HomeMy WebLinkAboutOrdinance 19465-12-2010 ORDINANCE NO. 19465-12-2010
AN ORDINANCE DESIGNATING A CERTAIN AREA IN
THE CITY OF FORT WORTH AS "NEIGHBORHOOD
EMPOWERMENT REINVESTMENT ZONE NO. 8R, 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 Number 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 Rolling Hills
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 revised Rolling Hills Area Zone as Neighborhood
Empowerment Reinvestment Zone No. 8R ("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. 8R will
promote the creation of affordable housing in the Zone and an increase in economic
development in the Zone; and
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. 8R, 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 designated on 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: ol�&L:2��
Charlene Sanders
Assistant City Attorney
M&C: G-17139
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ORDINANCE NO. 19465-12-2010
EXHIBIT A
ROLLING HILLS NEIGHBORHOOD EMPOWERMENT ZONE
& ROLLING HILLS NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 8111
GENERAL DESCRIPTION
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone No. 8R for tax abatement purposes contains 2.49 square miles of land and is a
parcel of land out of the John Collett Survey, Abstract Number 260, the Louis Cahen
Survey, Abstract Number 290, the Robert Gillaster Survey, Abstract Number 619, the
Samuel B. Hopkins Survey, Abstract Number 669, the William Hicks Survey, Abstract
Number 694, the George W. Hartzog Survey, Abstract Number 697, the James Hute
Survey, Abstract Number 799, the S. P. Loving Survey, Abstract Number 943, the
William R. Loving Survey, Abstract Number 948, the Elijah Rogers Survey, Abstract
Number 1292, the Alfred Stinson Survey, Abstract Number 1413, the Samuel Woody
Survey, Abstract number 1638, the Louis Wetmore Survey, Abstract Number 1649, and
the Juan Armendaris Survey, Abstract Number 1768, and being more particularly
described by bounds as follows:
Beginning at the intersection of the centerline of Interstate Highway 1-35W with the
centerline Glen Garden Drive;
Thence south with said centerline of said Highway, to its intersection with the centerline
of the Union Pacific Railroad, formerly the Houston and Texas Central Railroad;
Thence southeasterly and south with said centerline to its intersection with the
projection of the south line of Block 29 of Weisenberger Sunny Hill Garden Addition;
Thence west, to and along said line to its intersection with the centerline of Joe Frazier
Street;
Thence south with said centerline to its intersection with the centerline of Blodgett
Avenue;
Thence west with said centerline to its intersection with the east line of Block C of
Vallejo Park Addition;
Thence south with said line, to and along the east line of Block D of said Addition, to its
southeast corner, and being in the north line of Block 7 of Carter Park Addition;
Thence east with said north line, to the centerline of Carter Park Lane;
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Thence southerly with said centerline, to its intersection with the centerline of Seminary
Drive;
Thence east with said centerline, to its intersection with the centerline of Sycamore
Creek;
Thence southerly with said centerline, to its intersection with the projection of
southeasterly line of Sycamore Creek Addition, which is also the west boundary of
Carter Park, according to the map on file at the City of Fort Worth, Survey Division, File
Number E-325A;
Thence southeasterly to and along said boundary, with its meanders to its intersection
with the centerline of the Union Pacific Railroad, formerly the International and Great
Northern Railroad;
Thence southeasterly with said centerline, to its intersection with the centerline of
Interstate Highway 20, also know as Loop 820;
Thence southeasterly with said centerline, to its intersection with the centerline of
Campus Drive;
Thence northwesterly and north with said centerline to its intersection with the centerline
of Seminary Drive;
Thence east with said centerline, to its intersection with the centerline of Old Mansfield
Road;
Thence northwesterly, north, and northwesterly with said centerline to its intersection
with said centerline of Glen Garden Drive;
Thence west with said centerline to the Point 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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Rolling Hills NEZ -- Proposed Boundary Revision
RESOLUTION NO. 3949-12-2010 & ORDINANCE NO. 19465-12-2010
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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 1217/2010 - Res. No. 3949-12-2010 & Ord. No. 19465-12-
2010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: G-17139
LOG NAME: 17NEZROLLINGHILLSREVISE
SUBJECT:
Conduct a Public Hearing, Adopt a Resolution Designating the Rolling Hills Area as a Neighborhood
Empowerment Zone and Adopt an Ordinance for Boundary Change and Designating the Rolling Hills Area
as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8R(COUNCIL DISTRICTS 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution to designate the revised Rolling Hills area as a Neighborhood
Empowerment Zone; and
2. Conduct a public hearing concerning the designation of the revised Rolling Hills area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 8R; and
3. Adopt an ordinance to designate the Rolling Hills area as Forth Worth Neighborhood Empowerment
Reinvestment Zone No. 8R pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312.
DISCUSSION:
On January 21, 2003, (M&C G-13862) the City Council adopted Resolution No. 2908 to designate the
Rolling Hills area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15411 which
designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 8.
Staff recommends extending the boundary to the North East to 1-35 and removing the area west of Carter
Park. The revised Rolling Hills 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 Rolling Hills NEZ has a population of 5,725 persons and an area of 2.49 square
miles. The proposed revised Rolling Hills NEZ meets the following designation requirements under the
City's NEZ policy:
• Promotes economic development;
• Has a total population of no more than 6,000 persons;
• The proposed revised Rolling Hills NEZ area is 100 percent within the Central City and 84 percent
within the Community Development Block Grant eligible areas; and
Logname: 17NEZROLLINGHILLSREVISE 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 Rolling Hills 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 Rolling Hills 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 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 Rolling Hills NEZ area is located in COUNCIL DISTRICTS 8 and 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: 17NEZROLLINGHILLSREVISE Page 2 of 2