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HomeMy WebLinkAboutOrdinance 20760-05-2013 ORDINANCE NO. 20760-05-2013 AN ORDINANCE RENEWING AND RE-DESIGNATING A CERTAIN AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE NO. 10, 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 21, 2013,by Resolution No. 4210- 05-2013 (M&C G-17904) as it may be amended from time to time, 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 May 27, 2003, the City Council designated the Woodhaven area as a Neighborhood Empowerment Zone by Resolution Number 2951-05-2003 (M&C G-13984) 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 May 20, 2008, the City Council re-designated the Woodhaven area as Neighborhood Empowerment Reinvestment Zone No. 10 by Ordinance Number 18102-05-2008 (M&C G-16153)l- and WHEREAS, on May 21, 2013, the City Council re-designated the Woodhaven 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 Neighborhood Empowerment Reinvestment Zone No. 10 is located within the Woodhaven Neighborhood Empowerment Zone; and WHEREAS, the Neighborhood Empowerment Zone No. 10 will promote the creation of affordable housing in the zone and an increase in economic development in the zone; and Ordinance No. 20760-05-2013 Page 1 of 3 WHERE AS. oo May 2l` 2013` the City Council held upub|iu bnudog 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 312.20 1(d) of the Code; and WHEREAS, notice of the Public Hearing was published in a newspaper of general circulation in the City on May 13, 2013, which nu|ixG*s the requirement of Section 312201(J)(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, iu accordance with Sections 3|2.20|(d)(2) and(e), notice ofthe Public Hearing was delivered in writing not later than the seventh day hofoo: the date of the public hearing to the presiding officer ofthe governing body of each taxing unit that includes iu its boundaries real property that iotobe included io 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 iof6nnuiiou before it regarding the establishment of the Zone and after ouuduoduQ the Public Ilcudog and uObnJing o 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 offact: 1.1. The statements and {aoio set forth io the recitals oC/6iy Ordinance are true and correct. T6ereDorn, the City has met the notice and procedural requirements established by the Code for creation of a reinvestment zone under Chapter 3l2of the Code; and 1.2. That the boundaries of the reinvestment zone shall be the boundaries as described in Exhibit"A" which im attached hereto and made u part hereof, 1,3, The Zone meets the criteria for the designation ofu reinvestment zone au set forth iu\/IC.A,Tax Code, Section 312.202' as amended, in that the area is reasonably likely as u »cau|t of the designation <o contribute to the retention or expansion nf primary employment or to attract major iuvcainueu( iu the zone that would 6eu benefit to the property and that would contribute to the economic development of the municipality. 1'4' Future improvements iothe Zone will benefit the land included io the Zone aa well aa the City for o period in *xueyx of ten (\O) years, which is the statutory maximum term ofany tax ubu(cnoeot agreement entered into under the Chapter 3l2of the Code. Ordinance No. 2O76O-05-20l3 Page of Section 2. RENEWAL AND RE-DESIGNATION OF ZONE. That the City Council hereby 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 oououmroio|-iodumthul tax uhutonunn1' as authorized by and in accordance with Chapter 3l2of the Code. The Zone shall be known ao "Neighborhood Empowerment Ilciuvcatoneot Zoom No. 10. City of Fort VVodb, Texas". The area within the Zone is eligible for residential and ouonnerciol-iuduxtdul tax abatement pursuant tu Resolution No. 42)0-O5-2013. 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 horenewed hy the City Council for one or more subsequent 1000y of five (5) years o«less. Section 4. SEVERABILlTY. That i[any portion, section oc part o[u section of this Ordinance is subsequently declared invalid, inoperative orvoid for any reason hyu court oC 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 hy such decision, opioiou*cjudgoout. Section 5. EFFECT' That this Ordinance shall take effect upon its adoption. AND I7IS SO ORDAINED. ADOPTED AND EFFECTIVE: May 21. 2013 APPROVED ASIOFORM AND LEGALITY: Ry. Melinda Ramos, Assistant City Attorney M66C: G-1.79}4 (]ndiouuoe No. 20760-05-2013 Page 3nF3 EXHIBIT A Fort Worth Neighborhood Empowerment Reinvestment Zone N�,_ 10 Woodhaven General Description The area 0obe re-designated ua Fort Worth Neighborhood Empowerment Reinvestment Zone No. lO for tax abatement purposes contains 1.5 square miles ofland and is within the area described below: On the North: Beginning otthe intersection of Interstate Highway 820 East and the northeast corner o[the 4.079 acre-Tract IA, VVN Ray Survey, Abstract&-|353' ao recorded in the Tarrant County Deed Rc000jo in Volume 14668 Page 3U3, thence west along the northern property line of said tract to the northeast corner of tract |F, Junueu F Redding Survey, Abstract A-1302, as recorded in the Tarrant County Deed Records in Volume|466Q` page 303, |benoc west along the northern property line of the said tract IF and tract |E 1m Handley-6dervi||c }td, thence cumt aocnoa Hand|cy-6derviIle Rd continuing uuut along the northern boundary of the Jumnoo F Redding Survey to the northwest corner of tract |C, James F Redding Survey, Abstract A-l353, south along the western property line of said tract |C to the northwest corner oftract |A, thence south along the western property line of said tract |/\ to Rundo| Mill Rd, thence across Nundo\ Mill Rd to the nudheuaz onno*c of lot 6y` Block 32` Sunset Oak Addition as recorded in the Tarrant County Plat Records in Volume 388-2A page 55, thence south along the western property line of lots 6&, 6P\' 5, 4r, and 7 0o the southwest corner oflot 7, thence west across the Onoor Electric Delivery Co. cumenzen1 to southeast corner of lot 18` Block 15, Woodhaven Country Club Estates oorecorded in the Tarrant County Plat Records in \/u|unno 388-76 page 13, thence north along the eastern property line o[ lots |8 through 2lU|ook 15 and lot l Block 19 of the Woodhaven Country Club Estates Subdivision to Randol Mill Rd, thence west along Randol Mill to the northwest corner of lot 70 Block 17, Woodhaven Country Club Estates subdivision, thence south along the western property line of lots 7O through 6| and then 56 through 46Block 16 to Cho||u Dr` thence west on Cbo||u Dr to the southeast corner of lot 45, Block 16, thence north along the western property line of lots 45 through 39 to the northwest corner oflot 39 Block 16, thence south along the property line of lots 38 through 30, Block 16 to the southeast corner of said lot 30` thence north along the eastern property line ufsaid lot 30 toCho||a Dr, thence along Chol]a Dr to northwest corner of lot 29 Block 16, thence south along the western property line of said lot 29 to its southwest corner, thence ouot along xuuihcru property |iuc of lot 29 and 28 to the northwest corner of lot 26` Block |6, thence south along the western property line of lot 26toits youtbvvcat corner, thence v/oyt along the northern property line of lots 25 1brouk 15 and 14}( to the uodhvvoat corner of lot 14}l Block 16, thence south along the western property line of lots 14[l' 13, and 12 Block 16 to the northwest corner of Block 14 B' Woodhaven Country Club Estates Subdivision as recorded in Tarrant County P|u1 Records in Volume 388-97 page 25, � Q� ^' thence east along the northern property Line of Block 14A and lot 7 Block 10, Woodhaven Country Club Subdivision as recorded in the Tarrant County Plat Records in Volume 388-56 page 33 to Oakmont Lane, thence north along Oakmont Lane to the southeast corner of lot 1 Block 22, Woodhaven Country Club Estates as recorded in the Tarrant County :Plat Records in Volume 388-61 Page 60, thence north along the eastern property line of lots 1 through 17 to the northwest corner of lot 1.7, thence south along the eastern property line of lots 17 through 20, thence west along the northern property line of lots 21 through 26 Block 22 to the northwest corner of lot 26, thence south along the western property line of lots 26 through 36 to Oakmont Lane, thence west along Oakmont Lane to the southeast corner of lot I Block 23, Woodhaven Country Club Estates as recorded in the"Carrant County Plat Records in Volume 388-61 Page 60,thence north along the eastern property line of lots I through 9 Block 23,to Oakmont Lane, thence north along Oakmont Lane to the southwest corner of TR 2H1, J F Redding Survey Abstract A-1302 as recorded in the Tarrant County Deed Records in Volume 14472 page 526, thence east along the southern property line of said tract to the southern property line of Tract 2H, J F Redding Survey Abstract A-1302 as recorded in the Tarrant County Deed Records in Volume 13341 page 470, thence east along the southern property line of Tract 2H and Lot 2 Block 1 of Riverchase Addition, and Tr 1 B, George W Main Survey Abstract A-A 1097 as recorded in the Tarrant County Deed Records in Volume 13521 Page 557 to Randol Mill Rd, thence west on Randol Mill. Rd to the northeast corner of tract 2H, thence south along the western property line of Tract 211 and Tract 2112 to the northwest corner of lot 10, Block 25 Woodhaven Country Club Estates Addition volume 388-61 Page 60, thence south along the western property line of lots 10 through 2 Block 25 to the northwest comer of lot 1 UR, Woodhaven Golf Villas, thence south on the western property line of lots I UR, 1 TR, 'IS, 1 R, IQ, 1 P, 10, IN, '1 M, IL, I K, 1 J, 11, I ER, ]DR, I C,R,to Oakmont Lane, thence east along Oakmont Lane to northwest corner of lot 23, Block 20, Havenwood Golf Villas Addition, thence south along the western property Line of lots 23 through 20, Havenwood Villas Addition,to the northwest corner of lot 28 Lot 1, Havenwood Golf Villas Addition, thence south along the western property line of lots 28 through 18 and 16R to the southwest corner of lot 16R,thence east along the southern property line of lots 16R and 15 through 4 , 3R,2R of Block 1, thence continuing north along the eastern property line of Lots 7, 6, 5, 1, Block 20 Woodhaven Country Club Estates to Oakmont Lane, thence south along Oakmont Lane to lot 16, thence west along the northern property line of lot 16 Block 9 to the northwest corner of lot 16, thence south along the western property line of lots 16 through I Block 9, Woodhaven Country Club Estates to the southeast corner of lot I Block 30, thence north along the eastern boundary of lot 1, Block 30 to the eastern side of lot Block ZR of Woodhaven Heights Addition, thence north along the eastern boundary line of the block ZR to the northeast corner of Block ZR, thence west along the northern property line of Block ZR to the northwest corner of Block ZR, thence south along the boundary of Block ZR to the southwest corner of Block 1R, thence south along the western boundary of lot 1R to the northwest corner of lot 39 Block 6, Woodhaven Country Club Estates, thence south along the property western property line of lots 39 through 30 to the southwest corner of lot 30, thence east to Country Club Lane, thence to the northeast corner of lot 28 Block 6, thence west along the northern property line of lots 28 through 22, thence north along eastern property line of lots 20B, 20A, 12, thence west along the northern property line of lots 12, 11, 10 to the northwest corner of lot 10, thence south along the western property line of lots 10, 9, 8, 7, 5, 4 to the southwest corner of lot 4 Block 6, thence west along the northern 2 property line of Block 1R to the southeast corner of lot 1 B, Block 36 Woodhaven Country Club Estates, thence north along the eastern property line of lots IB and IAR to the northeast corner of Block 36, thence west along the northern boundary of Block 36 to Woodhaven Blvd, thence north on Woodhaven Blvd to Randol Mill, thence west along Randol Mill to the northwest corner of Lakewood Village Condos Addition. On the West: Beginning from the northwest corner of Lakewood Villas Condos Addition, thence south along the western boundary of Lakewood Village Condos Addition, to the southwest corner of Lakewood Village Condos Addition, thence east along the southern boundary of Lakewood Village Condos Addition to the southeast boundary of Lakewood Village Condos Addition, thence south along western boundary of Lots 1, Block 35, Lots 4,413, 4A, and 5 of Block 34 to Bridge Street. On the South: Beginning at the southwest corner of lot 5 Block 34, Woodhaven Country Club Estates and Bridge St., thence east along Bridge Street to the intersection of Bridge St. and Oncor Electric Delivery Co. easement, thence south along the said electric easement to the frontage of Interstate Highway 30, thence east along the frontage of Interstate Highway 30 to the frontage of Interstate Highway 820East. On the East: Beginning at the intersection of Interstate Highway 30 and Interstate Highway 820, thence north to Randol Mill Rd to the point of beginning. 3 Woodhaven Neighborhood Empowerment Zone . . JACK NEWELL Bd psi"'iii' �✓�U�1�%7�*m /✓�'` �i�mi��r �t A _. 4�JDR 1a' j4 — LB I 'P VI�TAWI W X00 ! R, t _ rANA-LN L� �1 -� Pb�R �►OD,LN �N O 5 W � ` l r 4 r 0���OAKMONT LN i -OAK V IEVW'DR BOCARATON BLVD © 1 r to WOODS o I I� N OREWWOOD STAi`� �,RD 'C RR1NGTON PL ORS X/ r Q� FtN41AENSWOy•OR 2 '! �i4 9 EN_.A,b1 fin? A2�Tf C 4, BR6&rW OObR__OR BLUER'I't? ' CaE.- C�KWlLb-RE7+- ENT-NVOOE}- Legend N Prepared On:December 16,2010 COPYRIGHT 3110 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS, THIS DATA 15 TO BE USED FOR AGRAPHICAL REPRESENTATION ONLY THE ACCURACY IS NOT TO SE TAKEN I Neighborhood Empowerment Zone USED AS DATA PRODUCED FOR ENGINES RING PURPOSES OR BY A REGISTER®PROF FSSIONA LAND SURVEYOR.THE CITY OF FORT WORTH ASSUMES NO RESPON SIBILITY FOR THE ACCURACY OF SAID DATA Urban Village Miles FoRTWORIH. Park 0 0.25 0.5 „ py City of Fort Worth, Texas Mayor and Council Communication COUNClL A TIO Approved on 5/21/2013 - Resolution Nay 4214-05-2413 andi,,Oedli'nanc , Na,2076;0-X15.2013 n mwm!aiiaozmwm^mumwwniiawmmimiumom!imwuwwwwixuwrvNiw,wwrvwnawwwwwmwmunHwwwa;ouuiu^nnve;nmmnwamn¢ea�rumimumwi�uwortrmwwirtu:;wwmuurssmmmaiumwammnwamaiurwmoiwmNmew,wuunwwmxivmm,wmmrvwnwuoioora.iwuxrmmuwiprvnuwnusuwauwwwiwawm¢iu�uouwioumioiommnww.w.uxivoioimimw,wn,mmw.wsww. vw,u�,uimummummmiooummiommwmwouowwmmmmuuuuuuuuuuuuuuuumw DATE: Tuesday, May 21, 2013 REFERENCE NO.: G-17904 LOG NAME: 17NEZWOODHAVENRENEW SUBJECT: Conduct a Public Hearing, Adopt Resolution Redesignating the Woodhaven Area as a Neighborhood Empowerment Zone and Adopt Ordinance to Redesignate the Woodhaven Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 10 (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution to redesignate the Woodhaven area as a Neighborhood Empowerment Zone; 2. Conduct a public hearing to redesignate the Woodhaven area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 10; and 3. Adopt the attached ordinance to redesignate the Woodhaven area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 10, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. DISCUSSION: On May 27, 2003, (M&C G-13984)the City Council adopted Resolution No. 2951 to designate the Woodhaven area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15570 which designated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 10. The Woodhaven NEZ has a population of 9,335 persons and an area of 1.5 square miles and 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; • The Woodhaven NEZ area is 96 percent within the Central City and 96 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. Logname: 17NEZWOODHAVENRENEW Page 1 of 2 The Woodhaven NEZ area, therefore, meets all the requirements for NEZdesignation. One of the incentives a municipality can provide in a NEZ, according to Chapter 378 of the Texas Local Government Code, is an abatement o[municipal property taxes for properties in the NE3. |n order to accomplish this, the Woodhaven 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 mn abatement tobe located ina Reinvestment or Enterprise Zone. The proposed area meets the criteria for the designation ofa Reinvestment Zone because the area is reasonably likely, 000result of the designation, tV contribute to the retention or expansion Vfprimary employment O[t0 attract major investmentinthezVne that would beabenefit to the property and contribute b» the economic development of the municipality. Further, future improvements inthe zone will beo benefit to the City after any Tax Abatement Agreements have expired. The designation ofa Reinvestment Zone expires after five years and may be renewed for periods not to exceed five years. Staff recommends reclesignating the Woodhaven NEZ and renewing the Reinvestment Zone designation in order to further promote development in the Woodhaven area. The Woodhaven NEZ area in located in COUNCIL DISTRICT 4. �� ......���������������� CERTIFICATION:FISCAL INFORMATION / The Financial Management Services Director certifies that this action will not increase the total appropriations on City funds. FUND CENTERS:TO Fundl/AccountfCenters FROM Fund/Account/Centers Submifted for City Manager's Office by: Fernando Costa (0122) Originating Department Head: Cynthia B. Garcia (8187) Additional Information Contact: Sarah Odle (7316)