HomeMy WebLinkAboutOrdinance 17887-11-2007ORDINANCE NO. 17887-11-2007
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 6, 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 REt_ATED TO THE ZONE.
WHEREAS, pursuant to the City Council's adoption on April 22, 2003 of
Resolution No. 2938 (M&C C-19551) and amended on May 27 2003 by M&C
G-13984, 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
Polytechnic/Wesleyan Area as a Neighborhood Empowerment Zone by
Resolution Number 2894 (M&C G-13815), as amended on June 10, 2003 by
Council Proposal File No. 299, 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 Neighborhood Empowerment Reinvestment
Zone No. 6 by Ordinance Number 15344 (M&C G-13815); 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 25, 2007 and the City
Council wishes to renew the Zone for a period of five years; and
WHEREAS, notice of the Public Hearing was published in a newspaper
of general circulation in the City on November 12, 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, on November 27, 2007, the City Council held a public
hearing regarding the renewal of the Zone ("Public Hearing"); and
2
WHEREAS, the Neighborhood Empowerment Zone No. 6 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; 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
3
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 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. 6, City of
Fort Worth, Texas". The area within the Zone is eligible for residential and
commercial-industrial tax abatement pursuant to Resolution No. 2938, as
amended by M&C G-13984.
SECTION 3.
TERM OF ZONE.
That the Zone shall be renewed upon November 27, 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.
4
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: November 27 2007
APPROVED AS TO FORM AND LEGALITY:
_,
Charlene Sanders
Assistant City Attorney
Date: November 28 2007
M&C: G-15979
5
EXHIBIT A
POLYTECHNICM/ESLEYAN NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE NO.6
General Description:
The area to be designated as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 6 for tax abatement purposes contains 1.46 square
miles of land and is within the area described below:
On the North: Beginning at the intersection of the northwest corner of Lot 3,
Greves Addition, as recorded in Volume 204A, Page 130 of the Tarrant County
plat records, and Vickery Street. Thence east along Vickery Street to the
southwest corner of Lot 2, Armendaris Place Addition, as recorded in Volume
881, Page 327 of the Tarrant County deed records. Thence north along the
western property line of Lots 2, 3, 4, and 5 Armendaris Place, to the northwest
corner of Lot 5, Lot 5 being recorded in Volume 38$J, Page 423 of the Tarrant
County plat records. Thence east along the north property line of Lot 5 to
Binkley Street. Thence south on Binkley Street to Midland Street. Thence east
along Midland Street to its terminus at the west property line of Tract 8, John
Ringer Survey (Abstract 1287), as recorded in Volume 1366, Page 377 of the
Tarrant County deed records. Thence north along the western property line of
Tract 8, John Ringer Survey (Abstract 1287), to its intersection with the Union
Pacific Railroad right-of-way. Thence southeast along said railroad r.o.w. to the
northeast corner of the Tract 2A, J.L. Purvis Survey (Abstract 1228) as
recorded in Volume 8794, Page 1410 of the Tarrant County deed records.
Thence south along the eastern property line of Tract 2A, J.L. Purvis Survey
(Abstract 1228) to its intersection with the northwest corner of Tract 3, J.L.
Purvis Survey (Abstract 1228), as recorded in Volume 13879, Page 21 of the
Tarrant County deed records, as part of the property described as Lots 2, 2A2,
2C, 3 and 4, J.L. Purvis Survey (Abstract 1228). Thence east along the length
of northern property line of said Tract 3 to its eastern property line.
On the East: Beginning at the northeast corner of Tract 3, J.L. Purvis Survey
(Abstract 1228), as recorded in Volume 13879, Page 21 of the Tarrant County
deed records, as part of the property described as Lots 2, 2A2, 2C, 3 and 4, J.L.
Purvis Survey (Abstract 1228). Thence south along the length of the eastern
property line of said Tract 3 to its intersection with the northern property line of
Tract 4, J.L. Purvis Survey (Abstract 1228), also recorded in Volume 13879,
Page 21 of the Tarrant County deed records, as part of the property described
as Lots 2, 2A2, 2C, 3 and 4, J.L. Purvis Survey (Abstract 1228). Thence south
along the eastern property line of Tract 4, J.L. Purvis Survey (Abstract 1228), to
East Rosedale Street. Then west along East Rosedale Street to its intersection
with Miller Street. Thence south along Miller Street to Ramey Avenue.
6
On the South: Beginning at the intersection of Miller Street and Ramey
Avenue. Thence west along Ramey Avenue to Wallace Street. Thence south
along Wallace Street to Crenshaw Street. Thence west along Crenshaw Street
to Campbell Street. Thence north along Campbell Street to the southeast
corner of Lot 1, Block 9, Raef Subdivision, as recorded in Volume 310, Page 52
of the Tarrant County plat records. Thence west along the south property lines
of Lots 1 through 11, Block 9, Raef Subdivision to Little Street. Thence
continuing west across Little Street to the southwest corner of Lot 1, Block I, L.
T. Millett Subdivision, as recorded in Volume 204, Pages 44-45 of the Tarrant
County plat records. Thence west along the south property lines of Lots 1
through 9, Block I, Millett Subdivision to Bishop Street. Thence continuing west
across Bishop Street to the southeast corner of Lot 1, Block J, Millett
Subdivision, then continuing west along the south property lines of Lots 1
through 8, Block J, Millett Subdivision, to Collard Street. Thence continuing
west across Collard Street to the southeast corner of Lot 1, Block K, Millett
Subdivision. Thence continuing west along the south property lines of Lots 1
through 10, Block K, Millett Subdivision to Vaughn Blvd. Then continuing west
across Vaughn Blvd to the southeast corner of Lot 2, Block L, Millett
Subdivision. Thence west along the south property lines of Lots 2, 3 and 4,
Block L, Millett Subdivision, to the intersection with Lot 5, Block 16, Edna
Burchill Second Filing as recorded in Volume 1867, Page 524 of the Tarrant
County deed records. Thence north along the eastern property line of Lot 5,
Block 16 Edna Burchill Second Filing to its north property line. Thence west
along the length of the north property lines of Lots 5, 4, 3, 2, and 1, Block 16,
Edna Burchill Second Filing. Thence south along the western properly line of
Lot 1, Block 16, Edna Burchill Second Filing to Hanger Street. Thence
northwest along Hanger Street to the southeast corner of Lot 6, Block I,
Polytechnic Heights South Addition, as recorded in Volume 204, Page 44 of the
Tarrant County plat records. Thence north along the eastern properly line of
Lot 6, Block I Polytechnic Heights South Addition to the platted but
unconstructed portion of Ada Street. Thence north across the platted but
unconstructed portion of Ada Street to the southeast corner of Lot 1, Block 86,
Avalon Heights Addition, as recorded in Volume 388-0, Page 387 of the Tarrant
County plat records. Thence north along the eastern property line of Lots 1
through 6, Block 8B, Avalon Heights Addition to the southeast corner of Lot 1,
Block 118, Polytechnic Heights Subdivision as recorded in Volume 63, Page
109 of the Tarrant County plat records. Thence west along the south property
lines of Lots 1 through 9, Block 118, Polytechnic Heights Subdivision. Thence
north along the western property line of Lot 9, Block 118, Polytechnic Heights
Subdivision to its intersection with Lot B, Block 118, Polytechnic Heights
Subdivision as recorded in Volume 388-16, Page 453 of the Tarrant County plat
records. Thence west along the southern property line of Lot B, Block 118
Polytechnic Heights Subdivision to McKenzie Street. Thence north on
McKenzie Street to Avenue L. Thence west on Avenue L to Conner Avenue.
Thence north on Conner Avenue to the southeast corner of Tract 1 C5, John
Ringer Survey (Abstract 1286), as recorded in Volume 15030, Page 56 of the
7
Tarrant County deed records. Thence west along the southern property line of
said Tract 1 C5 to Beach Street.
On the West: Beginning at the intersection of the southeast corner of Tract
1 C5, J. Ranger Survey (Abstract 1286), as recorded in Volume 15030, Page 56
of the Tarrant County deed records, and Beach Street. Thence north on Beach
Street to East Rosedale Street. Thence east on East Rosedale Street to
Conner Avenue. Thence north on Conner Avenue to the southeast corner of
Lot 12, Greves Subdivision, as recorded in Volume 204A, Page 130 of the
Tarrant County plat records. Thence west along the southern property line of
said Lot 12 to its southwest corner. Thence north along the western property
lines of Lots 12 through 3, Greves Subdivision to the intersection with Vickery
Boulevard, 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."
At the hearing, interested persons are entitled to speak or present evidence for
or against the re-designation of the property as Fart Worth Neighborhood
Empowerment Reinvestment Zone No. 6, the boundaries of the reinvestment
zone, and/or the concept of tax abatement.
For additional information, contact Sarah Odle by telephone at 817-392-7316 or
in writing at the Housing Department, City of Fort Worth, 1000 Throckmorton
Street, Fort Worth, Texas 76102.
8
~ Z
N O ?,,,
Z CO EMAN q~
~ BRA LEY B DLEY
J
z
G
C
~
z
o w
~ ~
~
~ NOl ¢ x b3~o
1Sy~ J ~
> >
¢ ~
w
>
¢ NOSE b0
~~
i oN~~IVO aa-I-I w w
ARGENT ~
SCHMIDT ~
1N3 ab'S -~
NEWARK ~
J ~ ARCH
CHICAGO ~
CHICAGO ~ w z
w z
=
_ ¢ ¢
_ DILLOW
~ ARC ~
~ ARCH E ~ ~
1NOW3a
" O~..I.O DON LE
= IV
10 H =
HAYNES ~ VO T w
S N~IVH U
WALLAC
WALLACE
SN Na3d
~ YERS
w p
o
w w
~
w
z
C
PBE L _
'~
z ~.
J
J
NW
_ ~
>
¢ ITTLE
oldw r w ~ o
w w
Q w
4 w
¢ a
J
4
BI
HOP h
~
J RA ART w ~ Y ~
w
~
~
¢ z
~ COL Rb COL R
- 0 o
~,,
m > ~ m
d w ---~
Q VAU HN
- L-~ -1-
~
a W SLEY N w
J
¢ ~
Z ~ U BIN LEY
BINK EY BINK EY v ; > ~
m Y
Y w ¢ ¢ w '
3 o S
~ Y
R
TH LL > HRAL TH ALL m ~
U -
-
RAVINE > . w w
2 w ¢ ~,~ ¢ U
A ~
w w
Q ,~~.
Pg~ p
MC K
NZIE
COUR w
>
¢ ~
~
z > ~2 N
W
o d ~
J ~ ~
'+
~ C NNER CO NER CONN R
~ ~~N~
~S ~
c'~ N
' PARKDAL $ -Q W
C ~ Z
BEACH S ~ w
> ¢ m ~
~,00~
~ ~ ~ m
SSEX w
' w OLME
a 'a a
~ N
Z
C
C
i
C
S
S
Z
.~
L
C
0
U
City oi` 1~®e~t I/Vorth, 7"exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/27/2007 -Ordinance No. # 17887-11-2007
DATE: Tuesday, November 27, 2007
LOG NAME: 05POLYWNERZ
REFERENCE NO.: G-15979
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Concerning Renewal of the Polytechnic/Wesleyan
Neighborhood Empowerment Reinvestment Zone No. 6
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the renewal of the Polytechnic/Wesleyan area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 6; and
2. Adopt the attached ordinance which designates the renewal of Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 6, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312.
DISCUSSION:
On November 26, 2002, (M&C G-13815, as amended by M&C G-13999) the City Council adopted
Resolution No. 2894 to designate the Polytechnic/Wesleyan area as a Neighborhood Empowerment Zone
(NEZ) and adopted Ordinance No. 15344 which designated Fort Worth Neighborhood Empowerment
Reinvestment Zone (FWNERZ) No. 6.
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. 6 expired 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. 6 and the Polytechnic/Wesleyan Neighborhood NEZ are located in COUNCIL DISTRICTS 5
and 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: OSPOLYWNERZ Page 1 of 2
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted foe City Manager's Office b}~
Originating Department Head:
Additional Information Contact:
Dale Fisseler (6140)
Jerome Walker (7537)
Sarah Odle (7316)
Logname: OSPOLYWNERZ Page 2 of 2