HomeMy WebLinkAboutOrdinance 18481-02-2009ORDINANCE NO 18481-02-2009
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, on February 3 2004 the City Council designated the Lake Arlington area
as a Neighborhood Empowerment Zone by Resolution Number 3041 (M&C G 14247), to
promote (1) the creation or rehabilitation of affordable housing m the zone, or (2) an increase m
economic development m the zone, or (3) an increase m the quality of social services, education
or public safety provided to the residents of the zone; and
WHEREAS pursuant to the City Council s adoptron on May 15 2007 of Resolution No
3487 (M&CG-15726), the Crty of Fort Worth, Texas (the `City") has elected to be eligible to
participate m 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 on February 3 2004 the City Council designated the Lake Arlington area
as Neighborhood Empowerment Reinvestment Zone No 16 by Ordinance Number 15854 (M&C
G 14247) and
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
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WHEREAS Chapter 312.203 of the Code allows for a reinvestment zone to be renewed
for a period not to exceed five years, and
WHEREAS the Zone expired on February 2, 2009 and the City Council wishes to renew
the Zone for a period of five years, and
WHEREAS notice of the Public Heanng was published in a newspaper of general
circulation m the City on February 9 2009• and
WHEREAS notice of the Public Heanng was delivered m 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 umt that includes m its boundaries real property that is to be included. in the
proposed Zone; and
WHEREAS on February 17 2009 the Crty Council held a public hearing regarding the
renewal of the Zone ("Public Heanng") and
WHEREAS, the Neighborhood Empowerment Zone No 16 will promote the creation of
affordable housing in the zone and an increase m economic development in the Zone; 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;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE.
CITY OF FORT WORTH, TEXAS
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SECTION 1
FINDINGS.
That after reviewing all information before rt 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 m 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; 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 m 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 mayor investment m 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 m the Zone will benefit the land included in the Zone as well as the
City for a period in excess often (10) years, which is the statutory maximum term of any
tax abatement agreement entered into under Chapter 312 of the Code.
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SECTION 2.
RENEWAL AND RE-DESIGNATION OF ZONE
That the Crty Council hereby renews and re-designates the Zone described m 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 16 City of
Fort Worth, Texas" The area within the Zone is eligible for residential and commercial
industrial tax abatement pursuant to Resolution No 3487
SECTION 3.
TERM OF ZONE.
That the Zone shall be renewed upon February 17 2009 and expire five (5) years
thereafter The Zone maybe 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
mvahd, 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 m full force and
effect and shall not in any way be impaired or affected by such decision, opinion or judgment.
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SECTION 5.
EFFECTIVE DATE.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED
ADOPTED AND EFFECTIVE February 17, 2009
APPROVED AS TO FORM AND LEGALITY
By.
Charlene Sanders
Assistant City Attorney
Date 2 ~ ~ ~~ ~ C(
M&C •G-16474
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EXHIBIT A
Lake Arlington Neighborhood Empowerment Reinvestment
Zone No 16
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 m the Tarrant Plat Records m
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 m the Tarrant Plat Records m
Volume 388-6, Page 96 thence southeasterly along the northeastern property lines of Lots 11
12, 13 Block 26 Carver Heights subdivision, as recorded m the Tarrant Plat Records m Volume
388-6 Page 96 thence southeasterly along the northeastern property line of Tract A, Block 26
Carver Heights subdivision, as recorded m the Tarrant Plat Records m 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 m Volume 388-6 Page 96, thence southeasterly to Lot
41R1 Block 26 Carver Heights subdivision, as recorded in the Tarrant Plat Records m Volume
388-15 Page 598, thence southeasterly to Tract B Lot 26, as recorded in the Tarrant Plat
Records m 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 1 D J A Creary
Survey as recorded m the Tarrant Deed Records m Volume 15635 Page 383 thence continuing
eastward crossing Abstract 269 Tract 1 D 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 rt was prepared.
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 2/17f2009 -Ord. No: 18481-02-2009
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DATE Tuesday February 17 2009 REFERENCE NO G-16474
LOG NAME 17LANERZ
SUBJECT
Conduct Public Hearing and Adopt Ordinance Concerning Renewal of the Lake Arlington Neighborhood
Empowerment Reinvestment Zone No 16
RECOMMENDATION
It is recommended that the City Council
1 Hold a public hearing concerning the renewal of the Lake Arlington area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No 16 and
2. Adopt the attached ordinance which designates the renewal of Fort Worth Neighborhood Empowerment
Reinvestment Zone No 16 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code Chapter 312
DISCUSSION
On February 3 2004 (M&C G-14247) the City Council adopted Resolution No 3041 to designate
the Lake Arlington area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance
No 15854 which designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No
16
According to the Texas Property Redevelopment and Tax Abatement Act, Tax Code Chapter 312, the
designation of a reinvestment zone for residential or commercial-industrial tax abatement expires five
years after the date of the designation and may be renewed for periods not to exceed five years
The current ordinance designating FWNERZ No 16 expired on February 2 2009 and must be renewed in
order for the City of Fort Worth to be eligible to participate in the NEZ tax abatement authorized by
Chapter 312
According to State law in order to adopt the attached ordinance for renewal five members of the City
Council must vote in favor of adoption
FWNERZ No 16 and the Lake Arlington NEZ 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
Logname 17LANERZ Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office b~ Thomas Higgins (6140)
Originating Department Head Jay Chapa (6192)
Additional Information Contact: Sarah Odle (7316)
Logname: 17LANERZ Page 2 of 2