HomeMy WebLinkAboutOrdinance 22285-06-2016 ORDINANCE NO. 22285-06-2016
AN ORDINANCE RENEWING AND RE-DESIGNATING A CERTAIN
AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD
EMPOWERMENT REINVESTMENT ZONE NO. 38, 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 April 5, 2011, the City Council designated the Six Points Area as a
Neighborhood Empowerment Zone by Resolution Number 3981 (M&C G-17140), 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 April 5, 2011, the City Council designated the Six Points Area as
Neighborhood Empowerment Reinvestment Zone NO. 38 by Ordinance Number 19641
(M&C G-17140); 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
Ordinance No.22285-06-2016
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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 April 4, 2016, and the City Council wishes to renew
the Zone for a period of five years; and
WHEREAS, on June 21, 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 June 8, 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. 38 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,
Six Points NEZ Ordinance No.22285-06-2016
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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. 38, 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 June 21, 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.
Six Points NEZ Ordinance No.22285-06-2016
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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.
APPROVED AS TO FORM AND LEGALITY:
B -rilvf
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Melinda Ramos, Mary J. AWser,V
Sr. Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: June 21, 2016
M&C: G-18765
Six Points NEZ Ordinance No.22285-06-2016
Page 4 of 6
EXHIBIT A
SIX POINTS NEIGHBORHOOD EMPOWERMENT ZONE
& SIX POINTS NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 38
GENERAL DESCRIPTION
A parcel of land to be known as the "Six Points" NEZ, and being more particularly described
by bounds as follows;
BEGINNING at the intersection of the centerline of Dalford Street and the centerline of
Oakhurst Scenic Drive;
THENCE north easterly with said centerline, to its intersection with the centerline of
Westbrook Avenue;
THENCE north and easterly with said centerline, to its intersection with the centerline of
Chandler Drive;
THENCE north with said centerline, to its intersection with the centerline of Clary Avenue;
THENCE easterly with said centerline, to its intersection with the centerline of Seaman
Street;
THENCE southerly with said centerline, to its intersection with the centerline of Belknap
Street;
THENCE southwesterly with said centerline, to its intersection with said centerline of Eagle
Drive;
THENCE southerly with said centerline, to its intersection with the centerline of Maurice
Avenue;
THENCE easterly with said centerline, to its intersection with the northerly projection of the
most north west line of Block 1, Riverside Wal-mart Addition, according to the plat thereof
recorded at County Clerks Instrument number D 204033269;
THENCE southerly with said projection, to and along said west line, to and along the most
west north line, and to and along its most west line, and its projection southerly to its
intersection with the centerline of Race Street;
THENCE easterly with said centerline, to its intersection with the northwesterly right-of-way
of State Highway 121;
Six Points NEZ Ordinance No.22285-06-2016
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THENCE southwesterly and westerly with said right-of-way, to its intersection with the
centerline of Belknap Street;
THENCE north easterly with said centerline to its intersection with the centerline of Oakhurst
Scenic Drive;
THENCE north westerly to the PLACE OF BEGINNING, and containing some 0.81 square
miles of land, more or less.
Six Points NEZ Ordinance No.22285-06-2016
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/21/2016 - Ordinance No. 22285-06-2016
DATE: Tuesday, June 21, 2016 REFERENCE NO.: G-18765
LOG NAME: 19NEZSIXPOINTS
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance to Redesignate the Six Points Area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 38 (COUNCIL DISTRICTS 4, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to redesignate the Six Points Area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 38; and
2. Adopt the attached ordinance which redesignates the Six Points Area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 38, pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On April 5, 2011 (Mayor and Council Communication (M&C) G-17140), the City Council adopted
Resolution No. 3981 to designate the Six Points Area as a Neighborhood Empowerment Zone (NEZ) and
adopted Ordinance No. 19641 which designated the area as Fort Worth Neighborhood Empowerment
Reinvestment Zone (FWNERZ) No. 38.
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 Six
Points 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 10-year term.
The current ordinance designating FWNERZ No. 38 expired on April 4, 2016 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 Six Points Reinvestment Zone designation.
FWNERZ No. 38 and the Six Points NEZ are located in COUNCIL DISTRICTS 4, 8 and 9.
Logname: 19NEZSIXPOINTS Page I of 2
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 Six Points
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)
Logname: 19NEZSIXPOINTS Page 2 of 2