Zone (NEZ), Mayor& Council Communication (M&C) G-18652 and adopted Ordinance No.
22071. The Texas Property Redevelopment and Tax Abatement Act (Act) requires a public notice to be
posted in a newspaper of general circulation not later than the seventh day before the date of the public
hearing for renewal of a reinvestment zone. Staff requested publication of a public hearing for the renewal
of seven reinvestment zones and discovered that only five were published by the newspaper.
Since the public notice for the renewal of FWNERZ 37 was not published, the renewal of the reinvestment
zone was not valid. The public notice was published on February 21, 2016 for the Public Hearing March
1, 2016.
On December 7, 2010 (M&C G-17134), the City Council adopted Resolution No. 3944 to designate the
28th Street/Meacham area as a NEZ and adopted Ordinance No. 19460 which designated the area as
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 NEZ is in place for a period of 10 years, however, according to the 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
10-year life and, therefore, this M&C would merely extend the tax abatement authority for the remainder of
the NEZ's 10-year term.
T nannmw 101NTFR77QTUQTRT-P'PA/iP ACTJAA T
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.
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 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 Director of Finance 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 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)
I,0gname- 19NFR7?RTACTRFFTI\/fPAruAN/f