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HomeMy WebLinkAboutOrdinance 20144-03-2012ORDINANCE NO. 20144 -03 -2012 AN ORDINANCE RENEWING AND RE- DESIGNATING A CERTAIN AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE NO. 2, 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, by Resolution No. 3986- 05 -2011 (M &C G- 17275), 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 2, 2002, the City Council designated the Ridglea Village /Como area as a Neighborhood Empowerment Zone by Resolution Number 2823 -04 -2002 (M &C G- 13580) 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 re- designated the Ridglea Village /Como area as Neighborhood Empowerment Reinvestment Zone No. 2 by Ordinance Number 17461 -03 -2007 (M &C G- 15654); and WHEREAS, on March 27, 2012, the City Council re- designated the Ridglea Village /Como 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. 2 is located within the Ridglea Village /Como Neighborhood Empowerment Zone; and WHEREAS, the Neighborhood Fmpo�Nrerment Zone No. 2 will promote the creation of Ftttordable housing In the zone and an Increase in economic development In the zone, and WHEREAS, on March 27, 2012, 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 16, 2012, 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, 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 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. 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 agrcc incnt entered into under the Chapter 312 cif the Codc. Ordinance No. 20144 -03 -2012 Page 2 43 Section 2. RENEWAL AND RE- DESIGNATION OF ZONE. That the City Council hereby 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 be known as "Neighborhood Empowerment Reinvestment Zone No. 2, 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 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. Section 5. EFFECT. 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: By: AUU Melinda Ramos Assistant City Attorney \I &(': G -17563 Ordinance No. 20144 -03 -2012 Page 3 ot'3 EXHIBIT A RIDGLEA VILLAGE /COMO NEIGHBORHOOD EMPOWERMENT ZONE & RIDGLEA VILLAGE /COMO NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE No. 2 GENERAL DESCRIPTION The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2 for tax abatement purposes contains 1.49 square miles of land and is described below: On the North: Beginning at the intersection of Camp Bowie Boulevard and the eastbound service road of Interstate 30 West. Thence east on the eastbound service road to Neville Street. On the East: Beginning at the intersection of the eastbound service road of Interstate 30 West and Neville Street. Thence south on Neville Street to the unnamed creek flowing southeast from Lake Como. Thence southeast along the creek centerline to its intersection with the northeastern corner of Lot 1, Block 70 of the Chamberlain - Arlington Heights Subdivision, Second Addition. Thence south along the eastern property lines of Lots 1 and 40, Block 70; Lots 1 and 40, Block 73; Lots 1 and 40, Block 88; Lots 1 and 40, Block 91; Lots 1 and 40, Block 106; Lots 1 and 40, Block 109; Lot 1, Block 124, of the Chamberlain - Arlington Heights Subdivision, Second Addition, as recorded in Volume 63, Page 44; and of Lots 3A and 37R, Block 124R, as recorded in Volume 388- 139, Page 96 of the Tarrant County plat records, to Vickery Boulevard. This line also coincides with the r.o.w. of the platted, but unconstructed portion of Penticost Street, part of the Chamberlain - Arlington Heights Subdivision, Second Addition plat, as recorded in Volume 63, Page 44 of the Tarrant County plat records. The entire eastern boundary described above also coincides with the shared eastern boundary of the Lake Como and East Libby Avenue Neighborhood Associations. On the South: Beginning at the intersection of the above described boundaries of the Chamberlain - Arlington Heights Subdivision, Second Addition, also described as the shared eastern boundary of the Lake Como and East Libby Avenue Neighborhood Associations, and Vickery Boulevard. Thence southwest along Vickery Boulevard to its intersection with Ridglea Lane. On the West: Beginning at the intersection of Vickery Boulevard and Ridglea Lane. Thence north along the paved Ridglea Lane to its termination at the southeastern corner of Lot 16, Block 51 of the Ridglea Addition, as recorded in Volume 388 -G, Page 14 of the Tarrant County plat records. Thence continue north along the rear property lines of lots 16 through 6, Block 51, the eastern terminus of Ridgeway Street, and the eastern property line of Lot 5, Block 51, of the Ridglea Addition, all recorded in Volume 4 388 -G, Page 14 of the Tarrant County plat records, to the northeastern corner of said Lot 5. Thence west along the rear lot lines of lots 5, 4, 3, 2, and 1, Block 51, Ridglea Addition, as recorded in Volume 388 -G, Page 14 of the Tarrant County plat records, to Westridge Avenue. Thence north and northwest along Westridge Avenue to its intersection with Ridglea Place. Thence west around the circle on Ridglea Place to Bernie Anderson Avenue. Thence northwest along Bernie Anderson Avenue to Camp Bowie Boulevard. Thence northeast along Camp Bowie Boulevard to Fairfield Avenue. Thence northwest along Fairfield Avenue to the rear property line of Lot F, Block 20, Ridglea Addition, as recorded in Volume 6927, Page 2377, of the Tarrant County deed records. Thence northeast along said property line to Westridge Avenue. Thence southeast along Westridge Avenue to Camp Bowie Boulevard. Thence northeast along Camp Bowie Boulevard to its intersection with the eastbound service road of Interstate 30 West. 5 Ridglea / Como Neighborhood Empowerment Zone ti N - AENWICK' Asti r p01-1 I L Z n 70 �7 Z O WRIT' y MALVEY AVE a OC LOCI(E AVE a I MALVEY AVE. L9VELL AVE -- � +'P'MC� -CUR20N AVE - - -` -�- DANNELLY -AYE. _ CALMONT AVE F fql.! RD 1-N Legend Neighborhood Empowerment Zone Urban Village Park Prepared On December 16 2010 N COPYRIGHT ID10 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY THE ACCURACY IS NOT TO BE TAKEN USED AS DATA PRODUCED FOR ENGINEERINGPURPOSE S OR BY ARE GISTER ED PROFESSIONAL LAND SURVEYOR THE CITY OF FORT WORTH ASSUMES NO RE SPON SIBILITY FOR THE ACCURACY OF SAID DATA Miles FORT WORTH. 0 0.125 0.25 0.5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/2712012 Ordinance No 20144 -03 -2012 and Resolution No. 4079 -03 -2012 DATE: Tuesday, March 27, 2012 LOG NAME: 17NEZRIDGLEAVILLAGERENEW REFERENCE NO.: G -17564 SUBJECT: Conduct a Public Hearing, Adopt Resolution Redesignating the Ridglea Village /Como Area as a Neighborhood Empowerment Zone and Adopt Ordinance to Redesignate the Ridglea Village /Como Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2 (COUNCIL DISTRICTS 3 and 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution to redesignate the Ridglea Village /Como area as a Neighborhood Empowerment Zone; 2. Conduct a public hearing to redesignate the Ridglea Village /Como area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2; and 3. Adopt the attached ordinance to redesignate the Ridglea Village /Como area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. DISCUSSION: On April 2, 2002, (M &C G- 13580) City Council adopted Resolution No. 2823 to redesignate the Ridglea Village /Como area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15061 which redesignated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 2. The Ridglea Village /Como NEZ has a population of 5,277 persons and an area of 1.49 square miles and meets the following designation requirements under the City's NEZ policy: Promotes economic development; Has a total area of no more than 1.5 square miles; . The Ridglea Village /Como NEZ area is 87 percent within the Central City and 78 percent within the Community Development Block Grant eligible areas; 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 area and that would contribute to the economic development of the City. Logname: 17NEZRIDGLEAVILLAGERENEW Page 1 of 2 The Ridglea Village /Como NEZ area, therefore, meets all the requirements for NEZ designation. One of the incentives a municipality can provide in a NEZ, according to Chapter 378 of the Texas Local Government Code, is an abatement of municipal property taxes for properties in the NEZ. In order to accomplish this, the Ridglea Village /Como area would need to be designated as a Reinvestment Zone. 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. The proposed area meets the criteria for the designation of a Reinvestment Zone because 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 contribute to the economic development of the municipality. Further, future improvements in the zone will be a benefit to the City after any Tax Abatement Agreements have expired. The designation of a Reinvestment Zone expires after five years and may be renewed for periods not to exceed five years. Staff recommends redesignating the Ridglea Village /Como NEZ and renewing the Reinvestment Zone designation in order to further promote development in the Ridglea /Como area. The current Ridglea Village /Como NEZ area is located in COUNCIL DISTRICTS 3 and 7. 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 by: Originating Department Head: Additional Information Contact: FROM Fund /Account/Centers Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) Sarah Odle (7316) Logname: 17NEZRIDGLEAVILLAGERENEW Page 2 of 2