HomeMy WebLinkAboutOrdinance 18101-05-2008ORDINANCE NO. 18101-05-2008
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 9, 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 15, 2007 of
Resolution No. 3487 (M&CG-15726), 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 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; and
WHEREAS, on May 27, 2003, the City Council designated the Historic
Handley area as a Neighborhood Empowerment Zone by Resolution Number
2950 (M&C G-13983) 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 May 27, 2003, the City Council designated the Historic
Handley area as Neighborhood Empowerment Reinvestment Zone No. 9 by
Ordinance Number 15569 (M&C G-13983); 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
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 shall expire on May 26, 2008 and the City Council
wishes to renew the Zone for a period of five years; and
WHEREAS, on May 20, 2008, 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 May 9, 2008; 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. 9 will promote
the creation of affordable housing in the zone and an increase in economic
development in the Zone;
2
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;
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.
3
'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 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. 9, City of
Fort Worth, Texas". The area within the Zone is eligible for residential and
commercial-industrial tax abatement pursuant to Resolution No. 3487.
SECTION 3.
TERM OF ZONE.
That the Zone shall be renewed upon May 27, 2008, 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.
4
SECTION 4.
SEVERABI~ITY.
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: May 20, 2008
APPROVED AS TO FORM AND LEGALITY:
By: U
Charlene Sanders
Assistant City Attorney
Date: ~ ~ ~ ~a~ g
___~
M&C:G-16152
5
EXIIIBIT A
Fort Worth Neighborhood Empowerment
Reinvestment Zone No 9
Historic Handley
General Description
The area to be re-designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone No. 9 for tax abatement purposes contains 1.27 square miles of land and is within
the area described below:
On the North: Beginning at the intersection of Weiler Boulevard and Meadowbrook
Drive, thence east along Meadowbrook Drive, to the intersection of Meadowbrook
Drive and the southbound frontage road of Interstate Highway 820 East, thence south
along the southbound frontage road of Interstate Highway 820 East to the intersection
with Craig Street, thence east along Craig Street to its intersection with Rosehill Street.
On the East: Beginning at the intersection of Craig Street and Rosehill Street, thence
south along Rosehill Street to its intersection with East Lancaster Avenue, thence
continuing directly south across East Lancaster Avenue to the Union Pacific Railroad
right-of--way, thence continuing directly south across the Union Pacific Railroad right-
of-way to the city lunits of Arlington, also being a point on the southern boundary of
the Union Pacific Railroad right-of--way, thence west along said southern boundary of
the Union Pacific Railroad right-of--way, to a point that is the boundary line of the city
limits of Fort Worth and the city limits of Arlington, thence south along the boundary
line of the city limits of Fort Worth and Arlington to its intersection with East Rosedale
Street.
On the South: Beginning at the intersection of the joint boundary line of the city limits
of Fort Worth and Arlington and East Rosedale Street, thence west along East Rosedale
Street to its intersection with the northbound frontage road of Interstate Highway 820
East, thence north along the northbound frontage road of Interstate Highway 820 East to
the intersection with the northern boundary of the Union Pacific Railroad right-of--way,
thence west along said northern boundary of the Union Pacific Railroad right-of--way to
the intersection with Weiler Boulevard.
On the West: Beginning at the intersection of the northern boundary of the Union
Pacific Railroad right-of--way and Weiler Boulevard, thence north along Weiler
Boulevard, to East Lancaster Avenue, thence west along East Lancaster Avenue to the
continuation of Weiler Boulevard, thence north along Weiler Boulevard, to the point of
beginning.
6
City ®f F®-~t I~/or~h, 1"exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/20/2008 -Ord. No. 18101-05-2008
DATE: Tuesday, May 20, 2008
LOG NAlI11E: 05HANDLEYNERZ REFERENCE NO.: G-16152
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Concerning Renewal of the Historic Handley
Neighborhood Empowerment Reinvestment Zone No. 9
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the renewal of the Historic Handley area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 9; and
2. Adopt the attached ordinance which designates the renewal of Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 9, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312.
DISCUSSION:
On May 27, 2003, (M&C G-13983) the City Council adopted Resolution No. 2950 to designate the Historic
Handley area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15569 which
designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 9.
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 current ordinance designating FWNERZ No. 9 expires on May 26, 2008, 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.
According to State Law, in order to adopt the attached ordinance for renewal, five members of the City
Council must vote in favor of adoption.
FWNERZ No. 9 and the Historic Handley NEZ are located in COUNCIL DISTRICT 5.
FISGAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: OSHA.NDLEYNERZ Page 1 of 2
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office b~ Joe Paniagua (6140)
Originating Department Head: Jerome Walker (7537)
Additional Information Contact: Sarah Odle (7316)
Logname: OSHANDLEYNERZ Page 2 of 2