HomeMy WebLinkAboutOrdinance 21206-04-2014 ORDINANCE NO. 21206-04-2014
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 17, 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 24, 2004, the City Council designated the Stop Six area as a
Neighborhood Empowerment Zone by Resolution Number 3048-02-2004 (M&C G-14272) 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 Stop Six area as
Neighborhood Empowerment Reinvestment Zone No. 17 by Ordinance Number 18482-02-2009
(M&C G-16475); and
WHEREAS, on April 15, 2014, the City Council re-designated the Stop Six 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
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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. 17 is located
within the Stop Six Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No. 17 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(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;
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. 21206-04-2014
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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 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 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 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. 17, City of Fort Worth, Texas". The area
within the Zone is eligible for residential and commercial-industrial tax abatement pursuant to
Resolution No. m .-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.
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
Ordinance No. 21206-04-2014
Page 3 of 4
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,: April 15, 2014
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos, Assistant City Attorney 4ar Kay 'i y S retary
M&C: G-18185
Ordinance No. 21206-04-2014
Page 4 of 4
EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 17
Stop Six
General. Description
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No.
17 for tax abatement purposes contains 4.1. square miles of land and is described below:
On the North: Beginning at the intersection of Union Pacific Railroad and the northwest comer
of Lot 1, Block 2 of the Murray Hill Addition, as recorded in Volume 63, Page 1, 1.7 of the
Tarrant County plat records, thence east on Union Pacific Road to Tierney Road, thence north on
Tierney Road to Old Handley Road, thence east on Old Handley Road to Union Pacific Railroad
thence east on Union Pacific Railroad to Interstate 820.
On the East: Beginning at the intersection of Interstate 820 South and Union Pacific Railroad,
thence south along Interstate 820 South to Oakdale Drive.
On the South: Beginning at the intersection of Interstate 820 South and Oakdale Drive, thence
west on Oakdale Drive to Nelms Drive, thence south on Nelms Drive to Wilbarger Street, thence
west on Wilbarger Street to Carey Road, thence south on Carey Road to Brush Creek Road,
thence west on Brush Creek Road to Village Creek Boulevard, thence south on Village Creek
Boulevard to the westbound frontage road of U.S. Highway 287, thence west on the westbound
frontage road of U.S. Highway 287 to its intersection with the southwest comer of Lot 1, Block
5R of the Village Creek Industrial Park Addition, as recorded in Volume 388-1, Page 67 of the
Tarrant County plat records, thence north along the western property line of Lot I, Block 5R of
the Village Creek Industrial Park Addition, as recorded in Volume 388-1, Page 67 of the Tar-rant
County plat records to the southeast corner of Lot 1, Block 4 of the Edgewood Park Addition, as
recorded in Volume 388-2, Page 65 of the Tarrant County plat records, thence north along the
eastern property line of Lot 1, Block 4 of the Edgewood Park Addition, as recorded in Volume
388-2, Page 65 of the Tarrant County plat records to Wilbarger Street, thence west on Wilbarger
Street to Edgewood Terrace, thence north on Edgewood Terrace to Eastland Street, thence west
on Eastland Street to Hughes Avenue.
On the West: Beginning at the intersection of Hughes Avenue and Eastland Street, thence north
on Hughes Avenue to Berry Street, thence east on Berry Street to Edgewood Terrace, thence
north on Edgewood Terrace to Forbes Street, thence west on Forbes Street to Miller Avenue,
thence north on Miller Avenue to Avenue N, thence east on Ave N to Coleman Avenue, thence
north on Coleman Avenue to Avenue J, thence west on Avenue J to Miller Avenue, thence north
on Miller Avenue to Rosedale Street, thence east on Rosedale Street to the southwest corner of
Lot 10, Block I of the Murray Hill Addition, as recorded in Volume 63, Page 117 of the Tarrant
County plat records, thence north along the western property line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2,
and 1, Block I of the Murray Hill Addition, as recorded in Volume 63, Page 117 of the Tat-rant
County plat records, to the northwest corner of Lot 1, Block I of the Murray Hill Addition, as
recorded in Volume 63, Page 117 of the Tan-ant County plat records, thence north across
Windomere Street to the southwest corner of Lot 9, Block 2 of the Murray Hill, Addition, as
recorded in Volume 63, Page 117 of the Tarrant County plat records, thence north along the
western property line of Lots 9, 8, 7, 6, 5, 4, 3, 2, and 1, Block 2 of the Murray Hill Addition, as
recorded in Volume 63, Page 117 of the Tarrant County plat records, to the northwest comer of
Lot 1, Block 2 of the Murray Hill Addition, as recorded in Volume 63, Page 117 of the Tarrant
County plat records, thence north to the Union Pacific Railroad.
The area bounded by Avenue G on the north, Liberty Street on the east, Calumet Street on the
South, and Amanda Avenue on the west is not included in Fort Worth Neighborhood
Empowerment Reinvestment Zone No.17.
2
Stop Six Neighborhood Empowerment Zone
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Legend Prepared On December 16,2010
N COPYRIGHT 2)10 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS,
NNeighborhood Empowerment THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY.THE ACCURACY IS NOT TO BE TAKEN
eighborhood mpowerment Zone USED AS DATAPRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND
SURVEYOR THE CITY OF FORT WORTH A SSUMES NORESPCNSIBIUTYFOR T}IE ACCURACY OF' ID DATA
Urban Village Miles
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Mayor ���� =� Council Communication N��N�� �� ��"N ��0 ���
COUNCIL ACTION: Approved � �����0 ���� 21
~�w�»���� ' � /�^ .
No. 431 4 ^ ��
DATE: Tuesday, April 15, 2014 REFERENCE NO.: E-18185
LOG NAH0E: 17NEZRENEWSTOPS|X
Conduct 8 Public Hearing, Adopt Resolution Re-Designating the Stop Six Area 8SaNeighborhood
Ennpovv8nn8nt Zone and Adopt Ordinance Re-Designating the Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 17 (COUNCIL DISTRICT 5)
RECOMMENDATION:
|tia recommended that the City Counci|�
1. Conduct 8 public hearing regarding the re-designation of the Stop Six area Fort Worth Neighborhood
EDlpOw8nn8nt Reinvestment Zone NO, 17, pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code Chapter 312;
2. Adopt the attached resolution tn re-designate the Stop Six area 8o8 Neighborhood Empowerment
ZODe; and
3. Adopt the attached ordinance re-designating the Stop Six area aS Fort Worth Neighborhood
Empowerment Reinvestment Zone NO. 17' pursuant b3 the Texas Property Redevelopment and Tax
Abatement ACt, Tax Code, Chapter 312.
The City Council approved the Policy Statement on the creation of Local Neighborhood Empowerment
Zone (NEZ) OD April 25. 2OOO (W1&CG-12007) and amended iton December 7. 2O1O (K8&CG-17133). in
accordance with Chapter 378Of 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 NEZProgram.
The NEZAdministrative Procedures were adopted by the City Council oO October 3. 2OOO (M&CG-
13U30) and amended OD May 15. 20O7 and December 7' 2O1Oto initiate improved program
requirements. The procedures included two methods by which aNEZ may bedesignated:
1. City Council designation; or
2. A neighborhood sponsor application process.
C)n May 21, 2O13. by Resolution No. 42O3-O5-2O13 (K8&CG-17O01) the City Council elected tObeeligible
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 312nf the Texas Tax Code.
[ogouzoe: l7N]BZRENEYVST()PSTX Page of
On February 24, 2004, (M&C G-14272) the City Council adopted Resolution No. 3048 to designate the
Stop Six area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 15886, which
designated the area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 17.
The Stop Six 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 Stop Six NEZ is also being re-designated
as a Fort Worth Neighborhood Empowerment Reinvestment Zone No. 17 (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 Stop Six NEZ and the FWNERZ are:
• Union Pacific Railroad on the north;
• Hughes Avenue and Edgewood Terrace on the west;
• Eastland Street and Wilbarger Street on the south; and
• East Loop 820 on the east.
The re-designated Stop Six NEZ and the FWNERZ have a population of 5,923 persons, is 4.1 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 100 percent within the Central City and 100 percent of the proposed IVEZ 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 Stop Six NEZ and renewing the Reinvestment Zone designation to
promote further development in the Stop Six area. The public hearing notice was published in the Fort
Worth Star-Telegram on April 4, 2014.
The Stop Six NEZ and the FWNERZ are 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.
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: 17NEZRENEWSTOPSIX Page 2 of 2