HomeMy WebLinkAboutOrdinance 16013.~-
ORDINANCE NO. ~ ~~
AN ORDINANCE AMENDING ORDINANCE NO 15841 SY
REDUCING THE BOUNDARIES OF NEIGHBORHOOD
EMPOWERMENT REINVESTMENT ZONE NUMBER FIFTEEN
CITY OF FORT WORTH, TEXAS (TRINITY PARK NEZ) AND
CONTAINING OTHER MATTERS RELATED TO THE ZONE.
WHEREAS, pursuant to Resolution No 2938 adopted by the City Council of the
City of Fort Worth, Texas (the `City Council") on Apri122, 2003 as amended by M&C
G-13984 approved by the City Council on May 27 2003 the City has elected to be
eligible to participate in tax abatement for property located m Neighborhood
Empowerment Zones, as authorized by Chapter 378 of the Texas Local Government
Code and in accordance with Chapter 312 of the Texas Tax Code (the `Code"), and has
established guidelines and criteria governing tax abatement agreements covering property
located in Neighborhood Empowerment Zones (the `NEZ Policy") and
WHEREAS, pursuant to Ordinance No 15841 adopted by the City Council on
January 27 2004 the Crty Council designated Neighborhood Empowerment
Reinvestment Zone Number Fifteen, City of Fort Worth, Texas (the `Zone") and
WHEREAS, the Crty wishes to reduce the Zone by removing all property m the
Zone that is located within the property boundaries set forth m Exhibit A of this
Ordinance (the `Property"), which is attached hereto and hereby made a part of this
Ordinance for all purposes, and
WHEREAS as of June 29 2004 the City has not entered into any tax abatement
agreements relating to the Property and covered by the NEZ Policy and
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Ordinance Reducing Boundaries of T ity Park NEZ
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WHEREAS, on June 29 2004 the City Council held a public heanng regarding
the reduction of the Zone and its benefits to the City and to property in the Zone and
afforded a reasonable opportumty for all interested persons to speak for or against the
removal of the Property from the Zone (the `Public Hearing")• and
WHEREAS, notice of the Public Heanng was published m a newspaper of
general circulation m the City on June 21 2004 which satisfies the requirement of
Section 312.201(d)(1) of the Code that publication of the notice occur no later than the
seventh day before the date of the Public Heanng; and
WHEREAS, m accordance with Sections 312.201(d)(2) and (e), notice of the
Public Heanng was delivered m wasting not later than the seventh day before the date of
the public heanng to the presiding officer of the governing body of each taxing unit that
includes in its boundaries real property located 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 removal of the
Property from the Zone and after conducting the Public Heanng regarding the reduction
of the Zone and its benefits to the City and to property in the Zone and affording a
reasonable opportunity for all interested persons to speak for or against the removal of the
Property from the Zone, the City Council hereby makes the following findings of fact:
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Ordinance Reducing Boundaries of Trinity Park NEZ
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1.1 The statements, facts, terms and conditions set forth in the recitals of this
Ordinance are true and correct.
1.2. Removal of the Property from the Zone will benefit the City by allowing the City
to foster development initiatives on and m the vicinity of the Property as outlined
m numerous public meetings, including the City Council sere-Council Meeting
on June 15 2004 and the regular City Council meetings of June 29 2004 and July
6, 2004 by means that would not be available if the Property remained m the
Zone, including, but not limited to, economic development grants authorized by
Chapter 380 of the Texas Local Government Code and designation of some or all
of the Property as one or more tax abatement reinvestment zones separate from
the Zone for the purpose of entering into limited tax abatement agreements
(collectively `Other Economic Development Initiatives")
1.3. Beneficial development of the Property is likely to occur more quickly through
the implementation of Other Economic Development Initiatives.
1.4. Once the Property is removed from the Zone and developed by means of Other
Economic Development Initiatives, the value of property remaining in the Zone is
likely to increase, which will benefit both the Zone and the City m general.
1.5. The Zone, as reduced, will continue to be reasonably likely as a result of
designation as a reinvestment zone 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 Crty
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Ordinance Reducing Boundaries of Trinity Park NEZ
1.6. Future improvements m the Zone, as reduced, will benefit the land remammg m
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 Texas Tax Code and pursuant to the NEZ Policy
Section 2.
REMOVAL OF PROPERTY FROM ZONE.
That the Crty Council hereby reduces the boundaries of the Zone by removing the
Property from the Zone. The Zone, as reduced, shall continue to be known as
"Neighborhood Empowerment Reinvestment Zone Number Fifteen, Crty of Fort Worth,
Texas.
Section 3.
TERM OF ZONE.
That the removal of the Property from the Zone shall take effect upon the
adoption of this Ordinance. The Zone, as reduced, shall terminate in accordance with
Section 3 of Ordinance No. 15841
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 remammg portions, sections or parts of sections of this Ordinance shall be and remain
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Ordinance Reducing Boundaries of Trinity Park NEZ
m full force and effect and shall not in any way be impaired or affected by such decision,
opinion or~udgment.
Section 5.
IMMEDIATE EFFECT
That this Ordinance shall take effect and be m full force and effect from and after
rts adoption.
AND IT IS SO ORDAINED
ADOPTED AND EFFECTIVE. _ 6 Z y D ~f
APPROVED AS TO FORM AND LEGALITY
By.
Peter Vaky
Assistant City Attorney
M&C ~'r''l~~D~
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Ordinance Reducing Boundaries of Trinity Park NEZ
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
BEING REMOVED FROM THE ZONE
Composite -Lot 1
BEING all that certain lot, tract or parcel of land situated m the City of fort Worth,
Tarrant County Texas, and being all of Lot 1 in Block 1 of Montgomery Ward &
Company Addition, an addition to the City of fort Worth, Texas, according to the plat
thereof recorded in Volume 388-138 at Page 5 of the Plat Records of Tarrant County
Texas, and being more particularly described by metes and bounds as follows;
BEGINNING at an `x" found m concrete m the East nght of way line of Carroll Street
(64 foot nght of way) for the Northwest corner of said Lot 1 in Block 1 of Montgomery
Ward & Company Addition,
THENCE South 89° 55 00" East (Beanng Basis is the plat of Montgomery Ward &
Company Addition recorded m Volume 388-138 at Page 5 of the Plat Records of Tarrant
County Texas) along the North line of said Lot 1 m Block 1 of Montgomery Ward &
Company Addition, and being common to South hne of the Weisenberger Addition, an
addition to the City of Fort Worth, Texas, according to the plat thereof recorded in
Volume 388-A at Page 120 of the plat Records of Tarrant County Texas, for a distance
of 1419 00 feet to a 1/2" iron rod found for the Northeast corner of said Lot 1 m Block 1
of the Montgomery Ward & Company Addition, said point also being m the West nght of
way line of the St. Louis -San Francisco -Texas Railroad (125 foot nght of way),
THENCE South 22° 07' 45" West along the common line of said Lot 1 in Block 1 of the
Montgomery Ward & Company Addition and the St. Louis -San Francisco -Texas
Railroad for a distance of 2134 15 feet to a p.k. nail found for the Southeast corner of said
Lot 1 m Block 1 of the Montgomery Ward & Company Addition, said point also being m
the North nght of way hne of West Seventh Street (100 foot nght of way)•
THENCE North 89° 59' S8" West along the common hne of Lot 1 m Block 1 of the
Montgomery Ward & Company Addition and West Seventh Street for a distance of
615 07 feet to a 1/2" iron rod found for the Southwest corner of Lot 1 in Block 1 of the
Montgomery Ward & Company Addition, said point also being m the East nght of way
hne of Carroll Street (64 foot nght of way),
THENCE North along the common line of said Lot 1 in Block 1 of the Montgomery
Ward & Company Addition and the East nght of way line of Carroll Street for a distance
of 1979 00 feet to the POINT OF BEGINNING and CONTAINING 46 1911 ACRES OF
LAND more or less.
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Ordinance Reducing Boundaries of Trinity Park NEZ
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 6/29/2004 Resolution No 3100 8~ Ordinance No 16013
DATE Tuesday June 29 2004
LOG NAME 17NEZ REFERENCE NO G-14409
SUBJECT
Adoption of Resolution and Ordinance Reducing Size of Trinity Park Neighborhood Empowerment
Zone and Neighborhood Empowerment Reinvestment Zone Number Fifteen City of Fort Worth
Texas
RECOMMENDATION..
It is recommended .that the City Council
1 Hold a public hearing concerning the reduction of the Trinity Park Neighborhood Empowerment Zone
and Neighborhood Empowerment Reinvestment Zone Number Fifteen City of Fort Worth Texas and
2. Adopt the attached Resolution reducing the size of the Trinity Park Neighborhood Empowerment
Zone and
3 Adopt the attached Ordinance reducing the size of the Trinity Park Neighborhood Empowerment
Reinvestment Zone Number Fifteen City of Fort Worth, Texas.
DISCUSSION
On January 27 2004 City Council adopted resolution No 3039 (M&C G-14222) designating the the Trinity
Park Neighborhood Empowerment Zone Additionally the City Council conducted a public hearing and
adopted Ordinance No 15841 designating the same area as Fort Worth Neighborhood Empowerment
Reinvestment Zone No 15 City of Fort Worth Texas (the Trinity Park NEZ) The 45-acre site formerly
owned by Montgomery Ward is currently located within the Trinity Park NEZ.
One of the incentives a municipality can provide in a Neighborhood Empowerment Zone according to
Chapter 378 of the Texas Local Government Code is an abatement of municipal property taxes for
properties in the NEZ. The City's NEZ program provides for the abatement of municipal property taxes for a
minimum of five (5) years for projects that meet certain qualifications. The redevelopment of the former
Montgomery Ward site a project known as Montgomery Plaza, and the development of a SuperTarget on
the .site would both qualify for the five-year tax abatement NEZ incentive
The City Council will be considering a staff recommendation authorizing the City Manager to enter into a 21
year Economic Development Program Agreement with the developer of the Montgomery Plaza Project
(Kimco Montgomery Plaza L.P) and SuperTarget project (Target Corporation) respectively Under the
respective Program Agreements the City will make economic development grants authorized by Chapter
380 of the Texas Local Government Code to Kimco Montgomery Plaza L.P and Target Corporation in .the
amounts equal to real and personal property tax revenue received by the City from the properties on
account of its redevelopment, subject to an annual cap In addition the City will abate real and personal
property taxes for both parties for one (1) year only the 2005 tax year which will compliment the Program
Agreements. To prevent the City tax abatement for the Kimco Montgomery Plaza L.P and Target
Corporation properties from extending beyond the first year it is recommended that the City Council
Lo~name. 17NEZ PauP 1 of ~
remove the Montgomery Pfaza property and the SuperTarget property from the Trinity Park NEZ.
Upon adoption of the attached ordinance and resolution property owners and lessees within the former
Montgomery Ward Site would not be eligible for any incentives allowable under the Neighborhood
Empowerment Zone program However removal of the 45-acre site would not adversely impact designation
status of the remainder of the Trinity Park NEZ and Trinity Park NEZ Reinvestment Zone.
The proposed Trinity Park NEZ is located in COUNCIL DISTRICT 9
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/AccountlCenters
Submitted for City Manager's Office bv• Reid Rector (6140)
Originating Department Head. Tom Higgins (6192)
Additional Information Contact: Christine Maguire (8187)
Peter Vaky (7601)
Logname 17NEZ Page 2 c-f 2