HomeMy WebLinkAboutOrdinance 20488-11-2012ORDINANCE NO. 20488 -11 -2012
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 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 26, 2002, the City Council designated the
Polytechnic /Wesleyan area as a Neighborhood Empowerment Zone by Resolution Number
2894 -26 -2002 (M &C G- 13815) 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 27, 2007, the City Council re- designated the
Polytechnic/Wesleyan area as Neighborhood Empowerment Reinvestment Zone No. 6 by
Ordinance Number 17887-11-2007 (M &C G- 15979); and
WHEREAS, on November 6, 2012, the City Council re- designated the
Polytechnic/Wesleyan 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
Ordinance No. 20488 -11 -2012
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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, the Neighborhood Empowerment Reinvestment Zone No. 6 is located
within the Polytechnic/Wesleyan Neighborhood Empowerment Zone; and
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; 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. 20488-11-2012
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. 6, 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. 20488-11-2012
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 any way 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 62012
APPROVED AS TO FORM AND LEGALITY.-
By: 4 �k Qz�lm�
Melinda Ramos
Assistant City Attorney
M&C: G-17728
Ordinance No. 20488-11-2012
Page 4 of 4
EXHIBIT A
POLYTECHNIC/VVESLEYAN NEIGHBORHOOD EMPOWERMENT ZONE
& POLYTECHNICIWESLEYAN 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 1.49 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
388J, 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 its intersection with
Avenue J. Thence east along Avenue J to its intersection with Coleman Street. Thence
Ordinance No. 20488-11-2012
Page 1 of 3
south along Coleman Street to its intersection with Avenue N. Thence west 8|OOg
Avenue N to its intersection with Miller Street. Thence mouth along Miller Street to
Ramey Avenue.
On the South: Beginning at the intersection of Miller Street and Ramey Avenue.
Thence west along Ramey Avenue toWallace Street. Thence south along Wallace
Street to Crenshaw Street. Thence west 8>ODg Crenshaw Street to Campbell Street.
Thence north along Campbell Street to the southeast corner of Lot 1, Block 9, Roef
8UbdiVi8iOO, as recorded in Volume 310, Page 52 of the Tarrant County plat nBCOndS.
Thence west along the mouth property lines Of Lots 1 through 11. Block 8, RGef
Subdivision to Little Street. Thence continuing vveO1 aCnDG8 Little Street to the
southwest corner Of Lot 1' Block |. L. 7- M|||ett Subdivision, as recorded in Volume 204.
Pages 44-45Of the Tarrant County plat records. Thence west along the south property
lines of Lots 1 through Q. Block |. MiUett Subdivision to Bishop Street. Thence
continuing west across Bishop Street to the southeast corner of Lot 1, Block J' K4i||ett
SubdiviaioD, then continuing west along the south property lines Of Lots 1 through 8.
Block J. KAiUett Subdivision, to Collard Street. Thence continuing VY8Gt @CnQsS Collard
Street to the southeast COFMer Of Lot 1, 0|OCk K. PWi||et1 Subdivision. Thence continuing
west along the south property lines OfLots 1 through 10. Block N. K8i||ettSubdivision to
Vaughn Blvd. Then continuing west across Vaughn Blvd to the southeast corner VfLot
2. Block L' Mi\|ett Subdivision. Thence west 8|OnQ the south property lines of LViS 2, 3
and 4, Block L, K8\UeftSubdivisi0n. to the intersection with Lot 5, Block 16, Edna Bu[Chi||
Second Filing as recorded in Volume 1867, Page 524 of the Tarrant County deed
p8COndG. Thence north along the eastern property line of Lot 5. Block 10 Edna Bu[Chi||
Second Filing t0 its north property line. Thence west along the length of the north
property lines OfLots 5. 4, 3. 2. and 1. Block 18, Edna BurChU| Second Filing. Thence
south along the western property line ofLot 1. Block 16, Edna Burchi|| Second Filing to
Hanger Street. Thence northwest along Hanger Street tn the southeast corner of Lot 8.
Block 1, Polytechnic Heights South Addition, 88 F8COnded in Volume 2O4. Page 44Ofthe
Tarrant County plat P8CO[ds. Thence nOrth3|Ongthe eastern property line Of Lot 0.
Block | Polytechnic Heights South Addition to the platted but unCOn8t[VCt8d portion Of
Ada Street. Thence north across the platted but unconmtruCt8d portion of Ada Street to
the southeast corner of Lot 1, Block 8B' Avalon Heights Addiiion, as recorded in Volume
388-0. Page 387Vf the Tarrant County plat records. Thence north along the eastern
property line OfLots 1 through 6' Block 8B, AVG|On Heights Addition to the southeast
corner Of Lot 1, Block 118, Polytechnic Heights Subdivision as recorded in Volume 83,
Page 109Of the Tarrant County plat records. Thence west along the south property
lines of Lots 1 through Q. 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
VO|Vnle 388-16. Page 453 of the Tarrant CnUnh/ plat records. Thence VVeS1 8|OMg the
southern property line Of Lot B. Block 118 Polytechnic Heights Subdivision to McKenzie
Street. Thence north on McKenzie Street tOAvenue L. Thence west On Avenue LtD
Conner Avenue. Thence north On Conner Avenue tO the southeast corner Of Tract 105.
John Ringer Survey (Abstract 1286). as recorded in VD|unna 15030. Page 56 of the
Ordinance No. 20488'\i-2Ol2
Page 2 of 3
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 105, 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."
Ordinance No. 20488 -11 -2012
Page 3 of 3
Polvtechnic I Weslevan Neighborhood 1-mclowerment Zone
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, November D8.2012 REFERENCE NO.: G-17728
SUBJECT: LOG NAME: 17NEZPOLYTECHNICWESLEYANRENEW
Conduct Public Hearing, Adopt Resolution
Neighborhood Empowerment Zone and Adopt Ordinance to Redesignate the Polytechnic/Wesleyan Area
ao Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8 (COUNCIL DISTRICTS 5 and 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to redesignate the Polytechnic/Wesleyan area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 8;
2. Adopt the attached Resolution to redesignate the Polytechnic/Wesleyan area as a Neighborhood
Empowerment Zone; and
3. Adopt the attached ordinance tn redesignate the Polytechnic/Wesleyan area @s Fort Worth
Neighborhood Empowerment Reinvestment Zone No. O. pursuant b] the Texas Property Redevelopment
DISCUSSION: and Tax Abatement Act, Tax Code, Chapter 312.
(}n November 2G'2O02'(K4&CG- 3815)theCitvCouncUodomhadResnuUonNo. 2894to designate dhm
pV|vteohniC/VVeG|eyonanamasaNeighb0rhondEnnpovvenmerdZono(NEZ) ondmdOphndOrdinanooNV.
15344 which designated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone
The Polytechnic/Wesleyan NEZ has o population of8.589 persons and mnarea of 1.4938 square miles
and meets the following designation requirements under the City's NEZ policy:
* Promotes economic development;
*
The Polytechnic/Wesleyan NEZoreaia1OOperoentvvhhinthe Central City and 1OO percent within
�
Meets criteria for Reinvestment Zone designation 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 bea benefit tothe area and that would contribute ho the economic
development ofthe City.
Logname: LEYANR2NBW Pugclof2
The Polytechnic/Wesleyan NEZ anao. 8lmrefone, 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 on abatement ofmunicipal property taxes for properties in the NEZ. In order to
accomplish this, the PolytechnicfWesleyan 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 tobe located ina 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 orbm attract major invesJmnentinth8zonH(hatvwouNbeabenefithzthepnopedyand
contribute to the economic development ofthe 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 Polytechnic/Wesleyan NEZand renewing the Reinvestment Zone
designation in order to further promote development in the Polytechnic/Wesleyan area.
ThePo|vteohnic/VVes|eyan NEZonno is located in COUNCIL DISTRICTS 5ond 8.
CERTIFICATION: FISCAL INFORMATION I
The Financial Management Services Director certifies that this action will have nV material effect on City
CERTIFICATIONS: FUND CEN"rERS:
TO Fund/Accou nt/C enters
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa K6122\
JoyChapa (5804)
Sarah Odle (7316)
Cynthia Garcia (8187)