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HomeMy WebLinkAboutOrdinance 18482-02-2009ORDINANCE NO 18482-02-2009 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, on February 24 2004 the City Council designated the Stop Six area as a Neighborhood Empowerment Zone by Resolution Number 3048 (M&C G- 14272), 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 in the quality of social services, education or public safety provided to the residents of the zone; and WHEREAS pursuant to the City Council s adoption on May 15 2007 of Resolution No 3487 (M&CG-15726), the City 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 24 2004 the City Council designated the Stop Six area as Neighborhood Empowerment Reinvestment Zone No 17 by Ordinance Number 15886 (M&C G 14272) 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 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 shall expire on February 23 2009 and the City Council wishes to renew the Zone for a period of five years, and WHEREAS notice of the Public Hearing was published m a newspaper of general circulation m the City on February 9 2009 and WHEREAS notice of the Public Hearing 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 rts boundaries real property that is to be included m the proposed Zone; and WHEREAS on February 17 2009 the City Council held a public hearing regarding the renewal of the Zone ("Public Hearing") and WHEREAS the Neighborhood Empowerment Zone No 17 will promote the creation of affordable housing m the zone and an increase in economic development m the Zone; and WHEREAS, the City Council desires to promote the development of the area m 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 m accordance with Chapter 312 of the Code; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS 2 SECTION 1 FINDINGS. That after reviewing all information before rt regarding the establishment of the Zone and after conducting the Public Heanng and affording a reasonable opportunity for all interested persons to speak and present evidence for or against the creation of the Zone, the Crty 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 Crty 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 m 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, m 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 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 Crty for a period m excess of ten (10) years, which is the statutory maximum term of any tax abatement agreement entered into under Chapter 312 of the Code. 3 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 m accordance with Chapter 312 of the Code. The Zone shall continue to 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 3487 SECTION 3 TERM OF ZONE. That the Zone shall be renewed upon February 24 2009 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 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 in full force and effect and shall not in any way be impaired or affected by such decision, opinion or~udgment. 4 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 fCrty Af ttorney Date: ~ 1 ~ ~ 1 ~ ~1 M&C G .16475 5 EXHIBIT A Stop Six Neighborhood Empowerment Reinvestment Zone No 17 General Descn tp ion• 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 corner of Lot 1 Block 2 of the Murray Hill Addition, as recorded in Volume 63 Page 117 of the Tarrant County plat records, thence east on Umon Pacific Road to Tierney Road, thence north on Tierney Road to Old Handley Road, thence east on Old Handley Road to Umon Pacific Railroad, thence east on Umon Pacific Railroad to Interstate 820 On the East: Beginning at the intersection of Interstate 820 South and Umon Pacific Railroad, thence south along Interstate 820 South to Oakdale Dnve. On the South Beginning at the intersection of Interstate 820 South and Oakdale Dnve, thence west on Oakdale Dnve to Nelms Dnve, thence south on Nelms Dnve 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 corner of Lot 1 Block SR of the Village Creek Industnal Park Addition, as recorded m Volume 388-1 Page 67 of the Tarrant County plat records, thence north along the western property line of Lot 1 Block SR of the Village Creek Industnal Park Addition, as recorded m Volume 388-1 Page 67 of the Tarrant County plat records to the southeast corner of Lot 1 Block 4 of the Edgewood Park Addition, as recorded m 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 1Vliller 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 1 of 6 the Murray Hill Addition, as recorded m 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 1 of the Murray Hill Addition, as recorded in Volume 63 Page 117 of the Tarrant County plat records, to the northwest corner of Lot 1 Block 1 of the Murray Hill Addition, as recorded in Volume 63 Page 117 of the Tarrant County plat records, thence north across Windomere Street to the southwest corner of Lot 9 Block 2 of the Murray Hill Addition, as recorded m 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 m Volume 63 Page 117 of the Tarrant County plat records, to the northwest corner 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 Umon 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 m Fort Worth Neighborhood Empowerment Reinvestment Zone No 17 `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 m real property except those nghts or interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which rt was prepared. 7 City of Fort Worth, Texas Mayor and Council Communication :. :,.: ~~ COUNCIL ACTION: Appr©ved on 2/171200.9 -Ord.. No, 18482-02-2009 ~_ ~ - -- ~~ .w~ ,~ ~~ k-- ~--~~,.~~~---- DATE Tuesday February 17 2009 REFERENCE NO G-16475 LOG NAME 17STOPSIXNERZ SUBJECT Conduct Public Hearing and Adopt Ordinance Concerning Renewal of the Stop Six Neighborhood Empowerment Reinvestment Zone No 17 RECOMMENDATION It is recommended that the City Council 1 Conduct a public hearing concerning the renewal of the Stop Six area as Fort Worth Neighborhood Empowerment Reinvestment Zone No 17 and 2 Adopt the attached ordinance which designates the renewal of Fort Worth Neighborhood Empowerment Reinvestment Zone No 17 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code Chapter 312 DISCUSSION 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 Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No 17 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 17 expires on February 23 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 17 and the Stop Six 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 Logname• 17STORSIXNERZ Page 1 of 2 FUND CENTERS TO .Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS Submitted for Cif Manager's Office b~ Thomas Higgins (6140) Originating Department Head Jay Chapa (6192) Additional Information Contact: Sarah Odle (7316) Logname• 17STOPSIXNERZ Page 2 of 2