HomeMy WebLinkAboutOrdinance 19641-04-2011ORDINANCE NO. 19641-04-2011
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "NEIGHBORHOOD
EMPOWERMENT REINVESTMENT ZONE NO. 38, 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 19, 2009, by Resolution
No. 3742-OS-2009 (M&C G-16572), 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 April 5, 2011, the City Council designated the Six Points Area as a
Neighborhood Empowerment Zone by Resolution 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 Neighborhood Empowerment Reinvestment Zone No. 38 is located
within the Six Points Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No. 38 will promote the creation
of affordable housing in the zone and an increase in economic development in the zone; and
WHEREAS, on April 5, 2011, 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 March 25, 2011, 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, TEXA5:
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:
l.l. 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;
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.
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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.
DESIGNATION OF ZONE.
That the City Council hereby 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. 38, City of Fort Worth,
Texas". The area within the Zone is eligible for residential and commercial-industrial tax
abatement pursuant to Resolution No. 3742-OS-2009.
Section 3.
TERM OF ZONE.
That the Zone shall take effect upon the effective date of this Ordinance 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.
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Section 5.
EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: Apri15, 2011
APPROVED AS TO FORM AND LEGALITY:
!1 ~~,
Charlene Sanders
Assistant City Attorney
M&C:G-17140
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EXHIBIT A
SIX POINTS NEIGHBORHOOD EMPOWERMENT ZONE
& SIX POINTS NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 38
GENERAL DESCRIPTION
A parcel of land to be known as the "Six Points" NEZ, and being more particularly described
by bounds as follows;
BEGINNING at the intersection of the centerline of Dalford Street and the centerline of
Oakhurst Scenic Drive;
THENCE north easterly with said centerline, to its intersection with the centerline of
Westbrook Avenue;
THENCE north and easterly with said centerline, to its intersection with the centerline of
Chandler Drive;
THENCE north with said centerline, to its intersection with the centerline of Clary Avenue;
THENCE easterly with said centerline, to its intersection with the centerline of Seaman
Street;
THENCE southerly with said centerline, to its intersection with the centerline of Belknap
Street;
THENCE southwesterly with said centerline, to its intersection with said centerline of Eagle
Drive;
THENCE southerly with said centerline, to its intersection with the centerline of Maurice
Avenue;
THENCE easterly with said centerline, to its intersection with the northerly projection of the
most north west line of Block 1, Riverside Wal-mart Addition, according to the plat thereof
recorded at County Clerks Instrument number D 204033269;
THENCE southerly with said projection, to and along said west line, to and along the most
west north line, and to and along its most west line, and its projection southerly to its
intersection with the centerline of Race Street;
THENCE easterly with said centerline, to its intersection with the northwesterly right-of--way
of State Highway 121;
THENCE southwesterly and westerly with said right-of--way, to its intersection with the
centerline of Belknap Street;
THENCE north easterly with said centerline to its intersection with the centerline of Oakhurst
Scenic Drive;
THENCE north westerly to the PLACE OF BEGINNING, and containing some 0.81 square
miles of land, more or less.
"This document 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 4/5/2011 -Res. No. 3981-042011 ~ Ord. No. 19641-04-
2011
DATE: Tuesday, April 05, 2011 REFERENCE NO.: G-17140(Revised)
LOG NAME: 17NEZSIXPOINTS -REVISED
SUBJECT:
Conduct Public Hearing, Adopt a Resolution Designating the Six Points Area as a Neighborhood
Empowerment Zone and Adopt an Ordinance Designating the Six Points Area as Neighborhood
Empowerment Reinvestment Zone No. 38 (COUNCIL DISTRICTS 2 and 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution designating the Six Points area as a Neighborhood Empowerment Zone;
2. Conduct a public hearing concerning the designation of the Six Points area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 38; and
3. Adopt the attached ordinance designating the Six Points area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 38 pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
The City Council approved the Policy Statement on the Creation of Local Neighborhood
Empowerment Zone's (NEZ) on April 25, 2000 (M&C G-12897) and amended them on October
4, 2005 (G-14947) 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 and
amended on May 15, 2007 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.
The boundaries of the proposed Six Points NEZ are:
• Westbrook Avenue and Clary Avenue on the north;
• Oakhurst Scenic Drive on the west;
Logname: 17NEZSIXPOINTS -REVISED Page 1 of 2
• State Highway 121 on the south; and
• Eagle Drive, Seaman Street and the Riverside Wal-mart Addition on the east.
The proposed Six Points NEZ has a population of 5,080 persons, is 0.81 square 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;
• Will bring about economic development 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;
• Contains the Six Points Urban Village;
• Is considered distressed based on census data on population, socio-demographics and
other factors; 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
property and that would contribute to the economic development of the City.
On June 8, 2010, the above recommendations were endorsed by the Housing and Economic
Development Committee.
The Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 38 and the
Six Points NEZ are located in COUNCIL DISTRICTS 2 and 4.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Susan Alanis (8180)
Jay Chapa (5804)
Sarah Odle (7316)
Logname: 17NEZSIXPOINTS -REVISED Page 2 of 2