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HomeMy WebLinkAboutOrdinance 15569ORDINANCE NO. ~~~~ AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE NO. 9, CITY OF FORT WORTH, TEXAS"; PROVIDING THE EFFECTIVE AND EXPIRATION DATES FOR THE ZONE AND A MECF[ANISM FOR RENEWAL OF THE ZONE; AND CONTAINING OTHER MATTERS RELATED TO THE ZONE. WHEREAS, pursuant to the City Council's adoption on Apri122, 2003 of Resolution No. 2938 (M&C C-19551), 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 May 27, 2003, the City Council designated the Historic Handley 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. 9 is located within the Historic Handley Neighborhood Empowerment Zone; and 1 WHEREAS, the Neighborhood Empowerment Zone No. 9 will promote the creation of affordable housing in the zone and an increase in economic development in the zone; and WE~REAS, on May 27, 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 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 May 20, 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 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: 2 l.l. 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 often (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. 9, City of Fort Worth, Texas". The area within the Zone is eligible for residential and commercial-industrial tax abatement pursuant to Resolution No. 2938 and M&C G-13662R, as amended. 3 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 maybe 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 SO ORDAINED. ADOPTED AND EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: By: Cynthia Garcia Assistant/City Aforney Date: ~! ~7 I ©~ 4 EXIIIBIT A Fort Worth Neighborhood Empowerment Reinvestment Zone No.9 Historic Handley General Description The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No.9 for tax abatement purposes contains 1.27 square miles of land and is within the area described below: On the North: Beginning at the intersection of Weiler Boulevard and Meadowbrook Drive, thence east along Meadowbrook Drive, to the intersection of Meadowbrook Drive and the southbound frontage road of Interstate Highway 820 East, thence south along the southbound frontage road of Interstate Highway 820 East to the intersection with Craig Street, thence east along Craig Street to its intersection with Rosehill Street. On the East: Beginning at the intersection of Craig Street and Rosehill Street, thence south .along Rosehill Street to its intersection with East Lancaster Avenue, thence continuing directly south across East Lancaster Avenue to the Union Pacific Railroad right-of--way, thence continuing directly south across the Union Pacific Railroad right- of-way to the city limits of Arlington, also being a point on the southern boundary of the Union Pacific Railroad right-of--way, thence west along said southern boundary of the Union Pacific Railroad right-of--way, to a point that is the boundary line of the city limits of Fort Worth and the city limits of Arlington, thence south along the boundary line of the city limits of Fort Worth and Arlington to its intersection with East Rosedale Street. On the South: Beginning at the intersection of the joint boundary line of the city limits of Fort Worth and Arlington and East Rosedale Street, thence west along East Rosedale Street to its intersection with the northbound frontage road of Interstate Highway 820 East, thence north along the northbound frontage road of Interstate Highway 820 East to the intersection with the northern boundary of the Union Pacific Railroad right-of--way, thence west .along saidnorthern boundary of the Union Pacific Railroad right-of--way to the intersection with Weiler Boulevard. On the West: Beginning at the intersection of the northern boundary of the Union Pacific Railroad right-of--way and Weiler Boulevard, thence north along Weiler Boulevard, to East Lancaster Avenue, thence west along East Lancaster Avenue to the continuation of Weiler Boulevard, thence north along Weiler Boulevard, to the point of beginning. 5 a~ I j ~ 4r `~ ~ t I N~~• `•, t ~ ( I ~ I '~ ~ _ I C'V N o p ~ O •. r' YtlCfdM~lbe pr ~ Ir~ 1 p h, c ' o ^ ~ Q] I _ ~ i 1 ~r ~ r i. y-' '~ ~®® _4r~ ~ ( i i LLB m f I ~, ~ fr W ~ ~ ~ ~ J ~ ® T, ' I I ~ ~E{r i ~~'- _ ~ ~ T I I I,, ~~ cu I r e m ~ ~" ~~ ~ fB ~~ i I D -l, . ~ 51~~7 1 i I I ~ ~ LRrb'rti~ - t ~ r' 1 ~J) ~ ,~ ~T I ~ i i i ~ + ~ I i i j~d I 1 I I +I I ~ ~"" -• 'fir .~ I -t~ - =r ~ ; ~~~. ,w~. ~ I,.,II. ~ _ ;, ...r N ~,yiTrr I I ~ ~: ~~~I' j f ~r~ + ~ r iii. 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Adopt a resolution to designate the Historic Handley Area as a Neighborhood Empowerment Zone (NEZ); and 2. Hold a public hearing concerning the designation of the Historic Handley Area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 9; and 3. Adopt an ordinance to designate 'the Historic Handley Area as FWNERZ No. 9 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. DISCUSSION: Resolution on NEZ Designation In March 2002, City Council approved preliminary boundaries for ,12 urban villages and a recommendation to make. mixed-use zoning a prerequisite for NEZ designation. The Historic Handley urban village has completed the mixed-use rezoning process as approved by the City Council on May 20, 2003. The Historic Handley Area meets the criteria for NEZ designation, as follows: ® Promote economic development as stated in the Central City Commercial Corridor Revitalization Strategy; and ®' Has a population within 6,000 or area no larger than 1.5 sq. miles. The Historic Handley has a population of 3,202 people and an area of 1.27 sq. miles; and • Is at least 50% within Central City or CDBG (Community Development Block Grant) eligible area. The Historic Handley is 52% in Central City and 66% in CDBG eligible area; and • Is bounded by clearly defined .boundaries (see attached maps); and ® Meets the criteria for Reinvestment Zone designation. 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 abatement of municipal property taxes for properties in the NEZ. The Historic Handley Area needs to be designated as FWNERZ No. 9'so that the City can enter into tax abatement agreements under the guidance set forth in the Tax Code. City of .~'OYt Worth, .Texas M'Ayar And Council CammunicAtian DATE REFERENCE NUMBER LOG NAME PAGE 5/27/03 G-13983 05HANDLEYNEZ 2 of 2 ' SUBJECT DESIGNATION OF HISTORIC HANDLEY AREA AS A NEIGHBORHOOD EMPOWERMENT ZONE AND FORT WORTH NEIGHBORHOOD EMPOWERMENT 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: ® The. area substantially attests or impairs the .sound growth of the City because of the resence . p of a substantial number of substandard and deteriorated structures; and ® Its designation as a reinvestment zone is likely to contribute to the retention or ex ansion of p primary employment, ar to attract major investment iri` 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 would be a benefit to the City after any tax abatement agreements that may be entered into have expired. The designation of a reinvestment zone expires after five years and may be renewed for periods not to exceed five years. On May, 13, 2003, the above proposal was endorsed by the Economic and Community Development Committee for the City Council approval. The propased Historic Handley NEZ is located in COUNCIL DISTRICTS 4 and 5. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City or grant funds. RR:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Reid Rector 6140 Originating Department Head: Jerome Walker 7537 (from) APPROVED 05/27/03 RESOLUTION N0 2950 Additional Information Contact: ORD.# 15569 • Jerome Walker 7537