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HomeMy WebLinkAboutOrdinance 15841V i:~~,?. { ~° _ ORDINANCE NO AN ORDINANCE DESIGNATING A CERTAIN AREA 1N THE CITY OF FORT WORTH AS `NEIGHBORHOOD EMPOWERMENT REINVESTMENT ZONE NO 15 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 April 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 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 m Chapter 312 of the Texas Tax Code (the `Code ') and WHEREAS the Crty Council desires to promote the development of the area m the City more specifically described m 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 and WHEREAS on January 13 2004 the Crty Council designated the Trimty Park Area as a Neighborhood Empowerment Zone by Resolution 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 the Neighborhood Empowerment Reinvestment Zone No 15 is located within the Tnmty Park Neighborhood Empowerment Zone and WHEREAS the Neighborhood Empowerment Zone No 15 will promote the creation of affordable housing m the zone and an increase m economic development m the zone and WHEREAS on January 13 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 Hearing '), as required by Section 312.201(d) of the Code, and WHEREAS notice of the Public Hearing was published m a newspaper of general circulation m the Crty on December 29 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 m accordance with Sections 312.201(d)(2) and (e) 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 unit that includes m rts boundaries real property that is to be included m the proposed Zone; 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 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 Crty 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 cntena for the designation of a reinvestment zone as set forth m V T C.A., Tax Code, Section 312.202, 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 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 m the Zone as well as the City for a period m excess of ten (10) years, which is the statutory 3 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 15 City of Fort Worth, Texas" The area wrthm 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 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 invalid, inoperative or void for any reason by a court of competent jurisdiction, 4 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. Section 5 That this Ordinance shall take effect upon its adoption. AND IT IS SO ORDAINED ADOPTED AND EFFECTNE ~~~ ~~~© APPROVED S TO FO By. Cynthia rcia Assistant City Attorney AND LEGALITY Date MOlli ~.Ir ~ 1 5 0 -- Q _~_ ~ i U Q Q' J C Y _ - > U J (~ - r.~- ~_ --. ~ _ ;`, __ o v Q d~ _~ rn _.. c >. y Y _~. ° __ nm - I Z ___-, J ~" ~ - -J U -'r ~ -'=3 L ~, ~,. _ I/~ I?:- -L ~- s---- w ~. 2 ~H30~ ZI w~ W J --W -~ Z L ~ `~ w' ~-- ~L;, ~ _-__, ~ -~ ~' L _` ~~ I (; ~ L Q __ -~.. ifi ~ ~ ~_. ^ i ~C ~ k. - w _ ~; -~- ~_. ...- ~ -~~ - r --_ _ T- r- T- J _ ° l.. . 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below On the North Beginning at a point which is the intersection of North University Drive and Shotts Street, thence east along Shotts Street to the intersection of Shotts Street and North Wimberly Street, thence south along North Wimberly Street to the intersection of North Wimberly Street and T~llar Street, thence east along Tillar Street to the intersection of Tillar Street and North Foch Street, thence south along North Foch Street to the northwest corner of Lot lOR2A, Block 9 Baileys Industrial Addition as recorded m the Tarrant County Plat Records m Volume 8717 Page 601 thence east along the northern property fines of Lots l OR2A, 9B 8 7 and A, Block 9 Baileys Industrial Addition as recorded m the Tarrant County Plat Records m Volume 388-1 Page 78 and Lots 11R, 9B 8A, 8R, and 7 Block 16 Baileys Industrial Addition as recorded m the Tarrant County Plat Records m Volume 38$-1 Page 78 to North Vacek Street, thence north along North Vacek Street to the intersection of North Vacek Street and Tillar Street, thence east along Tillar Street to the northwest corner of Lot BR, Block 21 Baileys Industrial Addition as recorded in the Tarrant County Plat Records in Volume B Page 2040 thence east along the northern property line of Lot BR, Block 21 Baileys Industrial Addition to the intersection of the northeast corner of Lot BR, Block 21 Baileys Industrial Addition and thence south along the eastern property fine of Lot BR, Block 21 Baileys Industrial Addition to the center fine of White Settlement Road and thence east along White Settlement Road to the southwest corner of Lot 1 Block 1 Rebecca Levitan Addition and thence north along the western property line of Lot 1 Block 1 Rebecca Levrtan Addition to the center fine of Jacksboro Highway and thence south along the center fine of Jacksboro Highway to the southeast corner of Lot 1R, Block 23 Evans-Pearson-Westwood Addition as recorded m the Tarrant County Plat Records m Volume 388-1 Page 5 1 of 3 On the East: Beginning at the southeast corner of Lot 1R, Block 23 Evans-Pearson-Westwood Addition as recorded m the Tarrant County Plat Records m Volume 388-1 Page 5 thence southwest along the southern property line of Lot 1R, Block 23 Evans-Pearson-Westwood Addition, across Austin Street, continuing along the southern property fines of Lot l OR Block 22, Evans-Pearson-Westwood Addition as recorded in the Tarrant County Plat Records in Volume 310 Page 18 thence continuing along the the eastern property fines of Lots 19A and B, Block 22, Evans-Pearson Westwood Addition as recorded in the Tarrant County Plat Records in Volume 310 Page 1$ to Kansas Street, thence west along Kansas Street to the northeast corner of Lot 1 Block 17R, Evans-Pearson-Westwood Addition as recorded m the Tarrant County Plat Records in Volume 388-1 Page 80 thence southwest along the southern property fine of Lot 1 Block 17R, Evans- Pearson-Westwood Addition to Arthur Street, thence south along Arthur Street to the intersection of Arthur Street and Dakota Street, thence west along Dakota Street to the northeast corner of Lot 1 Block 16, Evans-Pearson-Westwood Addition as recorded m the Tarrant County Plat Records m Volume 310 Page 10 thence south along the eastern property lines of Lots 1 through 5 Block lb Evans-Pearson Westwood Addition, and Lots A2A, A2, A3 A1R, Block 16 Evans-Pearson Westwood Addition as recorded m the Tarrant County Plat Records in Volume 388-1 Page Sb thence continuing south along the eastern property fines of Lot 7R, Block 4 Van Zandt #1 Addition as recorded in the Tarrant County Plat Records in Volume B Page 701 and Lots A3 Block 1 Van Zandt #1 Addition as recorded in the Tarrant County Plat Records m Volume 106 Page 103 thence continuing south along the eastern property lines of Lot A4 Block 1 Van Zandt #1 as recorded m the Tarrant County Plat Records in Volume 388-6, Page 124 to West 7th Street, thence west along West 7th Street to the intersection of West 7th Street and Trinity Park Dnve, thence south along Trinity Park Drive to the intersection of Tnmty Park Drive and Stayton Street, thence south along Stayton Street to the intersection of Stayton Street and West Lancaster Avenue, thence west along West Lancaster Avenue to the northeast corner of Tract 1B1 Abstract 955 Josiah Lynch Survey as recorded in the Tarrant County Deed Records in Volume 8622, Page 1055 thence south along the eastern property lines Tracts 1B1 and 1J Abstract 955 as recorded in the Tarrant County Deed Records m Volume Josiah Lynch Survey to Trinity Park Drive 2 of 3 On the South Beginning at the intersection of the southeast corner of Tract 1J Josiah Lynch Survey and Trinity Park Dnve, thence southwest along Tnmty Park Dnve to the intersection of Tnmty Park Dnve and Foch Street. On the West: Beginning at the intersection of Tnmty Park Drive and Foch Street, thence north along Foch Street to the intersection of Foch Street and West Lancaster Avenue, thence east along West Lancaster Avenue to the southwest corner of Tract lAlAl Abstract 955 Josiah Lynch Survey as recorded in the Tarrant County Deed Records in Volume 8622, Page 1055 thence north along the western property lines of Tract lAlAl Abstract 955 Josiah Lynch Survey to the southwest corner of Lot 2, Block 1 Justin Addition as recorded m the Tarrant County Plat Records in Volume 388-1 Page 92, thence north along the western property line of Lot 2, Block 1 Justin Addition to the northwest corner of Lot 2, Block 1 Justin Addition, thence east along the northern property tine of Lot 2, Block 1 Justin Addition to the intersection of the southeast corner of Lot 4 Block 1 Justin Addition and thence north along the eastern property line of Lot 4 Block 1 Justin Addition to the northeast corner of Lot 4 Block 1 Justin Addition, thence west along the northern property line of Lot 4 Block 1 Justin Addition to center line of Foch Street, thence north along Foch Street, across West 7th Street, to the center line of West 6th Street, thence west along West 6th Street to the center line of Currie Street, thence north along Cume Street to the intersection of Curne Street and West 5th Street, thence west along West 5th Street to the intersection of West 5th Street and University Dnve, thence north along University Dnve, continuing on North University Dnve, to the intersection of North University Dnve and Shotts Street, also being the point of beginning. 3 of 3 ti- ry ~ v '~~~ _ ~ Proposed Trinity Park NEZ Consistent and Inconsistent Zoning With Respect to the 2003 Comprehensive Plan 00~~ _~~ D ~e. ~~ 7TH ~ 7Thl m 1J 0 c z m TEXASI Sf3 Legend Proposed NEZ (395 gross acres; 304 net acres, excluding ROW) Zoning O Consistent (102 net acres) O Consistent pending approval of ZC-03-320 (90 acres) O Inconsistent (112 acres) m ~ ORT WORTH ~ ~ 12/19/03 RIVER ~, Planning Department 0 0.125 0.2Miles ~~ q a ~~ 4 , v ~ ~ - Proposed Trinity Park NEZ Future Land Use for Inconsistent Zoning Districts ,, ,, .~ L.. - ~1 C :~~r ~t "~ ~~ 000 0~~ 00 m E 8 J E ' C ~CF' C K 1 J °o ~ ~ ~ ~ r, J D MU-2 J Legend O Proposed NEZ O Zoning Light Industrial Q Mixed-Use Growth Center `~' ~ FORT WORTH ~ ~ 12/19/03 Planning Department 0 0.2 0.~ files City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 1/27/2004 Resolution No. 3039 Ordinance No 15841 CONTINUED FROM A PREVIOUS WEEK DATE Tuesday January 13 2004 LOG NAME 05TRINIPARKNEZ REFERENCE NO G-14222 SUBJECT Designation of the Trinity Park Area as a Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone RECOMMENDATION 1 Adopt a resolution to designate the Trinity Park area as a Neighborhood Empowerment Zone (NEZ) and 2. Hold a public hearing concerning the designation of the Trinity Park area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No 15 and 3 Adopt an ordinance to designate the Trinity Park area as FWNERZ No 15 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 Trinity Park 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 the Exhibit A map The boundaries of the proposed NEZ are Shots Street, Tillar Street and Jacksboro Highway on the north University Drive and Foch Street on the west, Arthur Street .and Stayton Street on the east, and West 7th Street, West Lancaster Avenue and Trinity Park Drive on the south (Exhibit A map) The Trinity Park NEZ has a population of 1 877 persons and an area of 0 61 square miles. The Trinity Park NEZ meets the following designation requirements under the City's NEZ policy 1) 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 (0 61) and 3) Is at least 50% within the Central City and Community Development Block Grant (CDBG) eligible areas (the proposed Trinity Park NEZ area is 100% within the Central City and 100% within the CDBG eligible area) and 4) Is considered distressed based on census data on population socio-demographic and other factors (according to the 2000 Census the Trinity Park area belongs to a census tract with a median house- hold income of $25 714 and a poverty rate of 28.2% for persons 18 years old and over compared Lo~name OSTRINIPARKNEZ Page 1 of 2 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 Trinity Park 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 Trinity Park 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 a newspaper of general circulation 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. Maps of zoning consistency with the Comprehensive Plan for the proposed Trinity Park NEZ are attached to this Mayor and Council Communication 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 FundJAccount/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Reid Rector (6140) Originating Department Head. Jerome Walker (7537) Additional Information Contact: Jerome Walker (7537) Lo~name OSTRINIPARKNEZ Page 2 of 2