HomeMy WebLinkAboutOrdinance 19460-12-2010 ORDINANCE NO. 19460-12-2010
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY
OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 37, 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 19, 2009, by
Resolution No. 3742-05-2009 (M&C G-16572), 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 December 7, 2010, the City Council designated the 28th Street/
Meacham 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 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. 37 is
located within the 28th Street/Meacham Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No. 37 will promote the
creation of affordable housing in the zone and an increase in economic development in
the zone; and
WHEREAS, on December 7, 2010, 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 November 29, 2010, 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
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
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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 Chapter 312
of the Code.
Section 2.
DESIGNATION OF ZONE.
That the City Council hereby 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. 37, City of Fort Worth, Texas". The area within the Zone is eligible for residential
and commercial-industrial tax abatement pursuant to Resolution No. 3742-05-2009.
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 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.
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Section 5.
EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: December 7, 2010
APPROVED AS TO FORM AND LEGALITY:
By:
Charlene Sanders
Assistant City Attorney
M&C: G-17134
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ORDINANCE NO. 19460-12-2010
EXHIBIT A
28TH STREET/MEACHAM NEIGHBORHOOD EMPOWERMENT ZONE
&28TH STREET/MEACHAM NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 37
GENERAL DESCRIPTION
A parcel of land to be known as the "28th Street/Meacham" NEZ, and being more
particularly described by bounds as follows;
BEGINNING at the intersection of the centerline of Sylvania Avenue and Northeast
Twenty Eight Street;
THENCE westerly with said centerline of Northeast Twenty Eight Street, to its
intersection with the centerline of the main track of the Burlington Northern and Santa
Fe Railroad;
THENCE northerly with said centerline, to its intersection with the centerline of Decatur
Avenue;
THENCE northerly with said centerline, to its intersection with the centerline of
Northeast Thirty First Street;
THENCE westerly with said centerline, to its intersection with the centerline of Hampton
Street;
THENCE northerly with said centerline, to its intersection with the centerline of Long
Avenue;
THENCE easterly, northeasterly, and easterly with said centerline, to its intersection
with the centerline of Northeast Thirty Third Street;
THENCE northeasterly with said centerline, to its intersection with the centerline of
Deen Road;
THENCE northerly with said centerline, to its intersection with the centerline of Terminal
Road;
THENCE northwesterly and westerly with said centerline, to its intersection with the
centerline of Blue Mound Road;
THENCE northerly with said centerline, to its intersection with the centerline of
Meacham Boulevard;
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THENCE easterly with said centerline, to its intersection with the centerline of Interstate
Highway 35W;
THENCE southerly and southwesterly with said centerline, to its intersection with the
centerline of High Crest Avenue, projected westerly;
THENCE easterly with said projection, to and along said centerline, and to and along its
projection easterly, to its intersection with said centerline of Sylvania Avenue;
THENCE southerly with said centerline to the PLACE OF BEGINNING, and containing
some 2.5 square miles of land, more or less.
This description prepared in electronic format by Hans Kevin Hansen, Registered Professional Land
Surveyor, Number 4786, in May 2010.
"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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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1217/2010 . Res. No. 3944-12'2010& Ord. No. 19"0-1 2-
2010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: G-17134
LOG NAME: 17NEZ28THSTREET
SUBJECT:
Conduct a Public Hearing, Adopt a Resolution Designating the 28th Street/Meacham Area as a Fort Worth
Neighborhood Empowerment Zone and Adopt an Ordinance Designating the 28th Street/Meacham Area
as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 37 (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution designating the 28th Street/Meacham area as a Neighborhood
Empowerment Zone;
2. Conduct a public hearing concerning the designation of the 28th Street/Meacham area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 37; and
3. Adopt the attached ordinance designating the 28th Street/Meacham area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 37 pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On April 25, 2000, (M&C G-12897), and amended on October 4, 2005, (G-14947) the City
Council approved the Policy Statement on the Creation of Local Neighborhood Empowerment
Zone's (NEZ) in accordance with Chapter 378 of the Texas Local Govemment Code. The City
Council also authorized the City Manager to identify neighborhood areas that may be eligible for
NEZ designation and to develop administrative procedures for the NEZ Program.
The NEZ Administrative Procedures were adopted by the City Council on October 3, 2000, and
amended on May 15, 2007, to initiate improved program requirements. The procedures
included two methods by which a NEZ may be designated:
1. City Council designation; or
2. A neighborhood sponsor application process.
The boundaries of the proposed NEZ are:
• Meacham Boulevard on the north;
Logname: 17NEZ28THSTREET Page 1 of 2
• Hampton Street, Dean Road and Blue Mound Road on the west;
• Northeast 28th Street on the south; and
• Interstate Highway 35W and Sylvania Avenue east.
The proposed 28th Street/Meacham NEZ has a population of 5,647 persons, is 1.36 square
miles in size and meets the following designation requirements under the City's NEZ policy:
• Promotes the creation of quality affordable housing in the zone;
• Will bring about economic development in the zone;
• Is 100 percent within the Central City and 100 percent of the proposed NEZ area is
Community Development Block Grant (CDBG) eligible;
• Is considered distressed based on census data on population, socio-demographics and other
factors; and
• 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 be a benefit to the property and that would
contribute to the economic development of the City.
On June 8, 2010, the above recommendations were endorsed by the Housing and Economic
Development Committee.
The Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 37 and the
28th Street/Meacham NEZ are located in COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO F u nd/Accou nt/C enters FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by. Susan Alanis (8180)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Sarah Odle (7316)
Logname: 17NEZ28THSTREET Page 2 of 2