HomeMy WebLinkAboutOrdinance 19467-12-2010 ORDINANCE NO. 19467-12-2010
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 24, 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 April 19, 2005, the City Council designated the
Wedgwood Square as a Neighborhood Empowerment Zone by Resolution
Number 3192-04-2005 (M&C G-14760) 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 April 19, 2005, the City Council designated the
Wedgwood Square as Neighborhood Empowerment Reinvestment Zone No. 24
by Ordinance Number 16382-04-2005 (M&C G-14760); and
WHEREAS, in accordance with Chapter 312.203 of the Code, the
designation of a reinvestment zone for residential or commercial-industrial tax
abatement expires five years after the date of the designation; and
WHEREAS, the Zone expired on April 18, 2010, and the City Council
wishes to reestablish the Zone for a period of five years; and
WHEREAS, on December 7, 2010, the City Council held a public hearing
regarding the renewal of the Zone ("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 Zone No. 24 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:
2
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 renewal of a reinvestment
zone under Chapter 312 of the Code;
1.2. 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.
3
SECTION 2.
RENEWAL AND RE-DESIGNATION OF ZONE.
That the City Council hereby renews and re-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 continue to
be known as "Neighborhood Empowerment Reinvestment Zone No. 23, 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 renewed 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.
4
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:
Charlene Sanders
Assistant City Attorney
M&C: G-17142
5
ORDINANCE NO. 19467-12-2010
EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 24
Wedgwood Square
General Description
BEGINNING at the intersection of the northwesterly right-of-way of Granbury
Road, with the southwesterly curb line of the service road of Interstate Highway
20, also known as Loop 820;
THENCE: with said curb line, southeasterly to its intersection with the east right-
of-way of Trail Lake Drive produced north;
THENCE: southerly, and southwesterly, to and along said right-of-way of Trail
Lake Drive, to its intersection with the east right-of-way of Woodway Drive;
THENCE: southerly with said right-of-way of Woodway Drive, to its intersection
with the south right-of-way of Walton Avenue;
THENCE: westerly with said right-of-way of Walton Avenue, to its intersection
with the east right-of-way of Wedgmont Circle;
THENCE: southwesterly with said right-of-way of Wedgmont Circle, to its
intersection with the southwest right-of-way of Welch Avenue;
THENCE: northwesterly with said right-of-way of Welch Avenue, to its
intersection with said northwesterly right-of-way of Granbury Road;
THENCE: northwesterly with said right-of-way of Granbury Road, to the place of
beginning.
This description created in electronic format by Hans Kevin Hansen, Registered Professional
Land Surveyor, Number 4786, in January 2005.
"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
6
by the creation or reconfiguration of the boundary of the political subdivision for
which it was prepared."
7
ORDINANCE NO. 19467-12-2010
March 11, 2005-Housing Dept. Wedgwood Square NEZ P
y Cl.
BARWIC 9
FARR S y
T
o z CHICO �Qy ��. S <p0A h,/y aru
2 tiQ
> w 0 z h'e G,R c'
a v
d y () U
3 `�O
vp
NNO E
wP y �0 WONDER h
NGROV� C0 O�
NAG 'li
q WOOTEN
F�
G,P
9
FAWN
WEDGWAY
EVEREST
�q,Q! WOSL Y
r
z O
C� s' 3 WHART'
ON
3
Z,
a
wRF/y WREN
S
WAV
GLENMONT
P �
WAYLAND
WILF(IE
y
FENTON
E u f R MINOT ----
O� ,
DG O � ��
J��E
2,� ONT Q
t
W 3
- _ a
ASHFORD
WIMBIETON O l
s i j
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/7/2010 - Ord'. Nay. 19467-12-2010
DATE: Tuesday, December 07, 2010 REFERENCE NO.: G-17142
LOG NAME: 17NEZWEDGWOOD
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance Concerning Renewal of the Wedgwood Square
Neighborhood Empowerment Reinvestment Zone No. 24 (COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing concerning the renewal of the Wedgwood Square area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 24; and
2. Adopt the attached ordinance which designates the renewal of Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 24, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312.
DISCUSSION:
On April 19, 2005, (M&C G-14760)the City Council adopted Resolution No. 3192 to designate the
Wedgwood Square area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No.
16383 which designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 24.
According to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312, the
designation of a reinvestment zone for residential or commercial-industrial tax abatement expires five
years after the date of the designation and may be renewed for periods not to exceed five years.
The current ordinance designating FWNERZ No. 24 expired on April 18, 2010, and must be renewed in
order for the City of Fort Worth to be eligible to participate in the NEZ tax abatement authorized by
Chapter 312.
According to State law, in order to adopt the attached ordinance for renewal, five members of the City
Council must vote in favor of adoption.
FWNERZ No. 24 and the Wedgwood Square NEZ are located in COUNCIL DISTRICT 6.
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
Logname: 17NEZWEDGWOOD Page 1 of 2
CERTIFICATIONS:
Submitted for City Manager's Office b� Susan Alanis (8180)
Originating Department Head: Jay Chapa (6192)
Additional Information Contact: Sarah Odle (7316)
Logname: 17NEZWEDGWOOD Page 2 of 2