HomeMy WebLinkAboutOrdinance 15645ORDINANCE NO.
WHEREAS, pursuant to the City Council's adoption on April 22, 2003 of
Resolution No. 2938 (M&C C-19551) and amended on May 27 2003 by M&C G-
13984, 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 August 19, 2003, the City Council designated the Riverside
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
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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. 11 is
located within the Riverside Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No. 11 will promote the
creation of affordable housing in the zone and an increase in economic development in
the zone; and
WHEREAS, on August 19, 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 August 11, 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;
CITY OF FORT WORTH, TEXAS:
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Section 1.
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:
I.I. 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
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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. 11, 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-
13984, as amended.
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.
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,
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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.
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Fort Worth Neighborhood Empowermen)
Reinvestment Zone No. I I
General Description
The area to be designated as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. I I for tax abatement purposes contains 1.41 square miles
of land and is within the area described below:
On the North: Beginning at the intersection of the West Fork of the Trinity River
and State Highway 121, thence east along the eastbound State Highway 121 to the
intersection of eastbound State Highway 121 and the eastbound frontage road of
State Highway 121, thence east along the eastbound frontage road of State
Highway 121 to the intersection of the eastbound frontage road of State Highway
121 and Fairview Street, thence north along Fairview Street under State Highway
121 to the intersection with the frontage road of the westbound State Highway 121
and Fairview Street, thence east along the frontage road of the westbound State
Highway 121 to its intersection with Harper Street, thence north along Harper
Street to its intersection with Maurice Avenue, thence west along Maurice Avenue
to its intersection with West Beach Street, thence north along West Beach Street to
its intersection with Maurice Avenue, thence west along Maurice Avenue to its
intersection with Sylvania Park Drive, thence north along Sylvania Park Drive to
its intersection with East Belknap Street, thence southwest along East Belknap
Street to its intersection with Seaman Street, thence north along Seaman Street to
its intersection with Clary Avenue, thence west along Clary Avenue to its
intersection with Eagle Drive, thence north along Eagle Drive to its intersection
with Yucca Avenue, thence east along Yucca Avenue to its intersection with
Seaman Street, thence north along Seaman Street to its intersection with Marigold
Avenue, thence east along Marigold Avenue to its intersection with North Beach
Street, thence south along North Beach Street to its intersection with East Belk-nap
Street, thence northeast along East Belknap Street to its intersection with Parri'sh
Road, thence east along Parrish Road to its intersection with Kings Highway.
On the East: Beginning at the intersection of Parrish Road and Kings Highway,
thence south along Kings Highway to its intersection with the frontage road of the
westbound State Highway 121, thence southwest along the frontage road of the
westbound State Highway 121 to its intersection with Beach Street, thence south
along Beach Street to its intersection with Lawnwood Street.
On the South: Beginning at the intersection of Beach Street and Lawnwood
Street, thence west along Lawnwood Street to its intersection with Gross Street,
thence south along Gross Street to the southeast corner of Lot 11, Block 20, Page
East Side #2, as recorded in Volume 309, Page 3 of the Tarrant County Plat
Records, thence west along the length of the southern property lines of Lots 11
through 1, Block 20, Page East Side #2 to the southwest corner of Lot 1, Block 20,
Page East Side #2, as recorded in Volume 309, Page 3 of the Tarrant County Plat
Records. Thence continuing west across De Costa Street to the southeast corner
of Lot 8, Block 19, Page East Side #2, as recorded in Volume 309, Page 3 of the
Tarrant County Plat Records, thence continuing west along the southern property
lines of Lots 8 through 1, Block 19, Page East Side #2 to the southwest corner of
Lot 1, Block 19, Page East Side #2, as recorded in Volume 309, Page 3 of the
Tarrant County Plat Records, thence continuing west across Brandies Street to the
southeast corner of Lot 15, Block 68, Riverside Addition, as recorded in Volume
204 -A, Page 114 of the Tarrant County Plat Records. Thence continuing west
along the southern property lines of Lots 15, 14, 13, 12, 11 10, 9R, 7R, 6, 5, 4, 3, 2,
and 1, Block 68, Riverside Addition, to the southwest corner of Lot 1, Block 68,
Riverside Addition, as recorded in Volume 204 -A, Page 114 of the Tarrant County
Plat Records, thence continuing west across Denair Avenue to the southeast corner
of Lot 14, Block 67, Riverside Addition, as recorded in Volume 204 -A, Page 114
of the Tarrant County Plat Records, thence continuing west along the southern
property lines of Lots 14 through 9, Block 67, Riverside Addition, to the southwest
comer of Lot 9, Block 67, Riverside Addition, as recorded in Volume 204 -A, Page
114 of the Tarrant County Plat Records, thence north along the western property
line of Lot 9, Block 67, Riverside Addition, to Lawnwood Street, thence west
along Lawnwood Street to the northeast corner of Lot 1R, Block 65, Riverside
Addition, as recorded in Volume 388 -70, Page 6 of the Tarrant County Plat
Records, thence south along the eastern property line of Lot 1 R, Block 65,
Riverside Addition, to the southeast corner of Lot 1R, Block 65, Riverside
Addition, thence west along the southern property line of Lot 1 R, Block 65,
Riverside Addition, to the northeast comer of Lot 1, Block 721, Riverside
Addition, as recorded in Volume 388 -132, Page 80 of the Tarrant County Plat
Records, thence south along the eastern property line of Lot 1, Block 7R,
Riverside to the southeast corner of Lot 1, Block 72R, Riverside Addition, thence
west along the southern property line of Lot 1, Block 72R, Riverside Addition, to
the southwest comer of Lot 1 block 72R, Riverside Addition., thence continuing
west to the intersection of Swayze Avenue and Ennis Avenue, thence continuing
west along Ennis Avenue to the northeast comer of Lot IR, Block IX Adams
Mary Heirs Subdivision, as recorded in Volume 388-107, Page 21 of the Tarrant
County Plat Records, thence south along the eastern property line of Lot I R, Block
IA, Adams Mary Heirs Subdivision, thence west along the southern property line
of Lot IR, Block IA, Adams Mary Heirs Subdivision, to the northeast comer of
Lot 10, Lincoln Place, as recorded in Volume 1627, Page 351 of the Tarrant
County Plat Records. Thence south along the eastern property line of Lot 10,
Lincoln Place to the southeast comer of Lot 10, Lincoln Place, as recorded in
Volume 1594, Page 475 of the Tarrant County Plat Records, thence continuing
south across East 12ffi Street to the northeast comer of Lot 11, Lincoln Place, as
recorded in Volume 1594, Page 475 of the Tarrant County Plat Records, thence
south along the eastern property line of Lot 11, Lincoln Place to the northeast
comer of Lot 9, Carver Place, as recorded in Volume 1594, Page 475 of the
Tarrant County Plat Records, thence continuing south along the eastern property
line of Lot 9, Carver Place, to the southeast comer of Lot 9, Carver Place, thence
continuing south across Finley Street to the northeast comer of Lot IOR, Carver
Place, as recorded in Volume 1594, Page 475 of the Tarrant County Plat Records,
thence continuing south along the eastern property lines of Lot I OR and 32, Carver
Place, to the southeast comer of Lot 32, Carver Place, as recorded in Volume 9631,
Page 244 of the Tarrant County Plat Records, thence continuing south across
VanHom Street to the northeast comer of Lot 33, Carver Place, as recorded in
Volume 1594, Page 475 of the Tarrant County Plat Records, thence continuing
south to the southeast comer of Lot 33, Carver Place, thence east along the
northern property line of Lot 1, Block 1, Material Control Subdivision, as recorded
in Volume 00109, Page 0072 of the Tarrant County Plat Records, to the northeast
comer of Lot 2, Block 1, Material Control Subdivision, as recorded in Volume
00159, Page 0026 of the Tarrant County Plat Records, thence south along the
eastern property line of Lot 2, Block 1, Material Control Subdivision, to the
northeast comer of Tract 24, Waller, Benjamin E Survey, as recorded in Volume
005244, Page 0477 of the Tarrant County Deed Records, thence continuing south
along the eastern property line of Tract 24, Waller, Benjamin E Survey, to the
northeast comer of Lot 1, Block 1, Adams Heirs Subdivision, as recorded in
Volume A, Page 877 of the Tarrant County Plat Records, thence continuing south
along the eastern property line of Lot 1, Block I, Adams Heirs Subdivision to the
northeast comer of Tract 21, Waller Benjamin E Survey, as recorded in Volume
005244, Page 0477 of the Tarrant County Deed Records, thence continuing south
along the eastern property line of Tract 21, Waller Benjamin E Survey, to the
southeast comer of Tract 21, Waller Benjamin E Survey, thence continuing south
to the West Fork of the Trinity River, thence west along the West Fork of the
Trinity River to its intersection with Riverside Drive, thence continuing west along
the West Fork of the Trinity River to its intersection with Sylvania Court.
On the West: Beginning at the intersection of Sylvania Court and the West Fork
of the Trinity River, thence north along the West Fork of the Trinity River to its
intersection with State Highway 121, which is also the point of beginning.
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DATE 8/19/03 , R I I II t L* NAME 1 ! � !� I �
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It is recommended that the City Council:
1. Adopt a resolution to designate the Riverside area as a Neighborhood Empowerment Zone (NEZ);
and
2. Hold a public hearing concerning the designation of the Riverside area as Fort Worth Neighborhood
Empowerment Reinvestment Zone (FWNERZ) No. 11; and
3. Adopt an ordinance to designate the Riverside area as FWNERZ No. 11 pursuant to the Texas
Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
1. Resolution on NEZ Designation
On August 7, 2003, the City Council approved the attached Council Proposal (CP) No. 233 authorizing
the City Manager to prepare a Mayor and Council Communication with the appropriate resolution and
ordinance to designate the Riverside area as a NEZ. The CP explains how the Riverside area meets
the NEZ designation criteria.
The boundaries of the proposed NEZ are State Highway 121 and Belknap Street and Yucca Avenue on
the north, the Trinity River on the west, Beach Street on the east, and the Trinity River and Lawnwood
Avenue on the south (Attachment A). The Riverside NEZ has a population of 8,265 persons and an
area of 1.41 square miles. The Riverside NEZ meets the following designation requirements under the
City's NEZ policy:
0 Promotes affordable housing and economic development; and
* Has an area of less than 1.5 square • #
Community Is at least 50% within the Central City and e • Block Grant (CDBeligib
areas (the proposed Riverside NEZ area is 100% within the Central City and 100% within tj
CDBG eligible and
Is considered # '# based on data on population, # # !' #! .! i other
factors (according to the 2000 Census, the Riverside area has a median household income of
$24,017 and an unemployment rate of 7.3%, compared to the citywide median household
income of $37,074, and an unemployment rate of 3.8%,); and
City of Fort Worth, Texas
"Agor and Council communication
DATE I - -W
REFERENCE NUMBER LOG NAME
8/19/03 G-14059 05RIVERSIDENEZ
M
RM
DESIGNATION OF THE RIVERSIDE AREA AS A NEIGHBORHOOD E MKOWERMENT
ZONE AND FORT WORTH NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE
• Meets criteria for Reinvestment Zone designation including the following:
a) 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 that would contribute to the economic development of the City; and
b) The area is substantially arresting and impairing the sound growth of the municipality creating
the zone because of the presence of a substantial number of substandard, slum,
deteriorated, or deteriorating structures.
The Riverside 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.
11. 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. In order to
accomplish this, the Riverside area would need to be designated as a 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 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.
City of ' Fort Worth, Texas
"Agor and Council Commu ication