HomeMy WebLinkAboutOrdinance 15886ORDINANCE NO ~ ~J v
AN ORDINANCE 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, pursuant to the City Council s adoption on April 22, 2003 of
Resolution No 2938 (M&C C 19551), 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 in
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 in accordance with Chapter
312 of the Code; and
WHEREAS, on February 24 2004 the City Council designated and expanded
the Stop Six 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 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
WHEREAS, the Neighborhood Empowerment Reinvestment Zone No 17 is
located within the Stop Six Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No 17 will promote the
creation of affordable housing m the zone and an increase in economic development in
the zone; and
WHEREAS, on February 24 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 nonce of the Public Heanng was published in a newspaper of
general circulation m the City on February 17 2004 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), nonce of the
Public Heanng was delivered in venting 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 boundanes 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
Section 1
FINDINGS
That after reviewing all information before it regarding the establishment of the
Zone and after conducting the Public Heanng and affording a reasonable opportunity
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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 aze 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
in 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 Crty for a period m excess of ten (10) years, which is the statutory
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
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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 17 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-
13662R, 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,
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 Judgment.
Section 5
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED
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ADOPTED AND EFFECTNE. ~ ~ '-["
APPROVED AS TO FORM AND LEGALITY
By
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Assistant City Attorney
Date: ~~ cy.~`-I'
EXHIBIT A
Fort Worth Neighborhood Empowerment
Reinvestment Zone No 17
General Description
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 Umon 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 Industrial 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 Industrial 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 Addirion, as
recorded in Volume 388-2, Page 65 of the Tarrant County plat records,
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thence north along the eastern property lme of Lot 1 Block 4 of the
Edgewood Park Addition, as recorded m 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 Miller 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 the Murray Hill Addition, as recorded in Volume 63
Page 117 of the Tarrant County plat records, thence north along the
western property lme 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 m Volume 63 Page i 17 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 lme of Lots 9 8 7 6 5 4 3 2,
and 1 Block 2 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 2 of the Murray Hill Addition, as recorded m Volume 63 Page
117 of the Tarrant County plat records, thence north to the Union 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 in Fort Worth Neighborhood Empowerment Reinvestment Zone
No 17
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CFW Housing Department 1/27/03EXHIBIT
CIT FO WO
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COUNCIL PROPOSAL
Date: 2110104 File Number Subject: Consideration of Stop Six NEZ Expansion
Proposed By Frank Moss City Manager's Review Page:
City Attorney's Review ~
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PROPOSAL
It rs proposed that the City Council.
1 Drrect the City Staff to schedule an item for the City of Fort Worth City Council Agenda on February 24
2004 to consider expanding the Stop Six Neighborhood Empowerment Zone (NEZ).
2. Authorize the City Manager to amend resolution No. 2721 to include the expansion area and prepare an
ordinance to designate the expansion area as a Reinvestment Zone.
DISCUSSION.
On April 17 2001 City Council approved the creation of the Stop Six Neighborhood Empowerment Zone (NEZ).
On September 11 2001 City Council approved Fort Worth Neighborhood Empowerment Reinvestment Zone
(FWNERZ) No. 1 It is proposed that the Stop Srx NEZ be expanded to include the areas shown on Attachment
A. The boundaries of the proposed expanded Stop Six NEZ are Unron Pacific Railroad on the North, Oakland,
,.- Hughes, and Edgewood on the West, East Loop 820 on the East, and Eastland and Wilbarger on the South (see
Attachment A).
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The Stop Six NEZ currently has a population of 3 615 and an azea of 2.2 square miles. The proposed expansion
azea has a population of 2,308 persons and an area of 1.9 squaze miles. The total proposed Stop Six NEZ
population is 5,923 and total proposed Stop Six NEZ area is 41 square miles. The expansion azea meets the
following designation requirements under the City's NEZ policy
Promotes economic development; and
Has a total population less. than 6,000• and
The proposed Stop Six NEZ area is 100% within the Central City and. 100% within the CDBG eligible
areas; and
Is considered distressed based on the 2000 Census socio-demographic data. For example, according to
the 2000 Census, 7 percent of all households receive public assistance income compared to a citywide
percentage of 3 1 percent. Also, the expansion area has a median household income of $27,291 compazed
to a citywide median of $37,074 and an 11.2% unemployment rate compazed to the citywide rate of 3.8%,
and
Meets criteria for Reinvestment Zone designation in that the azea 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 area and that would contribute to the economic
development of the City
J LEGALITY
O FISCAL. NOTE
O CITY MANAGER'S COMMENTS
O CITY POLICIES MANUAL
CIT FO WO ,TEXAS
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COUNCIL PROPOSAL
Date: 2110104 File Number Subject: Consideration of Stop Six NFZ Expansion
Proposed By Frank Moss City Manager's Review Page:
City Attorney's Review:
~f PAGE 2 OF 2
Development Opportunities
Residential Development: According to the 2000 Census, the proposed expansion area is predominately a
neighborhood with 67% of the housing amts being owner-occupied. The median owner-occupied value for
homes is $41,238. Approximately 7.5% of the housing units are vacant. The expansion area will increase the
amount of vacant and underdeveloped land available for future residential development in the Stop Six NEZ.
There are opportunities to develop vacant land along Hughes, Coleman, Bevy Eastland, Garden, Carey and other
streets m the expansion area.
Commercial Development: There are commercial development opportumties along the East Loop 820, East
Bent' Street, Village Creek Road, Wilbarger Street, Miller Avenue, and Rosedale Street. corridors. There are also
opportunities to develop vacant land along Hughes, Coleman, Bent' Eastland, Garden, Carey and other streets in
the expansion area.
The proposed expanded Stop Six NEZ is located in Council District 5
LEGALITY.
The Department of Law finds that this proposal is legal and that it is within the authority of the City Council.
FISCAL NOTE.
The Finance Duector certifies that the approval will not require the appropnation of additional funds at this time.
CITY MANAGER'S COMMENT.
This action is consistent with Council policy and precedent.
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Councilmember Sponsor Counci member Sp sor
^ LEGALITY
^ FISCAL NOTE
^ CITY MANAGER'S COMMENTS
^ CITY POLICIES MANUAL
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 2/24/2004 Ordinance No 15886 and Resolution No 3048
DATE Tuesday February 24 2004
LOG NAME 05STOPSIXNEZ REFERENCE NO G-14272
SUBJECT
Expansion and Designation of the Stop Six Area as a Neighborhood Empowerment Zone and Fort
Worth Neighborhood Empowerment Reinvestment Zone
RECOMMENDATION
It is recommended that the City Council:
1 Adopt the attached Resolution to designate the Stop Six expansion area as a Neighborhood
Empowerment Zone (NEZ) and
2. Hold a public hearing concerning the designation of the Stop Six area as Fort Worth Neighborhood
Empowerment Reinvestment Zone (FWNERZ) No 17 and
3 Adopt an ordinance to designate the Stop Six area as FWNERZ No 17 pursuant to the Texas Property
Redevelopment and Tax Abatement Act, Tax Code Chapter 312.
DISCUSSION
I. Resolution on NEZ Designation
On April 17 2001 the City Council approved the creation of the Stop Six Neighborhood Empowerment
Zone (NEZ) On September 11 2001 the City Council approved Fort Worth Neighborhood Empowerment
Reinvestment Zone (FWNERZ) No 1
On February 10 2004 the City Council approved Council Proposal (CP) No 237 (Attachment A)
authorizing the City Manager to prepare a Mayor and Council Communication with amended Resolution No
2721 and ordinance to designate the Stop Six expansion area as a NEZ. The CP explains how the Stop
Six area meets the NEZ designation criteria and outlines development opportunities
The boundaries of the proposed expanded Stop Six NEZ are the Union Pacific Railroad on the north
Oakland Boulevard Hughes Avenue and Edgewood Terrace on the west, East Loop 820 on the east, and
Eastland Street and Wilbarger Street on the south (Attachment B map) The proposed expanded Stop Six
NEZ has a population of 5 923 persons and an area of 4 1 square miles The proposed expanded Stop Six
NEZ meets the following designation requirements under the City's NEZ policy
Promotes economic development; and
Has a total population less than 6 000 and
The proposed Stop Six NEZ area is 100% within the Central City and 100% within the Community
Development Block Grant eligible areas and
Lo~name: OSSTOPSIXNEZ Page 1 cf 2
Is considered distressed based on the 2000 Census socio-demographic data For example
according to the 2000 Census, 7% of all households receive public assistance income compared to a
citywide percentage of 3 1 % Also the expansion area has a median household income of $27,291
compared to a citywide median of $37 074 and an 11.2% unemployment rate compared to the
citywide rate of 3 8% and
Meets criteria for Reinvestment Zone designation 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 major
investment in the zone that would be a benefit to the area and that would contribute to the economic
development of the City
The Stop Six area therefore meets all the requirements for NEZ designation.
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 Stop Six 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 current NEZ and proposed NEZ expansion area are located in COUNCIL DISTRICT 5
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/AccountlCenters
Submitted for City Manager's Office b~ Reid Rector (6140)
Originating Department Head Jerome Walker (7537)
Additional Information Contact• Jerome Walker (7537)
Lognaxne OSSTOPSIXNEZ
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