HomeMy WebLinkAboutOrdinance 19464-12-2010 ORDINANCE NO. 19464-12-2010
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY
OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 39, 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 Northside
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 Zone is located within the Northside Neighborhood
Empowerment Zone; and
WHEREAS, the Zone 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
expansion of primary employment or to attract major investment in the zone that
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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. 39, 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: �kcz
Charlene Sanders
Assistant City Attorney
M&C: G-17138
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ORDINANCE NO. 19464-12-2010
EXHIBIT A
NORTHSIDE NEIGHBORHOOD EMPOWERMENT ZONE
& NORTHSIDE NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 39
GENERAL DESCRIPTION
A parcel of land to be known as the "Northside" NEZ, and being more particularly described by
bounds as follows;
BEGINNING at the intersection of the centerline North Main Street, South Grand Avenue, and
the main track of the Fort Worth and Western Railroad;
THENCE northwesterly with said centerline of South Grand Avenue, to its intersection with the
centerline of Grand Avenue;
THENCE southwesterly with said centerline, to its intersection with the centerline of the
southwest lane of Circle Park Boulevard;
THENCE northwesterly with said centerline, to its intersection with the centerline of Northwest
Sixteenth Street;
THENCE northeasterly with said centerline, to its intersection with the centerline of Lee Avenue;
THENCE northwesterly with said centerline, to its intersection with the centerline of Northwest
Twentieth Street;
THENCE easterly with said centerline, to its intersection with the centerline of Houston Street;
THENCE northerly with said centerline, to its intersection with the centerline of Northwest
Twenty Sixth Street;
THENCE easterly with said centerline, to its intersection with said centerline of Ellis Avenue;
THENCE northerly with said centerline, to its intersection with the centerline of Northwest
Twenty Eight Street;
THENCE westerly with said centerline, to its intersection with the centerline of McKinley
Avenue;
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THENCE northerly with said centerline, to its intersection with the centerline of Northwest
Thirtieth Street;
THENCE easterly with said centerline, to its intersection with said centerline of
McKinley Avenue;
THENCE northerly with said centerline, to its intersection with the centerline of Northwest Thirty
First Street;
THENCE easterly with said centerline, to its intersection with said centerline of
North Houston Street;
THENCE northwesterly and northerly with said centerline, to its intersection with centerline of
Long Avenue;
THENCE easterly with said centerline, to its intersection with the centerline of Harding Street;
THENCE southerly with said centerline, to its intersection with the centerline of Northeast Thirty
Second Street;
THENCE easterly with said centerline, to its intersection with the centerline of Nichols Street;
THENCE southerly with said centerline, to its intersection with the centerline of Northeast
Twenty Ninth Street;
THENCE easterly with said centerline, to its intersection with the centerline of the main track of
the Burlington Northern and Santa Fe Railroad;
THENCE southerly with said centerline, to its intersection with the centerline of Northeast
Twenty Eighth Street;
THENCE easterly with said centerline, to its intersection with the centerline of Decatur Avenue;
THENCE southerly with said centerline, to its intersection with Northeast Twenty Third Street;
THENCE westerly with said centerline, to its intersection with said centerline of the main track of
the Fort Worth and Western Railroad;
THENCE southwesterly with said centerline to the PLACE OF BEGINNING, and containing
some 1.91 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'. 3948.12.2010 & Ord. No. 19464-12-
2010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: G-17138
LOG NAME: 17NEZNORTHSIDE
SUBJECT:
Conduct a Public Hearing, Adopt a Resolution Designating the Northside Area as a Neighborhood
Empowerment Zone and Adopt an Ordinance Designating the Northside Area as Neighborhood
Empowerment Reinvestment Zone No. 39 (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution designating the Northside area as a Neighborhood Empowerment Zone;
2. Conduct a public hearing concerning the designation of the Northside area as a Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 39; and
3. Adopt the attached ordinance designating the Northside area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 39 pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On April 25, 2000, Council approved 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 Government
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 Northside NEZ are:
• Northwest 31 st Street and Long Avenue on the north;
Logname: 17NEZNORTHSIDE Page 1 of 2
• Houston Street, Ellis Avenue and McKinley Avenue on the west;
• Circle Park Boulevard and Grand Avenue on the south; and
• Nichols Street, Decatur Avenue and the Fort Worth and Western Railroad on the east.
The proposed Northside NEZ has a population of 5,929 persons and is 1.93 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 is 100 percent of the proposed NEZ area is
Community Development Block Grant (CDBG) eligible;
• Contains the Historic Marine Urban Village;
• Is considered distressed based on census data on population, socio-demographic 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. 39 and the
Northside 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 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: 17NEZNORTHSIDE Page 2 of 2