HomeMy WebLinkAboutOrdinance 18215-08-2008ORDINANCE NO. 18215-08-2008
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 11, 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 Properly 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 Cade; and
WHEREAS, on August 19, 2003, the City Council designated the
Riverside area as a Neighborhood Empowerment Zone by Resolution Number
2984 (M&C G-14059) 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 August 19, 2003, the City Council designated the
Riverside area as Neighborhood Empowerment Reinvestment Zone No. 11 by
Ordinance Number 15645 (M&C G-14059); 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 August 18, 2008 and the City
Council wishes to renew the Zone for a period of five years; and
WHEREAS, on August 5, 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 July 25, 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. 11will promote
the creation of affordable housing in the zone and an increase in economic
development in the Zone;
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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.
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
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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 Gity 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.11, 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 August 19, 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.
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
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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: August 5, 2008
APPROVED AS TO FORM AND LEGALITY:
B ~C
Y ~~~
Charlene Sanders
Assistant City Attorney
Date:
M&C: G-16227
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Fort Worth leTeighborhood. En~poWern~ent
I~.einvestment done leTo.11
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General I~escri~tion
The area to be designated as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 11 for tax abatement purposes contains 1.41 square
miles of land and is within the area described below:
On the North: Beginning at the intersection of the West Fork of the Trinity
River and State Highway 121, thence east along the eastbound State Highway
121 to the intersection of eastbound State Highway 121 and the eastbound
frontage road of State Highway 121, thence east along the eastbound frontage
road of State Highway 121 to the intersection of the eastbound frontage road
of State Highway 121 and Fairview Street, thence north along Fairview Street
under State Highway 121 to the intersection with the frontage road of the
westbound State Highway 121 and Fairview Street, thence east along the
frontage road of the westbound State Highway 121 to its intersection with
Harper Street, thence north along Harper Street to its intersection with Maurice
Avenue, thence west along Maurice Avenue to its intersection with West
Beach Street, thence north along West Beach Street to its intersection with
Maurice Avenue, thence west along Maurice Avenue to its intersection with
Sylvania Park Drive, thence north along Sylvania Park Drive to its intersection
with East Belknap Street, thence southwest along East Belknap Street to its
intersection with Seaman Street, thence north along Seaman Street to its
intersection with Clary Avenue, thence west along Clary Avenue to its
intersection with Eagle Drive, thence north along Eagle Drive to its intersection
with Yucca Avenue, thence east along Yucca Avenue to its intersection with
Seaman Street, thence north along Seaman Street to its intersection with
Marigold Avenue, thence east along Marigold Avenue to its intersection with
North Beach Street, thence south along North Beach Street to its intersection
with East Belknap Street, thence northeast along East Belknap Street to its
intersection with Parrish Road, thence east along Parrish Road to its
intersection with Kings Highway.
On the East: Beginning at the intersection of Parrish Road and Kings Highway,
thence south along Kings Highway to its intersection with the frontage road of
the westbound State Highway 121, thence southwest along the frontage road of
the westbound State Highway 121 to its intersection with Beach Street, thence
south along Beach Street to its intersection with Lawnwood Street.
On the South: Beginning at the intersection of Beach Street and Lawnwood
Street, thence west along Lawnwood Street to its intersection with Gross Street,
thence south along Gross Street to the southeast corner of Lot 11, Block 20,
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Page East Side #2, as recorded in Volume 309, Page 3 of the Tarrant County
Plat Records, thence west along the length of the southern property lines of Lots
11 through 1, Block 20, Page East Side #2 to the southwest corner of Lot 1,
Block 20, Page East Side #2, as recorded in Volume 309, Page 3 of the Tarrant
County Plat Records. Thence continuing west across De Costa Street to the
southeast corner of Lot 8, Block 19, Page East Side #2, as recorded in Volume
309, Page 3 of the Tarrant County Plat Records, thence continuing west along
the southern property lines of Lots 8 through 1, Block 19, Page East Side #2 to
the southwest corner of Lot 1, Block 19, Page East Side #2, as recorded in
Volume 309, Page 3 of the Tarrant County Plat Records, thence continuing west
across Brandies Street to the southeast corner of Lot 15, Block 68, Riverside
Addition, as recorded in Volume 204-A, Page 114 of the Tarrant County Plat
Records. Thence continuing west along the southern property lines of Lots 15,
14, 13, 12, 11 10, 9R, 7R, 6, 5, 4, 3, 2, and 1, Block 68, Riverside Addition, to
the southwest corner of Lot 1, Block 68, Riverside Addition, as recorded in
Volume 204-A, Page 114 of the Tarrant County Plat Records, thence continuing
west across Denair Avenue to the southeast corner of Lot 14, Block 67,
Riverside Addition, as recorded in Volume 204-A, Page 114 of the Tarrant
County Plat Records, thence continuing west along the southern property lines
of Lots 14 through 9, Black 67, Riverside Addition, to the southwest corner of Lot
9, Block 67, Riverside Addition, as recorded in Volume 204-A, Page 114 of the
Tarrant County Plat Records, thence north along the western property line of Lot
9, Block 67, Riverside Addition, to Lawnwood Street, thence west along
Lawnwood Street to the northeast corner of Lot 1 R, Block 65, Riverside Addition,
as recorded in Volume 388-70, Page 6 of the Tarrant County Plat Records,
thence south along the eastern property line of Lot 1 R, Block 65, Riverside
Addition, to the southeast corner of Lot 1 R, Block 65, Riverside Addition, thence
west along the southern property line of Lot 1 R, Block 65, Riverside Addition, to
the northeast corner of Lot 1, Block 72R, Riverside Addition, as recorded in
Volume 388-132, Page 80 of the Tarrant County Plat Records, thence south
along the eastern property line of Lot 1, Block 72R, Riverside to the southeast
corner of Lot 1, Block 72R, Riverside Addition, thence west along the southern
property line of Lot 1, Block 72R, Riverside Addition, to the southwest corner of
Lot 1 block 72R, Riverside Addition, thence continuing west to the intersection of
Swayne Avenue and Ennis Avenue, thence continuing west along Ennis Avenue
to the northeast corner of Lot 1 R, Block IA, Adams Mary Heirs Subdivision, as
recorded in Volume 388-107, Page 21 of the Tarrant County Plat Records,
thence south along the eastern property line of Lot 1 R, Block IA, Adams Mary
Heirs Subdivision, thence west along the southern property line of Lot 1 R, Block
IA, Adams Mary Heirs Subdivision, to the northeast corner of Lot 10, Lincoln
Place, as recorded in Volume 1627, Page 351 of the Tarrant County Plat
Records. Thence south along the eastern property line of Lot 10, Lincoln Place
to the southeast corner of Lot 10, Lincoln Place, as recorded in Volume 1594,
Page 475 of the Tarrant County Plat Records, thence continuing south across
East 12t" Street to the northeast corner of Lot 11, Lincoln Place, as recorded in
Volume 1594, Page 475 of the Tarrant County Plat Records, thence south along
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the eastern property line of Lot 11, Lincoln Place to the northeast corner of Lot 9,
Carver Place, as recorded in Volume 1594, Page 475 of the Tarrant County Plat
Records, thence continuing south along the eastern property line of Lot 9,
Carver Place, to the southeast corner of Lot 9, Carver Place, thence continuing
south across Finley Street to the northeast corner of Lot 10R, Carver Place, as
recorded in Volume 1594, Page 475 of the Tarrant County Plat Records, thence
continuing south along the eastern property lines of Lot 10R and 32, Carver
Place, to the southeast corner of Lot 32, Carver Place, as recorded in Volume
9631, Page 244 of the Tarrant County Plat Records, thence continuing south
across VanHorn Street to the northeast corner of Lot 33, Carver Place, as
recorded in Volume 1594, Page 475 of the Tarrant County Plat Records, thence
continuing south to the southeast corner of Lot 33, Carver Place, thence east
along the northern property line of Lot 1, Block 1, Material Control Subdivision,
as recorded in Volume 00109, Page 0072 of the Tarrant County Plat Records, to
the northeast corner of Lot 2, Block 1, Material Control Subdivision, as recorded
in Volume 00159, Page 0026 of the Tarrant County Plat Records, thence south
along the eastern property line of Lot 2, Block 1, Material Control Subdivision, to
the northeast corner of Tract 24, Waller, Benjamin E Survey, as recorded in
Volume 005244, Page 0477 of the Tarrant County Deed Records, thence
continuing south along the eastern property line of Tract 24, Waller, Benjamin E
Survey, to the northeast corner of Lot 1, Block 1, Adams Heirs Subdivision, as
recorded in Volume A, Page 877 of the Tarrant County Plat Records, thence
continuing south along the eastern property line of Lot 1, Block 1, Adams Heirs
Subdivision to the northeast corner of Tract 21, Waller Benjamin E Survey, as
recorded in Volume 005244, Page 0477 of the Tarrant County Deed Records,
thence continuing south along the eastern property line of Tract 21, Waller
Benjamin E Survey, to the southeast corner of Tract 21, Waller Benjamin E
Survey, thence continuing south to the west fork of the Trinity River to its
intersection with Riverside Drive, thence continuing west along the West Fork of
the Trinity River to its intersection with Sylvania Court.
On the West: Beginning at the intersection of Sylvania Court and the West
Fork of the Trinity River, thence north along the West Fork of the Trinity River
to its intersection with State Highway 121, which is also the point of beginning.
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Cifi~r ®f ®r~ I~®~h, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/5/2008 -Ord. No. 18215-08-2008
DATE: Tuesday, August 05, 2008
LOG NAME: 05RIVERSIDENERZ
REFERENCE NO.: G-16227
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Concerning Renewal of the Riverside Neighborhood
Empowerment Reinvestment Zone No. 11
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the renewal of the Riverside area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 11; and
2. Adopt the attached ordinance which designates the renewal of Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 11, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312.
DISCUSSION:
On August 19, 2003, (M&C G-14059) the City Council adopted Resolution No. 2984 to designate the
Riverside area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15645 which
designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 11.
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. 11 expires on August 18, 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. 11 and the Riverside NEZ are located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
Logname: OSRIVERSIDENERZ Page 1 of 2
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Joe Paniagua (6140)
Originating Department Head: Jerome Walker (7537)
Additional Information Contact: Sarah Odle (7316)
Logname: OSRIVERSIDENERZ Page 2 of 2