HomeMy WebLinkAboutOrdinance 21205-04-2014 ORDINANCE NO. 21205-04-2014
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 16, 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 on 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 February 3, 2004, the City Council designated the Lake Arlington area
as a Neighborhood Empowerment Zone by Resolution Number 3041-02-2004 (M&C G-14247)
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 February 17, 2009, the City Council re-designated the Lake Arlington
area as Neighborhood Empowerment Reinvestment Zone No. 16 by Ordinance Number 18481-
02-2009 (M&C G-1.6474); and
WHEREAS, on April 15, 2014, the City Council re-designated the Lake Arlington 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
Ordinance No. 21205-04-2014
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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. 16 is located
within the Lake Arlington Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No. 16 will promote the creation of
affordable housing in the zone and an increase in economic development in the zone; and
WHEREAS, on April 15, 2014, the City Council held a public hearing regarding the
creation of the Zone which 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 April 4, 2014, 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(4)(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:
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
Ordinance No. 21205-04-2014
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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 rnajor 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 maximum term of any
tax abatement agreement entered into under the Chapter 312 of the Code.
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 a part of this Ordinance for all purposes as a
reinvestment zone for purposes of granting residential and cornmercial-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. 16, City of Fort Worth, Texas". The area
within the Zone is eligible for residential and coiTunercial.-industrial. tax abatement pursuant to
Resolution No. -04-2014.
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,
Ordinance No. 21205-04-2014
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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 Jr.
EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: April 15. 2014
APPROVED AS TO FORM AND LEGALITY:
By:LtkIiN.
Melinda Ramos, Assistant City Attorney pry K Cij� §ecretary
M&C: G-18184
Ordinance No. 21205-04-201.4
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EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 16
Lake Arlington
General Description
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No.
16 for tax abatement purposes contains 1.98 square miles of land and is described below:
On the North: Beginning at the northbound frontage road of East Loop 820 and the northwest
corner of Lot 1, Block 26, Carver Heights subdivision, as recorded in the Tarrant Plat Records in
Volume 388-6, Page 96, thence eastwardly along the northern property lines of Lots 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, Block 26, Carver Heights subdivision, as recorded in the Tarrant Plat Records in
Volume 388-6, Page 96, thence southeasterly along the northeastern property lines of Lots 11,
12, 13, Block 26, Carver Heights subdivision, as recorded in the Tarrant Plat Records in Volume
388-6, Page 96, thence southeasterly along the northeastern property line of Tract A, Block 26,
Carver Heights subdivision, as recorded in the Tarrant Plat Records in Volume 388-15, Page
626, thence southeasterly along the northeastern property line of Lots 18, 19, 20, 21, 22, 23, 24,
25, 26, 27, 28, 29, 30, 31,32, 33, 34, 35, 36, 37, 38, 39, Block 26, Carver Heights subdivision, as
recorded in the Tarrant Plat Records in Volume 388-6, Page 96, thence southeasterly to Lot
4-IR1, Block 26, Carver Heights subdivision, as recorded in the Tarrant Plat Records in Volume
388-15, Page 598, thence southeasterly to Tract B, Lot 26, as recorded in the Tarrant Plat
Records in Volume 388-15, Page 598 to the northeast corner of Tract B, Block 26, Carver
Heights subdivision, thence east across Lake Arlington to Abstract 269, Tract ID, J A Creary
Survey, as recorded in the Tarrant Deed Records in Volume 15635, Page 383, thence continuing
eastward crossing Abstract 269, Tract 1D, J A Creary Survey to the Fort Worth city limit.
On the East: Beginning at the Fort Worth city limit, thence south along the Fort Worth city limit
line to the northern right-of-way of Interstate 20.
On the South: Beginning at the intersection of the Fort Worth city limits and the westbound
frontage road of Interstate 20, thence west along the westbound frontage road of Interstate 20 to
the northbound frontage road of East Loop 820.
On the West: Beginning at the intersection of the westbound frontage road of Interstate 20 and
the northbound frontage road of East Loop 820, thence north along the northbound frontage road
of East Loop 820 to 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.
16, the boundaries of the reinvestment zone, and/or the concept of tax abatement.
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 Tluockmorton Street,
Fort Worth, Texas 76102.
2
Lake Arlington Neighborhood Empowerment Zone
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Legend ' Prepared On.December 15,2010
V COPYRIGHT D10 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OFAPPUCABLE LAWS.
THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY.THE ACCURACY IS NOT TO BE TAKEN/
Neighborhood Empowerment Zone USED AS DATAPRODUCED FOR ENGINEERING PURPOSESOR BY A REGISTERED PROFESSIONAL LAND
E] 9 P SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPON SIB IUTY FOR THE ACCURACY OF SAID DATA
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 4/15/2014 - Ordinance No. 21205-04-2014 &;Resolution
No 4314-04-2014
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DATE: Tuesday, April 15, 2014 REFERENCE NO.: G-18184
LOG NAME: 17NEZRENEWLAKEARLINGTON
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Re-Designating the Lake Arlington Area as a Neighborhood
Empowerment Zone and Adopt Ordinance Re-Designating the Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 16 (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing regarding the re-designation of the Lake Arlington area Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 16, pursuant to the Texas Property Redevelopment
and Tax Abatement Act, Tax Code Chapter 312;
2. Adopt the attached resolution to re-designate the Lake Arlington area as a Neighborhood
Empowerment Zone; and
3. Adopt the attached ordinance re-designating the Lake Arlington area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 16, 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 (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 February 3, 2004, (M&C G-14247) the City Council adopted Resolution No. 3041 to designate the
Logname: 17NE,ZRENEWLAKEARLINGTON Wage 1 of 2
Lake Arlington area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15854,
which designated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone (F\N1NEF7Z)
No. 10.
The Lake Arlington 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 Lake Arlington NEZio also being
re-designated as a Fort Worth Neighborhood Empowerment Reinvestment Zone NO, 16 /FVVNERZ\,
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 Lake Arlington NEZ and the FWNERZ are:
• Truman Drive OO the O0rth
° East Loop 82OOn the west;
• Interstate Highway 20on the south-, and
• The Fort Worth City Limits on the east.
The re-designated Lake Arlington NEZ and the FVVNERZ have o population of 3,382 persons, is 1.98
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 iDthe zona�
• 100 percent Ofthe proposed NEZ8[e8 is Community Development Block Gr@Dt (COBG) 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 oSo
result of the designation to contribute to the retention or expansion of primary
employment Vrto attract major inveS1rneOtiOthezoneth@tvvOu|dbooben8fittOtho
property, and that would contribute tothe economic development of the City.
Staff recommends re-designating the Lake Arlington NEZ and renewing the Reinvestment Zone
designation to promote further development in the Lake Arlington area. The public hearing notice was
published iDthe on April 4. 3U14.
The Lake Arlington NEZ and the FVVNERZ@re located in COUNCIL DISTRICT 5.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
CERTIFICATIONS:FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by:
Fernando Costa (0122)
JeSUSChopo /5804\
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Sarah Odle (7310)
Logname: 17NEZRENEWLAKEARLINGTON Page Zot2