HomeMy WebLinkAboutOrdinance 21035-11-2013 ORDINANCE NO. 21035-11-2013
AN ORDINANCE EXPANDING AND INCORPORATING A
CERTAIN AREA IN THE CITY OF FORT WORTH INTO
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 2, 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 put-poses of granting residential and commercial-industrial tax
abatement, as authorized by and in accordance with Chapter 312 of the Code; and
WHEREAS, on March 27, 2012, the City Council designated the Ridglea Village/Como
area as a Neighborhood Empowerment Zone by Resolution Number 4079-03-2012 (M&C G-
17564) 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 March 27, 2012, the City Council designated the Ridglea Village/Como
area as Neighborhood Empowerment Reinvestment Zone No. 2 by Ordinance Number 20144-
03-2012 (M&C G-17564); and
WHEREAS, on November 12, 2013 it was proposed that the Ridglea Village/Como
Area Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Zone
No.2 be expanded to include the area bounded by Interstate Highway 30 West, Sanguinet Street,
Diaz Street and Neville Street; and
Ordinance No. 21035-11-2013
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WHEREAS, on November 12, 2013, the City Council expanded the Ridglea
Village/Como 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 neighborhood empowerment zone; and
WHEREAS, the Neighborhood Empowerment Reinvestment Zone No. 2 is located
within the Ridglea Village/Corno Neighborhood Empowerment Zone; and
WHEREAS, the proposed expanded Neighborhood Empowerment Reinvestment Zone
No. 2 will promote the creation of affordable housing in the zone and an increase in economic
development in the zone; and
WHEREAS, on November 12, 2013, the City Council held a public hearing regarding
the creation of the expanded reinvestment zone which afforded a reasonable opportunity for all
interested persons to speak and present evidence for or against the creation of the expanded
reinvestment 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 November 5, 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 reinvestment 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 and incorporation
of a certain area within Neighborhood Empowerment Reinvestment Zone No. 2 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 revised Neighborhood
Ordinance No. 21035-11-2013
Page 2 of 6
Empowerment Reinvestment Zone No. 2, 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
1.2. That the revised 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. Neighborhood Empowerment Reinvestment Zone No. 2 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 Neighborhood Empowerment Reinvestment Zone No. 2 will
benefit the land included in the reinvestment 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.
EXPANSION AND INCORPORATION.
That the City Council hereby expands and incorporates the area into the Neighborhood
Empowerment Reinvestment Zone No. 2 as 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 reinvestment zone shall be known as
"Neighborhood Empowerment Reinvestment Zone No. 2, City of Fort Worth, Texas". The area
within the Neighborhood Empowerment Reinvestment Zone No. 2 is eligible for residential and
commercial-industrial tax abatement pursuant to Resolution No. 4209-05-2013.
Ordinance No. 21035-11-2013
Page 3 of 6
SECTION 3.
TERM OF ZONE.
That the expanded Neighborhood Empowerment Reinvestment Zone No. 2 shall take
effect upon the effective date of this Ordinance and expire on March 26, 2017. 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.
EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: November 12, 2013
APPROVED AS TO FORM AND LEGALITY:
By:
Melinda Ramos ary J. ser
Sr. Assistant City Attorney City Secretary
M&C: G-18060
Ordinance No. 21035-11-2013
Page 4 of 6
EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2
Ridglea Village/Como
General Description
The area to be revised and re-designated as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 2 for tax abatement purposes contains 1.61 square miles of land and is
within the area described below:
On the North: Beginning at the intersection of Camp Bowie Boulevard and the eastbound
service road of Interstate 30 West. Thence cast on the eastbound service road to Neville Street.
On the East: Beginning at the intersection of the eastbound service road of Interstate 30 West
and Sanguinet Street. Thence south on Sanguinet Street to the northwest comer of Lot IRI,
Block I of the Lena Pope Home Addition. Thence east along the northern property line of Lot
I R 1, Block 1, of the Lena Pope Home Addition to the northeast comer. Thence south along the
eastern property line of Lot IRI, Block 1, of the Lena Pope Home Addition to the southeast
comer. Thence west along the southern property line of Lot IRI, Block I to Sanguinet Street.
Thence south on Sanguinet Street to Diaz Street. Thence west on Diaz Street to Eldridge Street.
Thence north on Eldridge Street to Geddes Street. Thence west on Geddes Street to Neville
Street. Thence south on Neville Street to the unnamed creek flowing southeast from Lake Como.
Thence southeast along the creek centerline to its intersection with the northeastern comer of Lot
1, Block 70 of the Chamberlain-Arlington Heights Subdivision, Second Addition. Thence south
along the eastern property lines of Lots I and 40, Block 70; Lots I and 40, Block 73; Lots I and
40, Block 88; Lots I and 40, Block 91 ; Lots I and 40, Block 106; Lots I and 40, Block 109; Lot
1, Block 124, of the Chamberlain-Arlington Heights Subdivision, Second Addition, as recorded
in Volume 63, Page 44; and of Lots 3A and 37R, Block 124R, as recorded in Volume 388-139,
Page 96 of the Tarrant County plat records, to Vickery Boulevard. This line also coincides with
the no.w. of the platted, but unconstructed portion of Penticost Street, part of the Chamberlain-
Arlington Heights Subdivision, Second Addition plat, as recorded in Volume 63, Page 44 of the
Tarrant County plat records. The entire eastern boundary described above also coincides with
the shared eastern boundary of the Lake Como and East Libby Avenue Neighborhood
Associations.
On the South: Beginning at the intersection of the above described boundaries of the
Chamberlain-Arlington Heights Subdivision, Second Addition, also described as the shared
eastern boundary of the Lake Como and East Libby Avenue Neighborhood Associations, and
Vickery Boulevard. Thence southwest along Vickery Boulevard to its intersection with Ridglea
Lane.
Ordinance No. 21035-11-2013
Page 5 of 6
On the West: Beginning at the intersection of Vickery Boulevard and Ridglea Lane. Thence
north along the paved Ridglea Lane to its termination at the southeastern comer of Lot 16, Block
51 of the Ridglea Addition, as recorded in Volume 388-G, Page 14 of the Tarrant County plat
records. Thence continue north along the rear property lines of lots 16 through 6, Block 51, the
eastern terminus of Ridgeway Street, and the eastern property line of Lot 5, Block 51, of the
Ridglea Addition, all recorded in Volume 388-G, Page 14 of the Tarrant County plat records, to
the northeastern corner of said Lot 5. Thence west along the rear lot lines of lots 5, 4, 3, 2, and 1,
Block 51, Ridglea Addition, as recorded in Volume 388-G, Page 14 of the Tan-ant County plat
records, to Westridge Avenue. Thence north and northwest along Westridge Avenue to its
intersection with Ridglea Place. Thence west around the circle on Ridglea Place to Bernie
Anderson Avenue. Thence northwest along Bernie Anderson Avenue to Camp Bowie
Boulevard. Thence northeast along Camp Bowie Boulevard to Fairfield Avenue. Thence
northwest along Fairfield Avenue to the rear property line of Lot F, Block 20, Ridglea Addition,
as recorded in Volume 6927, Page 2377, of the Tarrant County deed records. Thence northeast
along said property line to Westridge Avenue. Thence southeast along Westridge Avenue to
Camp Bowie Boulevard. Thence northeast along Camp Bowie Boulevard to its intersection with
the eastbound service road of Interstate 30 West.
Ordinance No. 21035-11-2013
Page 6 of 6
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City of Fort Worth, Texas
Mayor and Council, Communication
COUNCIL ACTION: Approved on 11/12/2013. - Ordinance No. 210.35-11-2013 & Resolution
No= 4251-11`-2013
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DATE: Tuesday, November 12, 2013 REFERENCE NO.: G-18060
LOG NAME: 1'7NEZRIDGLEACOMOREVISE
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Expanding the Boundary of the Ridglea Village/Como Area
Neighborhood Empowerment Zone and Adopt Ordinance Revising the Boundary of the Ridglea
Village/Como Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 2 (COUNCIL
DISTRICTS 3 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing concerning the expansion of Ridglea Village/Como Area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 2;
2. Adopt the attached Resolution expanding the boundary of the Ridglea Village/Como Area
Neighborhood Empowerment Zone; and
3. Adopt the attached ordinance revising the boundary of the Ridglea Village/Como Area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 2, pursuant to the Texas Property Redevelopment
and Tax Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On March 27, 2012, (M&C G-17564) the City Council adopted Resolution No. 4079 to designate the
Ridglea Village/Como area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance I\Jo.
20144 which designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 2.
Staff recommends amending the boundaries of the NEZ and FWNERZ No. 2 to include property from
Interstate Highway 30 West to Sanguinet Street, south to Diaz Street and back over to Neville Street in
order to stimulate a large commercial development. The revised Ridglea Village/Como NEZ area was
provided to the Housing and Economic Development Committee at the November 5, 2013 meeting and
the Committee directed Staff to move forward with the amended boundary.
The revised Ridglea Village/Como NEZ area, therefore, meets all the requirements for NEZ
designation:
• Promotes economic development;
• Has a population of no more than 6,000 persons;
• The proposed revised 28th Street/Meacham 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
Logname: 17NEZRIDGLEACOMOREVISE Page t of 2
investment in the zone that would be a benefit to the area and that would contribute to the economic
development of the City.
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 revised Ridglea Village/Como area would need to be designated as a Reinvestment
Zone.
The Texas Property Redevelopment and Tax Abatement Act (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.
The revised Ridglea Village/Como NEZ area is located in COUNCIL DISTRICTS 3 and 9.
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Jay Chapa (5804)
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Sarah Odle (7316)
Logname: 1.7NEZRIDGLEACOMOREVISE Page 2 of 2