HomeMy WebLinkAboutOrdinance 17889-11-2007ORDINANCE NO. 17889-11-2007
AN ORDINANCE DESIGNATING A CERTAIN CONTIGUOUS
GEOGRAPHIC AREA IN THE CITY OF FORT WORTH AS "TAX
INCREMENT REINVESTMENT ZONE NUMBER THIRTEEN,
CITY OF FORT WORTH, TEXAS"; CREATING A BOARD OF
DIRECTORS FOR THE ZONE; PROVIDING THE EFFECTIVE
AND TERIVIINATION DATES FOR THE ZONE; ESTABLISHING
A TAX INCREMENT FUND FOR THE ZONE; AND
CONTAINING OTHER MATTERS RELATED TO THE ZONE.
WHEREAS, the City Council desires to promote the development of land in that
certain contiguous geographic area in the City which is more specifically described in
Exhibit "A" of this Ordinance (the "Zone") through the creation of a new reinvestment
zone as authorized by and in accordance with the Tax Increment Financing Act, codified
at Chapter 311 of the Texas Tax Code (the "Code"); and
WHEREAS, on or about September 14, 2007 the City provided written notice to
the governing body of each taxing unit that levies real property taxes in the proposed
Zone of (i) the City's intent to establish the Zone; (ii) a description of the boundaries of
the Zone; (iii) the City's tentative plans for development of the Zone; and (iv) an estimate
of the general impact of the Zone on property values and tax revenues; and
WHEREAS, in accordance with the requirement imposed by Section 311.003(e)
of the Code, the City provided such written notice more than sixty (60) days prior to the
date of the public hearing conducted pursuant to Section 311.003(c) of the Code; and
WHEREAS, the City has prepared preliminary project and financing plans for
the proposed Zone and provided a copy of those plans to the governing body of each
taxing unit that levies taxes on real property in the Zone, as required by Section
311.003(b) of the Code (the "Preliminary Plans"); and
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Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen,
City of Fort Worth, Texas
WHEREAS, in accordance with Section 311.003(f) of the Code, on November 6,
2007 the City made a single formal presentation to the governing body of each county
and school district that levies real property taxes in the proposed Zone, as agreed to in
writing by the Fort Worth Independent School District, which presentation, among other
things, included (i) a description of the proposed boundaries of the Zone; (ii) the City's
tentative plans for development of the Zone; and (iii) an estimate of the general impact of
the Zone on property values and tax revenues; and
WHEREAS, on November 27, 2007 the City Council held a public hearing
regarding the creation of the Zone and its benefits to the City and to property in the Zone
and afforded a reasonable opportunity for (i) all interested persons to speak for or against
the creation of the Zone, its boundaries or the concept of tax increment financing and (ii)
owners of real properly in the proposed Zone to protest inclusion of their property in the
Zone, as required by Sections 311.003(c) and (d) of the Code; and
WHEREAS, notice of the public hearing was published in a newspaper of
general circulation in the City on November 19, 2007, which satisfies the requirement of
Section 311.003(c) of the Code that publication of the notice occur not later than the
seventh day before the date of the public liearing;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
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Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen,
City of Fort Worth, Texas
Section 1.
FINDINGS.
That after reviewing all information before it regarding the establishment of the
Zone and after conducting a public hearing regarding the creation of the Zone and its
benefits to the City and to property in the Zone and affording a reasonable opportunity
for (i) all interested persons to speak for or against the creation of the Zone, its
boundaries or the concept of tax increment financing and (ii) owners of real property in
the proposed Zone to protest inclusion of their property in the Zone, the City Council
hereby makes the following findings of fact:
l.l. 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 the Code.
1.2. The Zone consists of approximately 1,100 acres of land and the area within the
Zone is contiguous.
1.3. The overall existing properties within the Zone are depressed and the area
encompassed by the Zone has been in a general state of economic decline for the
past twenty years.
1.4. The Zone lacks essential infrastructure to sustain viable new development,
including but not limited to, water, sewer, drainage, roads and sidewalks.
1.5. Based on the facts set forth in Sections 1.3, and 1.4 hereof, as well as on all other
information provided to and/or known by the City Council with respect to the area
within the Zone and the area in the vicinity of the Zone, the City Council hereby
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Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen,
City of Fort Worth, Texas
fords that development of the Zone will not occur solely through private
investment in the foreseeable future.
1.6. Taking all facts into consideration, the area within the Zone substantially impairs
and arrests the sound growth of the City and constitutes an economic liability and
a menace to the public health and safety because of (i) a substantial number of
substandard, deteriorated and deteriorating structures; (ii) the predominance of
inadequate sidewalk and street layouts; (iii) faulty lot layout in relation to size,
adequacy, accessibility and usefulness; (iv) unsanitary and unsafe conditions; (v)
the deterioration of site and other improvements; and (vi) conditions that
endanger life and property by fire or other cause. Therefore, the area within the
Zone meets the criteria for designation of a reinvestment zone and satisfies the
requirements of Section 311.005(a)(1) of the Code.
1.7. No more than ten percent (10%) or less of the property in the Zone is used
currently for residential purposes, as specified by Section 311.006 of the Code.
1.8. According to the most recent appraisal roll of the City, the total appraised value of
all taxable real property in the Zone and in existing reinvestment zones in the City
does not exceed fifteen percent (15%) of the total appraised value of taxable real
property in the City and in industrial districts created by the City, if any.
1.9. The Zone does not contain more than fifteen percent (15%) of the total appraised
value of real property taxable by any county or school district.
Page 4
Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen,
City of Fort Worth, Texas
Section 2.
DESIGNATION OF NEW ZONE.
That the City Council hereby designates the Zone described in the boundary
description and depicted in the map, both attached hereto as Exhibit "A" and made a
part of this Ordinance for all purposes, as a reinvestment zone pursuant to and in
accordance with the Code. This reinvestment zone shall be known as "Tax Increment
Reinvestment Zone Number Thirteen, City of Fort Worth, Texas."
Section 3.
ZONE BOARD OF DIRECTORS.
That a board of directors for the Zone ("Board") is hereby created. The Board
shall consist of eleven (11) members who shall serve for terms of two (2) years each. Of
these eleven (11) members, each taxing unit other than the City that levies taxes on real
property in the Zone may, but is not required to, appoint one (1) member to the Board.
After each taxing unit other than the City designates to the City either the name of the
member that the taxing unit wishes to appoint or the fact that the taxing unit wishes to
waive its right to appoint a member, the City Council shall appoint whatever number of
members are necessary to fill the remaining positions on the Board. Such members may
be members of the City Council.
Section 4.
TERM OF ZONE.
That the Zone shall take effect immediately upon the adoption of this Ordinance
and terminate on the earlier of (i) December 31, 2028 or an earlier termination date
Page 5
Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen,
City of Fort Worth, Texas
designated by an ordinance adopted after the effective date of this Ordinance or (ii) the
date on which all project costs, tax increment bonds and interest on those bonds have
been paid or otherwise satisfied in full.
Section 5.
DETERMINATION OF TAX INCREMENT SASE.
That the tax increment base for the Zone, as defined by Section 311.012(c) of the
Code, shall be the total appraised value of all real property in the Zone taxable by a
taxing unit as of January 1, 2007, which is the year in which the Zone was designated as a
reinvestment zone.
Section 6.
TAX INCREMENT FUND.
That a tax increment fund for the Zone (the "TIF Fund") is hereby established.
The TIF Fund may be divided into additional accounts and sub-accounts authorized by
resolution or ordinance of the City Council. The TIF Fund shall consist of (i) the
percentage of the tax increment, as defined by Section 311.012(a) of the Code, that each
taxing unit which levies real property taxes in the Zone, other than the City, has elected to
dedicate to the TIF Fund pursuant to an agreement with the City authorized by Section
311.013(f) of the Code, plus (ii) the City's contribution of one hundred percent (100%) of
the City's tax increment, as defined by Section 311.012(a) of the Code, subject to any
binding agreement executed at any time by the City that pledges an amount of legally
available City funds whose calculation is based, in whole or in part, on payment to or
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Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen,
City of Fort Worth, Texas
receipt by the City of any portion of such tax increment. The TIF Fund shall be
maintained in an account at the depository bank of the City and shall be secured in the
manner prescribed by law for Texas cities. Revenues in the TIF Fund will be used solely
in accordance with Section 311.014 of the Code.
Section 7.
TAX INCREMENT AGREEMENTS.
That, pursuant to Sections 311.008 and 311.013 of the Code, the City Manager
and City Attorney are hereby authorized to execute and deliver, for and on behalf of the
City, tax increment agreements with taxing units that levy real property taxes in the Zone.
Section 8.
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 9.
IMMEDIATE EFFECT.
That this Ordinance shall take effect and be in full force and effect from and after
its adoption.
Page 7
Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen,
City of Fort Worth, Texas
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: November 27 2007
APPROVED AS TO FORM AND LEGALITY:
By: ,G
earn Guzm
Assistant City Attorney
Date: November 27, 2007
M&C: G-15982
Page 8
Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen,
City of Fort Worth, Texas
EXHIBIT "A"
DESCRIPTION .AND DEPICTION OF THE ZONE
The tracts to be designated as Tax Increment Reinvestment Zone Number Thirteen, City
of Fort Worth, Texas for tax increment financing purposes are depicted in the
accompanying map and are more particularly described by the following metes and
bounds:
Political Subdivision Description of Proposed TIF 13 (Woodhaven)
A tract of land out of the, the W. J. Baker Survey, Abstract Number 101, the J. Brockman
Survey, Abstract Number 102, the N. Burton Survey, Abstract Number 244, the J. H.
Connor Survey, Abstract Number 285, the P. E. Coleman Survey, Abstract Number 372,
the D. M. Helms Survey, Abstract Number 812, E. Jones Survey, Abstract Number 841,
the H. P. Largent Survey, Abstract Number 960, the William Mann Survey, Abstract
Number 995, the George Main Survey, Abstract Number 1097, the J. F. Reeding Survey,
Abstract Number 1302, the W. R. Reeder Survey, Abstract Number 1303, the R.
Robinson Survey, Abstract Number 131 S, the W. W. Ray Survey, Abstract Number
1353, the E. G. B. Williams Survey, Abstract Number 1669, the W. Trimble Survey,
Abstract Number 1521, and the R. Taylor Survey, Abstract Number 1561;
BEGINNING at the intersection of the west line of said Jones Survey with the north
right-of--way of Interstate Highway 30;
THENCE with said west line, North, to and along the west line of said Brockman Survey,
some 3430 feet, to the centerline of Old Randol Mill Road;
THENCE with said centerline, South 84 degrees 30 minutes East, some 4S0 feet to its
intersection with the west line of that certain tract of land described by deed recorded in
Volume 9236, Page 157, Deed Records, Tarrant County, Texas;
THENCE with said line, North, some 260 feet to its northwest corner:
THENCE with the north line of said tract, South 86 degrees 30 minutes East, some S60
feet, to the southeast corner of that certain tract of land described by deed recorded in
Volume 12871, Page S 10, Deed Records, Tarrant County, Texas;
THENCE with the east line of said tract, North, some 410 feet, to the south bank of the
West Fork of the Trinity River;
THENCE with said south bank, Northeasterly some 2280 feet, to the northwest corner of
that certain tract of land described by deed recorded in Volume 8938, Page 466, Deed
Records, Tarrant County, Texas;
Ordinance Designating Tax Increment Reinvestment Zone Number Eleven,
City of Fort Worth, Texas
THENCE with the north line of said tract, North 72 degrees 30 minutes East, some 560
feet, to the west line of said Reeding Survey;
THENCE with said line, South, some 200 feet to its intersection with the northwesterly
line of that certain tract of land, known as Tract 2L out of said Reeding Survey, described
by deed recorded in Volume 16775, Page 133, Deed Records, Tarrant County, Texas;
THENCE with said line and the northeasterly line of said tract, Northeasterly, and
Southeasterly, some 740 feet, to the north corner of Lot 1 B, Block 100, Riverbend
Estates;
THENCE with the west and south lines of said Lot, some 470 feet, to said northeasterly
line of said Tract 2L;
THENCE with said line, Southeasterly, some 940 feet, to the south right-of--way of Forest
River Drive;
THENCE with said right-of--way, North 55 degrees 30 minutes East, some 610 feet, to its
intersection with the west line of Lot 5, Block 1, Riverchase Addition;
THENCE with said line, Southeasterly, some 490 feet, to the northwest corner of Bloclc
25 of Woodhaven Country Club Estates;
THENCE with the west line of said Block, Southerly, some 1280 feet, to the northwest
corner of Lot lUR Woodhaven Golf Villas;
THENCE with the west line of said Woodhaven Golf Villas, Southerly and Easterly,
some 300 feet, to the west right-of--way of Putter Drive;
THENCE with said right-of--way, South, some 40 feet, to the most east northeast corner
of Lot 1 S;
THENCE with the west line of said Woodhaven Golf Villas, Southerly and Easterly,
some 590 feet, to the southwesterly right-of--way of Putter Drive;
THENCE with said right-of--way, South 20 degrees East, some 10 feet, to the most north
corner of Lot 1N;
THENCE with the west, south and east lines of said Woodhaven Golf Villas, Southerly
Easterly and Northerly, some 860 feet, to the south right-of--way of Oakmont Lane;
THENCE with said right-of--way, South 79 degrees East, some 70 feet, and South 88
degrees 30 minutes East, some 110 feet, to the most northwest corner of Block 20 of
Woodhaven Country Club Estates;
Ordinance Designating Tax Increment Reinvestment Zone Number Eleven,
City of Fort Worth, Texas
THENCE with the west line of said Block, Southerly, to and along the north, west and
south lines of Block 1, of Havenwood Golf Villas, and to and along the east line of said
Block 20, some 2200 feet, to the southwest right-of--way of Oakmont Lane;
THENCE with said right-of--way, South 30 degrees East, some 50 feet, and South 21
degrees 30 minutes East, some 90 feet, and South 13 degrees East, some 30 feet, to the
most northeast corner of Block 9, Woodhaven Country Club Estates;
THENCE with the most north, west and north line of said Block, West, Southerly, and
West, some 2000 feet, to its intersection with a line 1.0 feet northeasterly of the
southwesterly right-of--way of Country Club Lane;
THENCE with said line, Northwesterly, some 900 feet, to its intersection with the north
line of Lot 39, Block 6, Woodhaven Country Club Estates;
THENCE to and along a north, a west, and a southwesterly line of said Block, West,
South, and Southeasterly, some 500 feet, to its intersection with the southwesterly right-
of-way of Country Club Lane;
THENCE with the southwesterly right-of--way of Country Club Lane, South 38 degrees
East, some 140 feet, to the northeast corner of Lot 28, of said Block 6;
THENCE with the a north, most west and most south line of said Block, West, Southerly,
and East, crossing Doral Drive, and to and along the south line of Block 7, crossing
Country Club Lane, and to and along the south and southeast line of Block 8, crossing
Oakland Hills Drive, and to and along the southeast and north line of Block 10, some
7400 feet, to its intersection with the northeast right-of--way of Oakmont Lane;
THENCE with said right-of--way, North 15 degrees 30 minutes West, some 100 feet, to
the southeast corner of Block 22;
THENCE with the east, north, west line of said Block, North, West, and South, some
5500 feet, to its intersection with the north right-of--way of Oakmont Lane;
THENCE with said right-of--way, North 15 degrees 30 minutes West, some 100 feet, to
the south corner of Block 23;
THENCE with the east, and northeast line of said Block, North, and Northwest, some
1100 feet, to its intersection with the east right-of--way of Oakmont Lane;
THENCE with said right-of--way, North 8 degrees West, some 215 feet, to the west
corner of that certain tract of land described by deed recorded in Volume 14772, Page
526, Deed Records, Tarrant County, Texas;
Ordinance Designating Tax Increment Reinvestment Zone Number Eleven,
City of Fort Worth, Texas
THENCE with the south line of said tract, South 73 degrees 30 minutes East, some 80
feet, and South 82 degrees East, some 110 feet, and South 1 degrees East, some 100 feet,
to its intersection with the south line of Block 1, Riverchase Addition;
THENCE with the southeast line of said Block, North 68 degrees East, some 690 feet,
and North 32 degrees East, some 550 feet, to its intersection with the south right-of--way
of Randol Mill Road;
THENCE with said right-of--way, North 69 degrees 30 minutes East, some 570 feet, to
the northwest corner of Block 16;
THENCE with the southwest line of said Block, Southeast, some 2000 feet, to its
intersection with the north right-of--way of Cholla Drive;
THENCE with said right-of--way, North 86 degrees East, some 250 feet, to the southeast
corner of Lot 45 in Block 16;
THENCE with an east, north, and south line of said Block, North, West, and East, some
2400 feet, to the southeast corner of Lot 30 in Block 16;
Thence with the east line of said Lot, North 3 degrees 30 minutes East, some 120 feet, to
its intersection with the south right-of--way of Cholla Drive;
North 84 degrees 30 minutes East, some 20 feet, to the northwest corner of Lot 29 in
Block 16;
Thence with the west line of said Lot, South 2 degrees West, some 130 feet, to its
southwest corner;
THENCE with a south, west, north, west and south line of said Block, East, South, West,
South and East, some 3200 feet, to its intersection with the west right-of--way of High
Woods Trail;
THENCE with said right-of--way, South, some 300 feet, to its intersection with the west
right-of--way of Boca Raton Boulevard;
THENCE with said right-of--way, West, some780 feet, to its intersection with the
southwest line of Block 29;
THENCE with said line, Southeasterly, some 2300 feet, to the south corner of the right-
of-way of High Woods Trail;
THENCE with the southeast line of said right-of--way, to and along southeast line of
Block 27, Northeasterly, some 440 feet, to its intersection with the west right-of--way of
TXU Electric Delivery Company;
Ordinance Designating Tax Increment Reinvestment Zone Number Eleven,
City of Fort Worth, Texas
THENCE with saidright-of--way, North, some 2380 feet, and North 4 degrees 30 minutes
West, some 1190 feet, to its intersection with the south line of Block 19;
THENCE with said line, South 87 degrees West, some 340 feet, and South 70 degrees
West, some 290 feet, to its intersection with the east right-of--way of High Woods Trail;
THENCE with said right-of--way, North, crossing Randol Mill Road, and to and along the
east right-of--way of Riverbend Estates Drive, some 1060 feet, to its intersection with the
north right-of--way of TXU Electric Delivery Company;
THENCE with said right-of--way, South 88 degrees East, some 790 feet, and North 4
degrees 30 minutes West, some 810 feet, to the north line of said Reeding Survey;
THENCE with said line, East, some 205 feet, to its intersection with the east TXLT
Electric Delivery Company;
THENCE with said right-of--way, North 4 degrees 30 minutes West, some 980 feet, to the
north bank of the West Fork of the Trinity River;
THENCE with said north bank, Easterly some 3100 feet, to its intersection with the west
right-of--way of Interstate Highway Loop 820 East;
THENCE with said right-of--way, South, some 7000 feet, to its intersection with the north
right-of--way of Interstate Highway 30;
THENCE with said right-of--way, West, some 10,400 feet, to the Place of Beginning, and
containing some 1120 acres of land, more or less.
Bearing Base and Distances, per City of Fort Worth, Graphic Information System.
This description prepared by Hans Kevin Hansen, Registered Professional Land Surveyor, Number 4786,
in September 2007.
"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."
Ordinance Designating Tax Increment Reinvestment Zone Number Eleven,
City of Fort Worth, Texas
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Ordinance Designating Tax Increment Reinvestment Zone Number Eleven,
City of Fort Worth, Texas
Cif ®f F®r~ ~I/~r~h, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended~on 11/27/2007 -Ordinance No. # 17889-11-2007
DATE: Tuesday, November 27, 2007
LOG NAME: 17WOODHAVENTIF
REFERENCE NO.: G-15982
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Designating Tax Increment Reinvestment Zone
Number 13, City of Fort Worth, Texas (Woodhaven TIF)
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Increment Reinvestment Zone Number 13, City
of Fort Worth, Texas for tax increment financing purposes; and
2. Adopt the attached ordinance which designates Tax Increment Reinvestment Zone Number 13, City of
Fort Worth, Texas pursuant to Tax Increment Financing Act, Texas Tax Code, Chapter 311 and contains
specific findings of fact in support thereof.
DISCUSSION:
The proposed Tax Increment Reinvestment Zone Number 13, City of Fort Worth, Texas being referred to as
the Woodhaven TIF (the TIF), is located on approximately 1100 acres of land in east Fort Worth. The
property is bounded by Interstate Highway Loop 820 on the east, and Interstate Highway 30 on the
southernmost boundary. The exact boundaries of the property are described in Exhibit A of the attached
ordinance. The TIF will expire on December 31, 2028, or the earlier date as of which all project costs have
been paid. .
This TIF is intended to help fund public infrastructure improvements (e.g. water, sewer, drainage, roads,
sidewalks, etc) associated with new development and redevelopment projects. In addition, demolition,
environmental remediation and all expenses allowable under the Tax Increment Financing Act are
contemplated as needed for areas within the TIF Zone identified as ripe for new or redevelopment. The
ordinance provides that the City will contribute 100 percent of its tax increment to the TIF each year during
the term of the TIF.
This public hearing is required by the Act. Notice of this hearing was: (1) delivered to the governing body of
each taxing unit that levies real property taxes on property located within the proposed TIF and; (2)
published in a newspaper of general circulation at least seven days prior to this meeting.
The proposed area meets the criteria for designation as a reinvestment zone pursuant to the Act because,
as more specifically set forth in the findings of fact in the attached ordinance, the area is underdeveloped,
blighted and largely unproductive due to the deteriorated site and other improvements and contains
unsanitary and unsafe conditions, all of which prevent development from occurring in the area solely
through private investment in the reasonably foreseeable future, thereby substantially impairing and
arresting the sound growth of the City.
This property is located in COUNCIL DISTRICT 4.
Logname: 17WOODHAVENTIF Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
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)
Originatina Department Head: Tom Higgins (6192)
Additional Information Contact: Ossana Hermosillo (8618)
Ardina Washington (8003)
Logname: 17WOODHAVENTIF Page 2 of 2