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HomeMy WebLinkAboutOrdinance 22671-04-2017 ORDINANCE NO. 22671-04-2017 AN ORDINANCE RE-ESTABLISHING, REVISING AND RENAMING A CERTAIN AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE NO. 2, 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 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 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 March 27, 2012, the City Council designated the Ridglea Village/Como area as a Neighborhood Empowerment Zone by Resolution Number 4079-03-2012 (M&C G- 17564) 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 March 27, 2012, the City Council designated the Ridglea Village/Como area as Neighborhood Empowerment Reinvestment Zone No. 2 by Ordinance Number 20144- 03-2012 (M&C G-17564); and WHEREAS, on April 11, 2017, the City Council re-established, revised and renamed the Ridglea Village/Como Area to the Como/Sunset Heights Area as a Neighborhood Empowerment Zone by Resolution to promote (1) the creation or rehabilitation of affordable housing in the Ordinance No.22671-04-2017 Page 1 of 6 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, the Neighborhood Empowerment Reinvestment Zone No. 2 is located within the Como/Sunset Heights Neighborhood Empowerment Zone; and WHEREAS, the Neighborhood Empowerment Zone No. 2 will promote the creation of affordable housing in the zone and an increase in economic development in the zone; and WHEREAS, on April 11, 2017, the City Council held a public hearing regarding the creation of the re-established and revised Zone which afforded a reasonable opportunity for all interested persons to speak and present evidence for or against the creation of the Zone ("Public Hearing"), as required by Section 312.201(d) of the Code; and WHEREAS, notice of the Public Hearing was published in a newspaper of general circulation in the City on April 2, 2017, which satisfies the requirement of Section 312.201(d)(1) of the Code that publication of the notice occur not later than the seventh day before the date of the public hearing; and WHEREAS, in accordance with Sections 312.201(d)(2) and (e), 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; 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 revision and 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 revised 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 creation of a reinvestment zone under Chapter 312 of the Code; and Ordinance No.22671-04-2017 Page 2 of 6 1.2. That the re-established and revised 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 V.T.C.A., Tax Code, Section 312.202, 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 re-establishes and revises 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 be known as "Neighborhood Empowerment Reinvestment Zone No. 2, City of Fort Worth, Texas". The area within the Zone is eligible for residential and commercial-industrial tax abatement pursuant to Resolution No. 4455-05-2015. SECTION 3. TERM OF ZONE. That the Zone shall take effect upon the effective date of this Ordinance and expire on March 28, 2022. 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 Ordinance No.22671-04-2017 Page 3 of 6 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. EFFECT. That this Ordinance shall take effect upon its adoption. AND IT IS SO ORDAINED. APPROVED AS TO FORM AND LEGALITY: By: elinda Ramos, Mary J. , Sr. Assistant City Attorney City Secretary M&C: G-18986 ADOPTED AND EFFECTIVE: April 11,2017 Ordinance No.22671-04-2017 Page 4 of 6 EXHIBIT A Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2 Como/Sunset Heights General Description The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2 for tax abatement purposes contains 1.54 square miles of land and is described below: On the North: Beginning at the intersection of the centerline of Camp Bowie Boulevard and the eastbound service road of Interstate 30 West. Thence east with said centerline on the eastbound service road to Sanguinet Street. On the East: Beginning at the intersection of the centerline of eastbound service road of Interstate 30 West and Sanguinet Street. Thence south on said centerline of Sanguinet Street to the northwest corner of Lot 1R1, Block 1 of the Lena Pope Home Addition. Thence east along said centerline of the northern property line of Lot 1R1, Block 1, of the Lena Pope Home Addition to the northeast corner. Thence south along said centerline of the eastern property line of Lot 1R1, Block 1, of the Lena Pope Home Addition to the southeast corner. Thence west along said centerline of the southern property line of Lot 1R1, Block 1 to Sanguinet Street. Thence south along said centerline on Sanguinet Street to Bonnell Street. Thence west along said centerline on Bonnell Street to the intersection with the northeastern corner of Lot 1, Block 70 of the Chamberlain-Arlington Heights Subdivision, Second Addition. Thence south along the eastern property lines of Lots 1 and 40, Block 70; Lots 1 and 40, Block 73; Lots 1 and 40, Block 88; Lots 1 and 40, Block 91; Lots 1 and 40, Block 106; Lots 1 and 40, Block 109; Lot 1, Block 124, of the Chamberlain-Arlington Heights Subdivision, Second Addition, as recorded in Volume 63, Page 44; and of Lots 3A and 37R, Block 124R, as recorded in Volume 388-139, Page 96 of the Tarrant County plat records, to Vickery Boulevard. This line also coincides with the r.o.w. of the platted, but unconstructed portion of Penticost Street, part of the Chamberlain- Arlington Heights Subdivision, Second Addition plat, as recorded in Volume 63, Page 44 of the Tarrant County plat records. The entire eastern boundary described above also coincides with the shared eastern boundary of the Lake Como and East Libby Avenue Neighborhood Associations. On the South: Beginning at the intersection of the above described boundaries of the Chamberlain-Arlington Heights Subdivision, Second Addition, also described as the shared eastern boundary of the Lake Como and East Libby Avenue Neighborhood Associations, and Vickery Boulevard. Thence southwest along said centerline Vickery Boulevard to its intersection with Ridglea Lane. Ordinance No.22671-04-2017 Page 5 of 6 On the West: Beginning at the intersection of Vickery Boulevard and Ridglea Lane. Thence north along said centerline of the paved Ridglea Lane to its termination at the northeastern corner of Lots 9R through I IB of the Ridglea Park Addition, as recorded in Volume 388-178, Page 56 of the Tarrant County plat records. Thence continue north along the rear property lines of lots IIR-4-2 through 11R-7, Block 51, all recorded in Volume 388-178, Page 56 of the Tarrant County plat records,to the paved surface of Ridglea Lane. Thence northeast along said centerline Ridglea Lane to its intersection with Bryant Irvin Road. Thence north along said centerline of Bryant Irvin Road to its intersection with Camp Bowie Boulevard. Thence northeast along said centerline of Camp Bowie Boulevard to the PLACE OF BEGINNING. Ordinance No.22671-04-2017 Page 6 of 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/11/2017 - Ordinance No. 22671-04-2017 & Resolution No. 4769-04-2017 DATE: Tuesday, April 11, 2017 REFERENCE NO.: G-18986 LOG NAME: 19NEZRIDGLEACOMOSUNSET SUBJECT: Conduct a Public Hearing, Adopt Resolution Re-Establishing and Revising the Boundary and the Name of the Ridglea Village/Como Area Neighborhood Empowerment Zone to the Como/Sunset Heights Area Neighborhood Empowerment Zone and Adopt Ordinance Re-Establishing and Revising the Boundary and the Name of the Ridglea Village/Como Area as the Como/Sunset Heights Area and Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2 (COUNCIL DISTRICTS 3 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing concerning the re-establishment and boundary revision and name change of the Ridglea Village/Como Area to the Como/Sunset Heights Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2; 2. Adopt the attached resolution re-establishing and revising the boundary and the name of the Ridglea Village/Como Area to the Como/Sunset Heights Area Neighborhood Empowerment Zone; and 3. Adopt the attached ordinance re-establishing and revising the boundary and the name of the Ridglea Village/Como Area to the Como/Sunset Heights Area and as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. DISCUSSION: On March 27, 2012, Mayor and Council Communication (G-17564) the City Council adopted Resolution No. 4079 to designate the Ridglea Village/Como area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 20144 which designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 2. On November 12, 2013, (M&C G-18060) the City Council adopted Resolution No. 4261 and adopted Ordinance No. 21035 to revise the boundary of the Ridglea Village/Como Area NEZ and FWNERZ No.2. Over the past year, Staff has met with the Como and Sunset Heights area neighborhood organizations and citizens to receive input to adopt a revised boundary and NEZ plan for the area. The revised NEZ boundary has been approved by both neighborhoods and Staff was directed to move forward with a revised name and boundary. The NEZ plan for the area will be brought forward for adoption this summer. With the support of the neighborhoods, Staff recommends amending the boundary and name of the Ridglea Village/Como NEZ area and FWNERZ No. 2. The revised boundary will include property from Interstate Highway 30 West to Sanguinet on the north, Sanguinet to Bonnell and along the edge of creek property to Vickery on the east, along Vickery to Ridglea Lane on the south, and Ridglea Lane to Bryant Logname: 19NEZRIDGLEACOMOSUNSET Page 1 of 3 Irvin Rd. back to Interstate Highway 30 West on the west. The revised Como/Sunset Heights NEZ area, therefore, meets all the requirements for NEZ designation: Promotes economic development; . Has a population of no more than 6,000 persons; . The proposed revised Como/Sunset Heights NEZ area is 100 percent within the Central City and 100 percent within the Community Development Block Grant eligible areas; and . Meets criteria for Reinvestment Zone designation 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 area and that would contribute to the economic development of the City. One of the incentives a municipality can provide in a NEZ, according to Chapter 378 of the Texas Local Government Code, is an abatement of municipal property taxes for properties in the NEZ. In order to accomplish this, the revised Como/Sunset Heights area would need to be designated as a Reinvestment Zone. 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. The proposed area meets the criteria for the designation of a Reinvestment Zone because 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 contribute to the economic development of the municipality. Further, future improvements in the zone will be a benefit to the City after any Tax Abatement Agreements have expired. The designation of a Reinvestment Zone expires after five years and may be renewed for periods not to exceed five years. The revised Como/Sunset Heights NEZ area is located in COUNCIL DISTRICTS 3 and 9. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. FUND IDENTIFIERS (FIDs): TO _ Fund Department ►Accoun Project Program ctivity Budget Reference # moun ! ID ID Year (Chartfield 2 FROM nd Department ccoun Project Program ctivity Budget Reference # moun j ID ID Year (Chartfeld 2) Logname: 19NEZRIDGLEACOMOSL NSET Page 2 of 3 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8187) Additional Information Contact: Sarah Odle (7316) Logname: 19NEZRIDGLEACOMOSUNSET Page 3 of 3 � M EXHIBIT A Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2 General Description The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2 for tax abatement purposes contains 1.54 square miles of land and is described below: On the North: Beginning at the intersection of the centerline of Camp Bowie Boulevard and the eastbound service road of Interstate 30 West. Thence east with said centerline on the eastbound service road to Sanguinet Street. On the East: Beginning at the intersection of the centerline of eastbound service road of Interstate 30 West and Sanguinet Street. Thence south on said centerline of Sanguinet Street to the northwest corner of Lot 1R1, Block 1 of the Lena Pope Home Addition. Thence east along said centerline of the northern property line of Lot 1R1, Block 1, of the Lena Pope Home Addition to the northeast corner. Thence south along said centerline of the eastern property line of Lot 1R1, Block 1, of the Lena Pope Home Addition to the southeast corner. Thence west along said centerline of the southern property line of Lot 1R1, Block 1 to Sanguinet Street. Thence south along said centerline on Sanguinet Street to Bonnell Street. Thence west along said centerline on Bonnell Street to the intersection with the northeastern corner of Lot 1, Block 70 of the Chamberlain-Arlington Heights Subdivision, Second Addition. Thence south along the eastern property lines of Lots 1 and 40, Block 70; Lots 1 and 40, Block 73; Lots 1 and 40, Block 88; Lots 1 and 40, Block 91; Lots 1 and 40, Block 106; Lots 1 and 40, Block 109; Lot 1, Block 1243, of the Chamberlain-Arlington Heights Subdivision, Second Addition, as recorded in Volume 63, Page 44; and of Lots 3A and 37R, Block 124R, as recorded in Volume 388-139, Page 96 of the Tarrant County plat records, to Vickery Boulevard. This line also coincides with the r.o.w. of the platted, but unconstructed portion of Penticost Street, part of the Chamberlain- 1 of 2 Arlington Heights Subdivision, Second Addition plat, as recorded in Volume 63, Page 44 of the Tarrant County plat records. The entire eastern boundary described above also coincides with the shared eastern boundary of the Lake Como and East Libby Avenue Neighborhood Associations. On the South: Beginning at the intersection of the above described boundaries of the Chamberlain-Arlington Heights Subdivision, Second Addition, also described as the shared eastern boundary of the Lake Como and East Libby Avenue Neighborhood Associations, and Vickery Boulevard. Thence southwest along said centerline Vickery Boulevard to its intersection with Ridglea Lane. On the West: Beginning at the intersection of Vickery Boulevard and Ridglea Lane. Thence north along said centerline of the paved Ridglea Lane to its termination at the northeastern corner of Lots 9R through 11B of the Ridglea Park Addition, as recorded in Volume 388-178, Page 56 of the Tarrant County plat records. Thence continue north along the rear property lines of lots 11R-4-2 through 11R-7, Block 51, all recorded in Volume 388-178, Page 56 of the Tarrant County plat records, to the paved surface of Ridglea Lane. Thence northeast along said centerline Ridglea Lane to its intersection with Bryant Irvin Road. 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