HomeMy WebLinkAboutOrdinance 17854-10-2007ORDINANCE NO. 17854-10-2007
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHEORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 7, 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 by
Resolution 3487 (M&C G-15726), 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 26, 2002, the City Council designated the
Hemphill/Berry Area as a Neighborhood Empowerment Zone by Resolution
Number 2892 (M&C G-13813) 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 Neighborhood Empowerment Reinvestment Zone No. 7
by Ordinance Number 15342 (M&C G-13813); 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 to expire on November 26, 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 Zane No. 7 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; 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 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.
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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. 7, 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 26, 2007, 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.
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SECTION 4.
SEVEI2ABILITY.
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-15949
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EXHIBIT A
HEMPHIL.UBERRY NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE NO. 7
General Description:
The area to be designated as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 7 for tax abatement purposes contains 1.50 square
miles of land and is within the area described below:
On the North: Beginning at the intersection of the Burlington Northern Railroad
right-of-way, formerly the A.T. & S.F. Railroad right-of-way, and Paige Street.
Thence east along Paige Street to the northwest corner of Lot 3, Block 3,
Hemphill Heights Addition, as recorded in Volume 106, Page 109 of the Tarrant
County plat records. Thence south along the western property line of Lot 3 and
Lot 14, Block 3, Hemphill Heights Addition, to Hulkey Street. Thence south
across Hulkey Street to the alley that bisects Block 1, Winston Addition as
recorded in Volume 204, Page 1 of the Tarrant County plat records. Thence
south along the alley behind the rear property lines of Lots 18 -10, Block 1,
Winston Addition to West Morningside Drive. Thence continuing south across
West Morningside Drive to the northwest corner of Lot 2, Block 2, Winston
Addition. Thence south along alley behind the western property lines of Lots 2
- 8, Block 2, Winston Addition. Thence south across Capps Street to the alley
that bisects Block 4, South Hemphill Heights Addition as recorded in Volume
106, Pages 132 & 133 of the Tarrant County plat records. Thence south along
said alley behind the western property lines of Lots 24-13, Block 4, South
Hemphill Heights Addition. Thence south across Cantey Street to the alley that
bisects Block 15, South Hemphill Heights Addition, and continuing south along
said alley behind the western property lines of 24-13, Block 15, South Hemphill
Heights Addition. Thence south across Lowden Street to the alley that bisects
Block 21, South Hemphill Heights. Thence south along said alley behind the
western property lines of Lots 24-13, Block 21, South Hemphill Heights
Addition. Thence south across Bowie Street to the alley that bisects Block 32,
South Hemphill Heights Addition. Thence continuing south along said alley
behind the western property lines of Lots 24-14, Block 32, South Hemphill
Heights Addition, to the southwest corner of Lot 14. Thence east along the
south property line of Lot 14, Block 32 to Jennings Avenue. Thence south
along Jennings Avenue to Berry Street. Thence east along Berry Street to
Southbound Interstate Highway 35 West (IH 35W), also know as the South
Freeway.
On the East: Beginning at the intersection of Berry Street and southbound
Interstate Highway 35 West (IH 35W), also know as the South Freeway.
Thence south along IH 35W to Ripy Street. Thence west along Ripy Street to
South Jones Street. Thence south along South Jones Street to Butler Street.
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Thence east along Butler Street to the Southbound IH 35W. Thence
proceeding south along IH 35W to Thornhill Drive. Thence west along Thornhill
Drive to its intersection with the northwest corner of Lot 1A, Block 12,
Southwayside Addition, as recorded in Volume 388-0, Page 451 of the Tarrant
County plat records. Thence south along the western property lines of Lots 1A
and 2A, and 3-15, Block 12 Southwayside Addition. Thence south across
Hammond Street to the northwest corner of Lot 1, Block 13, Southwayside
Addition, as recorded in Volume 388-R, Page 14, thence following the western
property lines of Lots 1-10, Block 13, Southwayside Addition to Spurgeon
Street. Thence south across Spurgeon Street to the northwest corner of Lot 2,
Block 9, Southwayside Addition, also recorded in Volume 388-R, Page 14 of the
Tarrant County plat records. Thence south along the western property line of
Lot 2, Block 9, Southwayside Addition, and the western property line of Tract
3B7, John Thornhill Survey, Abstract 1519, as recorded in Volume 11094, Page
1765 of the Tarrant County deed records, to Felix Street.
On the South: Beginning at the intersection of Tract 3B7, John Thornhill
Survey, Abstract 1519, as recorded in Volume 11094, Page 1765 of the Tarrant
County deed records, and Felix Street. Thence west along Felix Street to the
southwest corner of Lot 18, Block 32, Marquette Place Addition, as recorded in
Volume 388, Page 3 of the Tarrant County plat records.
On the West: Beginning at the intersection of Felix Street and the southwest
corner of Lot 18, Block 32, Marquette Place Addition, as recorded in Volume
388, Page 3 of the Tarrant County plat records. Thence north along the
western property line of Lots 18 and 19, Block 32, Marquette Place Addition, to
the southwestern corner of Lot 3, Block 36, South Side Addition-Fort Worth, as
recorded in Volume 204A, Page 109 of the Tarrant County plat records.
Thence north along the western property lines of Lots 3 through 1 Block 36,
South Side Addition to Spurgeon Street; thence north across Spurgeon Street
to the southwest corner of Lot 6, Block 33, South Side Addition, thence north
along the western property lines of Lots 6 through 1, Block 33, South Side
Addition to Boyce Street. Thence north across Boyce Street to the southwest
corner of Lot 6, Block 28, South Side Addition, thence north along the western
property lines of Lots 6-1, Block 28, South Side Addition to Hammond Street.
Thence north across Hammond Street to the southwest corner of Lot 6, Block
25 South Side Addition, as recorded in Volume 204A, Page 109 of the Tarrant
County plat records. Thence north along the western property lines said Lot 6,
Block 24 and of 5A, 4A, 3A, Block 25, South Side Addition, as recorded in
Volume 388-58, Page 459; thence continuing north along the western property
lines of Lots 2 and 1, Block 25, as recorded in Volume 204A, Page 109 of the
Tarrant County plat records to Gambrell Street. Thence north across Gambrell
Street to the southwest corner of Lot 6, Block 20, Southside Addition, then north
along the western property lines of Lots 6-1, Block 20, Southside Addition, as
recorded in Volume 204A, Page 109 of the Tarrant County plat records to
Beddell Street. Thence north across Beddell Street to the southwest corner of
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Lot 6 Block 17, Southside Addition; then north along the western property lines
of Lots 6-1, Block 17, South Side Addition, as recorded in Volume 204A, Page
109 of the Tarrant County plat records to Broadus Street. Thence north across
Broadus Street to the southwest corner of Lot 6, Block 12, South Side Addition,
thence north along the western property lines of Lots 6-1, Block 12, South Side
Addition as recorded in Volume 204A, Page 109 of the Tarrant County plat
records, to Kellis Street. Thence north across Kellis Street to the southwest
corner of Lot 2R, Block 10, South Side Addition as recorded in Volume A, Page
636 of the Tarrant County plat records. Thence north along the western
property line of Lot 2R, Block 10 South Side Addition to Seminary Drive.
Thence west along Seminary Drive to the alley that bisects Block 9, Walker
Addition, as recorded in Volume 204, Page 50 of the Tarrant County plat
records. Thence north along the alley behind the western property lines of Lots
12-1, Block 9, Walker Addition to Flint Street. Thence east along Flint Street to
College Avenue. Thence north along College Avenue approximately 50' to the
continuation of Flint Street. Thence continue east along Flint Street to the
southwest corner of Lot 6, Block 3, Southside Addition-Fort Worth, as recorded
in Volume, 204A Page 109 of the Tarrant County plat records. Thence north
along the western property lines of Lots 6 through 1, Block 3, Southside
Addition, to Malta Avenue. Thence north across Malta Avenue to the southwest
corner of Lot 7, Block 2, South Fort Worth Addition. Thence north along the
western property lines of Lots 7-1, Block 2, South Fort Worth Addition to Bolt
Street. Thence north across Bolt Street to the southwest corner of Lot 7, Block
48, South Fort Worth Addition, as recorded in Volume 204, Page 15 of the
Tarrant County plat records. Thence north along the western property lines of
Lots 7 through 4, Block 48, South Fort Worth Addition, to Mason Street.
Thence north across Mason Street to the southwest corner of Lot 15, Block 41,
South Fort Worth Addition, as recorded in Volume 204, Page 15 of the Tarrant
County plaf records. Thence north along the western property lines of Lots 15
through 4, Block 41 South Fort Worth Addition, to Drew Street. Thence west
along Drew Street to Travis Street. Thence north along Travis Street to Fogg
Street. Thence east on Fogg Street to the southwest corner of Lot 15, Block
32, South Fort Worth Addition, as recorded in Volume 204, Page 15 of the
Tarrant County plat records. Thence north along the western property lines of
Lots 15 through 4, Block 32, South Fort Worth Addition to W. Pafford Street.
Thence north across W. Pafford Street to the southwest corner of Lot 9, Block
28 South Fort Worth Addition, as recorded in Volume 204, Page 15 of the
Tarrant County plat records. Thence north along the western property lines of
Lots 9 through 4, Block 28, South Fort Worth Addition, to Waggoman Street.
Thence north across Waggoman Street to the southwest corner of Lot 9, Block
21 South Fort Worth Addition. Thence north along the western property lines
Lots 9 through 6, Block 21, South Fort Worth Addition as recorded in Volume
204, Page 15 of the Tarrant County plat records. Thence north along the
western property lines of Lot 4R, Block 21, South Fort Worth Addition as
recorded in Volume 388-71, Page 121 of the Tarrant County plat records, to
West Dickson Street. Thence north across West Dickson Street to the
southwest corner of Lot 10, Block 16 Cameron Place, as recorded in Volume
309, Page 30 of the Tarrant County plat records. Thence north along the
western property lines of Lots 10 through 18, Block 16, Cameron Place, to
Butler Street. Thence north across Butler Street to the southwest corner of Lot
13, Block 9, Cameron Place, as recorded in Volume 309, Page 30 of the
Tarrant County plat records. Thence north along the western property lines of
Lots 13 through 24, Block 9 Cameron Place to Ripy Street. Thence north
across Ripy Street to the southwest corner of Lot 11, Block 4, Cameron
Addition as recorded in Volume 309, Page 30 of the Tarrant County plat
records. Thence north along the western property line of .Lot 11, Block 4 as
recorded in Volume 309, Page 30 of the Tarrant County Plat Records and along
the western property lines of 12R, Block 4, as recorded in Volume 388-196,
Page 87 of the Tarrant County plat records, and Lots 14 through 20, Block 4, as
recorded in Volume 309, Page 30 of the Tarrant County plat records, to
Biddison Street. Thence west along Biddison Street to its intersection with
Henderson Street. Thence north along Henderson Street to its intersection with
Berry Street. Thence west along Berry Street to its intersection with the
Burlington Northern Railroad right-of-way, formerly the A.T. & S.F. Railroad
right-of-way. Thence north along said right-of-way to its intersection with Paige
Street, also being the point of beginning.
"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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C®ty ®f F®r~t VV®rt~, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 10/30/2007 -Ordinance No. 17854-10-2007
DATE: Tuesday, October 30, 2007
LOG NAME: 05HEMPHILLNERZ
REFERENCE NO.: G-15949
SUBJECT:
Adopt Ordinance Concerning Renewal of the Hemphill/Berry Neighborhood Empowerment
Reinvestment Zone No. 7
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RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the renewal of the Hemphill/Berry area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 7; and
2. Adopt the attached ordinance which designates the renewal of Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 7 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312.
DISCUSSION:
On November 26, 2002, (M&C G-13813) the City Council adopted Resolution No. 2892 to designate the
Hemphill/Berry area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15342
which designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 7.
-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. 7 expires on November 25, 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. 7 and the Hemphill/Berry Neighborhood NEZ are located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: OSHEMPHILLNERZ Page 1 of 2
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manag_er's Office by_
Originating Department Head:
Additional Information Contact:
Dale Fisseler (6140)
Jerome Walker (7537)
Sarah Odle (7316)
Logname: OSHEMPHILLNERZ Page 2 of 2