HomeMy WebLinkAboutOrdinance 15337
ORDINANCE NO. //,
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY OF
FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE No. 4, 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 February 29, 2000 of
Resolution No 2617 (M&C G-12829), the City of Fort Worth, Texas (the "City") has
elected to be eligible to participate in 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 in 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 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 November 19, 2002, the City Council designated the Evans and
Rosedale 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
WHEREAS, the Neighborhood Empowerment Zone No 4 is located within the
Evans and Rosedale Neighborhood Empowerment Zone; and
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WHEREAS, the Neighborhood Empowerment Zone No. 4 will promote the
creation of affordable housing in the zone and an increase in economic development in
the zone; and
WHEREAS, on November 19, 2002, 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 November 12, 2002 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 in 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 ,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:
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 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 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
in 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 major 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 in 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
purposes as a reinvestment zone for purposes of granting residential and commercial-
industrial tax abatement, as authorized by and in accordance with Chapter 312 of the
Code. The Zone shall be known as "Neighborhood Empowerment Reinvestment Zone
No. 4, City of Fort Worth, Texas" The area within the Zone is eligible for residential and
commercial-industrial tax abatement pursuant to Resolution No. 2617 and M&C G-
13208R.
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 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.
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ANb IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: ~ - ~ I
APPROVED AS TO FORM AND LEGALITY.
By. -~
C hia arcia
Assistant City Attorney
Date• ~ t / 0 ~ ~ ~~
M&C• l~l - ~ J~~~
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EXHIBIT A
Evans and Rosedale Neighborhood Empowerment Reinvestment Zone No. 4
General Descriution
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone no. 3 for tax abatement purposes contains 1 77 square miles of land and within
the are is described below
On the North: Beginning at the exit ramp of Interstate Highway 35 W southbound and
Interstate Highway 30 eastbound. Thence east on Interstate Highway 30 to U.S.
Highway 287 southbound.
On the East: Beginning at the merging point of Interstate Highway 30 exit to U S
Highway 287 southbound Thence South on U S Highway 287 to Cromwell street.
Thence south/southwest on Cromwell Street to Riverside Drive. Thence south on
Riverside Drive to East Richmond Avenue Thence west on East Richmond Avenue to
Delaware Street. Thence south on Delaware Street to the eastern property line of Lot 4,
Block 16, of the Highland Park Addition-Fort Worth, as recorded in Volume 310, Page
60 of the Tarrant County plat records Thence continue south along the western
property line of Lot 4, Block 16, of the Highland Park Addition-Fort Worth, as recorded in
Volume 310, Page 60 of the Tarrant County deed records, to the southern property line
of Lot 4, Block 16, of the Highland Park Addition-Fort Worth, as recorded in Volume
310, Page 60 of the Tarrant County deed records. Thence east along the southern
property line of Lot 4, Block 16, of the Highland Park Addition-Fort Worth as recorded in
Volume 310, Page 60 of the Tarrant County deed records, to the alley. Thence
continue south across the alley to the eastern boundary of Lot 5, Block 16, of the
Highland Park Addition-Fort Worth as recorded in Volume 310, Page 60 of the Tarrant
County deed records, to Delaware Street continuation. Thence southwest along
Delaware Street to East Jessamine Street.
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On the South: Beginning.at the intersection of Delaware Street and East Jessamine
Street. Thence west on East Jessamine Street to the northbound service road of South
Freeway/Interstate Highway 35W.
On the West: Beginning at the intersection of East Jessamine Street and the
northbound service road of South Freeway/Interstate Highway 35 W Thence north
along the northbound service road of South Freeway/Interstate Highway 35W to
Magnolia Avenue Thence west along Magnolia Avenue across South
Freeway/Interstate Highway 35 West to the eastern property line of Lot 1, Block 1, of
Guinn School Addition as recorded in the Volume A, Page 6788 of Tarrant County plat
records. Thence north along the eastern property line of Lot 1, Block 1, of Guinn School
Addition, as recorded in Volume A, Page 6788 of the Tarrant County plat records to
East Rosedale Street. Thence east on East Rosedale Street to the northbound service
road of South Freeway/Interstate Highway 35W Thence north on the northbound
service road of South Freeway/Interstate Highway 35W to the exit ramp of Interstate
Highway 35 W southbound and Interstate Highway 30 eastbound
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City of Fort WoYth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/19/02 G-13806 05DESIG 1 of 2
SUBJECT RESOLUTION TO DESIGNATE THE EVANS AND ROSEDALE AREA AS A
NEIGHBORHOOD EMPOWERMENT ZONE, AND PUBLIC HEARING TO DESIGNATE THE
EVANS AND ROSEDALE AREA AS REINVESTMENT ZONE NO 4
RECOMMENDATION
It is recommended that the City Council
1 Adopt a resolution to designate the Evans and Rosedale area as a Neighborhood Empowerment
Zone (NEZ), and
2 Hold a public hearing concerning the designation of the Evans and Rosedale area as Fort Worth
Neighborhood Empowerment Reinvestment Zone (FWNERZ) No 4, and
3 Adopt an ordinance to designate the Evans and Rosedale area as FWNERZ No 4 pursuant to the
Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312.
DISCUSSION
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 Evans and
Rosedale urban village has completed the mixed-use rezoning process as approved by the City Council
on November 12, 2002 The NEZ boundaries are shown on Exhibit A of the attached resolution
The Evans and Rosedale area meets the criteria for NEZ designation, as follows
• Promotes affordable housing, economic development or increase in the quality of services as
stated in the Central City Commercial Corridor Revitalization Strategy; and
• Has a population within 6,000 (5,972), and
• Is 100% within Central City and CDBG-eligible areas, and
• Is bounded by clearly defined boundaries, and
• Meets the criteria for Reinvestment Zone designation
Public Hearing and Ordinance on FWNERZ Desi ng ation
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. Therefore,
the Evans and Rosedale area would need to be designated as a reinvestment zone under Texas Tax
Code, Chapter 312, so the City could enter into tax abatement agreements The exact boundaries of
the zone are described in Exhibit A of the attached ordinance
City of Fort Worth, Texas
Mayor and Council Communication
DATE
11/19/02 REFERENCE NUMBER
G-13806 LOG NAME
05DESIG PAGE
2 of 2
SUBJECT RESOLUTION TO DESIGNATE THE EVANS AND ROSEDALE AREA AS A
NEIGHBORHOOD EMPOWERMENT ZONE, AND PUBLIC HEARING TO DESIGNATE THE
EVANS AND ROSEDALE AREA AS REINVESTMENT ZONE NO 4
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 this 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 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 of benefit to the property and
contribute to the economic development of the municipality Further, future improvements in the zone
would be of benefit to the City after any tax abatement agreements that may be entered into have
expired The designation of a reinvestment zone expires after five years and may be renewed for
periods not to exceed five years
On October 8, 2002, the above recommendations were endorsed by the Economic and Community
Development Committee for City Council approval
The FWNERZ No 4 and Evans and Rosedale NEZ are located in COUNCIL DISTRICT 8
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
RR.k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Reid Rector 6140
Originating Department Head.
Jerome Walker 7537 (from) APPROVED 11/19/02
ORD.# 15337
Additional Information Contact: RESOLUTION # 2889
Jerome Walker 7537