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Home My WebLink AboutOrdinance 21034-11-2013 ORDINANCE NO. 21034-11-2013 AN ORDINANCE EXPANDING AND INCORPORATING A CERTAIN AREA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE NO. 37, 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 purposes of granting residential and commercial-industrial tax abatement, as authorized by and in accordance with Chapter 312 of the Code; and WHEREAS, on December 7, 2010, the City Council designated the 28th Street/Meacham area as a Neighborhood Empowerment Zone by Resolution Number 3944-12- 2010 (M&C G-17134) 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 December 7, 2010, the City Council designated the 28th Street/Meacham area as Neighborhood Empowerment Reinvestment Zone No. 37 by Ordinance Number 19460-12-2010 (M&C G-17134); and WHEREAS, on November 12, 2013 it was proposed that the boundary of the 28th Street/Meacham Area Neighborhood Empowerment Zone and Neighborhood Empowerment Reinvestment Zone No. 37 be expanded to include the area bounded by Sylvania Street along Kimbo Road to Beach Street; south to Northeast Twenty-Eighth; and Ordinance No. 21034-11-2013 Page 1 of 6 WHEREAS, on November 12, 2013, the City Council revised and re-designated the 28th Street/Meacham 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. 37 is located within the 28th Street/Meacham Neighborhood Empowerment Zone; and WHEREAS, the proposed expanded Neighborhood Empowerment Reinvestment Zone No. 37 will promote the creation of affordable housing in the zone and an increase in economic development in the reinvestment 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 into Neighborhood Empowerment Reinvestment Zone No. 37 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 expanded Neighborhood Ordinance No. 21034-11-2013 Page 2 of 6 Empowerment Reinvestment Zone No. 37, 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. 37 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 Neighborhood Empowerment Reinvestment Zone No. 37 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 bounded by bounded by Sylvania Street along Kimbo Road to Beach Street; south to Northeast Twenty-Eighth into Neighborhood Empowerment Reinvestment Zone No. 37 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 expanded reinvestment zone shall be known as "Neighborhood Empowerment Reinvestment Zone No. 37, City of Fort Worth, Texas". The area within Neighborhood Empowerment Reinvestment Zone No. 37 is eligible for residential and commercial-industrial tax abatement pursuant to Resolution No. 4209-05-2013. Ordinance No. 21034-11-2013 Page 3 of 6 SECTION 3. TERM OF ZONE. That the Zone shall take effect upon the effective date of this Ordinance and expire on December 6, 2015. 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 Mary J. y#s Sr. Assistant City Attorney City Secr& fy M&C: G-18059 Ordinance No. 21034-11-2013 Page 4 of 6 EXHIBIT A Fort Worth Neighborhood Empowerment Reinvestment Zone No. 37 28th Street/Meacham General Description The area to be revised and re-designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 37 for tax abatement purposes contains 2.5 square miles of land and is within the area described below: BEGINNING at the intersection of the centerline of Sylvania Avenue and Kimbo Road; THENCE easterly with said centerline of Kimbo Road to its intersection with the centerline of Beach Street; THENCE southerly with said centerline of Beach Street to its intersection with the centerline of Northeast Twenty Eight Street; THENCE westerly with said centerline of Northeast Twenty Eight Street, to its intersection with the centerline of the main track of the Burlington Northern and Santa Fe Railroad; THENCE northerly with said centerline, to its intersection with the centerline of Decatur Avenue; THENCE northerly with said centerline, to its intersection with the centerline of Northeast Thirty First Street; THENCE westerly with said centerline, to its intersection with the centerline of Hampton Street; THENCE northerly with said centerline, to its intersection with the centerline of Long Avenue; THENCE easterly, northeasterly, and easterly with said centerline, to its intersection with the centerline of Northeast Thirty Third Street; THENCE northeasterly with said centerline, to its intersection with the centerline of Deen Road; THENCE northerly with said centerline, to its intersection with the centerline of Terminal Road; THENCE northwesterly and westerly with said centerline, to its intersection with the centerline of Blue Mound Road; Ordinance No. 21034-11-2013 Page 5 of 6 THENCE northerly with said centerline, to its intersection with the centerline of Meacham Boulevard; THENCE easterly with said centerline, to its intersection with the centerline of Interstate Highway 35W; THENCE southerly and southwesterly with said centerline, to its intersection with the centerline of High Crest Avenue, projected westerly; THENCE easterly with said projection, to and along said centerline, and to and along its projection easterly, to its intersection with said centerline of Sylvania Avenue; THENCE southerly with said centerline to the PLACE OF BEGINNING, and containing some 2.5 square miles of land, more or less. Ordinance No. 21034-11-2013 Page 6 of 6 Proposed o� � � � � 1, � dg e Como N EZ Pop: 5,9191 SQM ; 1 .611 CO G: 80 1 Central City 88 MWE"AMMOWTIMMEMEN MIN MALVEY C .. [7ARWOpC7 � � �'""rrii��>�G7 �� ' " � � � �� .__ u�.a LLJ ,- CURZON O I-- an q . '?�M "'H� �O� � '��• GEODES O GE��iE>" , � � GEODES `�^ �1 '�`�S'y��"C HOUGHTON HOUGHTON �� N '� IMM IM jf� S riVE SLEY C7 � E� �� M FLE:TCHER B-)NNELL LLJ W Q LIBBEY ' BLAGKMORE �pOf�`'�00� ��q�H'UMBER�� HUM�BERT S��LL � F�C�O T'HELMT*iGK7 -�R�Lfjrj�iC ��lll� �q��,�4cF''� � �"'��M► LLJ 0 ' LEN /A, 'p. HARIC)7 7 N f a �I Lt RIDGL��EST ;. •' '��, 'A *�✓� qO �M�IN�7pz:�" Milli • , • q Proposed our d cation for 28th/Meacham NEZ Poi. 5,9831' SQMI-. 2.51 DBG- 100 1 Central City 00% OMEACNAM.. .^ .. .. .. .. ER A K LI I N MIII NE(JLA carve ` w w J �� y e� ,,IwO 666688Yuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiu°°°°°°°°°"""""""" '"m". m 'M► .. .. TERMINAL: SE E rrrr.� JASPER w . BEt� I�� LU ��Q�� 3 � c� z GLENDaRA c �° m whim 32N57 O h LHESSER'BaYERpV 31ST •- ,r BRUCE w � NIGHCREST 30TH uioiiiVuil, i,ium um Ilullllllllllllllllll l 1111 �� uuuuuuuuuuuuulllllll uVV�lll'VVIIIVVV'VVVVVVVVVVVVVuVVlllu'u'u'u'u'uVVVVVVV � 25TH LORAINE LOFA#NEy �STH _ � 2 - !I ■� I�YMMmIAIAk'AMMMII'.a � (•- I� " ". 4YIt RITI K1111 .flR! � ,« ► -.:� N m m m m ,, ;, m m m. m.�r 'gym a m I � City of Fort Worth, Texas Mayor and Council Communication errnmm,�,m�mmsiowwwummwmm i u uuouuumm.w!wnamu wwuwuiaum�urw!nrvurvrvrmmmmioionwuwuewwa�vwmnMrmvwiumummirwuioommmiwmmi ouunwiaua�o mxm000ioiuuwwrir... ppauwwamvrewwiuumurow,wvrvw!�u r,rvmnmmnmmoowt AP p c ra d C»n 1,11121,20 1 Qird'ir�ain + � � 0 -11 1 d, 42,60, 1' 1: � Wei%i%iilitl!WP!uiWiUW@ YIIIIIIIIIIIIIIIIIIIIIUOIUUNIIUIIWNIOUIII�WIiWWWWiWUmllululululuulNOOUOWIOmulululolININI0i0W��WIWW9W!'aWN'9WV.W�4WM'PWWWVM!N'MM'4N'LN�JWIUIUIWiI q400loMOMUMINIwNwlulwlwl II ODUwI0l0luuuuuuuulmmlONUIIIOMIOIIOII OmmuulmluNNMOIOINUIUIII ON��VWWUVWWIOIIUIUWONW�lllluluuuum f....IWm000UIuWIW�Wtl DATE: Tuesday, November 12, 2013 REFERENCE NO.: G-18059 LOG NAME: 17NEZ28THSTREET-MEACHAMREVISE SUBJECT: Conduct a Public Hearing, Adopt Resolution Expanding the Boundary of the 28th Street/Meacham Area Neighborhood Empowerment Zone and Adopt Ordinance Revising the Boundary of the 28th Street/Meacham Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 37 (COUNCIL DISTRICTS 2 and 4) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing concerning the expansion of the 28th Street/Meacham Area Fort Worth Neighborhood Empowerment Reinvestment Zone No. 37; 2. Adopt the attached Resolution expanding the boundary of the 28th Street/Meacham Area Neighborhood Empowerment Zone; and 3. Adopt an ordinance revising the boundary of the 28th Street/Meacham Area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 37, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. DISCUSSION: On December 7, 2010, (M&C G-17134) the City Council adopted Resolution No. 3944 to designate the 28th Street/Meacham area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 19460 which designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 37. Staff recommends amending the boundaries of the NEZ and FWNERZ No. 37 to include property from Sylvania Street along Kimbo Road to Beach Street, south to Northeast 28th Street and west in order to stimulate a large single-family development. The revised 28th Street/Meacham NEZ area was provided to the Housing and Economic Development Department Committee at the November 5, 2013 meeting and the Committee directed Staff to move forward with the amended boundary. The proposed revised 28th Street/Meacham NEZ and FWNERZ No. 37 has a population of 5,983 persons, an area of 2.5 square miles, and meets the following designation requirements under the City's NEZ policy: 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 Logname: 17NEZ28THSTREET-MEACHAMREVISE Page I of 2 result Ofthe designation to contribute to the retention or expansion of primary employment D[b] attract major investment iO the zone that would bG8 benefit b} the area and that would contribute tothe economic development 0f the City. The revised 28th Street/Meacham NEZarea; therefore, meets all the requirements for NEZ 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. |O order k] accomplish this, the revised 28th Street/Meacham area would need tObe designated 8S8Reinvestment 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 iD the newspaper at least seven days prior t0 the public meeting. The Act requires the property receiving aD abatement iO be |0C3tRd in 8 reinvestment D[ enterprise zone. The proposed area meets the criteria for the designation of a Reinvestment Zone because the area io reasonably likely, 8S3 result 0f the designation, tOcontribute to the retention O[ expansion 0fprimary employment, Ork} attract major iOv9StDl8OtiOthe zone that would be@ benefit tO the property and contribute to the economic development of the municipality. Further, fULU[e i0p[Ov8Dl8ntS in the zOD8 will be8 benefit ho the City after any Tax Abatement Agreements have expired. The designation ofa Reinvestment Zone expires after five years and may be renewed for periods not to exceed five years. The current revised 28th Street/Meacham NEZ area iS located iO COUNCIL DISTRICTS 2 and 4. N1op000 83B. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND TO Fund/Account/Centers FROM Fund/Account/Centers . CERTIFICATIONS:Submifted for City Manager's Office by: Fernando Costa (0122) Cynthia Garcia (8187) Originating Department Head: JayChop8 (5804) Additional Information Contact: Sarah Odle (7310)