HomeMy WebLinkAboutOrdinance 17853-10-2007ORDINANCE NO. 17853-10-2007
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 4, 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 15, 2007, of
Resolution No. 3487 (M&C G15726) 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 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 November 19, 2002, the City Council designated the
Evans and Rosedale area as a Neighborhood Empowerment Zone by
Resolution Number 2889 (M&C G-13806) 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 and Rosedale Area as Neighborhood Empowerment Reinvestment Zone
No. 4 by Ordinance Number 15337 (M&C G-13806); 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 shall expire on November 19, 2007 and the City
Council wishes to renew the Zone for a period of five years; and
WHEREAS, on October 30, 2007, 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 October 19, 2007; 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. 4 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;
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; and
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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.
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. 4, City of
Fort Worth, Texas". The area within the Zone is eligible for residential and
commercial-industrial tax abatement pursuant to Resolution No. 3487.
SECTION 3.
TERM OF ZONE.
That the Zone shall be renewed upon November 19, 2007, and expire
October 19, 2012. The Zone may be renewed by the City Council for one or
more subsequent terms of five (5) years or less.
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SECTION 4.
SEVERABI~ITY.
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: October 30. 2007.
APPROVED AS TO FORM AND LEGALITY:
By: ~
Charlene Sanders
Assistant City Attorney
Date: October 30, 2007
M&C: G-15948
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EXHIBIT A
EVANS AND ROSEDALE NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE N0.4
General Description:
The property described below to be designated as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 4 for tax abatement purposes contains
1.77 square miles of land and is described as follows:
On the Noah: Beginning at the exit ramp of Interstate Highway 35 W
southbound and Interstate Highway 30 eastbound. Thence east on Interstate
Highway 30 to U.S. Highway 287 southbound.
On the East: Beginning at the merging point of Interstate Highway 30 exit to
U.S. Highway 287 southbound. Thence South on U.S. Highway 287 to
Cromwell street. Thence south/southwest on Cromwell Street to Riverside
Drive. Thence south on Riverside Drive to East Richmond Avenue. Thence
west on East Richmond Avenue to Delaware Street. Thence south on
Delaware Street to the eastern property line of Lot 4, Block 16, of the Highland
Park Addition-Fort Worth, as recorded in Volume 310, Page 60 of the Tarrant
County plat records. Thence continue south along the western property line of
Lot 4, Block 16, of the Highland Park Addition-Fort Worth, as recorded in
Volume 310, Page 60 of the Tarrant County deed records, to the southern
property line of Lot 4, Block 16, of the Highland Park Addition-Fort Worth, as
recorded in Volume 310, Page 60 of the Tarrant County deed records. Thence
east along the southern property line of Lot 4, Block 16, of the Highland Park
Addition-Fort Worth as recorded in Volume 310, Page 60 of the Tarranf County
deed records, to the alley. Thence continue south across the alley to the
eastern boundary of Lot 5, Block 16, of the Highland Park Addition-Fort Worth
as recorded in Volume 310, Page 60 of the Tarrant County deed records, to
Delaware Street continuation. Thence southwest along Delaware Street to
East Jessamine Street.
On the South: Beginning at the intersection of Delaware Street and East
Jessamine Street. Thence west on East Jessamine Street to the northbound
service road of South Freeway/Interstate Highway 35W.
On the West: Beginning at the' intersection of East Jessamine Street and the
northbound service road of South Freeway/Interstate Highway 35 W. Thence
north along the northbound service road of South Freeway/Interstate Highway
35W to Magnolia Avenue. Thence west along Magnolia Avenue across South
Freeway/Interstate Highway 35 West to the eastern property line of Lot 1, Block
1, of Guinn School Addition as recorded in the Volume A, Page 6788 of Tarrant
County plat records. Thence north along the eastern property line of Lot 1,
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Block 1, of Guinn School Addition, as recorded in Volume A, Page 6788 of the
Tarrant County plat records to East Rosedale Street. Thence east on East
Rosedale Street to the northbound service road of South Freeway/Interstate
Highway 35W. Thence north on the northbound service road of South
Freeway/Interstate Highway 35W to the exit ramp of Interstate Highway 35 W
southbound and Interstate Highway 30 eastbound.
"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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City of ~o ~!/orth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 10/30/2007 -Ordinance No. 17853-10-2007
DATE: Tuesday, October 30, 2007
LOG NAME: 05EVANSROSENERZ
REFERENCE NO.: G-15948
SUBJECT:
Adopt Ordinance Concerning Renewal of the Evans and Rosedale Neighborhood Empowerment
Reinvestment Zone No. 4
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the renewal of the Evans and Rosedale area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 4; and
2. Adopt the attached ordinance which designates the renewal of Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 4 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312.
DISCUSSION:
On November 19, 2002, (M&C G-13806) the City Council adopted Resolution No. 2889, which expires on
October 19, 2012, to designate the Evans and Rosedale area as a Neighborhood Empowerment Zone
(NEZ) and adopted Ordinance No. 15337 which designated Fort Worth Neighborhood Empowerment
Reinvestment Zone (FWNERZ) No. 4.
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. 4 expires on November 18, 2007, 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.
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. 4 and the Evans and Rosedale Neighborhood NEZ are located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
Logname: OSEVANSROSENERZ Page 1 of 2
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Dale Fisseler (6140)
Originating Department Head: Jerome Walker (7537)
Additional Information Contact: Sarah Odle (7316)
Logname: OSEVANSROSENERZ Page 2 of 2