HomeMy WebLinkAboutOrdinance 23345-08-2018 ORDINANCE NO. 23345-08-2018
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 16, 2017 of Resolution No.
4782-05-2017 (M&C G- 19010), 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 August 19, 2003, the City Council designated the Riverside area as a
Neighborhood Empowerment Zone by Resolution No. 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, the City Council renewed the designation of the Riverside Area as a
Neighborhood Empowerment Zone in 2013 by Resolution No. 4233-08-2013 for a period of ten
years; and
WHEREAS, on August 20, 2013, the City Council re-designated the Riverside area as
Neighborhood Empowerment Reinvestment Zone No. 11 by Ordinance Number 20882 (M&C G-
17985); 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 expired on August 19, 2018, and the City Council wishes to renew
the Zone for a period of five years; and
WHEREAS, on August 21, 2018, 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 August 9, 2018; 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. 11 will 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 the statutory maximum term of any
tax abatement agreement entered into under Chapter 312 of the Code.
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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 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. 4233.
SECTION 3.
TERM OF ZONE.
That the Zone shall be renewed upon August 21, 2018, 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 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.
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AND IT IS SO ORDAINED.
LirrR OVED AS T O FunlYt AND LEGALITY: ATTEST:
( ( fl
^_� r
Melinda Ramos rV J.
Senior Assistant City Attorney City Secretary
Adopted and Effective: August 21, 2018
M&C: G-19348
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Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 11
Riverside
General Description
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, 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
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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, Block 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 1R, 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 1R, Block 65, Riverside Addition,
thence west along the southern property line of Lot IR, 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 12th 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 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 IOR, 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 l OR 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,
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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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Riverside Neighborhood Empowerment Zone
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Legend Repared On:December 16,2010
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/21/2018 -Ordinance No. 23345-08-2018
DATE: Tuesday, August 21, 2018 REFERENCE NO.: G-19348
LOG NAME: 19RIVERSIDENERZRENEW
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Concerning Renewal of the Riverside Neighborhood
Empowerment Reinvestment Zone No. 11 (COUNCIL DISTRICTS 4 and 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct 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 20, 2013, (M&C G-17985) the City Council adopted Resolution No. 4233-08-2013 to designate
the Riverside area as a Neighborhood Empowerment Zone (NEZ) for a period of 10 years and adopted
Ordinance No. 20882-08-2013 which designated Fort Worth Neighborhood Empowerment Reinvestment
Zone (FWNERZ) No. 11 for a period of five years.
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 expired on August 20, 2018, 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. The City is currently reviewing the Neighborhood Empowerment Zone Program, but any
changes to the program will be adopted in September or later. Not renewing FWNERZ No. 11 will make
applicants ineligible for tax abatements within the Riverside NEZ area.
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 DISTRICTS 4 and 8.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/ CERTIFICATION:
i ne uirecior or rinance cerimes inai anis action win nave no maienai erreci on Uity Tunas. 1T ine
Logname: 19RIVERSIDENERZRENEW Page 1 of 2
Neighborhood Empowerment Zone is approved, any tax abatements will be individually reviewed and
analyzed for their financial impact to the City. Such information will be presented to the Mayor and City
Council at the time the abatement is considered for approval.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
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: 19RIVERSIDENERZRENEW Page 2 of 2