HomeMy WebLinkAboutOrdinance 23551-01-2019ORDINANCE NO. 23551-01-2019
AN ORDINANCE REPEALING AND TERMINATING ALL
DESIGNATED NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONES IN THE CITY OF FORT WORTH; AND
PROVIDING AN EFFECTIVE DATE.
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, on April 17, 2001, Resolution No. 2721, the City Council elected to
participate in tax abatements in the Stop Six Neighborhood Empowerment Reinvestment Zone and
on April 22, 2003, Resolution No. 2938, the City Council elected to be eligible to participate in
tax abatement authorized by Chapter 312 of the Texas Tax Code in all designated Neighborhood
Reinvestment Zones and established a Neighborhood Empowerment Zone Tax Abatement Policy
governing tax abatement agreements for properties located in Neighborhood Empowerment
Zones; and
WHEREAS, on April 17, 2001, the City Council designated the Stop Six Area as a
Neighborhood Empowerment Zone by Resolution No. 2721 (re -designated April 15, 2014 by
Resolution No. 4315-04-2014) and as Neighborhood Empowerment Reinvestment Zone No. 1 by
Ordinance Number 14767 (re -designated April 15, 2014 by Ordinance No. 21206-04-2014) 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 19, 2002, the City Council designated the Evans & Rosedale
Area as a Neighborhood Empowerment Zone by Resolution No. 2889 (re -designated November
6, 2012 by Resolution No. 4143) and as Neighborhood Empowerment Reinvestment Zone No. 4
by Ordinance No. 15377 (re -designated December 12, 2017 by Ordinance No. 23049-12-2017) 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 26, 2002, the City Council designated the Magnolia Village
Area as a Neighborhood Empowerment Zone by Resolution No. 2893 (re -designated December 7,
2010 by Resolution No. 3947-12-2010) and as Neighborhood Empowerment Reinvestment Zone
No. 5R by Ordinance No. 15343 (re -designated January 26, 2016 by Ordinance No. 22066-01-
2016) 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 January 6, 2004, the City Council designated the Berry/University Area
as a Neighborhood Empowerment Zone by Resolution No. 3030 (re -designated April 15, 2014 by
Resolution No.4313-04-2014) and as Neighborhood Empowerment Reinvestment Zone No. 13 by
Ordinance No. 15815 (re -designated April 15, 2014 by Ordinance No. 21204-04-2014) 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 26, 2002, the City Council designated the
Polytechnic/Wesleyan Area as a Neighborhood Empowerment Zone by Resolution No. 2894 (re-
designated November 6, 2012 by Resolution No. 4144) and as Neighborhood Empowerment
Reinvestment Zone No. 6 by Ordinance No. 15344 (re -designated December 12, 2017 by
Ordinance No. 23050-12-2017) 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 26, 2002, the City Council designated the Hemphill/Berry
Area as a Neighborhood Empowerment Zone by Resolution No. 2892 (re -designated December 7,
2010 by Resolution No. 3946-12-2010) and as Neighborhood Empowerment Reinvestment Zone
No. 7R by Ordinance No. 19462-12-2010 (re -designated January 26, 2016 by Ordinance No.
22067-01-2016)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
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Ordinance 23551-01-2019
Ordinance Terminating all designated NERZ
City of Fort Worth, Texas
WHEREAS, on January 21, 2003, the City Council designated the Rolling Hills Area as
a Neighborhood Empowerment Zone by Resolution No. 2908 (re -designated December 7, 2010
by Resolution No. 3949-12-2010) and as Neighborhood Empowerment Reinvestment Zone No.
8R by Ordinance No. (re -designated March 1, 2016 by Ordinance No. 22113-03-2016) 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 May 27, 2003, the City Council designated the Historic Handley Area as
a Neighborhood Empowerment Zone by Resolution No. 2950 (re -designated December 7, 2010
by Resolution No. 3945-12-2010) and as Neighborhood Empowerment Reinvestment Zone No.
9R by Ordinance No. 19461-12-2010 (re -designated January 26, 2016 by Ordinance No. 22069-
01-2016) 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 May 27, 2003, the City Council designated the Woodhaven Area as a
Neighborhood Empowerment Zone by Resolution No. 2951 (re -designated May 21, 2013 by
Resolution No. 4210-05-2013) and as Neighborhood Empowerment Reinvestment Zone No. 10
by Ordinance No. 20760-05-2013 (re -designated May 15, 2018 by Ordinance No. 23223-05-2018)
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 August 19, 2003, the City Council designated the Riverside Area as a
Neighborhood Empowerment Zone by Resolution No. 2984 (re -designated August 20, 2013 by
Resolution No. 4233-08-2013) and as Neighborhood Empowerment Reinvestment Zone No. 11
by Ordinance No. 15645 (re -designated August 21, 2018 by Ordinance No. 23345-08-2018) 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 January 27, 2004, the City Council designated the Trinity Park Area as a
Neighborhood Empowerment Zone by Resolution No. 3039 (re -designated December 7, 2010 by
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Ordinance 23551-01-2019
Ordinance Terminating all designated NERZ
City of Fort Worth, Texas
Resolution No. 3950-12-2010) and as Neighborhood Empowerment Reinvestment Zone No. 15R
by Ordinance No. 15841 (re -designated January 26, 2016 by Ordinance No. 22070-01-2016) 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 February 3, 2004, the City Council designated the Lake Arlington Area
as a Neighborhood Empowerment Zone by Resolution No. 3041 (re -designated April 15, 2014 by
Resolution No. 4314-04-2014) and as Neighborhood Empowerment Reinvestment Zone No. 16
by Ordinance No. 15854 (re -designated April 15, 2014 by Ordinance No. 21205-04-2014) 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 a Neighborhood Empowerment Zone by Resolution No. 3468 (re -designated August 15,
2017 by Resolution No. 4832-08-2017) and as Neighborhood Empowerment Reinvestment Zone
No. 34 by Ordinance No. 17460 (re -designated August 15, 2017 by Ordinance No. 22840-08-
2017) 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 January 6, 2009, the City Council designated the Oakland Corners Area
as a Neighborhood Empowerment Zone by Resolution No. 3704 (re -designated April 22, 2014 by
Resolution No. 4317-04-2014) and as Neighborhood Empowerment Reinvestment Zone No. 36
by Ordinance No. 18425 (re -designated April 22, 2014 by Ordinance No. 21218-04-2014) 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 December 7, 2010, the City Council designated the Northside Area as a
Neighborhood Empowerment Zone by Resolution No. 3948 and as Neighborhood Empowerment
Reinvestment Zone No. 39 by Ordinance No. 19464 (re -designated January 26, 2016 by Ordinance
No. 22072-01-2016) to promote (1) the creation or rehabilitation of affordable housing in the zone,
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Ordinance 23551-01-2019
Ordinance Terminating all designated NERZ
City of Fort Worth, Texas
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 December 7, 2010, the City Council designated the 28th Street/Meacham
Area as a Neighborhood Empowerment Zone by Resolution No. 3944 (re -designated November
12, 2013 by Resolution No. 4260-11-2013) and as Neighborhood Empowerment Reinvestment
Zone No. 37 by Ordinance No. 19460 (re -designated March 1, 2016 by Ordinance No. 22112-03-
2016) 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 April 5, 2011, the City Council designated the Six Points Area as a
Neighborhood Empowerment Zone by Resolution No. 3981 and as Neighborhood Empowerment
Reinvestment Zone No. 38 by Ordinance Number (re -designated June 21, 2016 by Ordinance No.
22285-06-2016) 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 September 24, 2013, the City Council designated the Northeast 820/I-30
Area as a Neighborhood Empowerment Zone by Resolution No. 4248 and as Neighborhood
Empowerment Reinvestment Zone No. 40 by Ordinance Number 20974-09-2013 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 December 15, 2015, the City Council designated the Highland Hills Area
as a Neighborhood Empowerment Zone by Resolution No. 4553 and as Neighborhood
Empowerment Reinvestment Zone No. 92 by Ordinance Number 22005-12-2015 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 April 11, 2017, the City Council designated the Como/Sunset Heights
Area as a Neighborhood Empowerment Zone by Resolution No. 4769 and as Neighborhood
Empowerment Reinvestment Zone No. 2 by Ordinance No. 22671-04-2017 to promote (1) the
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Ordinance 23551-01-2019
Ordinance Terminating all designated NERZ
City of Fort Worth, Texas
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 January 29, 2019, the City Council approved an amendment to the Basic
Incentives and Tax Abatement Policy applicable to Neighborhood Empowerment Reinvestment
Zones (NERZ) to amend project eligibility requirements for commercial, industrial, multi -family,
mixed-use and community facility projects, clarification of design requirements for eligible
projects, clarification of ineligible projects and clarification of fees not waived; and
WHEREAS, the City Council finds that the Trinity Park and Northeast 820/I-30 NERZ
areas have achieved the public purpose of increasing public health, safety and welfare and
neighborhood empowerment zones are no longer necessary to achieve these public purposes and
the aforementioned NERZs should be dissolved and terminated; and
WHEREAS, the City Council finds that it is in the best interests of the citizens of Fort
Worth to dissolve and terminate the remaining aforementioned NERZ areas to allow those areas
to be reconfigured into six NERZ areas to provide for greater efficiency in the administration of
the NERZ Basic Incentives and Tax Abatement Policy program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
Section 1.
FINDINGS.
The facts and recitations contained in the preamble of this Ordinance are hereby found and
declared to be true and correct.
Section 2.
TERMINATION.
The following NERZs, listed below and as shown in Attachment A, are dissolved and
terminated as of the date of this Ordinance:
• Stop Six/Sunset Heights • Trinity Park
• Evans & Rosedale • Lake Arlington
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Ordinance 23551-01-2019
Ordinance Terminating all designated NERZ
City of Fort Worth, Texas
• Magnolia Village
• Polytechnic/Wesleyan
• Hemphill/Berry
• Rolling Hills
• Historic Handley
• Woodhaven
• Riverside
• Berry/University
• Berryhill/Mason Heights
• Oakland Corners
• Northside
• 28th Street/Meacham
• Six Points
• Northeast 820/I-30
• Highland Hills
• Como/Sunset Heights
Section 5.
IMMEDIATE EFFECT.
That this Ordinance shall take effect and be in full force and effect from and after its
adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: January 29, 2019
APPROVED AS TO FORM AND LEGALITY:
By:
Melinda Ramos
Sr. Assistant City Attorney
M&C: G-19468
ATTEST:
/A
Mary J.
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Ordinance 23551-01-2019
Ordinance Terminating all designated NERZ
City of Fort Worth, Texas
EXHIBIT A
Page 8 of 8
Ordinance 23551-01-2019
Ordinance Terminating all designated NERZ
City of Fort Worth, Texas
EXISTING NEIGHBORHOOD EMPOWERMENT ZONES
ATTACHMENT A
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/29/2019 Ordinance No. 23551-01-201.9 Si R�spluon
No. 5041-01=20.19.
DATE: Tuesday, January 29, 2019
LOG NAME: 19NEZTERMINATIONALL
REFERENCE NO.: G-19468
SUBJECT:
Adopt Resolution to Dissolve and Terminate all Existing Neighborhood Empowerment Zones and Adopt
Ordinance to Terminate and Repeal all Existing Neighborhood Empowerment Reinvestment Zones
(COUNCIL DISTRICTS 2, 3, 4, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution to dissolve and terminate the twenty Neighborhood Empowerment
Zones listed in the Resolution; and
2. Adopt the attached Ordinance to terminate and repeal the twenty Neighborhood Empowerment
Reinvestment Zones listed in the Ordinance.
DISCUSSION:
In November 2017, Mayor and Council Communication (M&C G-19157) was brought forward to terminate
the Berry/University, Magnolia Village and Trinity Park Neighborhood Empowerment Zones (NEZ). After
discussions with community stakeholders, the terminations of the three NEZs were withdrawn from City
Council action on April 17, 2018. The City Council then directed staff to conduct a comprehensive study of
the Neighborhood Empowerment Zone Program.
The City of Fort Worth entered into a professional services agreement City Secretary Contract (CSC No.
50753) with Ricker/Cunningham LLC to evaluate the NEZ Program and determine the feasibility of
maintaining, modifying or eliminating certain Neighborhood Empowerment Zone areas with the City.
Ricker/Cunningham and the Neighborhood Services staff held several meetings throughout 2018 with
various community stakeholders to receive input on the NEZ program. Reports on the study and
stakeholder input were presented to the City Council in May and again in September 2018. After final input
from City Council and community stakeholders, staff is proposing changes to the NEZ Program Policy and
administration processes and changes to the boundaries of neighborhood empowerment zones. A
separate Mayor and Council Communication will be presented to the City Council for consideration of
changes to the NEZ Program, Policy and administrative procedures.
The changes recommended to the boundaries for neighborhood empowerment zone boundaries include
the termination of twenty existing NEZ areas and the corresponding NEZ Reinvestment Zones and the
designation of six neighborhood empowerment zones and adoption of six neighborhood empowerment
reinvestment zones. The attached resolution and ordinance will dissolve the existing twenty NEZs in the
City and repeal and terminate the existing NEZ Reinvestment Zones as shown in attachment A. Those
NEZs and NEZ Reinvestment Zones are as follows:
Logname: 19NEZTERMINATIONALL Page 1 of 2
(1) 28th Street -Meacham
(2) Berryhill — Mason Heights
(3) Berry/University
(4) Como/Sunset Heights
(5) Evans/Rosedale
(6) Six Points
(7) Stop Six
(8) Handley
(9) Hemphill/Berry
(10) Highland Hills
(11) Lake Arlington
(12) Magnolia Village
(13) Northeast 820 and 1-30
(14) Northside
(15) Oakland Corners
(16) Polytechnic/Wesleyan
(17) Riverside
(18) Rolling Hills
(19) Trinity Park
(20) Woodhaven
A separate Mayor and Council Communication will be presented to the City Council to designate six new
Neighborhood Empowerment Zones and NEZ Reinvestment Zones.
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 recommendations will have no material effect
on the Fiscal Year 2019 budget. Any tax abatement approved under the future policy shall be incorporated
into the City's long-term financial forecast.
FUND IDENTIFIERS (FIDs):
TO
Fund
Department
ccoun
Project
Program
ctivity
Budget
Reference #
mount
ID
ID
Year
(Chartfield 2)
Fund Department ccoun Project JProgram ctivity Budget I Reference # moun
ID ID I Year I (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Aubrey Thagard (8187)
Sarah Odle (7316)
Logname: 19NEZTERMINATIONALL Page 2 of 2