HomeMy WebLinkAboutOrdinance 20882-08-2013 ORDINANCE NO. 20882-08-2013
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. It, 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 May 21, 2013, by Resolution
No.4209-05-2013 (M&C G-17901), 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 August 19, 2003, the City Council designated the Riverside area as a
Neighborhood Empowerment Zone by Resolution Number 2984-08-2003 (M&C G-14059) 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 August 5, 2008, the City Council re-designated the Riverside area as
Neighborhood Empowerment Reinvestment Zone No. 11 by Ordinance Number 18215-08-2008
(M&C G-16227); and
WHEREAS, on August 20, 2013, the City Council re-designated the Riverside 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
Ordinance No.20882-08-2013
Pagel of
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. 11 is located
within the Riverside Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No. 11 will promote the creation of
affordable housing in the zone and an increase in economic development in the zone; and
WHEREAS, on August 20, 2013, 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 August 12, 2013, 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
Ordinance No. 20882-08-2013
Page 2 of 4
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 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.
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 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. 11, City of Fort Worth, Texas". The area
within the Zone is eligible for residential and commercial-industrial tax abatement pursuant to
Resolution No. 4209-05-2013.
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 be renewed by the City Council for one or more subsequent
terms of five (5) years or less.
Ordinance No. 20882-08-2013
Page 3 of 4
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.
EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
APPROVED AS TO FORM AND LEGALITY:
BY:
Melinda Ramos Mary J. K er
Assistant City Attorney City Secretary
M&C: G-17985
ADOPTED AND EFFECTIVE: Aqgust 20, 2013
Ordinance No. 20882-08-2013
Page 4 of 4
EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 11
Riverside
General Description
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No.
11 for tax abatement purposes contains 1.41 square miles of land and is within the area described
below:
On the North: Beginning at the intersection of the West Fork of the Trinity River and State
Highway 121, thence east along the eastbound State Highway 121 to the intersection of
eastbound State Highway 121 and the eastbound frontage road of State Highway 121, thence
east along the eastbound frontage road of State Highway 121 to the intersection of the
eastbound frontage road of State Highway 121 and Fairview Street, thence north along
Fairview Street under State Highway 121 to the intersection with the frontage road of the
westbound State Highway 121 and Fairview Street, thence east along the frontage road of the
westbound State Highway 121 to its intersection with Harper Street, thence north along Harper
Street to its intersection with Maurice Avenue, thence west along Maurice Avenue to its
intersection with West Beach Street, thence north along West Beach Street to its intersection
with Maurice Avenue, thence west along Maurice Avenue to its intersection with Sylvania Park
Drive, thence north along Sylvania Park Drive to its intersection with East Belknap Street,
thence southwest along East Belknap Street to its intersection with Seaman Street, thence north
along Seaman Street to its intersection with Clary Avenue, thence west along Clary Avenue to
its intersection with Eagle Drive, thence north along Eagle Drive to its intersection with Yucca
Avenue, thence east along Yucca Avenue to its intersection with Seaman Street, thence north
along Seaman Street to its intersection with Marigold Avenue, thence east along Marigold
Avenue to its intersection with North Beach Street, thence south along North Beach Street to its
intersection with East Belknap Street, thence northeast along East Belk-nap Street to its
intersection with Parrish Road, thence east along Parrish Road to its intersection with Kings
Highway.
On the East: Beginning at the intersection of Parrish Road and Kings Highway, thence south
along Kings Highway to its intersection with the frontage road of the westbound State Highway
121, thence southwest along the frontage road of the westbound State Highway 121 to its
intersection with Beach Street, thence south along Beach Street to its intersection with Lawnwood
Street.
On the South: Beginning at the intersection of Beach Street and Lawnwood Street, thence west
along Lawnwood Street to its intersection with Gross Street, thence south along Gross Street to
the southeast corner of Lot 11, Block 20, Page East Side #2, as recorded in Volume 309, Page 3
of the Tarrant County Plat Records, thence west along the length of the southern property lines of
Lots I 1 through 1, Block 20, Page East Side #2 to the southwest corner of Lot 1, Block 20, Page
East Side #2, as recorded in Volume 309, Page 3 of the Tarrant County Plat Records. Thence
continuing west across De Costa Street to the southeast corner of Lot 8, Block 19, Page East Side
#2, as recorded in Volume 309, Page 3 of the Tarrant County Plat Records, thence continuing
west along the southern property lines of Lots 8 through 1, Block 19, Page East Side #2 to the
southwest corner of Lot 1, Block 19, Page East Side #2, as recorded in Volume 309, Page 3 of the
Tarrant County Plat Records, thence continuing west across Brandies Street to the southeast
corner of Lot 15, Block 68, Riverside Addition, as recorded in Volume 204-A, Page 114 of the
Tarrant County Plat Records. Thence continuing west along the southern property lines of Lots
15, 14, 13, 12, 11 10, 9R, 7R, 6, 5, 4, 3, 2, and 1, Block 68, Riverside Addition, to the southwest
corner of Lot 1, Block 68, Riverside Addition, as recorded in Volume 204-A, Page 114 of the
Tarrant County Plat Records, thence continuing west across Denair Avenue to the southeast
corner of Lot 14, Block 67, Riverside Addition, as recorded in Volume 204-A, Page 114 of the
Tarrant County Plat Records, thence continuing west along the southern property lines of Lots 14
through 9, Block 67, Riverside Addition, to the southwest corner of Lot 9, Block 67, Riverside
Addition, as recorded in Volume 204-A, Page 114 of the Tarrant County Plat Records, thence
north along the western property line of Lot 9, Block 67, Riverside Addition, to Lawnwood
Street, thence west along Lawnwood Street to the northeast corner of Lot 1 R, Block 65, Riverside
Addition, as recorded in Volume 388-70, Page 6 of the Tarrant County Plat Records, thence south
along the eastern property line of Lot 1 R, Block 65, Riverside Addition, to the southeast corner of
Lot I R, Block 65, Riverside Addition, thence west along the southern property line of Lot 1 R,
Block 65, Riverside Addition, to the northeast corner of Lot 1, Block 72R, Riverside Addition, as
recorded in Volume 388-132, Page 80 of the Tarrant County Plat Records, thence south along the
eastern property line of Lot 1, Block 72R, Riverside to the southeast corner of Lot 1, Block 72R,
Riverside Addition, thence west along the southern property line of Lot 1, Block 72R, Riverside
Addition, to the southwest corner of Lot 1 block 72R, Riverside Addition, thence continuing west
to the intersection of Swayne Avenue and Ennis Avenue, thence continuing west along Ennis
Avenue to the northeast corner of Lot 1 R, Block IA, Adams Mary Heirs Subdivision, as recorded
in Volume 388-107, Page 21 of the Tarrant County Plat Records, thence south along the eastern
property line of Lot 1 R, Block IA, Adams Mary Heirs Subdivision, thence west along the
southern property line of Lot 1R, Block IA, Adams Mary Heirs Subdivision, to the northeast
corner of Lot 10, Lincoln Place, as recorded in Volume 1627, Page 351 of the Tarrant County Plat
Records. Thence south along the eastern property line of Lot 10, Lincoln Place to the southeast
corner of Lot 10, Lincoln Place, as recorded in Volume 1594, Page 475 of the Tarrant County Plat
Records, thence continuing south across East 12t1' Street to the northeast corner of Lot 11, Lincoln
Place, as recorded in Volume 1594, Page 475 of the Tarrant County Plat Records, thence south
along the eastern property line of Lot 11, Lincoln Place to the northeast corner of Lot 9, Carver
Place, as recorded in Volume 1594, Page 475 of the Tarrant County Plat Records, thence
continuing south along the eastern property line of Lot 9, Carver Place, to the southeast corner of
Lot 9, Carver Place, thence continuing south across Finley Street to the northeast corner of Lot
IOR, Carver Place, as recorded in Volume 1594, Page 475 of the Tarrant County Plat Records,
thence continuing south along the eastern property lines of Lot I OR and 32, Carver Place, to the
southeast corner of Lot 32, Carver Place, as recorded in Volume 9631, Page 244 of the Tarrant
County Plat Records, thence continuing south across VanHorn Street to the northeast corner of
Lot 33, Carver Place, as recorded in Volume 1594, Page 475 of the Tarrant County Plat Records,
thence continuing south to the southeast corner of Lot 33, Carver Place, thence east along the
northern property line of Lot 1, Block 1, Material Control Subdivision, as recorded in Volume
00109, Page 0072 of the Tarrant County Plat Records, to the northeast comer of Lot 2, Block 1,
Material Control Subdivision, as recorded in Volume 00159, Page 0026 of the Tarrant County
Plat Records, thence south along the eastern property line of Lot 2, Block 1, Material Control
Subdivision, to the northeast comer of Tract 24, Waller, Benjamin E Survey, as recorded in
Volume 005244, Page 0477 of the Tarrant County Deed Records, thence continuing south along
the eastern property line of Tract 24, Waller, Benjamin E Survey, to the northeast comer of Lot 1,
Block 1, Adams Heirs Subdivision, as recorded in Volume A, Page 877 of the Tarrant County
Plat Records, thence continuing south along the eastern property line of Lot 1, Block 1, Adams
Heirs Subdivision to the northeast comer of Tract 21, Waller Benjamin E Survey, as recorded in
Volume 005244, Page 0477 of the Tarrant County Deed Records, thence continuing south along
the eastern property line of Tract 21, Waller Benjamin E Survey, to the southeast comer of Tract
21, Waller Benjamin E Survey, thence continuing south to the west fork of the Trinity River to its
intersection with Riverside Drive, thence continuing west along the West Fork of the Trinity
River to its intersection with Sylvania Court.
On the West: Beginning at the intersection of Sylvania Court and the West Fork of the Trinity
River, thence north along the West Fork of the Trinity River to its intersection with State
Highway 121, which is also the point of beginning.
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Legend N Prepared Ora:December 16,2090
COPYRIGHT 3110 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPUCABLE LAWS,
THIS DATA IS TO EE USED FOR AGRAPHICAL REPRESENTATION ONLY.THE ACCURACY ISNOT TOSE TAKEN/
Neighborhood Empowerment Zone USEDAS DATA PRODUCED FOR ENGINEERiNGFURPOSESOR BY ARE(' PROFESSIONAL LAND
g P SURVEYOR,THE CITY OF FORT WORTH ASSUMES NO RESPONSIBIUTY FOR THE ACCURACY OF SAID DATA
Urban Village Miles
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTIORt Approved on 8/2012013 -� ResQiutip' n No.4233-04013 and 20882
2013
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DATE: Tuesday, August 20, 2013 REFERENCE NO.: G-17985
LOG NAME: 17NEZRIVERSIDERENEW
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Redesignating the Riverside Area as a Neighborhood
Empowerment Zone and Adopt Ordinance to Redesignate the Riverside Area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 11 (COUNCIL DISTRICTS 4 and 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution to redesignate the Riverside area as a Neighborhood Empowerment
Zone;
2. Conduct a public hearing to redesignate the Riverside area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 11; and
3. Adopt the attached ordinance to redesignate the Riverside area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 11, pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On August 19, 2003, (M&C G-14059)the City Council adopted Resolution No. 2984 to designate the
Riverside area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15645 which
designated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 11.
The Riverside NEZ has a population of 8,265 persons and an area of 1.4 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 Riverside NEZ area is 100 percent within the Central City and 100 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: 17NEZRIVERSIDERENEW Pagel of 2
The Riverside 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 Riverside 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 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.
Staff recommends redesignating the Riverside NEZ and renewing the Reinvestment Zone designation in
order to further promote development in the Riverside area.
The Riverside NEZ area is located in COUNCIL DISTRICTS 4 and 8.
FISCAL INFORMATION CERTIFICATION:
The Financial Management Services Director certifies that this action will not increase the total
appropriations of City funds.
........... ......
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Cynthia B. Garcia (8187)
Additional Information Contact: Sarah Odle (7316)
Lognarne: 17NEZRIVERSIDERENEW Page 2 of 2