HomeMy WebLinkAboutOrdinance 19466-12-2010 ORDINANCE NO. 19466-12-2010
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY
OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 15R, 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 Trinity Park
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 15R ("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. 15R 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 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. 15R, 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 FORM AND LEGALITY:
t
By: �
Charlene Sanders
Assistant City Attorney
M&C: G-17141
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ORDINANCE NO. 19466-12-2010
EXHIBIT A
TRINITY PARK NEIGHBORHOOD EMPOWERMENT ZONE
&TRINITY PARK NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 15R
GENERAL DESCRIPTION
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone No. 15R for tax abatement purposes contains 0.56 square miles of land and is a
parcel of land out of the William Russell Survey, Abstract Number 15R1, the Richard
Crawley Survey, Abstract Number 313, the Adolphe Gouhenant Survey, Abstract
Number 582, and the Archibald Robinson Survey, Abstract Number 1289, and being
more particularly described by bounds as follows;
Beginning at the intersection of the centerline of North University Drive and the north
right-of-way of Shamrock Street;
Thence: northeasterly to the southwest corner of Block 12, of Bailey's Industrial
Addition;
Thence: north to the northwest corner of said Block 12;
Thence: northeasterly with the northwesterly line of said Block, and generally with the
south toe of bank of the levee system of the West Fork of the Trinity River, to and along
the northwesterly line of Block 13, of said Addition, to its intersection with the centerline
of Henderson Street;
Thence: southeasterly with said centerline, to the southeasterly line of the remainder of
Block 23 of Evans Pearson Westwood Addition;
Thence: southwesterly with the southeast line of said Block, and generally with the
north toe of bank of the levee system of the Clear Fork of the Trinity River, to and along
the southeast line of the remainder of Block 2s of said Addition, and to and along the
southeast line of Block 17R of said Addition, to its intersection with the centerline of
Arthur Street;
Thence: south with said centerline, to its intersection with the centerline of Dakota
Street;
Thence: west with said centerline, to its intersection with the centerline of Harold
Avenue;
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Thence: north with said centerline, to its intersection with the centerline of Kansas
Street;
Thence: west with said centerline, to its intersection with the southeast right-of-way of
the Saint Louis, San Francisco, and Texas Railroad;
Thence: southwesterly with said right-of-way, to its intersection with the north line of
Montgomery Plaza Addition;
Thence: west with said north line to its intersection with the centerline of Carroll Street;
Thence: south with said centerline, to its intersection with the centerline of Merrimac
Street;
Thence: west with said centerline, to its intersection with the west line of Lot 16, Block
14, Linwood Addition;
Thence: south with said line, to the original south line of said Block;
Thence: east with said line, to the northwest corner of Lot 22, of said Block;
Thence: south with the west line of said Lot, to its intersection with the centerline of
West 5th Street;
Thence: west with said centerline, to its intersection with the centerline of Foch Street;
Thence: south with said centerline, to its intersection with the centerline of West 6th
Street;
Thence: west with said centerline, to its intersection with the centerline of Norwood
Street;
Thence: north with said centerline, to its intersection with the centerline of West 5th
Street;
Thence: west with said centerline, to its intersection with the centerline of North
University Drive;
Thence: north with said centerline, the point of beginning.
This description created in electronic format by Hans Kevin Hansen, Registered Professional Land
Surveyor, Number 4786, on September 14, 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 political
subdivision for which it was prepared."
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION#.. Approved on 12/712010 . Res. No. 3950612-2010 & Ord. No. 19466-12-.
2010'
DATE: Tuesday, December 07, 2010 REFERENCE NO.: G-17141
LOG NAME: 17NEZTRINITYPARKREVISE
SUBJECT:
Conduct a Public Hearing, Adopt a Resolution, Designating the Trinity Park Area as a Neighborhood
Empowerment Zone and Adopt an Ordinance for Boundary Change and Designating the Trinity Park Area
as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 15R (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution to designate the revised Trinity Park area as a Neighborhood
Empowerment Zone; and
2. Conduct a public hearing concerning the designation of the revised Trinity Park area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 15R; and
3. Adopt an ordinance to designate the Trinity Park area as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 15R pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312.
DISCUSSION:
On January 27, 2004, (M&C G-14222)the City Council adopted Resolution No. 3039 to designate the
Trinity Park area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15841 which
designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 15. The NEZ
and FWNERZ was reduced on June 29, 2004 to remove the Montgomery Plaza area (M&C G-14409,
Resolution No. 3100 and Ordinance No. 16013).
Staff recommends amending the boundary to remove the area South of Kansas Street and adding
property North to the boundary of the Trinity River. The revised Trinity Park 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 Trinity Park NEZ has a population of 890 persons and an area of 0.56 square
miles. The proposed revised Trinity Park 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: 17NEZTRINITYPARKREVISE Page I of 2
• The proposed revised Trinity Park NEZ area is 100 percent within the Central City and 99 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 Trinity Park 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 Trinity Park 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 Trinity Park 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: 17NEZTRINITYPARKREVISE Page 2 of 2