HomeMy WebLinkAboutOrdinance 20487-11-2012ORDINANCE NO. 20487-11-2012
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 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 November 19, 2002, the City Council designated the Evans and
Rosedale area as a Neighborhood Empowerment Zone by Resolution Number 2889 -19 -2002
(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 October 30, 2007, the City Council re- designated the Evans and
Rosedale area as Neighborhood Empowerment Reinvestment 'Zone No. 4 by Ordinance Number
17853 -10 -2007 (M &C G- 15948); and
WHEREAS, on November 6, 2012, the City Council re- designated the Evans and
Rosedale 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
Ordinance No. 20487 -11 -2012
Page 1 of 4
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. 4 is located
within the Evans and Rosedale Neighborhood Empowerment 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; and
WHEREAS, on November 6, 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 October 26, 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
Ordinance No. 20487 -11 -2012
Page 2 of 4
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 agreement entered into under the Chapter 312 of the Code.
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. 4, 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
Ordinance No. 20487 -11 -2012
Page 3 of 4
portions, sections or parts of sections of this Ordinance shall be and remain in full force and
effect and shall not in anyway 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: November 6. 2012
APPROVED AS TO FORM AND LEGALITY:
By:
Melinda Ramos
Assistant City Attorney
M&C: G-17727
Ordinance No. 20487 -1 1 -20 12
Page 4 of 4
EXHIBIT A
EVANS AND R09EmaLs NEIGHBORHOOD EMPOWERMENT ZONE
&]KVaNS AND RO$EmaLo NEIGHBORHOOD ]OmpovvEBUmENT
REINVESTMENT ZONE No. 4
GENERAL DESCRIPTION
The property described below to be designated as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 4 for tax abatement purposes uootuioo 1.77 square nui|xm of land and is
described as follows:
On the North: Beginning at the exit ramp of Interstate Highway 35 VV southbound and
Interstate Highway 30 eastbound. Thence east ou Interstate Oiohvruy 30 to U.S. Highway 287
southbound.
On the East: Beginning at the merging Highway
287 southbound. Tbcoue South on U.S. Highway 287 to CnwrnvvcU street. Thcuoo
south/southwest on Cromwell Street to Riverside Drive. Thence south on Riverside Drive to East
Richmond Avenue. Thence west ou East BLiobnuood /\vouuw to IJelovvuro Street, Thence south
on Delaware Street to the eastern property line of Lot 4, E}\ook 18, of the Highland Park
Addition-Fort Worth, as recorded in Volume 3 10, Page 60 of the Tarrant County plat records.
Thence continue south along the western property line of Lot 4, Block l6,of the Highland Park
Addition-Fort Worth, as recorded in Volume 3 10, Page 60 of the Tarrant County deed records, to
the southern property line of Lot 4, Block 10, of the Highland Pork Addition-Fort Worth, as
recorded in \/o|uouo 310, Page 60 of the Tarrant County deed records. Thence noot along the
southern property line of Lot 4, Block 16, of the Highland Park Addition-Fort Worth as recorded
io Volume 3l0, Page 60of the Tarrant County deed records, to the alley. Thence continue south
across the alley Lo the eastern boundary ofLot 5, Block l0,of the Highland Park Addition-Fort
VVodb as recorded in Volume 310, Page 60 of the Tuouo< County deed rocon1m' to Delaware
Street continuation. Thence southwest along Delaware S(TecL to East Jessamine Street.
On the South: Beginning at dbe intersection ofDelaware Street and East Jeaounuiue 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 Eas Jcsauodue Street and the northbound service
road of South Fn:envuv/ n(orstnto Highway 35 W. Thence north along the oodbhonod service
road of South Freeway/Interstate Uigbxozy 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 vcoonJu. 7boocu ourlb along the eastern property Uuo of Lot l, Block }, of Guinn
School Addition, as recorded in Volume /\, Page 6788 of the Tarrant County plat n:oon]o to East
Rosedale Street. Tbcoco east on East Rosedale Street to the northbound service road of South
Ordinance No. 20487-ll-20l2 Exhibit A
Pagel of2
Highway 35W. Thence north on the northbound service mad of South
Freeway/Interstate 8iubvvoy 35W 10 the exit ramp of Interstate Biobvvuy 35 VV southbound and
Interstate Highway 30 eastbound.
"This document was prepared under 227AC8003.2l, does not reflect the results ofunonthe
ground survey, and im not hobe used b) convey or establish interests iu real property except those
rights or interests implied or cxbsh|imbm] hy the creation or reconfiguration of the boundary ofthe
political subdivision for which it was prepared."
Ordinance No. 204V7-ll-2Ol2 Exhibit f\
Page 2 of 2
Legend N Prepared On. December 15, 2010
COPYRIGHT 2010 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VICLAT10N OF APPUCABLE LAWS.
THIS DATA IS TO BE USED FOR ACRAPHICPL REPRESENTATION ONLY THE ACCURACY IS NOT 1"0 BE TAKEN/
Neighborhood Empowerment Zane USEDASDATAPRDODGED FOR ENGINEERING( VRPCSESOR BY AREGISTERED PROFESSIONAL LAND
SURVEYOR, THECITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF WD DATA
Urban Village Miles
Park 0 0.125 0.25 0.5
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, November 06'012 REFERENCE NO.: G-17727
LOG NAME: 17 N EZEVANSAN D ROSE DALERENEVV
SUBJECT:
Conduct Public Hearing, Adopt Resolution RmdesignaUng the Evans and Rosedale Area ao a
Neighborhood Empowerment Zone and Adopt Ordinance to Redesignate the Evans and Rosedale Area as
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 4 (COUNCIL DISTRICT 8)
RECOMMENDATION:
bis recommended that the City Council:
1. Conduct B public hearing to redesignate the Evans and Rosedale area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 4;
2. Adopt the attached Resolution to redesignate the Evans and Rosedale area as 8 Neighborhood
Empowerment Zone; and
3. Adopt the attached ordinance to redesignate the Evans and Rosedale area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No, 4. pursuant to the Texas Property Redevelopment
and Tax Abatement Act, Tax Code, Chapter 312.
On November 19.2OO2.(K3&C G-138O0) the City Council adopted Resolution No. 2880to designate the
Evans and Rosedale area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No.
15337 which designated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone
The Evans and Rosedale NEZ has a population of 5,972 persons and an area of 1.77 square miles and
meets the following designation requirements under the City's NEZ policy:
~ Promotes economic development;
�
The Evans and Rosedale NEZ area is 100 percent within the Central City and 100 percent within
m
Meets criteria for Reinvestment Zone designation in that the area is reasonably likely as a result of
the designation h000ntributetotheretenbon*rexponsionnfphnnaryennp|oymentnrtouttractm or
investment in the zone that would be a benefit to the area and that would contribute to the economic
development of the City.
Logname: l7NBZE\/ANSAND ROSEDALERBNBW Page l of
The Evans and Rosedale 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 Evans and Rosedale 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 Evans and Rosedale NEZ and renewing the Reinvestment Zone
designation in order to further promote development in the Evans and Rosedale area.
The Evans and Rosedale NEZ area is located in COUNCIL DISTRICT 8.
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/C enters
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
Fernando Costa (6122)
Jay Chapa (5804)
Sarah Odle (7316)
Cynthia Garcia (8187)
Logname: 17NEZEVANSANDROSEDALERENEW Page 2 of 2