HomeMy WebLinkAboutOrdinance 23049-12-2017ORDINANCE NO. 23049-12-2017
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 4, 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 Evans
and Rosedale area as a Neighborhood Empowerment Zone by Resolution
Number 4143-11-2012 (M&C G-17727) 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 Evans
and Rosedale Area as Neighborhood Empowerment Reinvestment Zone No. 4
by Ordinance Number 20487 (M&C G-17727); and
Ordinance No. 23049-12-2017
Page 1 of 6
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 Evans and
Rosedale 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. 4 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. 23049-12-2017
Page 2 of 6
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 Chapter 312 of the Code.
SECTION 2.
RENEWAL AND RE-DESIGNATION OF ZONE.
That the City Council hereby renews and re-designates the Zone 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. 4, 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. 23049-12-2017
Page 3 of 6
SECTION 3.
TERM OF ZONE.
That the Zone shall take effect upon the effective date of this Ordinance
and expire 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
subsequently declared invalid, inoperative or void for any reason by a court of
competentjurisdiction, 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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Melinda Ramos Mary J. Ka� r
Sr. Assistant City Attorney City Secretary
M&C: G-19197
ADOPTED AND EFFECTIVE: December 12, 2017
Ordinance No. 23049-12-2017
Page 4 of 6
EXHIBIT A
EVANS AND ROSEDALE NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZoNE No. 4
General Description:
The property described below to be designated as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 4 for tax abatement purposes contains
1.77 square miles of land and is described as follows:
On the North: Beginning at the exit ramp of Interstate Highway 35 W
southbound and Interstate Highway 30 eastbound. Thence east on Interstate
Highway 30 to U.S. Highway 287 southbound.
On the East: Beginning at the merging point of Interstate Highway 30 exit to
U.S. Highway 287 southbound. Thence South on U.S. Highway 287 to Cromwell
Street.Thence south/southwest on Cromwell Street to Riverside Drive. Thence
south on Riverside Drive to East Richmond Avenue. Thence west on East
Richmond Avenue to Delaware Street. Thence south on Delaware Street to the
eastern property line of L.ot 4, Block 16, of the Highland Park Addition-Fort Worth,
as recorded in Volume 310, Page 60 of the Tarrant County plat records. Thence
continue south along the western property line of Lot 4, Block 16, of the Highland
Park Addition-Fort Worth, as recorded in Volume 310, Page 60 of the Tarrant
County deed records, to the southern property line of Lot 4, Block 16, of the
Highland Park Addition-Fort Worth, as recorded in Volume 310, Page 60 of the
Tarrant County deed records. Thence east along the southern property line of
Lot 4, Block 16, of the Highland Park Addition-Fort Worth as recorded in Volume
310, Page 60 of the Tarrant County deed records, to the alley. Thence continue
south across the alley to the eastern boundary of Lot 5, Block 16, of the Highland
Park Addition-Fort Worth as recorded in Volume 310, Page 60 of the Tarrant
County deed records, to Delaware Street continuation. Thence southwest along
Delaware Street to East Jessamine Street.
On the South: Beginning at the intersection of Delaware Street and East
Jessamine Street. Thence west on East Jessamine Street to the northbound
service road of South Freeway/Interstate Highway 35W.
Ordinance No. 23049-12-2017
Page 5 of 6
On the West: Beginning at the intersection of East Jessamine Street and the
northbound service road of South Freeway/Interstate Highway 35 W. Thence
north along the northbound service road of South Freeway/Interstate Highway
35W to Magnolia Avenue. Thence west along Magnolia Avenue across South
Freeway/Interstate Highway 35 West to the eastern property line of Lot 1, Block
1, of Guinn School Addition as recorded in the Volume A, Page 6788 of Tarrant
County plat records. Thence north along the eastern property line of Lot 1, Block
1, of Guinn School Addition, as recorded in Volume A, Page 6788 of the Tarrant
County plat records to East Rosedale Street. Thence east on East Rosedale
Street to the northbound service road of South Freeway/Interstate Highway 35W.
Thence north on the northbound service road of South Freeway/Interstate
Highway 35W to the exit ramp of Interstate Highway 35 W southbound and
Interstate Highway 30 eastbound.
"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."
Ordinance No. 23049-12-2017
Page 6 of 6
Evans and Rosedale Neighborhood Empowerment Zone
Legend
QNeighborhood
�Urban Village
� ��='�' Park
.,. ,�
Empowerment Zone
P�epared On: December 15, 2010
COPYRIGHT 2010 CIN OF FORT WOf2TH UNAUTHORIZm REPF20DUCTION IS A VIOLATION OF PPPLICABLE LAWS.
THIS DATA IS TO BE U�D FOR A GRAPHICAL REPRESQJTATION ONLY. THE ACCURACY IS NOTTO BE TAKEN /
USED PS DATAPRODUCED FOF2 ENGINEERING R1RP0.SES OR 6Y A REGISTERm PROFESSIONAL LAND
SURVEYOF2. iHE CIN OF FORT WOF2TH ASSUMES NO RESPON SIBILITY FOR THE ACCURACY OF S41D DATA
Miles
0.125 0.25 0.5
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCI� ACTION; :Approved on '12/12/2017 -;Ordinance'No. 23049-12-2Q17
DATE: Tuesday, December 12, 2017 REFERENCE NO.: G-19197
LOG NAME: 19NEZEVANSROSEDALE
SUBJECT:
Conduct Pubiic Hearing and Adopt Ordinance Re-Designating the Evans and Rosedale Area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 4(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing to redesignate the Evans and Rosedale area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 4, pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code Chapter 312; and
2. Adopt the attached ordinance re-designating the Evans and Rosedale area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 4, 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 Evans and Rosedale
Neighborhood Empowerment Zone (NEZ) as Fort Worth Neighborhood Empowerment Reinvestment
Zone No. 4 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 Evans and Rosedale Area was originally designated as a NEZ (Resolution No. 2889) and as
Neighborhood Empowerment Reinvestment Zone No. 4(Ordinance No. 15377) on November 19, 2002
(M&C G-13806), both of which were subsequently renewed on November 6, 2012 (M&C G-17727)
through Resolution No. 4143 and Ordinance No. 20487.
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.
Staff recommends the re-designation of the Evans and Rosedale Reinvestment Zone No. 4.
The Evans and Rosedale NEZ and Fort Worth Neighborhood Empowerment Reinvestment Zone No. 4
are located in COUNCIL DISTRICT 8.
Logname: 19NEZEVANSROSEDALE Page 1 of 2
This M&C does not request approvai 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 Evans & Rosedale
Neighborhood Empowerment Reinvestment Zone.
FUND IDENTIFIERS (FIDs►:
Fund Department ccoun Project
ID ID
und Department ccoun Project
ID ID
CERTIFICATIONS:
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
rog ra
�
� ctivity Budget Reference # moun
Year (Chartfield 2)
ctivity Budget Reference # moun
Year (Chartfield 2)
Fernando Costa (6122)
Aubrey Thagard (8187)
Sarah Odle (7316)
Logname: 19NEZEVANSROSEDALE Page 2 of 2