HomeMy WebLinkAboutOrdinance 19461-12-2010 ORDINANCE NO. 19461-12-2010
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY
OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 9R, 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 of
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 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 December 7, 2010, the City Council designated the revised
Historic Handley 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, on December 7, 2010, the City Council held a public hearing
regarding the designation of the Zone as Neighborhood Empowerment Reinvestment
Zone No. 9R ("Public Hearing"); and
WHEREAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City on November 29, 2010; 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, Neighborhood Empowerment Zone No. 9R 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 establishment 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 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
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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. 9R, 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 be established upon December 7, 2010, 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.
EFFECTIVE DATE.
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: nAA�
Charlene Sanders
Assistant City Attorney
M&C: G-17135
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ORDINANCE NO. 19461-12-2010
EXHIBIT A
HISTORIC HANDLEY NEIGHBORHOOD EMPOWERMENT ZONE
$ HISTORIC HANDLEY NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 9R
GENERAL DESCRIPTION
The area to be re-designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone No. 9 for tax abatement purposes contains 1.27 square miles of land and is within
the area described below:
On the North: Beginning at the intersection of Weiler Boulevard and Meadowbrook
Drive, thence east along Meadowbrook Drive, to the intersection of Meadowbrook Drive
and the southbound frontage road of Interstate Highway 820 East, thence south along
the southbound frontage road of Interstate Highway 820 East to the intersection with
Craig Street, thence east along Craig Street to its intersection with Sandy Lane.
On the East: Beginning at the intersection of Craig Street and Sandy Lane, thence
south along Sandy Lane to its intersection with Buttercup Lane, thence continuing east
on Buttercup Lane to its intersection with Boswell Drive, thence south along Boswell
Drive to its intersection with East Lancaster Avenue, thence continuing directly west
along East Lancaster Avenue to the intersection with Rosehill Street, thence south
across East Lancaster Avenue to the Union Pacific Railroad right-of-way, thence
continuing directly south across the Union Pacific Railroad right-of-way to the city limits
of Arlington, also being a point on the southern boundary of the Union Pacific Railroad
right-of-way, thence west along said southern boundary of the Union Pacific Railroad
right-of-way, to a point that is the boundary line of the city limits of Fort Worth and the
city limits of Arlington, thence south along the boundary line of the city limits of Fort
Worth and Arlington to its intersection with East Rosedale Street.
On the South: Beginning at the intersection of the joint boundary line of the city limits
of Fort Worth and Arlington and East Rosedale Street, thence west along East
Rosedale Street to its intersection with the northbound frontage road of Interstate
Highway 820 East, thence north along the northbound frontage road of Interstate
Highway 820 East to the intersection with the northern boundary of the Union Pacific
Railroad right-of-way, thence west along said northern boundary of the Union Pacific
Railroad right-of-way to the intersection with Weiler Boulevard.
On the West: Beginning at the intersection of the northern boundary of the Union
Pacific Railroad right-of-way and Weiler Boulevard, thence north along Weiler
Boulevard, to East Lancaster Avenue, thence west along East Lancaster Avenue to the
continuation of Weiler Boulevard, thence north along Weiler Boulevard, to the point of
beginning.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 1217/2010 -Amendment is Highlighted in
Yellow, Res. No. 3945-12-2010 & Ord. No. 19461-12-2010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: G-17135
LOG NAME: 17NEZHANDLEYREVISE
SUBJECT:
Conduct a Public Hearing, Adopt a Resolution Designating the Historic Handley Area as a Neighborhood
Empowerment Zone and Adopt an Ordinance for Boundary Change and Designating the Historic Handley
Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 9R (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution to designate the revised Historic Handley area as a Fort Worth
Neighborhood Empowerment Zone; and
2. Conduct a public hearing concerning the designation of the revised Historic Handley area as Fort
Worth Neighborhood Empowerment Reinvestment Zone No. 9R; and
3. Adopt an ordinance to designate the Historic Handley area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 9R pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On May 27, 2003, (M&C G-13983) the City Council adopted Resolution No. 2950 to designate the Historic
Handley area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15569 which
designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 9.
Staff recommends amending the boundary to add additional property along Lancaster Avenue that is
ready for redevelopment. The revised Historic Handley NEZ area was presented to the Housing and
Economic Development Committee at the June 8, 2010 meeting and the Housing and Economic
Development Department was directed to move forward.
The proposed revised Historic Handley NEZ has a population of 3,202 persons and an area of 1.48
square miles. The proposed revised Historic Handley NEZ meets the following designation requirements
under the City's NEZ policy:
• Promotes economic development;
• Has a total area of no more than 1.5 square miles;
• The proposed revised Historic Handley NEZ area is 36 percent within the Central City and 88
percent within the Community Development Block Grant eligible areas; 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
Logname: 17NEZHANDLEYREVISE Page 1 of 2
investment in the zone that would be a benefit to the area and that would contribute to the economic
development of the City.
The revised Historic Handley 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 revised Historic Handley 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 a newspaper of general circulation 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.
The current revised 1IermphiWBerfy Historic Handley NEZ area is located in COUNCIL DISTRICT 5.
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/Centers 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: 17NEZHANDLEYREVISE Paee 2 of 2