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HomeMy WebLinkAboutOrdinance 15568ORDINANCE NO. ` v '`-'~ " AN ORDINANCE AMENDING THE BOUNDARY OF THE CITY OF FO1~T WORTH NORTH ENTERPRISE ZONE (ENTERPRISE ZONE NO. EZ222-052797-FWN) PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVEP:NMENT CODE; PROVIDING INCENTIVES TO THE AMENDED A1RFA; REAFFIRMING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REiNVESTMENT ZONE; REAFFIRMING THE LIAISON TO ACT ON ALL MATTERS PERTAINNG TO THE TEXAS ENTERPRISE ZONE ACT ONCE AMENDED BY TEXAS ECONOMIC DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 12894, adopted by the City Council of the City of Fort Worth, Texas (the "City") on February 25, 1997, the City nominated the area described in such Ordinance as the North Enterprise Zone (the "Zone"); and WHEREAS, the Texas Department of Commerce confirmed designation of the Zone on May 29, 1997; and WHEREAS, Section 2303.110 of the Texas Government Code (the "Code") allows the City Council to amend the boundary of an existing enterprise zone, subject to certain provisions of Section 2303.101 of the Code; and WHEREAS, the City Council wishes to amend the boundaries of the Zone to include the area described and depicted in Exhibit "A" (the "Expanded Area"), which is attached hereto and hereby made a part of this Ordinance for all purposes; and WHEREAS, on April 22, 2003, a public hearing regarding the expansion of the Zone and its benefits to the City and to property in the Zone and afforded a reasonable opportunity for Page 1 Ordinance Amending Boundary of North Enterprise Zone (Enterprise Zone No. EZ222-052797-FWN) all interested persons to speak for or against the expansion of the Zone was held at Haws Athletic Center, located at 600 Congress Street, Fort Worth, Texas, 76107; and WHEREAS, on May 27, 2003 the City Council held a public hearing regarding the expansion of the Zone and its benefits to the City and to property in the Zone and afforded a reasonable opportunity for all interested persons to speak for or against the amendment of the boundary of the 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 expansion of the Zone and after conducting a public hearing regarding the expansion of the Zone and its benefits to the City and to property in the Zone and affording a reasonable opportunity for all interested persons to speak for or against the expansion 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. 1.2. The Zone, as amended by adding the Expanded Area, has a continuous boundary. 1.3. The Zone, as amended by adding the Expanded Area, is at least one (1) square mile, but is not larger than the greater of (i) ten (10) square miles, excluding lalces, waterways and transportation arteries or (ii) an area, not exceeding twenty (20) Page 2 Ordinance Amending Boundary of North Enterprise Zone (Enterprise Zone No. EZ222-052797-FWN) square miles, that is equal to five percent (5%) of the area, excluding lakes, waterways and transportation arteries, of the City. 1.4. The Zone, as amended by adding the Expanded Area, is an area of pervasive poverty, unemployment and economic distress and continues to meet the requirements of Section 2303.101 of the ,Code. 1.5. The boundary of the Zone has not been amended by the City in the past twelve (12) months. 1.6. The Zone, as amended by adding the Expanded Area, meets all other qualifications and requirements'of the Code and is designated as an enterprise zone and a reinvestment zone, subject to the approval of Texas Economic Development. Section 2. DESIGNATION OF EXPANDED AREA FOR INCIriTSION IN ZONE. That the City Council hereby amends the boundary of the Zone by adding the Expanded Area to the Zone, subject to the approval of Texas Economic Development in accordance with the Code. The Zone, as amended, is depicted in the map attached hereto as Exhibit "B", which is hereby made a part of this Ordinance for all purposes. Page 3 Ordinance Amending Boundary of North Enterprise Zone (Enterprise Zone No. EZ222-052797-FWN) Section 3. ZONE INCENTIVES. That the City will provide the following as allowable incentives in the Zone, as amended by adding the Expanded Area, based on the merit of the proposed projects requesting the incentives and which includes tax incentives that are not applicable throughout the City: 3.1. Reduced development fees (including all application fees); and 3.2. Waiver of permit fees; and 3.3. Enhanced participation in community facilities agreements for infrastructure; and 3.4. Transfer of City-owned surplus land to individuals or groups at below market .rates; and 3.5. Reduced investment requirements for consideration of tax abatement; and 3.6. Assistance with workforce development through the City's Fort Worth Works Program; and 3.7. Special transit provisions to connect areas not currently served by public transportation. Section 4. CITY REPRESENTATIVE ANID LIAISON. That, pursuant to Sections 5 and 6 of Ordinance No. 12894, the City Manager shall continue to act as the City's authorized representative in all matters pertaining to the Zone and that the Business Development Coordinator of the City's Economic and Community Development Department shall serve as the City's liaison for communications and negotiations Page 4 Ordinance Amending Boundary of North Enterprise Zone (Enterprise Zone No. EZ222-052797-FWN) with Texas Economic Development, any enterprise project and other entities in or affected by the Zone. Section 5. SEVERABII~ITY. 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 6. CU1Vlr(7I~ATIVE NATURE. That this Ordinance shall be cumulative of all provisions of other ordinances acid of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and/or Code, in which event the conflicting provisions of such ordinances and/or Code are hereby repealed. SECTION 7. EFFECTIVENESS. That this Ordinance shall take effect and be in full force and effect from and after its adoption. Page 5 Ordinance Amending Boundary of North Enterprise Zone (Enterprise Zone No. EZ222-052797-FWN) AND IT IS SO ®RDAINED. ADOPTED AND EFFECTIVE: ~ `~ ~ / APPROVED AS TO FORM AND LEGALITY: By: Peter Vaky Assistant City Attorney Date: S-~ 6 - D 3 M&C: ~'i' I ~ 1 d Page 6 Ordinance Amending Boundary of North Enterprise Zone (Enterprise Zone No. EZ222-052797-FWN) EXHIBIT "A" GENERAL DESCRIPTION OF EXPANDED AREA Beginning at the intersection of Main St. and the Fort Worth & Western Railway. Thence southwest along the Fort Worth & Western Railway to Henderson St. Thence southeast along Henderson to the Trinity River. Thence southwest along the Trinity River to 7th St. Thence east along 7th St. to Sununit Ave. Thence south along Summit Ave. to IH 30. Thence east along IH 30 to Jennings. Thence north along Jennings to Throckmorton. Thence north along Throckmorton to 8th St. Thence east along 8th St. to Grove and 9th St. Thence east along 9th St. to the BNSF Railroad. Thence north along BNSF Railroad to approximately 50 feet south of Peach St. Thence west approximately 50 feet to BNSF Railroad. Thence north along BNSF Railroad to Cold Springs. Thence southwest along Cold Springs to Woods. Thence north along Woods to Pavillion. Thence west along Pavillion to Samuels Ave. Thence north along Samuels Ave. to Northside Dr. Thence west along Northside Dr. to the Trinity River. Thence south along the Trinity River to the projected intersection of the Trinity River and 9th St. Thence west along 9th . St. to Main. St. Thence north along Main St. to the intersection of Main St. and the Fort Worth & Western Railway. EXHIBIT nBo 9000 0 9000 18o0D Feet North Enterprise Zone Expansion C'at,Jv of'~'o~t T~oa~th, 7'exacs ® 1 DATE REFERENCE NUMBER LOG NAME PAGE 5/27/03(,~_1398~ 17NORTH EZ EXP 1 of 2 SUBJECT ADOPT ORDINANCE AND MAKE FINDINGS CONCERNING AMENDMENT OF BOUNDARY OF THE NORTH ENTERPRISE ZONE RECOMMENDATION: 1. Conduct a public hearing regarding an amendment to the boundary of the North Enterprise Zone, as provided in the attached ordinance; and 2. Adopt the attached ordinance amending the boundary of North Enterprise Zone as set forth and attached to the Ordinance as Exhibit A; and 3. Find that the North Enterprise Zone area, as amended, meets the requirements and criteria of the Texas Enterprise Zone Act; and 4. Authorize the City Manager to submit the appropriate application to Texas Economic Development to amend the boundary of the North Enterprise Zone. DISCUSSION: The North Enterprise Zone (Zone) was established in May 1997, and is the home of American Ironhorse Motorcycle Company, Inc. and Valeo Electrical Systems, Inc., two current enterprise projects. The current application to amend the boundary of the Zone will add an additional 2.19 square miles to the zone, and provide businesses such as RadioShack and Pier 1, located in the area. to be added to the Zone, the opportunity to apply for incentives which include qualified business designation or enterprise project designation. The proposed Zone expansion was presented to the City Council's Economic and Community Development Committee (ECDC) on April 8, 2003, and consisted of a brief overview of the state enterprise zone program, the reasons for proceeding with an expansion for the Zone, and a timeline for submitting the completed application to the state by June 1, 2003. A public hearing was held April 22, 2003, to receive public input on the boundary of the proposed expansion. A second public hearing was held during the City Council meeting on May 20, 2003. After compiling all information, an application to amend the boundary of the Zone will be submitted to the Texas Department of Economic Development. The local incentives that have been approved for all of the enterprise zone areas within Interstate Loop 820 and census tracts 1050.01, 1013.022, 1013.021, 1013.013, and 1013.012 are: • Reduced development fees (including all application fees); and • Permit fee waivers (including inspection); and • Enhanced participation in community facilities agreements (infrastructure, etc.); and • Transfer of abandoned property to individuals or groups at below market rates; and • Reduced investment requirements for consideration of tax abatement; and • Assistance with workforce development (Fort Worth Works); and • Special transit provisions to connect areas not currently served by bus service. C`aty of ' b'oa't Worth, 7'exacs DATE 5/27/03 REFERENCE NUMBER ~_1398~y LOG NAME 17NORTH EZ EXP PAGE 2 of 2 SUBJECT ADOPT ORDINANCE AND MAKE FINDINGS CONCERNING AMENDMENT OF BOUNDARY OF THE NORTH ENTERPRISE ZONE To be considered for local incentives, a company must commit to a minimum investment of $75,000 and the creation of at least ten new full-time jobs. A map of the amended boundary of the North Enterprise Zone is attached. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. RR:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Reid Rector 6140 Originating Department Head: Tom Higgins 6192 (from) APPROVED 05/27/03 ORD.# 15568 Additional Information Contact: Ossana Hermosillo 8187 Ardina Washington 8003