HomeMy WebLinkAboutOrdinance 15411ORDINANCE NO. ~1
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY OF
FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. $, CITY OF FORT WORTH, TEXAS";
PROVIDING THE EFFECTIVE AND EXPIRATION DATES FOlt 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 February 29, 2000 of Resolution
No. 2617 (M&C G-12829), 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 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 January 21, 2003, the City Council designated the Rolling Hills 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. 8 is located
within the Roiling Hills Neighborhood Empowerment Zone; and
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WHEREAS, the Neighborhood Empowerment Zone No. 8 will promote the creation of
affordable housing in the zone and an increase in economic development in the zone; and
WHEREAS, on January 21, 2003, the City Council held a public hearing regarding the
creation of the Zone afforded a reasonable opportunity for all interested persons to speak and
present evidence for or against the creation of the Zone ("Public Bearing"), 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 January 13, 2003 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
REAS, 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 TBE
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:
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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
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.
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. 8, City of Fort Worth, Texas". The area
within the Zone is eligible for residential and commercial-industrial tax abatement pursuant to
Resolution No. 2617 and M&C G-13662R.
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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.
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.
That this Ordinance shall take effect upon its adoption.
AND IT IS S® ORDAINED.
ADOPTED AND EFFECTIVE: ~--~-I~ ~~
APPROVED AS TO FORM AND LEGALITY:
By:
Cynthia Garcia
Assistant City Attorney
Date: 1 ~ 02 ~ ~- oJ~
M&C: ~ 1'J~ ~(~~
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EXIIIBIT ~-
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8
Rolling Hills
General Description
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone No. 8 for tax abatement purposes contains 2.15 square miles of land and is within
the area described below:
On the North: Beginning at the intersection of the Missouri & Union Pacific Railroad
tracks and Glen Garden Drive, thence east along Glen Garden Drive to Old Mansfield
Road.
On the East: Beginning at the intersection of Glen Garden Drive and Old Mansfield
Road, thence south along Old Mansfield Road to East Seminary Drive, thence west
along Seminary Drive to Campus Drive, thence south along Campus Drive to
Westbound Southeast Loop 820 which is the same as Interstate Highway 20 (IH2O).
On the South: Beginning at the intersection of Campus Drive and Westbound
Southeast Loop 820 which is the same as Interstate Highway 20 (IH2O), thence west
along Westbound Southeast Loop 820 which is the same as Interstate Highway 20
(IH2O) to the Missouri & Pacific Railroad tracks.
On the West: Beginning at the intersection of Westbound Southeast Loop $20 which
is the same as Interstate Highway 20 (IH2O) and the Missouri & Pacific Railroad tracks,
thence north along the Missouri & Pacific Railroad to the southwest corner of Lot 49,
Block 1, Oalcridge Terrace Addition, as recorded in Volume 388-28, Page 317 of the
Tarrant County plat records, thence east along the southern property line of Lot 49,
Block 1, Oakridge Terrace Addition as recorded in Volume 388-28, page 317, of the
Tarrant County plat records crossing Fair Park Blvd. to the southwest corner of Lot 37,
Block 4, Oakridge Addition as recorded in Volume 388-24, Page 55 of the Tarrant
County plat records, thence east along the southern property line of Lots 37, 36 and 35
Block 4, Oakridge Terrace Addition as recorded in Volume 388-24, Page 55 of the
Tarrant County plat records to the southeast corner of Lot 34, Block 4, Oakridge
Addition as recorded in Volume 388-24, Page 55 of the Tarrant County plat records,
thence north along the eastern property line of Lots 34 through Lot 1, Block 4, Oakridge
Terrace Addition, to the northeast corner of Lot 1, Block 4 Oakridge Terrace addition
as recorded in Volume 388-24, Page 55 .of the Tarrant County plat records, thence east
across Broadus Street to the southeast corner of Lot 25, Block 3, Oakridge Terrace
Addition as recorded in Volume 388-24, Page 55, of the Tarrant County plat records,
thence east along the southern property line of Lots 25 through 19, Block 3, Oakridge
Terrace Addition as recorded in Volume 388-24, Page 55 of the Tarrant County plat
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records to the northeast corner of Lot 19, Block 3, thence north along the eastern
property line of Lots 18 through 16, Block 3, Oakridge Terrace Addition as recorded in
Volume 388-24, Page SS of the Tarrant County plat records to the northeast corner of
Lot 16, Block 3, thence west along the northern property line of Lots 16, 1S, 14 and 1,
Block 3, Oakridge Terrace Addition as recorded in Volume 388-24, Page SS of the
Tarrant County plat records to Berlce Street, thence north along Berke Street to East
Seminary Drive, thence east along Seminary Drive to Carter Park Lane, thence north
along Carter Park Lane to Arrowwood Drive. Thence north across Arrowwood Drive to
the southeast corner of Lot_ 1 Bloclc 7, Carter Park Addition as recorded in Volume 318-
13, Page 4S of the Tarrant County plat records. Thence north along the eastern property
line of Lots 1 and 6C, Block 7, Carter Parlc Addition as recorded in Volume 318-13,
Page 4S of the Tarrant County plat records to the northeast corner of Lot 6C, thence
west along the northern property line of Lot 6C to the southeast corner of Lot S, Block
D, Vallejo Park Addition as recorded in Volumme 388-R, Page 64 of the Tarrant County
Plat records, thence north along the western property line of Lot S, Block D, Vallejo
Park Addition, thence north across Blalock Ave. to the southeast corner of Lot 6, Block
C, Vallejo Park Addition, thence north along the eastern property line of Lots 6 and S,
Block C, Vallejo park Addition, thence north across Blodgett Avenue to the southern
property line of Lot 23, Block 3, Weisenberger Addition #4 as recorded in Volume 388-
C, Page 19 of the Tarrant County Plat records, thence east along the southern property
line of Lot 23 through Lot 1 S, Block 3, Weisenberger Addition #4 to the southeast
corner of Lot 1 S Block 3 Weisenberger Addition, thence north along the eastern
property line of Lots 1 S and 14 of Block 3 Weisenberger Addition as recorded in
Volume 38$-C, Page 19 of the Tarrant County plat records to the northeast corner of
Lot 14 Block 3, Weisenberger Addition #4, thence north across East Fogg Ave. to the
southeast corner of Lot 1 S, Block 2, Weisenberger Addition #4 as recorded in Volume
388-C Page 19 in the Tarrant County plat records, thence north along the eastern
property line of Lots 1S and 14 Block 2, Weisenberger Addition #4 to the northeast
corner of Lot 14, Bloclc 2 Weisenberger Addition #4, thence north across Meriwether
Avenue to the southeast corner of Lot 12, Bloclc 28, Weisenberger Sunny Hill Garden
Addition as recorded in Volume 7133, Page 332 of the Tarrant County plat records
thence east across Frazier Street to the southwest corner of Lot 1, Block 29,
Weisenberger Sunny Hill Garden Addition as recorder in Volume 7133, Page 332 in the
Tarrant County plat records, thence east along the southern boundary of Lots 1 through
13, Block 29, Weisenberger Sunny Hill Garden Addition to the southeast corner of Lot
13, Bloclc 29, thence north along the Missouri & Pacific Railroad tracts to the point of
its intersection with the northbound Missouri & Pacific Railroad tracks, thence north
along the northbound Missouri & Pacific Railroad tracks to Glen Garden Drive, also
being the point of beginning.
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City o,~'Fort Worth, Texas
Mayor and-Gounci[
Com m u ~ ~cat~on
REFERENCE NUMBER LOG NAME
1/21/03 ~ G-13862 PAGE
;T 05ZONE 1 of 3
RESOLUTION TO DESIGNATE THE ROLLING HILLS AREA AS NEIGHBORHOOD
EMPOWERMENT ZONE AND PUBLIC HEARING TO DESIGNATE THE ROLLING HILLS
. ~ AREA AS FORT WORTH NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
N0.8
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution to designate the Rolling Hills area as a Neighborhood Empowerment
Zone (NEZ); and
2. Hold a public hearing concerning .the designation of the Rolling Hills area as
Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 8; acid Fort Worth
3. Adopt the attached ordinance to designate the Rolling Hills area as FWNERZ No. 8 pursuant to
Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. the
DISCUSSION: ~ -
Resolution on NEZ Desianation
On April 25, 2000 (M&C ~G-12897), the City Council approved the Policy Statement on the Creation of
Local NEZs in accordance with Chapter 378 of the Texas Local~Government Code (amended on A ril
2, 2002, M&C~G-13580). The City Council 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 (M&C G-13030) were adopted by the City.Council on
2000 and amended on April 2, 2002 to fine tune program requirements. The procedures incOlud detwo
methods by which a NEZ may be designated: ~ -
1. ~ City Council designation; or
2. An application process.
The proposed Rolling Hills area is eligible for NEZ designation. This, coupled with the perceived
potential. for residential and retail/commercial development, has spurred Texas Housing and Economic
Resources, Inc. (THER), an area non-profit community development corporation, to spearhead a
collaborative effort among area entities to seek NEZ designation for the area. THER has submitted a
plan according to submission requirements under the NEZ policy. The boundaries of the proposed
NEZ are Glen Garden Drive on the north, Old Mansfield Road and Campus Drive on the east, Union
Pacific Railroad and Carter Park Drive on the west and Interstate 20 on the south. The Rolling Hills .
NEZ has a population of 5,261 and meets the following designation requirements. under the City's NEZ
policy:
Promote the creation of affordable housing; and
Has a population of less than 6,000; and
City of Fort ~Yo~-th, .T'exas
M~ or end Council Com '
y municatton
DATE REFERENCE NUMBER LOG NAME PAGE
1/21/03 G-13862 ~ 05ZONE 2 of 3
SUBJECT RESOLUTION TO DESIGNATE THE ROLLING HILLS AREA AS NEIGHBORHOOD
EMPOWERMENT ZONE AND PUBLIC HEARING TO DESIGNATE THE ROLLING HILLS
' AREA AS FORT WORTH NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
N0.8
® Has at least 50% of its area within the Central City and the Community Development Block
Grant (CDBG) eligible areas; and
® Is considered distressed based on census data on population, socio-demographic and other
factors; 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 property and that would contribute to
the economic development of the City; and
a Is located in the State of Texas Southeast Enterprise Zone.
The Rolling Hills area therefore meets all the requirements for NEZ designation. The resolution to
designate the area as a NEZ is hereby attached to this Mayor and Council Communication.
Public Hearing and Ordinance on FWNERZ Designation
One of the incentives a municipality can provide in a NEZ according to Chapter 378 of the Texas Local
Government Code is an abatsrnent of municipal property taxes for properties in the NEZ. Therefore the
Rolling Hills NEZ area would need to be also designated as a reinvestment zone under Texas Tax
Code, Chapter 312, so the City could enter into tax abatement agreements. The exact boundaries of
the.zone are described in Exhibit A of the attached ordinance.
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 this meeting. The Act requires the property
receiving an abatement to be located in a reinvestment or enterprise zone..
The proposed area meets the criteria far the designation of a reinvestment zone 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
contribute to the economic development of the municipality. Further, future improvements in the zone
would be a benefit to the City, including increased revenue after any Tax Abatement Agreement that
may be entered into has expired. The designation of a reinvestment zone expires after five years and
may be renewed far periods not to exceed five years.
On January 7, 2003, the above recommendations were endorsed by City Council through Council
Proposal No. 223.
City of Fort yYorth, Texas
Mayor and Council Communication
DATE
1/21!03 REFERENCE NUMBER
G-13862 LOG NAME
05ZONE PAGE
. 3 of 3
suB~ECT RESOLUTION TO DESIGNATE THE ROLLING HILLS AREA AS NEIGHBORHOOD
EMPOWERMENT ZONE AND PUBLIC HEARING TO DESIGNATE THE ROLLING HILLS
AREA AS FORT WORTH NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
N0.8
The FWNERZ No. 8 and the Rolling Hills NEZ are located in COUNCIL DISTRICTS 8. .
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds:
RR:r
Submitted for City Manager's
~ FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Raid Rector 6140
Oriti nating Department Head:
Jerome Walker 7537 (from) APPROVED 1/21/03
RES. #2908
Additional Information Contact: ORD. #15411
Jerome Walker 7537