HomeMy WebLinkAboutOrdinance 15854yin
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ORDINANCE NO
AN ORDINANCE 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, pursuant to the Crty 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 m accordance with the Property Redevelopment and Tax Abatement
Act, codified m 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 industrial tax abatement, as authorized by and in accordance with Chapter
312 of the Code; and
WHEREAS, on January 13 2004 the City Council designated the Lake
Arlington Area as a Neighborhood Empowerment Zone by Resolution to promote (1)
the creation or rehabilitation of affordable housing in the zone, or (2) an increase in
economic development in the zone, or (3) an increase in the quality of social services,
education or public safety provided to the residents of the zone; and
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WHEREAS the Neighborhood Empowerment Reinvestment Zone No 16 is
located within the Lake Arlington Neighborhood Empowerment Zone; and
WHEREAS the Neighborhood Empowerment Zone No 16 will promote the
creation of affordable housing m the zone and an increase m economic development m
the zone; and
WHEREAS, on February 3 2004 the City Council held a public hearing
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 in a newspaper of
general circulation in the City on January 26, 2004 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 hearing; and
WHEREAS in 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 heanng 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 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 agasnst 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 boundanes 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 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 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 City for a period m 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 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 be known as `Neighborhood Empowerment Reinvestment Zone
No 14 City of Fort Worth, Texas" The area wrthm the Zone is eligible for residentral
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 Crty 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,
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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 rts adoption.
AND IT IS SO ORDAINED ~(
ADOPTED AND EFFECTIVE r 3,~-
APPROVED AS TO FORM AND LEGALITY
By
Assistant Cify Attorney
Date ~~ ~ ~ ~~~
M&C ~ (~~~~
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Exhibit A
Fort Worth 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 Begmmng 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 in 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 in the Tarrant Plat Records in Volume 388-6 Page 96, thence southeasterly
along the northeastern property lines of Lots 11 12, 13 Block 26, Carver Heights
subdivision, as recorded in 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 in 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 in Volume 388-6 Page 96, thence
southeasterly to Lot 41R1 Block 26 Carver Heights subdivision, as recorded m the
Tarrant Plat Records in Volume 388-15 Page 598 thence southeasterly to Tract B, Lot
26, as recorded in the Tarrant Plat Records in 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 1D J A Creary Survey as recorded in the Tarrant
Deed Records in Volume 15635 Page 383 thence continuing eastward crossing
Abstract 269 Tract 1D J A Creary Survey to the Fort Worth city limit.
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On the East: Beginning at the Fort Worth city limit, thence south along the Fort Worth
city limit line to the northern nght-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.
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Exhibit A Lake Arlington NEZ
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 2/3/2004 Ordinance No 15854 Resolution No 3041
DATE Tuesday February 03 2004
LOG NAME 05LAKEARLGTNNEZ REFERENCE NO G-14247
SUBJECT
Designation of the Lake Arlington 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 Lake Arlington area as a Neighborhood Empowerment Zone
(NEZ) and
2. Hold a public hearing concerning the designation of the Lake Arlington area as .Fort Worth
Neighborhood Empowerment Reinvestment Zone (FWNERZ) No 16 and
3 Adopt an ordinance to designate the Lake Arlington area as FWNERZ No 16 pursuant to the Texas
Property Redevelopment and Tax Abatement Act, Tax Code Chapter 312.
DISCUSSION
I. Resolution on NEZ Designation
On January 13 2004 the City Council approved Council Proposal (CP) No 236 (Attachment A) authorizing
the City Manager to prepare a Mayor and Council Communication with the appropriate resolution and
ordinance to designate the Lake Arlington area as a NEZ. The CP explains how the Lake Arlington area
meets the NEZ designation criteria and outlines development opportunities and strategies.
The boundaries of the proposed Lake Arlington NEZ are Truman Drive on the north Interstate Highway 20
on the south the Fort Worth City limits on the east, and East Loop 820 to the west (Attachment B) The
Lake Arlington NEZ has a population of 3 382 persons and an area of 1 98 square miles The Lake
Arlington NEZ meets the following designation requirements under the City's NEZ policy
Promotes economic development through the development of neighborhood retail and market rate
housing and
Promotes the rehabilitation of affordable housing and
Promotes quality public services by encouraging the development of a north/south arterial park and
open space areas and a public school and
Is located entirely within a U S Housing and Urban Development Community Development Block
Grant (CDBG) eligible area and
Logname OSLAKEARLGTNNEZ Page 1 of 3
Has a population less than 6 000• and
Includes in its boundaries amixed-use growth center (East Loop 820/Lake Arlington) and a City
designated Model Blocks (Carver Heights East) and
Is considered distressed based on the 2000 Census socio-demographic data For example
according to the 2000 Census 10 1 percent of households in the Lake Arlington area receive public
assistance compared to a citywide percentage of 3 1 Also the 2002 unemployment rate for the Lake
Arlington area was 13 5 percent compared to the citywide rate of 8 1 percent according to the Texas
Workforce Commission and
Meets the criteria for Reinvestment Zone designation including the following 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 that would
contribute to the economic development of the municipality
The Lake Arlington 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. Projects Eligible to Receive NEZ Incentives
In order to increase the market potential and attractiveness of the western portion of the Lake Arlington area
as a place for quality single-family development, the industrial uses should be restrained from expanding It
is recommended that projects eligible for NEZ incentives be located in the following zoning districts.
Residential districts. A-43 A-21 A 10 A-7 5 A-5 AR, B R1 R2 CR, C and MH
Commercial districts ER, E, MU-1 and FR.
III. 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 Lake Arlington 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 NEZ is located in COUNCIL DISTRICT 5
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
Logname OSLAKEARLGTNNEZ Page 2 of 3
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Reid Rector (6140)
Originating Department Head Jerome Walker (7537)
Additional Information Contact: Jerome Walker (7537)
Logname OSLAKEARLGTNNEZ
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