HomeMy WebLinkAboutOrdinance 19462-12-2010 ORDINANCE NO. 19462-12-2010
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY
OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 7R, 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 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
Hemphill/Berry 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 7R ("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, the Neighborhood Empowerment Zone No. 7R 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;
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; and
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. 7R, 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.
SECTION 5.
EFFECTIVE DATE.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
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ADOPTED AND EFFECTIVE: December 7, 2010
APPROVED AS TO FORM AND LEGALITY:
By:
Charlene Sanders
Assistant City Attorney
M&C: G-17136
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ORDINANCE NO. 19462-12-2010
EXHIBIT A
HEMPHILL/BERRY NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 7R
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone No. 7R for tax abatement purposes contains 1.5 square miles of land and is and is
a parcel of land out of the Jeremiah Asbury Survey, Abstract Number 10, the Joshua N.
Ellis Survey, Abstract Number 463, the James F. Ellis Survey, Abstract Number 490,
the E. P. Parris Survey, Abstract Number 1222, the John Thornhill Survey, Abstract
Number 1519, the W. B. Tucker Survey, Abstract Number 1562, the Louis Wetmore
Survey, Abstract Number 1649, and the Lydia Jane Warwick Survey, Abstract Number
1663, and being more particularly described by bounds as follows;
Beginning at the intersection of the centerline of the Burlington Northern Rail Road,
formerly the Gulf Colorado and Santa Fe Rail Road, and the centerline of Paige Street;
Thence east along said centerline to its intersection with the west line of Lot 3, Block 3,
Hemphill Heights Addition;
Thence south to and along said line, and to and along the west line of Lot 14, of said
Block, and to and along the centerline of the included alley in Blocks 1 and 2 of Winston
Addition, to and along the centerline of the included alley in Blocks 4, 15, 21 and 32 of
South Hemphill Heights Addition, to it intersection with the south line of Lot 14 in said
Block 32;
Thence east with said line, to its intersection with the centerline of Jennings Avenue;
Thence south with said centerline to its intersection with the centerline of Berry Street:
Thence east with said centerline to its intersection with the centerline of Grove Street;
Thence south with said centerline to its intersection with the centerline of the centerline
of the Union Pacific Railroad, formerly the Houston and Texas Central Railroad;
Thence southeasterly with said centerline to its intersection with the centerline of
Interstate Highway 35W;
Thence south with said centerline, to its intersection with the centerline of Ripy Street;
Thence west with said centerline to its intersection with the centerline of Jones Street;
Thence south with said centerline, to its intersection with the centerline of Butler Street;
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Thence east with said centerline to its intersection with the centerline of Interstate
Highway 35W;
Thence south with said centerline, to its intersection with the centerline of Thornhill
Drive;
Thence west with said centerline, to its intersection with the West line of Block 12,
South Wayside Addition;
Thence south with said line, to and along the west lines of Blocks 13 and 9 of said
Addition, and to and along the west line of that certain tract of land out of said Thornhill
Survey, as described by deed recorded in Volume 11094, Page 1765, of the Deed
Records of Tarrant County, Texas, to its intersection with the centerline of Felix Street;
Thence west with said centerline, to its intersection with the centerline of the railroad
spur track serving the Federal Records Center;
Thence southwesterly and west with the most north branch of said spur track, to its
intersection with the centerline of Hemphill Street;
Thence north with said centerline, to its intersection with said centerline of Felix Street;
Thence west with said centerline, to its intersection with the west line of Lot 18, Block
32, Marquette Place Addition;
Thence north with said line to its intersection with the centerline of the alley between
Marquette Place Addition, and South Side Addition;
Thence west with said centerline to its intersection with the centerline of the north-south
alley in Block 36 of said South Side Addition;
Thence north to and along said centerline, and to and along the centerline of the north-
south alley in Blocks 33, 28, 25, 20, 17, 12, and 10, of said addition, to its intersection
with the centerline of Seminary Drive;
Thence west with said centerline to its intersection with the centerline of Henderson
Street;
Thence north with said centerline, to its intersection with the centerline of Flint Street;
Thence east with said centerline to its intersection with the centerline of College
Avenue;
Thence north with said centerline, to its intersection with the centerline of Flint Street;
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Thence east with said centerline to its intersection with the centerline of the north-south
alley in Block 3 of said South Side Addition;
Thence north to and along said centerline, and to and along the centerline of the north-
south alley in Block 2, to its intersection with the centerline of Bolt Street;
Thence west with said centerline to its intersection with the centerline of the alley in
Block 48 of South Fort Worth Addition;
Thence north to and along said centerline, and to and along the centerline of the north-
south alley in Block 41, to its intersection with the centerline of Drew Street;
Thence west with said centerline, to tits intersection with the centerline of Travis
Avenue;
Thence north with said centerline, to its intersection with the centerline of Fogg Street;
Thence east with said centerline, to its intersection with the centerline of the alley in
Block 32 of South Fort Worth Addition;
Thence north to and along said centerline, and to and along the centerline of the north-
south alley in Blocks 28, 21, of said Addition , and to and along the centerline of the
alley in Blocks 16,9 and 4 of Cameron Place, to its intersection with the centerline of
Biddison Street;
Thence west with said centerline to its intersection with the centerline of Henderson
Street;
Thence north with said centerline to its intersection with the centerline of Berry Street;
Thence west with said centerline to its intersection with the centerline of said centerline
of said Burlington Northern Railroad;
Thence north with said centerline to the place of beginning.
This description prepared in electronic format by Hans Kevin Hansen, RPLS#4786, in November 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 and
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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Berry/Hemphill NEZ -- Proposed Boundary Revision
RESOLUTION NO. 3946-12-2010 & ORDINANCE NO. 19462-12-2010
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r
Hemphill/Berry Urban Village
Prepared by:City of Fort Worth Housing and Economic Development Department, May 2010
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION,-.,'Approved on 12/712014 • Res. No. 3946-12-2910 &Ord. No. 19462.,12-,""
2,010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: G-17136
LOG NAME: 17NEZHEMPHILLBERRYREVISE
SUBJECT:
Conduct a Public Hearing, Adopt a Resolution Designating the Hemphill/Berry Area as a Neighborhood
Empowerment Zone and Adopt an Ordinance Designating the Hemphill/Berry Area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 7R (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution to designate the revised Hemphill/Berry area as a Neighborhood
Empowerment Zone; and
2. Conduct a public hearing concerning the designation of the revised Hemphill/Berry area as Fort
Worth Neighborhood Empowerment Reinvestment Zone No. 7R; and
3. Adopt an ordinance to designate the Hemphill/Berry area as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 7R pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312.
DISCUSSION:
On November 26, 2002, (M&C G-13813)the City Council adopted Resolution No. 2892 to designate the
Hemphill/Berry area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15342
which designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 7.
Staff recommends amending the boundary to remove a small portion on Seminary and Berry and adding
property from the Federal Depot for a future City project. The revised Hemphill/Berry 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 Hemphill/Berry NEZ has a population of 7,571 persons and an area of 1.5 square
miles. The proposed revised Hemphill/Berry 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 Hemphill/Berry NEZ area is 100 percent within the Central City and 89
percent within the Community Development Block Grant eligible areas; and
Logname: 17NEZHEMPHILLBERRYREVISE Page I of 2
. Meets the 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 area and that would contribute to the
economic development of the City.
The revised Hemphill/Berry 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 Hemphill/Berry 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 Hemphill/Berry NEZ area is located in COUNCIL DISTRICT 9.
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 bv: Susan Alanis (8180)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Sarah Odle (7316)
Logname: 17NEZHEMPHILLBERRYREVISE Page 2 of 2