HomeMy WebLinkAboutOrdinance 22113-03-2016 ORDINANCE NO. 22113-03-2016
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.22113-03-2016
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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 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. 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:
I.I. 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.22113-03-2016
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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. 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 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.
Rolling Hills NEZ Ordinance No.22113-03-2016
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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: March 1, 2016
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos IMary Kays
Sr. Assistant City Attorney City Secretary
M&C: G-18684
Rolling Hills NEZ Ordinance No.22113-03-2016
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 Callen 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 1-35W 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.22113-03-2016
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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.22113-03-2016
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Legend Prepared On:December 16,2010
N COPYRIGHT MID CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPUCABLE LAWS.
rn THIS DATA IS TO BE USED FOR AGRAPHICAL REPRESENTATION ONLY.THE ACCURACY IS NOT TO BETAKEN/
Neighborhood Empowerment Zone USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION,: Approved on 3/1/20116 - Ordinance No. 22113-03-2016
DATE: Tuesday, March 01, 2016 REFERENCE NO.: G-18684
LOG NAME: 19NERZROLLINGHILLS
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 January 26, 2016, the City Council voted to approve the renewal of Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 8R (FWNERZ) for the Rolling Hills Neighborhood Empowerment
Zone (NEZ), Mayor and Council Communication (M&C) G-18649 and adopted Ordinance No. 22068. The
Texas Property Redevelopment and Tax Abatement 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 was not published for the renewal of FWNERZ 8R, the renewal of the reinvestment zone was not
valid. The public notice was published on February 21, 2016 for the public hearing on March 1, 2016.
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 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 (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 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.
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.
Lojzname: 19NERZROLLINGHILLS
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.
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 Rolling Hills
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 moun
ID ID Year ::�Reference
CERTIFICATIONS:
Submit ted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Sarah Odle (7316)
Loi2namc: 19NFRZ,R0T.1.TNGTTT1.T.0 n ,