HomeMy WebLinkAboutOrdinance 21204-04-2014 ORDINANCE NO.
AN ORDINANCE RENEWING AND 0E-&E8IGNATfNG A CERTAIN
A-REA IN THE CITY OF FORT WORTH AS "NEIGHBORHOOD
EMPOWERMENT REINVESTMENT ZONE NO' 13, CITY OF FORT
W^@R1[0[, TEXAS"; PROVIDING THE EFFECTIVE AND EXPIRATION
DATES FOR THE ZONE AND A NIECHANISM FOR RENEWAL OF
THE ZONE; AND CONTAINING OTHER MATTERS RELATED TO
THE ZONE.
WHEREAS, pursuant to the City Council's adoption on May 21` 2013, by Resolution No. 4209'
05'2013 (M&CG-\790|)` uu it may beamended from time tntime, the City of Fort Worth, Texas (the
"City") has elected to bc eligible to participate iu tax abatement and has established guidelines and criteria
governing tax abatement u(g/cemontsentered into between the City and various third parties, as authorized
by and in accordance with the Property Redevelopment and Tax Abatement /\oi` codified in Chapter 2l2
nf the Texas Tax Code (the ^^Cndo"); and
WBl]DI0E/k8, the City Council desires to promote the development of the area in the City more
specifically described in Exhibit ^'/\" of this Ordinance (the ^^Zooe'') through, the creation of u
reinvestment zone for purposes of granting residential and commercial-industrial tax abatement, as
authorized by and in accordance with Chapter]l2o[the Code; arid
WHEREAS, on January 6, 2004, the City Council designated the BerryDJuivocsihy area as u
Neighborhood Empowerment Zone by Resolution Number 3020-01-2004 (M&C U'14214) to promote
(|) the creation or rehabilitation of affordable housing in the zone, or (2) an increase in economic
development io the zone, or (3) un increase iu the quality o[social services, education or public safety
provided to the residents of the zone, arid
WBfU7REA8` on February J` 2009, the City CouocU re-designated the Berry/University area as
Neighborhood Empowerment Reinvestment Zone No. |] by Ordinance Number 18465-02-2009 (M&C
G-16454); and
''
"EROAS, on April l5` 20l4' the City Council re-designated the Berry/University Area usu
Neighborhood Empowerment Zone by Resolution to promote (|) the creation or rehabilitation of
ofTon]ah|o housing in the zone, o/(2)on 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. 13 is located within the
Berry[UnivureityNoiuhborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No. 13 wiU promote the creation of
affordable housing in the zone and an increase in economic development in the zone; and
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WHEREAS, on April l5' 20\4, the City Council held u public hearing regarding the creation of
the Zone vvbiub afforded a reasonable opportunity for u|| interested persons to speak and present evidence
for or against the creation of the Zone ("Public Hearing"), as required by Section 3l2.20Dd) of the Code;
and
WHEREAS, notice of the Public Hearing was published in a newspaper of general circulation in
the City on April 4, 2014` vvhiob 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 3|22O\(d)(2) and (r), notice of the Public Hearing was
delivered in writing out later than the seventh day before the date of the public hearing to the presiding
officer ofthe governing body ofeach taxing unit that inoku|cx in its boundaries real property that is to be
included in the proposed Zone;
NOW, THEREFORE, 0E0[ ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS:
Secboo1.
FINDINGS.
That after reviewing all information before it regarding the establishment of the Zone and after
conducting the Public Hearing and affording reasonable opportunity for all interested persons to speak
arid present evidence for or against the creation ofthe Zone, the City Council hereby makes the following
findings offact:
I-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
reinvestment zone under Chapter 3|2of the Code; and
1.2. That the boundaries of the rminvcshnmui zone shall he the boundaries as described in Exhibit "A"
which ia attached hereto and made u part hereof,
1.3. The Zone meets the criteria for the designation of reinvestment zone us set forth in VIC.A., 7'ux
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 benefit to the property and that would contribute to the
economic development uf the municipality.
1,4. Future improvements in the Zone will benefit the |uod included in the Zone as well us the City for
operind in excess often (10) years, which im the statutory maximum 1onn of any tax abatement
agreement entered into under the Chapter 3\2of the Code.
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Section 2.
RENEWAL AND RE-DESIGNATION OF ZONE.
That the City Council hereby re-designates the Zone described in the boundary description
attached hereto as Exhibit 'A" and made u part nfthis Ordinance for all purposes as u reinvestment zone
for purposes of granting residential and commercial-indootriu| tax abatement, as authorized by and in
u000rduoue with Chapter 312 of the Code. The Zone shall he known as "Neighborhood Empowerment
Reinvestment Zone No. 13, City of Fort VVodb, Texas". The area within the Zone is eligible for
residential and commercial-indUstrial tax abatement pursuant to Resolution No. 04-2014,
Section 3.
TERM OF ZONE-
That the Zone xbu|| take effect upon the effective date of this Ordinance and expire five (5) years
thereafter. The Zone may be renewed by the City C0000il for one or more subsequent terms of five (5)
years orless.
Section 4.
8EVERABILlIY.
That if any portion, section or part of a section of this Ordinance is subsequently declared invalid,
inoperative or void for any reason by u court ofcompetent jurisdiction, the remaining portions, sections or
parts o[sections of this Ordinance shall be and remain in full force and effect and shall not io any way be
impaired or affected hy such decision, opinion orjudgmcot.
Section 5.
EFFECT.
That this Ordinance xbu|| take effect upon its adoption.
AND [Ti8 SO ORDAINED.
ADOPTED AND EFFECTIVE: Apri 115 2014
APPROVED &STO FORM AND LEGALITY:
Ky�
Assistant City Attorney
M&C: G-]8l74
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EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 13
Berry/University
General Description
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No.
13 for tax abatement purposes contains 1.24 square miles of land and is within the area described
below:
On the North: Beginning at the intersection of McPhearson Avenue and University Drive,
thence east on McPhearson Avenue to the southwest corner of Lot 12, Block 38, University
Place Addition, thence north along the west property lines of Lot 12, Block 38, University Place
Addition, as recorded in the Tarrant Plat Records in Volume 204-A, Page 172 to the northwest
corner of Lot 12, Block 38, University Place Addition, thence east along the northern property
line of Lot 12, Block 38, University Place Addition to its northeast corner, thence north along the
east property lines of Lots 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, Block 38, University Place Addition, as
recorded in the Tarrant Plat Records in Volume 204-A, Page 172, to the centerline of Park Hill
Drive. Thence east on Park Hill Drive to the centerline of Lubbock Avenue, thence south on
Lubbock Avenue to the northwest comer of Lot 19, Block 14, of the Frisco Railroad subdivision,
as recorded in the Tarrant Plat Records in Volume 309, Page 2, thence eastward along the
northern property line of Lot 19, Block 14, of the Frisco Railroad subdivision to its northeast
comer, thence south along the eastern property lines of Lots 19, 18, 17, 16, 15, 14, 13, 12, Block
14, of the Frisco Railroad subdivision, as recorded in the Tarrant Plat Records in Volume 309,
Page 2 to the centerline of McPhearson Avenue, thence east along McPhearson Avenue to the
centerline of McCart Avenue, thence north along McCart Avenue to the centerline of Park Hill
Drive, thence eastward along Park Hill Drive to the centerline of Frazier Avenue, thence
northwesterly across the street right-of-way to the northwest property line of Lot 1, Block 1R of
the Park Ridge Addition, as recorded in the Tarrant County Plat Records in Volume 388-10 page
10, thence eastward along the northern property line of Lot 1, Block IR of the Park Ridge
Addition to the northwest corner of Abstract 2, Tract I C of the Arocha, M J Survey, as recorded
in the Tarrant County Plat Records in Volume 9570, Page 1251, thence eastward along the
northern property line of Abstract 2, Tract I C of the Arocha, M J Survey to its northeast corner,
thence eastward across the street right-of-way to the centerline of Eighth Avenue, thence north
on Eighth Avenue to the northwest corner of Lot 28, Block 14, of the Ryan Place Addition, as
recorded in the Tarrant County Plat Records in Volume 310, Page 83, thence eastward along the
north property line of Lot 28, Block 14, of the Ryan Place Addition to its northeast corner.
On the East: Beginning at the northeast corner of Lot 28, Block 14, Ryan Place Addition,
thence south along the east property line of Lot 28, Block, Ryan Place Addition, as recorded in
the Tarrant County Plat Records in Volume 3 10, Page 83, thence continuing south along the east
property lines of Lots 27` 76, 25` Z4, 23` Z7, 2], 20, 19, 18, 17, Block 14, Ryan Place Addition,
as recorded in the Tarrant County Plat Records in Vu|uruc 3\0, Page 80, thn000 crossing Roberts
Street, thence south along the east property 1ioca of Lots 14, 13, 12, ll, lO, q, 8, Block 15, Ryan
Place Addition, as recorded in the Tarrant County Plat {lrc0zdo in Vm[u000 310, Page 80, then
continuing south u|Oug the cuot property lines of Lots 26` 25, 24, 23, 22` 71, Block 77` Ryan
Place Addition, as recorded in the Tarrant CVuDb/ Plat Records in \/0\umC 204-A, Page 170,
thence continuing south along the ooStoro property line of I.0i 14l\, Block 77, Ryon Place
Addition, as recorded in the T8[r8o1 Cn4nTY p)31 Records in \/0\UDzC A, Page 4416, CT0SSiog
Cnotey Street continuing south along the east property lines of Lots 24, 23, 22, 21, 20, 10` 18, 17`
16, 15, 14, 13, Block 72, Ryan South subdivision, as recorded in the Tarrant County Plat Records
in Volume 204, Page 52, to the centerline of Lowden Street, thence east on Lowden Street to the
northeast corner of Lot 24` Block 16, Rvuo South subdivision, as recorded io the Tarrant County
Plat Records in \/o]ucoe 204, Page 52, thence south along the eastern property lines of Lots 74,
73, 27, 2l, 20` lq, 18, 17, 16` 15, 14` l], E\\uok 16, Rvou South subdivision, as recorded in the
Tarrant County P}e1 Records in \/o]unoo 204, Page 52, crossing 8orvic Street continuing south
along the east property lines nf Lots 24, Z3, ZZ, 2I, 20` |q, 18, 17, 16, 15` 14, 13, Block 15, Ryan
South subdivision, as recorded in the Tarrant County Plat Records in \/n)Ucoe 204` Page 57, to
the centerline ofBerry Street. Thence east along Berry Street to the right-of-way of the {lNSF
TDi}r0Dd rail lines, thence S0o1hvvnotezly 8}0og the BNSF railroad rail lines (0 the centerline of
Devitt Street, thence vvca1 along Devitt StTCni to the ono1cz\ioc of Townsend Drive, thence south
ou Townsend Drive tothe centerline 8f Shaw Street, thence west oo Shaw Street t0 the centerline
nf Frazier Avenue, thence south on Frazier Avenue 10 the centerline of Orange Street, thence
west mu Orange Street to the centerline of Wayside Avenue, thence south no Wayside Avenue to
the ceododion Of8iddison Street, thence vvoS1 on 0iddio0n Qbroe1 To the centerline ofK8c[mz
Avenue, thence south 0nMoCadAvenue to the centerline of Dickson Street.
Oo the South: Beginning at Dickson Street and McCazt Avenue, thence west oo Dickson Street
to the centerline 0[Merida Avenue thence north on Merida Avenue to the southern property line
of Lot 1, Block l, Fort Worth Steel & Machinery Company Plant Site subdivision, as recorded in
the Tarrant County Plat Records in Volume 388-117, Page 54, thence west along the southern
property line ofLot l, Block \` Fort Worth Steel & Machinery Coroyuoy Plant Site subdivision
to its southwest corner, thence north along the vvos1ncu property line of [ni ]` Block 1` Fort
Worth Steel & Machinery Company Plant Site subdivision to the northeast onnocr of Lot 2ll,
Gunn E subdivision, as recorded in the Tarrant County 9]mt lIcuozdS in \/o|unnc 380-117` Page
54, thence vvcSt along the southern property line of I.0t l, Block l, Fort Worth S1co} &
Machinery Company 9\aui Site subdivision to the ceotorUoc of Cockrell Avenue, thence
n0r1h\v0StC[]y O}0ug Cockrell Avenue t0 the centerline OfGyuohuzy \|V0d, thence SVV1hYv0siolly
along Granbury Road to the centerline of Dryden Road, thence northwesterly along Dryden Road
to the southwest comer 0fLot 10, Block 3` Windsor Place Addition, as recorded in the T4DaD1
County Plat Records in Volume 38Q-C, Page 53.
On the West: Beginning at the southwest comer 0fLot 1.0, Block 3, Windsor Place Addition,
thence northeasterly along the west property lines of Lots, 10, 9, 8, 7, 6, 5` 4, 3, 2` l, Block 3,
Windsor Place Addition, as recorded iu the Tarrant County Plat Records in Volume 388-C, Page
53, crossing Butler Sbcci, thence north along the vvootcru property line of Lots 10, q, Q, 7, 6,
2
Block 38, Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat Records in
Volume 388-1, Page 355, thence crossing South Hills Avenue, thence continuing north along the
west property lines of Lots 23, 22, 21, 20, 19, 18, 17, 16, 15, Block 28, Bluebonnet Hills
subdivision, as recorded in the Tarrant County Plat Records in Volume 388, Page 74, to the
southwest corner of Lot 14R, Block 28, Bluebonnet Hills subdivision, as recorded in the Tarrant
County Plat Records in Volume 388-Q, Page 493, thence north along the western property line
of Lot 14R, Block 28, Bluebonnet Hills subdivision to the northeast corner of Lot I OR, Block 28,
Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat Records in Volume 388,
Page 74, thence westward along the northeast property line of Lot IOR, Block 28, Bluebonnet
Hills subdivision, thence westward crossing Park Ridge Boulevard to the southeast corner of Lot
17R, Block 30, Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat Records in
Volume 388-0, Page 233, thence northwest along the southwest property line of Lot 17R, Block
30, Bluebonnet Hills subdivision, continuing westward along the southwest property line of Lot
14A, Block 30, Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat Records in
Volume 388-Q, Page 243, to the centerline of Rogers Avenue, thence north on Rogers Avenue
crossing Biddison Street to the southwest property line of Lot 25, Block 19, Bluebonnet Hills
subdivision, as recorded in the Tarrant County Plat Records in Volume 388, Page 74, thence
northeasterly along the southeast property line of Lot 25, Block 19 to the southwest corner of Lot
12, Block 19, Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat Records in
Volume 388, Page 74, thence north along the western property lines of Lots 12, 11, 10, 9, 8, 7, 6,
5, 4, 3, 2, 1, Block 19, Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat
Records in Volume 388, Page 74, to the centerline of Benbrook Boulevard, thence west on
Benbrook Boulevard to the southwest corner of Worth Hills park, thence north along the west
property line of Worth Hills park to Lot 4, Block 1, Bluebonnet Hills subdivision, as recorded in
the Tarrant County Plat Records in Volume 388, Page 74, thence north along the western
property lines of Lots 4, 3, 2, 1, Block 1, Bluebonnet Hills, as recorded in the Tarrant County
Plat Records in Volume 388, Page 74, thence north along the western property line of Lot 9,
Block 3, Kensington Addition, as recorded in the Tarrant County Plat Records in Volume 992,
Page 247, continuing north along the western property lines of Lots 10, 11, 12, 13, 14, 15, 16,
17, Block 3, Kensington Addition, as recorded in the Tarrant County Plat Records in Volume
822, Page 247, crossing Devitt Street, thence north along the western property lines of Lots 10,
11, 12, 13,, 14, 15, 16, 17, 18, 19, Block 2, Kensington Addition, as recorded in the Tarrant
County Plat Records in Volume 822, Page 247, to the centerline of Berry Street, thence west on
Berry Street to the centerline of Stadium Drive, thence north on Stadium Drive to the centerline
of Bellaire Drive North, thence west on Bellaire Drive North to the centerline of University
Drive, thence north on University Drive to the centerline of McPherson Avenue, the point of
beginning.
"This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights or interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared."
At the hearing, interested persons are entitled to speak or present evidence for or against the re-
designation of the property as Fort Worth Neighborhood Empowerment Reinvestment Zone No.
13, the boundaries of the reinvestment zone, and/or the concept of tax abatement.
3
For additional information, contact Sarah Odle by telephone at 817-392-7316 or in writing at the
Housing & Economic Development Department, City of Fort Worth, 1000 Throckmorton Street,
Fort Worth, Texas 76102.
4
Berry University Neighborhood Empowerment Zone
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Legend Prepared On:December 15,201'0
N COPYRIGHT 2070 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS.
THIS DATA IS TORE USED FOR AGRA PHICAL REPRESENTATION ONLY,THE ACCURACY IS NOT TO BETAKEN/
I=Neighborhood Empowerment Zone USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGIS TE RED PROF ESSIONAL LAND
Neighborhood THE CITY OF FORT WORTH ASSUMES NO RESPONSIB(UTY FOR THEACCURACYOF SAID DATA
Im Urban Village F... Miles FORTWO TH.
Park 0 0.125 0.25 0.5
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 411512014 - Ordinance No. 21204-04-2014 & Resolution
No. 4313-04-2014
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DATE: Tuesday, April 15, 2014 REFERENCE NO.: G-18183
LOG NAME: 17NIEZRENEWBERRYUNIVERSITY
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Re-Designating the Berry/University Area as a Neighborhood
Empowerment Zone and Adopt Ordinance Re-Designating the Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 13 (COUNCIL DISTRICTS 3 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing regarding the re-designation of the Berry/University area Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 13, pursuant to the Texas Property Redevelopment
and Tax Abatement Act, Tax Code Chapter 312;
2. Adopt the attached resolution to re-designate the Berry/University area as a Neighborhood
Empowerment Zone; and
3. Adopt the attached ordinance re-designating the Berry/University area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 13, pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
The City Council approved the Policy Statement on the Creation of Local Neighborhood Empowerment
Zone' s (NEZ) on April 25, 2000 (M&C G-12897) and amended it on December 7, 2010 (M&C G-17133),
in accordance with Chapter 378 of the Texas Local Government Code. The City Council also authorized
the City Manager to identify neighborhood areas that may be eligible for NEZ designation and to develop
administrative procedures for the NEZ Program.
The NEZ Administrative Procedures were adopted by the City Council on October 3, 2000 (M&C G-
13030) and amended on May 15, 2007 and December 7, 2010 to initiate improved program
requirements. The procedures included two methods by which a NEZ may be designated:
1. City Council designation, or
2. A neighborhood sponsor application process.
On May 21, 2013, by Resolution No. 4209-05-2013 (M&C G-17901) the City Council elected to be eligible
to participate in tax abatements and has established guidelines and criteria governing Tax Abatement
Agreements entered into by the City and various third parties, as authorized by and in accordance with
Chapter 312 of the Texas Tax Code.
On January 6, 2004, (M&C G-14214) the City Council adopted Resolution No. 3030 to designate the
Logname: 17NEZRENEWBERRYUNIVER.SITY Page I of 2
Berry/University area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15815,
which designated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ)
No. 13.
The Berry/University NEZ will be re-designated by the City Council upon the adoption of the Resolution
attached to this Mayor and Council Communication. The area within the Berry/University NEZ is also
being re-designated as a Fort Worth Neighborhood Empowerment Reinvestment Zone No. 13 (FWNERZ),
pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312 so that
tax abatements may be granted within the designated area.
The main boundaries of the re-designated Berry/University NEZ and the FWNERZ are:
• Park Hill Drive and McPherson Avenue on the north;
• University Drive and Stadium Drive on the west-,
• Devitt Street and Dickson Street on the south; and
• 8th Avenue and Willing Avenue on the east.
The re-designated Berry/University NEZ and the FWNERZ have a population of 6,486 persons, is 1.2
square miles in size and meets the following designation requirements under the City' s NEZ policy:
• Promotes the creation of quality affordable housing in the zone-,
• Will bring about economic development in the zone-,
• Is 73 percent within the Central City and 71 percent of the proposed NEZ area is
Community Development Block Grant (CDBG) eligible-,
• Is considered distressed based on census data on population, socio-demographics and
other factors; 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 investment in the zone that would be a benefit to the
property, and that would contribute to the economic development of the City.
Staff recommends re-designating the Berry/University NEZ and renewing the Reinvestment Zone
designation to promote further development in the Berry/University area. The public hearing notice was
published in the Fort Worth Star-Telegram on April 4, 2014.
The Berry/University NEZ and the FWNERZ are located in COUNCIL DISTRICTS 3 and 9.
FISCAL INFORMATION /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)
Jesus Chapa (5804)
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Sarah Odle (7316)
Logname: 17NEZRENEWBERRYIJNIVERSITY Page 2 of 2