HomeMy WebLinkAboutOrdinance 20143-03-2012ORDINANCE NO. 20143-03-2012
AN ORDINANCE RENEWING AND RE- DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 34, 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 17, 2011 of Resolution
No. 3986 -05 -2011 (M &C G- 17275), 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 March 27, 2007, the City Council designated the Berryhill/Mason
Heights as a Neighborhood Empowerment Zone by Resolution Number 3468 -03 -2007 (M &C
G- 15653) 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 as Neighborhood Empowerment Reinvestment Zone No. 34 by Ordinance Number
17460 -03 -2007 (M &C G- 15653); 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, the Zone expired on March 26, 2012, and the City Council wishes to re-
establish the Zone for a period of five years; and
WHEREAS, on March 27, 2012, 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 March 16, 2012; 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 /one: and
WHEREAS, Neighborhood Empowerment Zone No. 34 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:
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;
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.
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.
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. 34, City
of Fort Worth, Texas ". The area within the Zone is eligible for residential and commercial -
industrial tax abatement pursuant to Resolution No. 3986 -05 -2011.
SECTION 3.
TERM OF ZONE.
That the Zone shall be renewed upon March 27, 2012, 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.
Ordinance No. 20143 -03 -2012
Page 2 of 3
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.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: March 27, 2012
APPROVED AS TO FORM AND LEGALITY:
n
By: r�
Melinda Ramos
Assistant City Attorney
M &C: G -17563
Ordinance No. 20 143 -03 -20 12
Page 3 of 3
EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 34
Berryhill /Mason Heights
General Description
A parcel of land out of the Samuel B. Hopkins Survey, Abstract Number 669,
the C. T. Hillard Survey, Abstract Number 715, the J. Hayes Survey, Abstract
Number 779, the J. Huie Survey, Abstract Number 799, the J. Justice Survey,
Abstract Number 859, the R. R. Ramey Survey, Abstract Number 1342, the A.
Thompson Survey, Abstract Number 1499, and the E. S. Terrell Survey,
Abstract Number 1527, all situated in Tarrant County Texas, situated some 4.5
miles South 45 degrees East, from the Courthouse in Fort Worth, the county
seat, and being more particularly described as follows;
BEGINNING at the intersection of the southwesterly right -of -way of Martin
Luther King Junior Freeway, United States Highway Number 287, with the
northwesterly right -of -way of Wichita Street;
THENCE southwesterly with the meanders of said northwesterly right -of -way,
some 500 feet, to its intersection with the southwesterly right -of -way of Vaughn
Avenue;
THENCE southeasterly with the meanders of said southwesterly right -of -way,
some 1500 feet, to its intersection with the north right -of -way of Eastland Street;
THENCE west with the meanders of said north right -of -way, some 700 feet, to
its intersection with the west right -of -way of Foard Street;
THENCE south with the meanders of said westerly right -of -way, some 2700
feet, to its intersection with the north right -of -way of Wilbarger Street;
THENCE west with the meanders of said north right -of -way, some 1300 feet, to
its intersection with the northeasterly right -of -way of Mitchell Boulevard;
THENCE northwesterly with the meanders of said northeasterly right -of -way,
some 2000 feet, to its intersection with the north right -of -way projected east of
Glen Garden Avenue, as shown on the Map of A revision of block 9 Glen
Garden, according to plat thereof recorded in Volume 388 -Z, Page 44 of the
Plat Records of Tarrant County, Texas;
THENCE west and northwesterly to and along the meanders of said right -of-
way, and to and along the meanders of the southerly and southwesterly line of
Lot 1, Block A, Cobb Park Town Homes, according to plat thereof recorded in
Cabinet A, Slide 6754, of the Plat Records of Tarrant County, Texas, and too
4
and along the meanders of northeasterly edge of the old roadbed of Cobb Park
Drive, some 3000 feet, to its intersection with the south right -of -way of South
Berry Street;
THENCE northwesterly crossing South Berry Street, some 200 feet, to its north
right -of -way some 400 feet east of the intersection of said north right -of -way,
with the southeasterly right -of -way of East Berry Street;
THENCE west with said north right -of -way, some 400 feet, to said intersection;
THENCE northeasterly with the meanders of said southeasterly right -of -way,
some 400 feet, to its intersection with the projection of northeasterly edge of
asphalt of Cobb Park Drive;
THENCE to and along the meanders of the west and north edge of said
asphalt, and to and along easterly edge of the concrete hike and bike path built
in the old roadbed of Cobb Park Drive, some 5500 feet, to its intersection with
said southwesterly right -of -way of Martin Luther King Junior Freeway;
THENCE southeasterly with the meanders of said southwesterly right -of -way,
some 6000 feet, to the PLACE OF BEGINNING, and containing some 601
acres of land, more or less.
This description prepared in electronic format, by Hans Kevin Hansen, Registered
Professional Land Surveyor, Number 4786, in October 2006.
"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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Legend N Prepared On December 15 2010
COPYRIGHT AD1D CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPUCABIE LAWS
THIS DATA ISTO BE USED FOR AGRAPHICAL REPRESENTATION ONLY THE ACCURACY IS NOT TO BE TAKEN
Neighborhood Empowerment Zone USED AS DATAPROOUCED FOR ENGANEERINGPURPOSESOR BY AREGASTERED PROFESSIONAL LAND
SURVEYOR THE CITY OF FORT WORTH ASSUMES NO RESPON SIBIUTY FOR THE ACCURACY OF SAID DATA
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 3 /27/2012 - Ordinance No. 20143 -03- 201`2
DATE: Tuesday, March 27, 2012
LOG NAME: 17NEZBERRYMASON
REFERENCE NO.: G -17563
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance to Redesignate the Berryhill /Mason Heights Area as Fort
Worth Neighborhood Empowerment Reinvestment Zone No. 34 (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to redesignate the Berryhill /Mason Heights area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 34; and
2. Adopt the attached ordinance which redesignates the Berryhill /Mason Heights area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 34, pursuant to the Texas Property Redevelopment
and Tax Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On March 27, 2007, (M &C G- 15653) the City Council adopted Resolution No. 3468 to designate the
Berryhill /Mason Heights area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No.
17460 which designated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone
(FWNERZ) No. 34.
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. 34 expired on March 26, 2012 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 Texas Property Redevelopment and Tax Abatement Act (the 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 the newspaper at least seven days prior to the public meeting. The Act requires the property receiving
an abatement to be located in a Reinvestment or Enterprise Zone.
Staff recommends the renewal of the Berryhill /Mason Heights Reinvestment Zone designation.
FWNERZ No. 34 and the Berryhill /Mason Heights NEZ are located in COUNCIL DISTRICT 8.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
Logname: 17NEZBERRYMASON Page 1 of 2
funds.
FUND CENTERS:
TO Fund /Account/Centers FROM Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
Sarah Odle (7316)
Logname: 17N EZBERRYMASON Page 2 of 2