HomeMy WebLinkAboutOrdinance 15343ORDINANCE NO. [�(4�
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY OF
FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 5, 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 26, 2002, the City Council designated the Magnolia
Village 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
WHEREAS, the Neighborhood Empowerment Reinvestment Zone No 5 is
located within the Magnolia Village Neighborhood Empowerment Zone; and
1
WHEREAS, the Neighborhood Empowerment Zone No 5 will promote the
creation of affordable housing in the zone and an increase in economic development in
the zone, and
WHEREAS, on November 26, 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 15, 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
2
T r
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
ke
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 5, 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-
13662R.
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
n
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE 1I- QLb-ba,
APPROVED AS TO FORM AND LEGALITY
By.
C hia - cia
Assistant City Attorney
Date 4-L 0 0-11
M &C — b1 L4
5
Exhibit A
Fort Worth Neighborhood Empowerment
Reinvestment Zone No 5
Magnolia Village
General Description
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone No 5 for tax abatement purposes contains 1 68 square miles of land and is within
the area described below*
On the North Beginning at a point which is the intersection of Henderson Street and the
eastbound service road of Interstate 30 West. Thence eastward along the eastbound
service road of Interstate 30 West to the southbound service road of Interstate 35W
On the East: Beginning at the intersection of the eastbound service road of Interstate 30
West and the southbound service road of Interstate 35W Thence southbound on the
service road of Interstate 35W to Rosedale Street. Thence west on Rosedale Street to the
UP RR rail lines Thence southerly along the UP RR rail lines to the centerline of Lot 1,
Block 1, of the Guinn School Addition subdivision, as recorded in Volume A, Page 6788,
30F3, of the Tarrant County plat records Thence eastward along the centerline of Lot 1,
Block 1 of the Guinn School Addition to the southbound service road of Interstate 35W
Thence south on the southbound service road of Interstate 35W to Allen Avenue
On the South Beginning at the intersection of the southbound service road of Interstate
35W and Allen Avenue Thence west on Allen Avenue to the BNSF RR rail lines Thence
southerly along the BNSF rail lines to the centerline of Main Street at Richmond Avenue
Thence west on Richmond Avenue to Henderson Street. Thence north on Henderson
Street to Richmond Avenue. Thence west on Richmond Avenue to Eighth Avenue
Thence north on Eighth Avenue to Mistletoe Blvd Thence west on Mistletoe Boulevard to
the FW & WR rail lines Thence southerly on the FW & WR rail lines to the southeast
1 of 2
corner of Lot 46, Block 8, Frisco subdivision Thence west along the southern property
lines of Lots 46, 47, 49, 50, 51, and 52, Block 8, Frisco subdivision, as recorded in Volume
106, Page 135, of the Tarrant County plat records to the BNSF rail lines Thence northerly
along the BNSF rail lines to Harrison Avenue Thence west on Harrison Avenue to Jerome
Street.
On the West: Beginning at the intersection of Jerome Street and Harrison Avenue
Thence north on Jermone Street to Rosedale Street. Thence west on Rosedale Street to
Forest Park Boulevard Thence north on Forest Park Boulevard to southern portion of the
UP RR rail lines. Thence easterly along the UP RR rail lines to the point where it is directly
parallel to the FW & WR rail lines. Thence southerly along the FW & WR rail lines to
Rosedale Street. Thence east on Rosedale Street to Henderson Street. Thence north on
Henderson Street to Dashwood Street. Thence east on Dashwood Street to College
Avenue Thence north on College Avenue to Cannon Avenue Thence west on Cannon
Avenue to Henderson Street. Thence north on Henderson Street to the eastbound service
road of Interstate 30 West, the point of beginning
2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/26/02 G -13814 05MAGNOLIA 1 of 2
SUBJECT RESOLUTION TO DESIGNATE THE MAGNOLIA VILLAGE AREA AS A
NEIGHBORHOOD EMPOWERMENT ZONE AND PUBLIC HEARING TO DESIGNATE
THE MAGNOLIA VILLAGE AREA AS REINVESTMENT ZONE NO 5
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached resolution to designate the Magnolia Village area as a Neighborhood
Empowerment Zone (NEZ), and
2 Hold a public hearing concerning the designation of the Magnolia Village area as Fort Worth
Neighborhood Empowerment Reinvestment Zone (FWNERZ) No 5, and
3 Adopt the attached ordinance to designate the Magnolia Village area as FWNERZ No 5 pursuant to
the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312
DISCUSSION
Resolution on NEZ Designation
In March 2002, City Council approved preliminary boundaries for twelve urban villages and a
recommendation to make mixed -use zoning a prerequisite for NEZ designation The Magnolia Village
urban village has completed the mixed -use rezoning process as approved by the City Council on
November 19, 2002. The NEZ boundaries are shown on Exhibit "A" of the attached resolution
Magnolia Village area meets the criteria for NEZ designation, as follows
• Promotes affordable housing, economic development and increases in the quality of services as
stated in the Central City Commercial Corridor Revitalization Strategy; and
• Has a population within 6,000 (5920), and
• Is at least 50% within the Central City (97 %) and is at least 50% within Community
Development Block Grant - eligible areas (97 %), and
• Is bounded by clearly defined boundaries, and
• Meets the criteria for Reinvestment Zone designation
1
City of Fort Worth, Texas -
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/26/02 G -13814 05MAGNOLIA 2 of 2
SUBJECT RESOLUTION TO DESIGNATE THE MAGNOLIA VILLAGE AREA AS A
NEIGHBORHOOD EMPOWERMENT ZONE AND PUBLIC HEARING TO DESIGNATE
THE MAGNOLIA VILLAGE AREA AS REINVESTMENT ZONE NO 5
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. Therefore,
the Magnolia Village 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.
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 a benefit to the area and
contribute to the economic development of the municipality Further, future improvements in the zone
would be a 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 5 and Magnolia Village NEZ are located in COUNCIL DISTRICTS 8 and 9
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 I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Reid Rector 6140
Jerome Walker 7537 (from) APPROVED 11/26/02
RESOLUTION NO 2893
Jerome Walker 7537
ORD.# 15343