Loading...
HomeMy WebLinkAboutOrdinance 16383-04-2005ORDINANCE NO. ~ ~~~3 - ~ ~-~bS AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE N0.24, 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 an April 22, 2003 of Resolution No. 2938 (M&C C-19551) and amended on May 27 2003 by M&C G- 13984, 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 Abaterr~ent Act, codified in Chapter 312 of the Texas Tax Cade (the "Cade"); 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 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 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 Ennpowerrnent Reinvestnnent Zane No. 24 is located within the Wedgwood Square Neighborhood Empowerment Zone; and WHEREAS, the Neighborhood Empowerment Zone No. 24 will promote the creation of affordable housing in the zone and an increase in economic development in the zone; and WHEREAS, on April l9, 2005, the City Council held a public hearing regarding the creation of the Zane 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 3I2.201(d) of the Code; and WHEREAS, notice of the Public Hearing was published in a newspaper of general circulation in the City on April S, 2005 which satisfies the requirement of Section 312.201(d)(l } of the Cade that publication of the notice occur not later than the seventh day before the date of the public hearing; and WHEREAS, i n a ccordance w ith S ections 3 I2.201 {d)(2} and (e},notice of t he 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: 2 Section 1. FINDINGS. That after reviewing all information before it regarding the establishment of the Zone and after conducting the Public bearing 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.I. 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 Cade; 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 V.T.C.A., Tax Cade, Section 3 i 2.202, 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. p'uture improvements in the Zone will benefit the land included in the Zone as well as the City for a period in excess of ten (l0) years, which is the statutory 3 maximum terra of any tax abatement agreement entered inta under the Chapter 312 of the Code. Section 2. DESIGNATION OF ZONE. That the City Council hereby designates the Zane described in the boundary description attached hereto as Exhibit "A" and m ade a part of this Ordinance fora 11 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. 24, City of Fort Worth, Texas". The area within the Zone is eligible far residential and commercial_industrial tax abatement pursuant to Resolution No. 2938 and M&C G- 13984, as amended. Section 3. TERM OF ZONE. That t he Z one s hall t ake e ffect u pon t he e ffective d ate o f t his O rdinance a nd expire five (5) years thereafter. The Zone may be renewed by the City Council far 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 cozx~petent jurisdiction, 4 the remaining portions, sections or parts of sections of this Ordinance shall be and remain in full farce and effect and sha11 not in any vvay be unpaired or affected by such decision, opinion or judgment. Section S. That this Ordinance shall take effect upon its adoption. AND IT IS SO ORDAINED. ADOPTED AND EFFECTIVE: ~ ~ ~ J APPROVED AS TO FORM AND LEGALITY: By: Cynthia Garcia Assistatn~t CJityQAtftorney Date: 1 1 ! (~ `~ M&C: L~ " ~ ~ ~ ~ ~ S Mareh 'i 1, 2005 - No~asing Dept. WedgWOOd ~gl.JcBC~ ~IEZ wr s co sy c~ ~~+~`% N~~'N~ PAW N .; c~r~ca y~~•• ~ ~ ~ ~ ^ ~ ~ ~ o y c~ ~~ ~~ ~~ ~~ ~ ~~J ~~~ ~~ /,~' ~Oc ~P _~1'~`./ [~~~~~ ~; ~' ~ '_~ 1 ~ OR ~~~ ;' ? ~ 1NAYLAf~D FENTON Wllf?`.~Tph ~~ ~ J ~~~~ N ~ ASHFORp ~ O Fort Worth Neighborhood Empowerment Reinvestment Zone No. 24~ Wedgwood Square General Description BEGINNING at the intersection of the northwesterly right-oi=way of Granbury Road, with the southwesterly curb Iine of the service road of Interstate Highway 20, also known as Loop $20; 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-af way of Trail Lake Drive, to its intersection with the east right-of way of Waodway Drive; TI~ENCE: 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-af way of Walton Avenue, to its intersection with the east right-of-way of Wedgmont Circle; THENCE: southwesterly with said right-of~way of Wedgmant Circle, to its intersection with the southwest right-af 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 I'rofessianal Land Surveyor, Number 486, in Sanuary 2,005. "This docuxnent 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 nr interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." City of F®rt VI/®rth, Tea~as Mayor and Council Communication COUNCIL ACTION: Approved an 4M9120n5 -Res, #3192-04-2005, Ord. #16383-04-2005 DATE: Tuesday, April 19, 2aa5 LOG NAME: aSWEDGWOODNEZ REFERENCE NO.: G-14760 SUBJECT: Adopt Resolution Designating the Vl/edgwaod Square Area as a Neighborhood Empowerment Zone and Adopt Ordinance Designating the Wedgwood Square Area as Neighborhood Empowerment Zone Number 24 RECOMMEiN©ATION: It is recommended that the City Council: 1. Adopt the resolution designating the Wedgwood Square area as a Neighborhood Empowerment Zone (NEZ); 2. Hold a public hearing concerning the designation of the Wedgwood Square area as Fart Worth Neighborhood Empowerment Reinvestment Zone {FWNERZ) Number 24; and 3. Adopt ordinance designating the Wedgwood Square area as FWNERZ Number 24 pursuant to the Texas Property redevelopment and Tax Abatement Act, Tax Code, Chapter 312. DISCUSSION: On Aprif 25, 2000 (M&C G-12897), the City Gouncil approved the Policy Statement on the Creation of Local NEZ`s in accordance with Chapter 378 of the Texas Local Government Code. The Gity Counci[ also authorized the City Manager to identify neighborhood areas that may be eligible for NEZ designation and to develop administrative procedures for the NEZ Program. The NEZ Administrative Procedures were adopted by the City Council an October 3, 2000 and amended on April 2, 2002 to fine tune program requirements. The procedures included two methods by which a NEZ may be designated: City Council designation; or 2. An application process. The proposed Wedgwood Square area is eligible for NEZ designation. This coupled with the perceived potential far residential and retail/commercial development has spurred the Wedgwood Square Neighborhood Association {WSNA) along with the Wedgwood Square Business Association to spearhead a collaborative effort among Wedgwood area entities to seek NEZ designation for the area. The WSNA has submitted a plan according to submission requirements under the NEZ policy .The boundaries of the proposed NEZ are interstate Highway 20, also known as Loop 820 on the North, Welch Avenue and Wedgmont Circle on the South, Woodway Drive and Walton Avenue on the East, and Old Cranbury Raad to the West (Attachment B). The proposed Wedgwood Square NEZ has a population of 1,934 and meets the following designation requirements under the City`s NEZ policy: Logname: flSWEDGWOODNEZ page t o£2 . Nas Population of less than 6,pOp; At least 50% of the proposed NEZ area is Community Development Block Grant (C©BG} eligible; ® 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 property and that would contribute to the economic development of the City; WII create an increase in economic development in the zone; and . Will promote the rehabilitation a# affordable housing in the zone. On April 5, 2005, the above recommendations were endorsed by City Council through Council Proposal Number 251. The FWNERZ Number 24 and the Wedgwood Square NEZ are located in Council District 6. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that this action will have na material effect on City funds. TO FundlAccauntlCenters FROM 1=undlAccountlCenters Submitted for City Manager's Office bye Dale Fisseier (6140) Ori inatin De artment Head: Jerome Walker (7537) Additional Information Contact: Sarah Odie (7396) Lognarne: OSWEDGW44DNEZ Page 2 a£2