HomeMy WebLinkAboutOrdinance 19463-12-2010 ORDINANCE NO. 19463-12-2010
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY
OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 5R, 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 Magnolia
Village 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 Magnolia Village Neighborhood Empowerment Zone as
Neighborhood Empowerment Reinvestment Zone 5R ("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 Reinvestment Zone No. 5R 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
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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
maximum term of any tax abatement agreement entered into under the 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. 5R, 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.
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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.
ADOPTED AND EFFECTIVE: December 7, 2010.
APPROVED AS TO F M AND LEGALITY:
By:
Charlene Sanders
Assistant City Attorney
M&C: G-17137
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ORDINANCE NO. 19463-12-2010
EXHIBIT A
MAGNOLIA VILLAGE NEIGHBORHOOD EMPOWERMENT ZONE
&MAGNOLIA VILLAGE NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No.5R
GENERAL DESCRIPTION
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone No. 5R for tax abatement purposes contains 1. 5 square miles of land and is
within the area described by bounds below:
Beginning at the intersection of Henderson Street and the back of the north walk of the
eastbound service road of Interstate 30 West;
Thence east along the back of the north walk of the eastbound service road of
Interstate 30 West, to its intersection with the Union Pacific Rail Road;
Thence south with said railroad to its intersection with Page Street;
Thence west with said Street, to its intersection with Lipscomb Street;
Thence north with said Street, to its intersection with Richmond Avenue;
Thence west with said Avenue, to its intersection with Henderson Street;
Thence north with said Street, to its intersection with Richmond Avenue;
Thence west with said Avenue, to its intersection with 5th Avenue;
Thence north with said Avenue, to its intersection with Park Place;
Thence west with Park Place, to its intersection with 6th Avenue;
Thence north with said Avenue, to its intersection with Allen Avenue;
Thence west with said Avenue, to its intersection with 8th Avenue;
Thence north with said Avenue, to its intersection with Mistletoe Boulevard;
Thence west with said Boulevard, to its intersection with Beckham Place;
Thence northeast with Beckham Park Place, to its intersection with 121h Avenue;
Thence north with said Avenue, to its intersection with Rosedale Street;
Thence east with said Street, to its intersection with Henderson Street;
Thence north with said Street, to its intersection with Dashwood Street;
Thence east with said Street, to its intersection with College Avenue;
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Thence north with said Avenue, to its intersection with Cannon Street;
Thence west with said Street, to its intersection with Henderson Street;
Thence north with said Street, to the Place of Beginning, and containing some 1.5
square miles of land, more or less.
This description created in electronic format by Hans Kevin Hansen, Registered Professional Land
Surveyor, Number 4786, on March 15, 2010.
All calls are with the centerline, unless otherwise described.
"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
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12{7{201 a' '- Fees, NOI,3947-12-2010 & Ord. No. 19463-12=
201 E,, s
DATE: Tuesday, December 07, 2010 REFERENCE NO.: G-17137
LOG NAME: 17NEZMAGNOLIAREVISE
SUBJECT:
Conduct a Public Hearing, Adopt a Resolution Designating the Magnolia Village Area as a Neighborhood
Empowerment Zone and Adopt an Ordinance for Boundary Change and Designating the Magnolia Village
Area as a Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment
Zone No. 5R (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution to designate the revised Magnolia Village area as a Neighborhood
Empowerment Zone; and
2. Conduct a public hearing concerning the designation of the revised Magnolia Village area as Fort
Worth Neighborhood Empowerment Reinvestment Zone No. 5R; and
3. Adopt an ordinance to designate the Magnolia Village area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 5R pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On November 26, 2002, the City Council approved M&C G-13814, which adopted Resolution No. 2893 to
designate the Magnolia Village area as a Neighborhood Empowerment Zone (NEZ) and adopted
Ordinance No. 15343 which designated Fort Worth Neighborhood Empowerment Reinvestment Zone
(FWNERZ) No. 5.
Staff recommends amending the boundary to include property on South Hemphill in order to stimulate
development in the Hemphill Corridor. The revised Magnolia Village 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 Magnolia Village NEZ has a population of 6,453 persons and an area of 1.5 square
miles. The proposed revised Magnolia Village 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;
Logname: 17NEZMAGNOLIAREVISE Page 1 of 2
• The proposed revised Magnolia Village NEZ area is 100 percent within the Central City and 95
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
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 Magnolia Village 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 Magnolia Village 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.
The current revised Magnolia Village 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 by: Susan Alanis (8180)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Sarah Odle (7316)
Logname: 17NEZMAGNOLIAREVISE Page 2 of 2