HomeMy WebLinkAboutOrdinance 15815~~
ORDINANCE NO ~~-~ U ~~
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY
OF FORT WORTH AS `NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO 13 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 Apnl 22, 2003 of
Resolution No 2938 (M&C C 19551) and amended on May 27 2003 by M&C G-
13984 the City of Fort Worth, Texas (the `City") has elected to be eligible to
participate in tax abatement and has established guidelines and cntena governing tax
abatement agreements entered into between the City and vanous 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 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-industnal tax abatement, as authorized by and in accordance with Chapter
312 of the Code; and
WHEREAS, on January 6, 2004 the City Council designated the
Benry/LJniversity Area as a Neighborhood Empowerment Zone by Resolution to
promote (1) the creation or rehabilitation of affordable housing m the zone, or (2) an
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increase in economic development in 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, the Neighborhood Empowerment Reinvestment Zone No 13 is
located within the Berry/LTniversity Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No i 3 will promote the
creation of affordable housing in the zone and an increase in economic development in
the zone; and
WHEREAS, on January 6, 2004 the City Council held a public heanng
regarding the creation of the Zone afforded a reasonable opportunity for all interested
persons to speak and present evidence for or against the creation of the Zone ("Public
Heanng"), as required by Section 312.201(d) of the Code; and
WHEREAS, notice of the Public Heanng was published in a newspaper of
general circulation m the City on December 17 2003 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 heanng; and
WHEREAS, in 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 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
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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 opportumty
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
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 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 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 m the Zone as
well as the City for a period in excess of ten (10) years, which is the statutory
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maximum term of any tax abatement agreement entered into under the Chapter
312 of the Code.
Section 2.
DESIGNATION OF ZONE.
That the City Council hereby 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 m accordance with Chapter 312 of the
Code. The Zone shall be known as `Neighborhood Empowerment Reinvestment Zone
No. 13 City of Fort Worth, Texas" The area within the Zone is eligible for residential
and commercial-industrial tax abatement pursuant to Resolution No 2938 and M&C G-
13984 as amended.
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 mvahd, inoperative or void for any reason by a court of competent jurisdiction,
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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~udgment.
Section 5
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED
ADOPTED AND EFFECTIVE ~ ^' ~¢ " ~
APPROVED AS TO FORM AND LEGALITY
By _
Cynthia arcia
Assistant Crty Attorney
Date: ~'~ ~'~-~-
M&C _
EXHIBIT A
Fort Worth Neighborhood Empowerment
Reinvestment Zone No 13
General Descnphon
The azea to be designated as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 13
for tax abatement purposes contains 1.24 squaze miles of land and is described below
On the North. Beginning at the intersection of McPheazson Avenue and University Dnve, thence
east on McPhearson Avenue to the southwest corner of Lot 12, Block 38, University Place
Addition, thence north along the west property lines of Lot 12, Block 38, University Place Addition,
as recorded in the Tarrant Plat Records in Volume 204-A, Page 172 to the northwest corner of Lot
12, Block 38, University Place Addition, thence east along the northern property line of Lot 12,
Block 38, University Place Addition to its northeast corner thence north along the east property
Imes of Lots 11 10 9 8, 7 6, 5 4 3 2, Block 38, University Place Addition, as recorded in the
Tarrant Plat Records m Volume 204-A, Page 172, to the centerline of Pazk Hill Dnve. Thence east
on Pazk Hill Dnve to the centerline of Lubbock Avenue, thence south on Lubbock Avenue to the
northwest corner of Lot 19 Block 14 of the Fresco Railroad subdivision, as recorded m the Tarrant
Plat Records in Volume 309 Page 2, thence eastwazd along the northern property line of Lot 19
Block 14 of the Frisco Railroad subdivision to its northeast corner thence south along the eastern
property lines of Lots 19 18, 17 16, 15 14 13 12, Block 14 of the Fresco Railroad subdivision, as
recorded in the Tarrant Plat Records in Volume 309 Page 2 to the centerline of McPhearson
Avenue, thence east along McPheazson Avenue to the centerline of McCazt Avenue, thence north
along McCart Avenue to the centerline of Pazk Hill Dnve, thence eastwazd along Pazk Hill Drive to
the centerline of Frazier Avenue, thence northwesterly across the street nght-of way to the
northwest property line of Lot 1 Block 1R of the Pazk Ridge Addition, as recorded in the Tarrant
County Plat Records m Volume 388-10 page 10, thence eastwazd along the northern property line
of Lot 1 Block 1R of the Pazk Ridge Addition to the northwest corner of Abstract 2, Tract 1C of the
Arocha, M J Survey as recorded m the Tarrant County Plat Records in Volume 9570, Page 1251
thence eastwazd along the northern property line of Abstract 2, Tract 1 C of the Arocha, M J Survey
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to its northeast corner thence eastward across the street nght-of way to the centerline of Eighth
Avenue, thence north on Eighth Avenue to the northwest corner of Lot 28, Block 14 of the Ryan
Place Addition, as recorded in the Tarrant County Plat Records m Volume 310, Page 83 thence
eastward along the north property line of Lot 28, Block 14 of the Ryan Place Addition to its
northeast corner
On the East: Beginning at the northeast corner of Lot 28, Block 14 Ryan Place Addition, thence
south along the east property tine of Lot 28, Block, Ryan Place Addition, as recorded in the Tarrant
County Plat Records in Volume 310, Page 83 thence continuing south along the east property lines
of Lots 27 26, 25 24, 23 22, 21 20, 19 18, 17 Block 14 Ryan Place Addition, as recorded m the
Tarrant County Plat Records in Volume 310, Page 80, thence crossing Roberts Street, thence south
along the east property lines of Lots 14 13 12, 11 10, 9 8, Block 15 Ryan Place Addition, as
recorded in the Tarrant County Plat Records in Volume 310 Page 80 then continuing south along
the east property lines of Lots 26, 25 24 23 22, 21 Block 27 Ryan Place Addition, as recorded in
the Tarrant County Plat Records m Volume 204-A, Page 170, thence continuing south along the
eastern property line of Lot 14R, Block 27 Ryan Place Addition, as recorded in the Tarrant County
Plat Records in Volume A, Page 4416, crossing Cantey Street continuing south along the east
property lines of Lots 24 23 22, 21 20, 19 18, 17 16, 15 14 13 Block 22, Ryan South
subdivision, as recorded in the Tarrant County Plat Records in Volume 204 Page 52, to the
centerline of Lowden Street, thence east on Lowden Street to the northeast corner of Lot 24 Block
16, Ryan South subdivision, as recorded in the Tarrant County Plat Records m Volume 204 Page
52, thence south along the eastern property lines of Lots 24 23 22, 21 20, 19 18, 17 16, 15 14
13 Block 16, Ryan South subdivision, as recorded in the Tarrant County Plat Records m Volume
204 Page 52, crossing Bowie Street continuing south along the east property lines of Lots 24 23
22, 21 20, 19 18, 17 16, 15 14 13 Block 15 Ryan South subdivision, as recorded in the Tarrant
County Plat Records in Volume 204 Page 52, to the centerline of Beny Street. Thence east along
Berry Street to the right-of way of the BNSF railroad rail lines, thence southwesterly along the
BNSF railroad rail lines to the centerline of Devitt Street, thence west along Devitt Street to the
centerline of Townsend Dnve, thence south on Townsend Drive to the centerline of Shaw Street,
thence west on Shaw Street to the centerline of Frazier Avenue, thence south on Frazier Avenue to
the centerline of Orange Street, thence west on Orange Street to the centerline of Wayside Avenue,
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thence south on Wayside Avenue to the centerline of Biddison Street, thence west on Biddison
Street to the centerline of McCart Avenue, thence south on McCart Avenue to the centerline of
Dickson Street.
On the South. Begmmng at Dickson Street and McCart Avenue, thence west on Dickson Street to
the centerline of Menda Avenue thence north on Menda Avenue to the southern property line of
Lot 1 Block 1 Fort Worth Steel & Machinery Company Plant Srte subdivision, as recorded m the
Tarrant County Plat Records in Volume 388-117 Page 54 thence west along the southern property
line of Lot 1 Block 1 Fort Worth Steel & Machinery Company Plant Site subdivision to its
southwest corner thence north along the western property line of Lot 1 Block 1 Fort Worth Steel
& Machinery Company Plant Srte subdivision to the northeast corner of Lot 2R, Gunn E
subdivision, as recorded in the Tarrant County Plat Records in Volume 388-117 Page 54 thence
west along the southern property line of Lot 1 Block 1 Fort Worth Steel & Machinery Company
Plant Site subdivision to the centerline of Cockrell Avenue, thence northwesterly along Cockrell
Avenue to the centerline of Granbury Road, thence southwesterly along Granbury Road to the
centerline of Dryden Road, thence northwesterly along Dryden Road to the southwest corner of Lot
10, Block 3 Windsor Place Addition, as recorded in the Tarrant County Plat Records in Volume
388-C, Page 53
On the West: Begmmng at the southwest corner of Lot 10 Block 3 Windsor Place Addition,
thence northeasterly along the west property lines of Lots, 10, 9 8, 7 6, 5 4 3 2, 1 Block 3
Windsor Place Addition, as recorded in the Tarrant County Plat Records in Volume 388-C, Page 53
crossing Butler Street, thence north along the western property line of Lots 10, 9 8, 7 6, Block 38,
Bluebonnet Hills subdivision, as recorded m the Tarrant County Plat Records m Volume 388-1
Page 355 thence crossing South Hills Avenue, thence continuing north along the west property
lines of Lots 23 22, 21 20, 19 18, 17 16, 15 Block 28, Bluebonnet Hills subdivision, as recorded
in the Tarrant County Plat Records m Volume 388, Page 74 to the southwest corner of Lot 14R,
Block 28, Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat Records in Volume
388-Q, Page 493 thence north along the western property tine of Lot 14R, Block 28, Bluebonnet
Hills subdivision to the northeast corner of Lot IOR, Block 28, Bluebonnet Hills subdivision, as
recorded in the Tarrant County Plat Records in Volume 388, Page 74 thence westward along the
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northeast property line of Lot l OR, Block 28, Bluebonnet Hills subdivision, thence westward
crossing Park Ridge Boulevard to the southeast corner of Lot 17R, Block 30, Bluebonnet Hills
subdivision, as recorded in the Tarrant County Plat Records m Volume 388-0 Page 233 thence
northwest along the southwest property hne of Lot 17R, Block 30, Bluebonnet Hills subdivision,
continuing westward along the southwest property line of Lot 14A, Block 30, Bluebonnet Hills
subdivision, as recorded in the Tarrant County Plat Records m Volume 388-Q, Page 243 to the
centerline of Rogers Avenue, thence north on Rogers Avenue crossing Biddison Street to the
southwest property line of Lot 25 Block 19 Bluebonnet Hills subdivision, as recorded in the
Tarrant County Plat Records m Volume 388, Page 74 thence northeasterly along the southeast
property hne of Lot 25 Block 19 to the southwest corner of Lot 12, Block 19 Bluebonnet Hills
subdivision, as recorded in the Tarrant County Plat Records m Volume 388, Page 74 thence north
along the western property fines of Lots 12, 11 10 9 8, 7 6, 5 4 3 2, 1 Block l9 Bluebonnet
Hills subdivision, as recorded in the Tarrant County Plat Records in Volume 388, Page 74 to the
centerline of Benbrook Boulevard, thence west on Benbrook Boulevard to the southwest corner of
Worth Hills park, thence north along the west property line of Worth Hills park to Lot 4 Block 1
Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat Records m Volume 388, Page
74 thence north along the western property lines of Lots 4 3 2, 1 Block 1 Bluebonnet Hills, as
recorded in the Tarrant County Plat Records in Volume 388, Page 74 thence north along the
western property line of Lot 9 Block 3 Kensington Addition, as recorded in the Tarrant County
Plat Records in Volume 992, Page 247 continuing north along the western property lines of Lots
10, 11 12, 13 14 l5 16, 17 Block 3 Kensington Addition, as recorded m the Tarrant County Plat
Records m Volume 822, Page 247 crossing Devitt Street, thence north along the western property
lines of Lots 10, 11 12, 13 14 15 16, 17 18, 19 Block 2, Kensington Addition, as recorded m the
Tarrant County Plat Records in Volume 822, Page 247 to the centerline of Berry Street, thence
west on Berry Street to the centerline of Stadium Dnve, thence north on Stadium Drive to the
centerline of Bellaire Drive North, thence west on Bellaire Dnve North to the centerline of
University Dnve, thence north on University Dnve to the centerline of McPherson Avenue, the
point of beginning.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 1/6/2004 Resolution No 3030 8< Ordinance No. 15815
DATE Tuesday January 06 2004
LOG NAME. 05BERRY/UNINEZ REFERENCE NO G-14214
SUBJECT
Designation of the Berry/University Area as a Neighborhood Empowerment Zone and Fort Worth
Neighborhood Empowerment Reinvestment Zone
RECOMMENDATION
It is recommended that the City Council
1 Adopt a resolution to designate the Berry/University area as a Neighborhood Empowerment Zone
(NEZ) and
2. Hold a public hearing concerning the designation of the Berry/University area as Fort Worth
Neighborhood Empowerment Reinvestment Zone (FWNERZ) No 13 and
3 Adopt an ordinance to designate the Berry/University area as FWNERZ No 13 pursuant to the Texas
Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312.
DISCUSSION
I. Resolution on NEZ Designation
In March 2002 the City Council approved preliminary boundaries for twelve urban villages and a
recommendation to make mixed-use zoning a prerequisite for NEZ designation The Berry/University urban
village has completed the mixed-use rezoning process as approved by the City Council on January 6 2004
The NEZ boundaries are shown on Exhibit ~A map of the attached resolution The Berry/University area
meets the criteria for NEZ designation as follows.
The boundaries of the proposed NEZ are Park Hill Drive and McPherson Avenue on the north University
Drive and Stadium Drive on the west, 8th Avenue and Willing Avenue on the east, and Devitt Street and
Dickson Street on the south (Exhibit A map) The Berry/University NEZ has a population of 6 486 persons
and an area of 1.2 square miles. The Berry/University NEZ meets- the following designation requirements
under the City's NEZ policy
Promotes economic development and increases in the quality of services as stated in the Central
City Commercial Corridor Revitalization Strategy and
2. Has an area of less than 1 5 square miles (1.2} and
3 Is at least 50% within the Central City and Community Development Block Grant (CDBG) eligible
areas (the proposed Berry/University NEZ area is 73% within the Central City and 71 % within the
CDBG eligible area) and
4 Is considered distressed based on census data on population socio-demographic and other factors
Lo~name OSBERRY/iJNINE7 Pa 1 of ~
~-:,.
(according to the 2000 Census the Berry/University area has a median household income of
$35 144 and a poverty rate of 15 8% for 18 years old and over compared to the citywide median
household income of $37 074 and a poverty rate of 13 6%) and
5 Meets criteria for Reinvestment Zone designation (see Reinvestment Zone section below)
The Berry/University area therefore meets all the requirements for NEZ designation The resolution to
designate the area as a NEZ is hereby attached to this Mayor and Council Communication
II. Public Hearing and Ordinance on FWNERZ Designation
One of the incentives a municipality can provide in a NEZ according to Chapter 378 of the Texas -Local
Government Code is an abatement of municipal property taxes for properties in the NEZ. In order to
accomplish this the Berry/University area would need to be designated as a reinvestment zone
The Texas Property Redevelopment and Tax Abatement Act (the Act) requires a public hearing Notice of
the public hearing was (1) delivered to the governing body of each affected taxing unit and (2) published in
the newspaper at least seven days prior to the public meeting The Act requires the property receiving an
abatement to be located in a reinvestment or enterprise zone
The proposed area meets the criteria for the designation of a reinvestment zone because 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
contribute to the economic development of the municipality Further future improvements in the zone will
be a benefit to the City after any tax abatement agreements have. expired The designation of a
reinvestment zone expires after five years and may be renewed for periods not to exceed five years.
The proposed Berry/University NEZ is located in COUNCIL DISTRICTS 3 and 9
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO FundlAccount/Centers FROM Fund/Account/Centers
Submitted for City Manag_er's Office b~ Reid Rector (6140)
Originating Department Head. Jerome C Walker (7537)
Additional Information Contact: Jerome C Walker (7537)
Elizee Michel (7336)
Lo~name OSBERRY/UNINEZ Page 2 of 2