HomeMy WebLinkAboutOrdinance 23050-12-2017ORDINANCE NO. 23050-12-2017
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 6, 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-19010), 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 the Code; and
WHEREAS, on November 6, 2012, the City Council designated the
Polytechnic/Wesleyan area as a Neighborhood Empowerment Zone by
Resolution Number 4144-11-2012 (M&C G-17728) 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 November 6, 2012, the City Council designated the
Polytechnic/Wesleyan Area as Neighborhood Empowerment Reinvestment Zone
NO. 6 by Ordinance Number 20488 (M&C G-17728); and
Ordinance No. 23050-12-2017
Page 1 of 4
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 expired on November 5, 2017 and the City Council
wishes to renew the Zone through the remainder of the term of the
Polytechnic/Wesleyan Neighborhood Empowerment Zone, which expires on
November 5, 2022; and
WHEREAS, on December 12, 2017, 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 December 1, 2017; 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. 6 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:
Ordinance No. 23050-12-2017
Page 2 of 4
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 the Code;
1.2. 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; and
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 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 the Code. The Zone shall continue to be known as
"Neighborhood Empowerment Reinvestment Zone No. 6, 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.
Ordinance No. 23050-12-2017
Page 3 of 4
SECTION 3.
TERM OF ZONE.
That the Zone shall take effect upon the effective date of this Ordinance
and expire on November 5, 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
subsequentiy 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.
APPROVED AS TO FORM AND LEGALITY:
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By: �� � �ik�.l,��.c�1- �'"�1'1;;� � �
Melinda Ramos Mary J. Ka �
Sr. Assistant City Attorney City Secretary
M&C: G-19198
ADOPTED AND EFFECTIVE: December 12, 2017
Ordinance No. 23050-12-2017
Page 4 of 4
EXHIBIT A
POLYTECHNIC/WESLEYAN NEIGHBORHOOD EMPOWERMENT ZONE
& PO�YTECHNIC/WESLEYAN NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 6
GENERAL DESCRIPTION
The area to be designated as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 6 for tax abatement purposes contains 1.49 square miles
of land and is within the area described below:
On the North: Beginning at the intersection of the northwest corner of �ot 3,
Greves Addition, as recorded in Volume 204A, Page 130 of the Tarrant County
plat records, and Vickery Street. Thence east along Vickery Street to the
southwest corner of Lot 2, Armendaris Place Addition, as recorded in Volume
881, Page 327 of the Tarrant County deed records. Thence north along the
western property line of Lots 2, 3, 4, and 5 Armendaris Place, to the northwest
corner of Lot 5, Lot 5 being recorded in Volume 388J, Page 423 of the Tarrant
County plat records. Thence east along the north property line of Lot 5 to Binkley
Street. Thence south on Binkley Street to Midland Street. Thence east along
Midland Street to its terminus at the west property line of Tract 8, John Ringer
Survey (Abstract 1287), as recorded in Volume 1366, Page 377 of the Tarrant
County deed records. Thence north along the western property line of Tract 8,
John Ringer Survey (Abstract 1287), to its intersection with the Union Pacific
Railroad right-of-way. Thence southeast along said railroad r.o.w. to the
northeast corner of the Tract 2A, J.L. Purvis Survey (Abstract 1228) as recorded
in Volume 8794, Page 1410 of the Tarrant County deed records. Thence south
along the eastern property line of Tract 2A, J.L. Purvis Survey (Abstract 1228) to
its intersection with the northwest corner of Tract 3, J.L. Purvis Survey (Abstract
1228), as recorded in Volume 13879, Page 21 of the Tarrant County deed
records, as part of the property described as Lots 2, 2A2, 2C, 3 and 4, J.�. Purvis
Survey (Abstract 1228). Thence east along the length of northern property line of
said Tract 3 to its eastern property line.
On the East: Beginning at the northeast corner of Tract 3, J.L. Purvis Survey
(Abstract 1228), as recorded in Volume 13879, Page 21 of the Tarrant County
deed records, as part of the property described as Lots 2, 2A2, 2C, 3 and 4, J.�.
Purvis Survey (Abstract 1228). Thence south along the length of the eastern
property line of said Tract 3 to its intersection with the northern property line of
Tract 4, J.L. Purvis Survey (Abstract 1228), also recorded in Volume 13879, Page
21 of the Tarrant County deed records, as part of the property described as
�ots 2, 2A2, 2C, 3 and 4, J.L. Purvis Survey (Abstract 1228). Thence south along
the eastern property line of Tract 4, J.L. Purvis Survey (Abstract 1228), to East
Rosedale Street. Then west along East Rosedale Street to its intersection with
Miller Street. Thence south along Miller Street to its intersection with Avenue J.
Thence east along Avenue J to its intersection with Coleman Street. Thence
south along Coleman Street to its intersection with Avenue N. Thence west along
Avenue N to its intersection with Miller Street. Thence south along Miller Street
to Ramey Avenue.
On the South: Beginning at the intersection of Miller Street and Ramey Avenue.
Thence west along Ramey Avenue to Wallace Street. Thence south along
Wallace Street to Crenshaw Street. Thence west along Crenshaw Street to
Campbell Street. Thence north along Campbell Street to the southeast corner of
Lot 1, Block 9, Raef Subdivision, as recorded in Volume 310, Page 52 of the
Tarrant County plat records. Thence west along the south property lines of Lots
1 through 11, Block 9, Raef Subdivision to �ittle Street. Thence continuing west
across Little Street to the southwest corner of Lot 1, Block I, L. T. Millett
Subdivision, as recorded in Volume 204, Pages 44-45 of the Tarrant County plat
records. Thence west along the south property lines of Lots 1 through 9, Block I,
Millett Subdivision to Bishop Street. Thence continuing west across Bishop
Street to the southeast corner of Lot 1, Block J, Millett Subdivision, then
continuing west along the south property lines of Lots 1 through 8, Block J,
Millett Subdivision, to Collard Street. Thence continuing west across Collard
Street to the southeast corner of Lot 1, Block K, Millett Subdivision. Thence
continuing west along the south property lines of Lots 1 through 10, Block K,
Millett Subdivision to Vaughn Blvd. Then continuing west across Vaughn Blvd to
the southeast corner of Lot 2, Block L, Millett Subdivision. Thence west along
the south property lines of Lots 2, 3 and 4, Block L, Millett Subdivision, to the
intersection with Lot 5, Block 16, Edna Burchill Second Filing as recorded in
Volume 1867, Page 524 of the Tarrant County deed records. Thence north along
the eastern property line of Lot 5, Block 16 Edna Burchill Second Filing to its north
property line. Thence west along the length of the north property lines of Lots 5,
4, 3, 2, and 1, Block 16, Edna Burchill Second Filing. Thence south along the
western property line of Lot 1, Block 16, Edna Burchill Second Filing to Hanger
Street. Thence northwest along Hanger Street to the southeast corner of Lot 6,
Block I, Polytechnic Heights South Addition, as recorded in Volume 204, Page
44 of the Tarrant County plat records. Thence north along the eastern property
line of Lot 6, Block I Polytechnic Heights South Addition to the platted but
unconstructed portion of Ada Street. Thence north across the platted but
unconstructed portion of Ada Street to the southeast corner of Lot 1, Block 8B,
Avalon Heights Addition, as recorded in Volume 388-0, Page 387 of the Tarrant
County plat records. Thence north along the eastern property line of �ots 1
through 6, Block 8B, Avalon Heights Addition to the southeast corner of Lot 1,
Block 118, Polytechnic Heights Subdivision as recorded in Volume 63, Page 109
of the Tarrant County plat records. Thence west along the south property lines
of Lots 1 through 9, Block 118, Polytechnic Heights Subdivision. Thence north
along the western property line of Lot 9, Block 118, Polytechnic Heights
Subdivision to its intersection with Lot B, Block 118, Polytechnic Heights
Subdivision as recorded in Volume 388-16, Page 453 of the Tarrant County plat
records. Thence west along the southern property line of Lot B, Block 118
Polytechnic Heights Subdivision to McKenzie Street. Thence north on McKenzie
Street to Avenue L. Thence west on Avenue L to Conner Avenue. Thence north
on Conner Avenue to the southeast corner of Tract 1 C5, John Ringer Survey
(Abstract 1286), as recorded in Volume 15030, Page 56 of the Tarrant County
deed records. Thence west along the southern property line of said Tract 1 C5 to
Beach Street.
On the West: Beginning at the intersection of the southeast corner of Tract 1 C5,
J. Ranger Survey (Abstract 1286), as recorded in Volume 15030, Page 56 of the
Tarrant County deed records, and Beach Street. Thence north on Beach Street
to East Rosedale Street. Thence east on East Rosedale Street to Conner
Avenue. Thence north on Conner Avenue to the southeast corner of Lot 12,
Greves Subdivision, as recorded in Volume 204A, Page 130 of the Tarrant
County plat records. Thence west along the southern property line of said Lot 12
to its southwest corner. Thence north along the western property lines of Lots 12
through 3, Greves Subdivision to the intersection with Vickery Boulevard, also
being the point of beginning.
"This document was prepared under 22 TAC § 663.21, 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."
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/12/2017 - Ordinance. No. 23050-�12-2017
DATE: Tuesday, December 12, 2017
LOG NAME: 19NEZPOLYWESLEYAN
SUBJECT:
REFERENCE NO.: G-19198
Conduct Public Hearing and Adopt Ordinance Re-Designating the Polytechnic/Wesleyan Area as Fort
Worth Neighborhood Empowerment Reinvestment Zone No. 6(COUNCIL DISTRICTS 5 and 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to re-designate the Polytechnic/Wesieyan area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 6, pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code Chapter 312; and
2. Adopt the attached ordinance re-designating the Polytechnic/UVesleyan area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 6, pursuant to the Texas Property Redevelopment
and Tax Abatement Act, Tax Code Chapter 312.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to re-designate the
Polytechnic/Wesleyan Neighborhood Empowerment Zone (NEZ) as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 6 so that the City can continue to provide tax abatements for
properties within the NEZ. The City is currently eligible to participate in NEZ tax abatements and has
established guidelines and criteria to govern tax abatement agreements (Resolution No. 4782-05-2017,
M&C G-19010).
The Polytechnic/Wesleyan Area was originally designated as a NEZ (Resolution No. 2894) and as
Neighborhood Empowerment Reinvestment Zone No. 6(Ordinance No. 15344) on November 26, 2002
(M&C G-13815), both of which were subsequently renewed on November 6, 2012 (M&C G-17728)
through Resolution No. 4144 and Ordinance No. 20488.
The NEZ is in place for a period of 10 years; however, under state law, reinvestment zones have
maximum terms of five years. As a result, the designation of the original NEZ reinvestment zone expired
on November 5, 2017 and needs to be re-designated through the remainder of the 10-year term of the
NEZ to remain eligible to participate in the NEZ tax abatement program.
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 a
newspaper of general circulation in the City at least seven days prior to this public hearing.
The Polytechnic/Wesleyan NEZ and Fort Worth Neighborhood Empowerment Reinvestment Zone No. 6
are located in COUNCIL DISTRICTS 5 and 8.
Logname: 19NEZPOLYWESLEYAN Page 1 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 2018 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 2019-2023 to
capture the anticipated impact of tax abatements resulting from the designation of the
Polytechnic/Wesleyan Neighborhood Empowerment Reinvestment Zone.
FUND IDENTIFIERS (FIDs�:
undl Department
ID
undl Department
ID
CERTIFICATIONS:
coun Project Program
ID
coun Project Program
ID
Submitted for City Manager's Office b rL�.
Originatinq Department Head:
Additional Information Contact:
Logname: 19NEZPOLYWESLEYAN
ctivity Budget Reference # moun
Year (Chartfield 2)
,Activity Budget Reference # moun
� Year (Chartfield 2)
Fernando Costa (6122)
Aubrey Thagard (8187)
Sarah Odle (7316)
Page 2 of 2