HomeMy WebLinkAboutOrdinance 21218-04-2014 ORDINANCE NO. 21218-04-2014
AN ORDINANCE RENEWING AND RE-DESIGNATING A
CERTAIN AREA IN THE CITY OF FORT WORTH AS
"NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE
NO. 36, 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 of
Resolution No. 4209-05-2013 (M&C G-16901), 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 (tire *'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")
tlu-ough 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 January 6, 2009, the City Council designated the Oakland
Corners area as a Neighborhood Empowerment Zone by Resolution Number 3704-01-
2009 (M&C G-16408) 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 January 6, 2009, the City Council designated the Oakland
Corners area as Neighborhood Empowerment Reinvestment Zone No. 36 by Ordinance
Number 18425-01-2009 (M&C G-16408); arid
Ordinance No.21218-04-2014
Page 1 of 8
WHEREAS, in accordance with Chapter 312.203 of the Code, the designation
of a reinvestment zone for residential or commercial-industrial tax abatement expires
five years after the date of the designation; and
WHEREAS, the Zone expired on January 5, 2014, and the City Council wishes
to re-establish the Zone for a period of five years; and
WHEREAS, on April 212, 2014, the City Council held a public hearing
regarding the renewal of the Zone ("Public Hearing"); and
WHEREAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City on April 14, 2014-1 and
WHEREAS, notice of the Public Hearing was delivered in writing riot 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; and
WHEREAS, Neighborhood Empowerment Zone No. 36 will promote the
creation of affordable housing in the zone and an increase in economic development in
the 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 renewal of a reinvestment zone under Chapter 312
of the Code;
Ordinance No.21218-04-2014
Page 2 of 8
1.2. The boundaries of the reinvestment zone shall he 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 Section 312,202 of the Code, 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 Chapter 312
of the Code.
SECTION 2.
RENEWAL AND RE-DESIGNATION OF ZONE.
That the City Council hereby renews and 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 continue to be known as "Neighborhood
Empowerment Reinvestment Zone No. 36, City of Fort Worth, Texas". The area within
the Zone is eligible for residential and commercial-industrial tax abatement pursuant to
Resolution No. 4209-05-2013,
SECTION 3.
TERM OF ZONE.
That the Zone shall be renewed upon April 22, 2014, 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.2 121 8-04-20 14
Pa-e 3 of 8
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.
EFFECTIVE DATE.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: April2'_
_ 21
2014
APPROVED AS TO FOP\1\4 AND LEGALITY:
By:
Melinda Ramos Mary, r
Sr. Assistant City Attorney City Se -etary
M&C-. G-18196
Ordinance No.21218-04-2014
Page 4 of 8
..............
EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 36
Oakland Corners
General Description
The property to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone
No. 36 for tax abatement purposes contains 875 acres of land and is described below:
A parcel of land out of the Perry Anderson Survey, Abstract Number 32, the Ephraim M.
Daggett Survey, Abstract Number 431, the William Mann, Abstract Number 996, the William R.
McFaddin Survey, Abstract Number 1076, the J. L Purvis Survey, Abstract Number 1228, the
John Ringer Survey, Abstract Number 1287, the J. W. Sublett Survey, Abstract 'Number 1409,
the Juan Annendaris Survey, Abstract Number 1773, Tarrant County, Texas, situated South 70
degrees East, 2.8 miles, from the Courthouse in Fort Worth, and being more particularly
described by meets and bounds as follows to wit:
BEGINNING at the intersection of the centerlines of the Union Pacific Railroad, and Beach
Street;
THENCE with the centerline of Beach Street,NORTH, 2362 feet, to its intersection with the
south right-of-way of Interstate Highway Number 30;
THENCE with said right-of-way, the following courses and distances; North 84 degrees 27
minutes East, 104 feet;North 74 degrees 29 minutes East, 744 feet; and, North 78 degrees 47
minutes East,129 feet, to its intersection with a line 35 foot east of the west line of Lot 10, Block
17, Sycamore Heights Addition, according to plat thereof recorded in Volume 309, Page 11, of
the Plat Records of Tarrant County, Texas;
THENCE with a line 35 foot east of and parallel with said west line, SOUTH, some 338 feet, to
the northwest comer of that certain parcel of land described by deed to Robert Greer, Jr., by deed
recorded in Volume 15961, Page 308, of the Deed Records of arrant County, Texas, said corner
being 201 feet, north.of the north right-of-way of Scott Street, according to said plat;
THENCE with the north line of said Greer Parcel, to and along the north line of that certain
parcel of land described by deed to Dorothy Jean Callahan., by deed recorded in Volume 15632,
Page 443, of the Deed Records of Tarrant County, Texas, EAST, 150 feet, to the northeast comer
of said Callahan Parcel;
THENCE with the east line of said Callahan Parcel, SOUTH, 86 feet, to its intersection with the
projection of the north line of that certain parcel of land described by deed to Edward Yauger, by
deed recorded in Volume 3949, Page 450, of the Deed Records of Tarrant County, Texas;
THENCE EAST, to and along the north line of said Yauger Parcel, and to and along the north
line of that certain parcel of land described by deed to Cash Mortgage Corporation, by deed
recorded in Volurne 13859, Page 551, of the Deed Records of Tarrant County, Texas, 245 feet,
to its northeast corner-,
THENCE with the east line of said Cash Mortgage Corporation Parcel, SOUTH, 5 feet, to the
northwest comer of that certain parcel of land described by deed to Cash Mortgage Corporation,
by deed recorded in Volume 13859, Page 547, of the Deed Records of Tarrant County, Texas
THENCE with the north line of said Cash Mortgage Corporation Parcel, EAST, 50 feet, to the
I
west line of that certain parcel of land described by deed to Cash Mortgage Corporation, by deed
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recorded in Volume 13859, Page 549, of the Deed Records of Tarrant County, Texas
THENCE with the west line of said Cash Mortgage Corporation Parcel, NORTH,
10.2 feet, to its northwest corner;
THENCE with the north line of said Cash Mortgage Corporation Parcel, EAST, 50 feet, to its
northwest corner, and to its intersection with a line 30 foot east of the west line of Lot 15, Block
17, of said Sycamore Heights Addition;
THENCE with a line 30 foot east of and parallel with said west line, SOUTH, sorne 192 feet, to
the centerline of Scott Avenue;
THENCE with the centerline of Scott Avenue, the following courses and distances, EAST, 354
feet, North 75 degrees East, 44 feet; to its intersection with
th the west line of Lot 20, Block 17, of
said Sycamore Heights Addition; and, EAST, 100 feet, to its intersection with the east line of Lot
20, Block 17, of said Sycamore Heights Addition;
THENCE with the east line of said Lot 20, SOT-JTH7 496 feet, to its intersection with the
centerline of Young Street;
THENCE with the centerline of Young Street, EAST, 446 feet, to its intersection with the
centerline of Barron Street;
THENCE with the centerline of Barron Street, SOUTH, 406 feet, to its intersection with the
centerline of View Street;
THFNCF with the centerline of View Street, the following courses and distances; EAST, 1354
feet; North 83 degrees 48 minutes East, 2331 feet; and EAST, 1731, feet, to its intersection with
the centerline of Ayers Avenue;
2
THENCE with the centerline Ayers Avenue, SO("J'H, 448 feet, to its intersection with the
centerline of Meadowbrook Drive;
THENCE with the centerline of Meadowbrook Drive, the following courses and distances; South
86 degrees 33 minutes East, 133 feet; South 76 degrees 51 minutes East, 901 feet; North 61
degrees 54 minutes East, 503 feet-, North 58 degrees 35 minutes East, 1214 feet; and EAST, 2780
feet, to its intersection with the centerline of Edgewood Terrace;
THENCE with the centerline of Edgewood Terrace, SOUTH, 4030 feet, to its intersection with
the centerline of the Union Pacific Railroad;
THENCE with the centerline of the Union Pacific Railroad, the following courses and distances,
South 85 degrees 38 minutes West, 5003 feet; South 88 degrees 37 minutes West, 100 feet-,
North 83 degrees 19 minutes West, 100 feet; North 83 degrees 55 minutes West, 100 feet; North
83 degrees 37 minutes West, 100 feet; North 82 degrees 21 minutes West, 100 feet; North 82
degrees 31 minutes West, 100 feet; North 80 degrees 30 minutes West, 100 feet; North 70
degrees 51 minutes West, 100 feet; North 69 degrees 24 minutes West, 100 feet; North 70
degrees 10 minutes West, 100 feet; North 67 degrees 29 minutes West, 100 feet; North 65
degrees 23 minute-, West, 100 feet; North 64 degrees 42 minutes West, 100 feet; North 64
degrees 05 minutes West, 100 feet; North 61 degrees 44 minutes West, 100 feet; North 58
degrees 00 minutes West, 3672 feet; North 53 degrees 46 minutes West, 100 feet; North 53
degrees 37 minutes West, 100 feet; North 53 degrees 12 minutes West, 100 feet;North 55
degrees 38 minutes West, 100 feet; North 55 degrees 43 minutes West, 100 feet; North 55
degrees 02 minutes West, 100 feet; North 56 degrees 33 minutes West, 100 feet; North 60
degrees 36 minutes West, 100 feet; North 62 degrees 32 minutes West, 100 feet; North 63
degrees 53 minutes West, 100 feet; North 67 degrees 01 minutes West, 100 feet; North 66
degrees 43 minute-, West, 100 feet; North 71 degrees 56 minutes West, 100 feet; North 71
degrees 07 minutes West, 100 feet; North 73 degrees 20 minutes West, 100 feet; North 74
degrees 48 minutes West, 100 feet; North 78 degrees 01 minutes West, 100 feet, and North 80
degrees 21 minutes West, 100 feet, to the Place of Beginning, and containing some 875 acres or
1.37 square miles of land, more or less.
This description prepared by Hans Kevin Hansen, RPLS 9 4786, in October and November
2008.
Bearings and distances, per cited 'instruments, and Oakland Corners NEZ map dated April, 2008,
prepared by the City of Fort Worth, Planning and Development Department.
"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
designation of the property as Fort Worth Neighborhood Empowerment Reinvestment Zone No.
36, the boundaries of the reinvestment zone, arid/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 and .Economic Development Department, City of Fort Worth, 1000 `-hrockmorton
Street, Fort Worth, Texas 76102.
4
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/22/2014 - Ordinance No. 21218-04-2014 & Resolution
No. 4317-04-2014
DATE: Tuesday, April 22, 2014 REFERENCE NO.: G-18196
LOG NAME: 17NEZOAKLANDCORNERSNERZ
SUBJECT:
Conduct a Public Hearing, Adopt Resolution Re-Designating the Oakland Corners Area as a Neighborhood
Empowerment Zone and Adopt Ordinance Re-Designating Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 36 (COUNCIL DISTRICTS 5 and 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing regarding the re-designation of the Oakland Corners area Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 36, pursuant to the Texas Property Redevelopment
and Tax Abatement Act, Tax Code Chapter 312;
2. Adopt the attached resolution to re-designate the Oakland Corners area as a Neighborhood
Empowerment Zone, and
3. Adopt the attached ordinance re-designating the Oakland Corners area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 36, pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On April 25, 2000, (M&C G-12897) the City Council approved the Policy Statement on the creation of
Local Neighborhood Empowerment Zone (NEZ) 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 6-
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, (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, 2009, (M&C G-16408) the City Council adopted Resolution No. 3704 to designate the
Logname: ]7NEZOAKLANDCOR.NERSNERZ, Page 1 of
Oakland Corners area as aNeighborhood Empowerment Zone (NEZ) and adopted Ordinance No. 18425
which designated theonsamsFnrtVVorthNeighborhoodEmpowermentReinmantmentZone (FVVNERZ)
No� 36.
The Oakland Corners NEZ will be re-design2ted NEZ by the City Council upon the adoption of the
Resolution attached &othis Mayor and Council Communication. The area within the Oakland Corners
NEZ is also being re-designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 36
(FWNERZ), pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter
312aothat tax abatements may begranted within the designated anaa.
The main boundaries of the re-designated Oakland Corners NEZ and the FWNERZ are:
° View Street and W4eeduwbrookDrive onthe north-
° Beach Street onthe west
.
" Union Pacific Railroad nnthe oVuth-. and
° Ed0ewoodTerrace onthe east.
The re-designated Oakland Corners NEZ and the FVVNERZ have o population of 6,494 persons, is 1.36
miles in size and meets the following designation requirements under the City's NEZ policy:
• Promotes the creation ofquality affordable housing inthe zone�
* Is 100 percent within the Central City and 86 percent of the proposed NEZ area is Community
Development Block Grant (CDB6) eligible,
• Is considered distressed based on census data on population, socio-demographics and other
factors;
° Meets the criteria for Reinvestment Zone designation inthat the area, is reasonably likely as o
result of the designation to contribute to the retention or expansion of primary employment or to
attract major investment inthe zone that would beabenefit tothe prnperty, and that would
contribute to the economic development of the City.
Staff recommends re-designating the Oakland Corners NEZ and renewing the Reinvestment Zone
designation topromote further development inthe Oakland Corners area. The public hearing notice was
published inthe onApril 4. 2O14.
The Oakland Corners NEZand the FVVNEF<Z are located inCOUNCIL DISTRICTS 5and G.
CERTIFICATION:FISCAL INFORMATION /
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
CENTERS:FUND
TO Fund/Accou ntiC enters FROM Fund/Account/Centers
Submitted for City Manager's Office-by:
Fernando Costa (6122)
Jay Chapa (5804)
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Sarah Odle (7316)
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