HomeMy WebLinkAboutOrdinance 22840-08-2017 ORDINANCE NO. 22840-08-2017
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 34, 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 16, 2017, by Resolution
No.4782-05-2017 (M&C G-1010), 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, 2007, the City Council designated the Berryhill/Mason Heights area
as a Neighborhood Empowerment Zone by Resolution Number 3468-03-2007 (M&C G-15653)
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, 2007, the City Council designated the Berryhill/Mason
Heights area as Neighborhood Empowerment Reinvestment Zone No. 34 by Ordinance Number
17460-03-2007 (M&C G-15653); and
WHEREAS, on March 27, 2012, the City Council re-designated the Berryhill/Mason
Heights Area as Neighborhood Empowerment Reinvestment Zone No. 34 by Ordinance Number
20143-03-2012 (M&C G-17563); and
WHEREAS, the Neighborhood Empowerment Reinvestment Zone No. 34 is located
within the Berryhill/Mason Heights Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No. 34 will promote the creation of
affordable housing in the zone and an increase in economic development in the zone; and
WHEREAS, on August 15, 2017, the City Council held a public hearing regarding the
creation of the 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 August 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 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 creation 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;
Ordinance No. 22840-08-2017
Page 2 of Y
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-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 be known as
"Neighborhood Empowerment Reinvestment Zone No. 34, City of Fort Worth, Texas". The area
within the Zone is eligible for residential and commercial-industrial tax abatement pursuant to
Resolution No. 4782-05-2017.
Section 3.
TERM OF ZONE.
That the Zone shall take effect upon the effective date of this Ordinance and expire
August 14, 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
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.
Ordinance No. 22840-08-2017
Page 3 of V
Section 5.
EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: August 15, 2017
APPROVED AS TO FORM AND LEGALITY:
By:
Melinda Ramos ary J.
Sr. Assistant City Attorney City Secretary
M&C: G-19078
Ordinance No. 22840-08-2017
Page 9 of Y
EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 34
Berryhill/Mason Heights
General Description
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No.
34 for tax abatement purposes contains 0.92 square miles of land and is within the area described
below:
A parcel of land out of the Samuel B. Hopkins Survey, Abstract Number 669, the C. T. Hillard
Survey, Abstract Number 715, the J. Hayes Survey, Abstract Number 779, the J. Huie Survey,
Abstract Number 799, the J. Justice Survey, Abstract Number 859, the R. R. Ramey Survey,
Abstract Number 1342, the A. Thompson Survey, Abstract Number 1499, and the E. S. Terrell
Survey, Abstract Number 1527, all situated in Tarrant County Texas, situated some 4.5 miles
South 45 degrees East, from the Courthouse in Fort Worth, the county seat, and being more
particularly described as follows;
BEGINNING at the intersection of the southwesterly right-of-way of Martin Luther King Junior
Freeway, United States Highway Number 287, with the northwesterly right-of-way of Wichita
Street;
THENCE southwesterly with the meanders of said northwesterly right-of-way, some 500 feet, to
its intersection with the southwesterly right-of-way of Vaughn Avenue;
THENCE southeasterly with the meanders of said southwesterly right-of-way, some 1500 feet, to
its intersection with the north right-of-way of Eastland Street;
THENCE west with the meanders of said north right-of-way, some 700 feet, to its intersection
with the west right-of-way of Foard Street;
THENCE south with the meanders of said westerly right-of-way, some 2700 feet, to its
intersection with the north right-of-way of Wilbarger Street;
THENCE west with the meanders of said north right-of-way, some 1300 feet, to its intersection
with the northeasterly right-of-way of Mitchell Boulevard;
THENCE northwesterly with the meanders of said northeasterly right-of-way, some 2000 feet, to
its intersection with the north right-of-way projected east of Glen Garden Avenue, as shown on
the Map of A revision of block 9 Glen Garden, according to plat thereof recorded in Volume
388-Z, Page 44 of the Plat Records of Tarrant County, Texas;
Ordinance No. 22840-08-2017
THENCE west and northwesterly to and along the meanders of said right-of-way, and to and
along the meanders of the southerly and southwesterly line of Lot 1, Block A, Cobb Park Town
Homes, according to plat thereof recorded in Cabinet A, Slide 6754, of the Plat Records of
Tarrant County, Texas, and too and along the meanders of northeasterly edge of the old roadbed
of Cobb Park Drive, some 3000 feet, to its intersection with the south right-of-way of South
Berry Street;
THENCE northwesterly crossing South Berry Street, some 200 feet, to its north right-of-way
some 400 feet east of the intersection of said north right-of-way, with the southeasterly right-of-
way of East Berry Street;
THENCE west with said north right-of-way, some 400 feet,to said intersection;
THENCE northeasterly with the meanders of said southeasterly right-of-way, some 400 feet, to
its intersection with the projection of northeasterly edge of asphalt of Cobb Park Drive;
THENCE to and along the meanders of the west and north edge of said asphalt, and to and along
easterly edge of the concrete hike and bike path built in the old roadbed of Cobb Park Drive,
some 5500 feet, to its intersection with said southwesterly right-of-way of Martin Luther King
Junior Freeway;
THENCE southeasterly with the meanders of said southwesterly right-of-way, some 6000 feet,to
the PLACE OF BEGINNING, and containing some 601 acres of land, more or less.
For additional information, contact Sarah Odle by telephone at 817-392-7316 or in writing at the
Neighborhood Services Department, City of Fort Worth, 200 Texas Street, Fort Worth, Texas
76102.
This description prepared in electronic format, by Hans Kevin Hansen, Registered Professional
Land Surveyor,Number 4786, in October 2006.
"This document was prepared under 22 TAC § 663.2 1, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights or interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared."
Ordinance No. 22840-08-2017
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COPYRIGHT 3110 CITY OF FORT WORTH UNAUTHCRIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS.
THIS DATA IS TO BE USED FOR AGRAPHICAL REPRESENTATION ONLY.THE ACCURACY ISNOT TO BE TAKEN I
Neighborhood Empowerment Zone USED AS DATA PRODUCED FOR ENGINEERINGPURPOSES OR BY A REGISTERED PROFESSIONAL LAND
.7 SURVEYOR.THE CITY OF FORT WORTH ASSUMES NO RESPON SBILITY FOR THE ACCURACY OF SAID DATA
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/15/2017 - Ordinance No. 22840-08-2017 & Resolution
No. 4832-08-2017
DATE: Tuesday, August 15, 2017 REFERENCE NO.: G-19078
LOG NAME: 19BERRYHILLMASONHEIGHTSNEZ
SUBJECT:
Conduct Public Hearing, Adopt Resolution Re-Designating the Berryhill/Mason Heights Area as a
Neighborhood Empowerment Zone and Adopt Ordinance Re-Designating Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 34 (COUNCIL DISTRICTS 5 and 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing regarding the re-designation of the Berryhill/Mason Heights area as Fort
Worth Neighborhood Empowerment Reinvestment Zone No. 34, pursuant to the Texas Property
Redevelopment and Tax Abatement Act, Tax Code Chapter 312;
2. Adopt the attached resolution to re-designate the Berryhill/Mason Heights area as a Neighborhood
Empowerment Zone; and
3. Adopt the attached ordinance re-designating the Berryhill/Mason Heights area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 34, pursuant to the Texas Property Redevelopment
and Tax Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On April 25, 2000, Mayor and Council Communication (M&C G-12897) the City Council approved the
Policy Statement on the creation of Local Neighborhood Empowerment Zone (NEZ) and amended it on
December 7, 2010 (M&C G-17133) and May 16, 2017 (M&C G-19010), in accordance with Chapter 378 of
the Texas Local Government Code. The City Council also authorized the City Manager to identify
neighborhood areas that may be eligible for NEZ designation and to develop administrative procedures for
the NEZ Program.
The NEZ Administrative Procedures were adopted by the City Council on October 3, 2000 (M&C G-
13030) and amended on May 15, 2007, December 7, 2010 and May 16, 2017 to initiate improved program
requirements. The procedures included two methods by which a NEZ may be designated:
1. City Council designation; or
2. A neighborhood sponsor application process.
On May 16, 2017, (Resolution No. 4782-05-2017, M&C G-19010) the City Council elected to be eligible to
participate in tax abatements and has established guidelines and criteria governing Tax Abatement
Agreements entered into by the City and various third parties, as authorized by and in accordance with
Chapter 312 of the Texas Tax Code.
Logname: 19BERRYHILLMASONHEIGHTSNEZ Page 1 of 3
On March 27, 2007, (M&C G-15653) the City Council adopted Resolution No. 3468 to designate the
Berryhill/Mason Heights area as a NEZ and adopted Ordinance No. 17460 which designated the area as
Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 34. The Berryhill/Mason
Heights NEZ and FWNERZ No. 34 expired on March 27, 2017.
The Berryhill/Mason Heights area will be re-designated as a NEZ by the City Council upon the adoption of
the Resolution attached to this M&C. The area within the Berryhill/Mason Heights NEZ is also being re-
designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 34 (FWNERZ), pursuant
to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312 so that tax
abatements may be granted within the designated area.
The main boundaries of the re-designated Berryhill/Mason Heights NEZ and the FWNERZ are:
• Cobb Park from (US Highway 287) Martin Luther King Jr. Freeway service road to Mitchell
Boulevard on the north;
• Mitchell Boulevard to Wilbarger to Foard Street on the west;
• Foard to Eastland to Vaughan to (US Highway 287) Martin Luther King Jr. Freeway service road
on the south; and
• (US Highway 287) Martin Luther King Jr. Freeway service road to Cobb Park on the east.
The re-designated Berryhill/Mason Heights NEZ and the FWNERZ have a population of 2,794 persons, is
0.92 miles in size and meets the following designation requirements under the City's NEZ policy:
• Promotes the creation of quality affordable housing in the zone;
• Is 100 percent within the Central City and 100 percent of the proposed NEZ area is Community
Development Block Grant (CDBG) eligible;
• Is considered distressed based on census data on population, socio-demographics and other
factors; and
• Meets the 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 property and that would
contribute to the economic development of the City.
Staff recommends re-designating the Berryhill/Mason Heights NEZ and renewing the Reinvestment Zone
designation to promote further development in the Berryhill/Mason Heights area. The public hearing
notice was published in the Fort Worth Star-Telegram on August 2, 2017.
The Berryhill/Mason Heights NEZ and the FWNERZ are located in COUNCIL DISTRICTS 5 and 8.
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 the Fiscal Year 2017
budget.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
Logname: 19BERRYHILLMASONHEIGHTSNEZ Page 2 of 3
FROM
Fund Department ccoun Project Program ctivity Budget I Reference # mount
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: 19BERRYHILLNIASONHEIGHTSNEZ Page 3 of 3