HomeMy WebLinkAboutOrdinance 15344<, ?
'}` .4
aR ~ ~
ORDINANCE NO. I ~~ 1
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY OF
FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 6, 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 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 in 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 m accordance with Chapter 312 of the Code; and
WHEREAS, on November 26, 2002, the City Council designated the
Polytechnic/Wesleyan 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 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 6 is located
within the Polytechnic/Wesleyan Neighborhood Empowerment Zone; and
1
WHEREAS, the Neighborhood Empowerment Zone No 6 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 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 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 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
heanng to the presiding officer of the governing body of each taxing unit that includes m 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:
2
1.1. The statements and facts set forth m 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 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 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 m excess often (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 Crty 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 in accordance with Chapter 312 of the Code. The Zone shall be known as
"Neighborhood Empowerment Reinvestment Zone No 6, 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.
3
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 ~unsdiction, 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 EFFECTIVE I I ~' ~ la` ~~
APPROVED AS TQ~ORM AND LEGALITY
By.
Cynthia Ga~a
Assistant Crty Attorney
Date: I ~ c~ ~`~ ~
4
M&C ~'1 ~ ") d~
EXHIBIT A
Fort Worth Neighborhood Empowerment Reinvestment Zone No. 6
Polytechmc/Wesleyan
General Descnphon
The area to be designated as Fort Worth Neighborhood Empowerment Reinvestment
Zone No 6 for tax abatement purposes contains 1 46 square miles of land and is the
area within the described below
On the North: Beginning at the intersection of the northwest corner of Lot 3, Greves
Addition, as recorded m Volume 204A, Page 130 of the Tarrant County plat records,
and Vickery Street. Thence east along Vickery Street to the southwest corner of Lot 2,
Armendans Place Addition, as recorded m Volume 881, Page 327 of the Tarrant
County deed records. Thence north along the western property line of Lots 2, 3, 4, and
5 Armendans Place, to the northwest corner of Lot 5, Lot 5 being recorded in Volume
388J, Page 423 of the Tarrant County plat records. Thence east along the north property
line of Lot 5 to Bmkley Street. Thence south on Binkley Street to Midland Street.
Thence east along Midland Street to its terminus at the west property line of Tract 8,
John Ringer Survey (Abstract 1287), as recorded in Volume 1366, Page 377 of the
Tarrant County deed records. Thence north along the western property line of Tract 8,
John Ringer Survey (Abstract 1287), to its intersection with the Union Pacific Railroad
nght-of--way Thence southeast along said railroad r o w to the northeast corner of the
Tract 2A, J.L. Purvis Survey (Abstract 1228) as recorded in Volume 8794, Page 1410 of
the Tarrant County deed records. Thence south along the eastern property line of Tract
2A, J.L. Purvis Survey (Abstract 1228) to its intersection with the northwest corner of
Tract 3, J.L. Purvis Survey (Abstract 1228), as recorded in Volume 13879, Page 21 of
the Tarrant County deed records, as part of the property described as Lots 2, 2A2, 2C, 3
and 4, J.L. Purvis Survey (Abstract 1228) Thence east along the length of northern
property line of said Tract 3 to its eastern property line.
On the East: Beginning at the northeast corner of Tract 3, J.L. Purvis Survey (Abstract
1228), as recorded m Volume 13879, Page 21 of the Tarrant County deed records, as
part of the property described as Lots 2, 2A2, 2C, 3 and 4, J.L. Purvis Survey (Abstract
1228) Thence south along the length of the eastern property line of said Tract 3 to its
intersection with the northern property line of Tract 4, J.L. Purvis Survey (Abstract
1228), also recorded in Volume 13879, Page 21 of the Tarrant County deed records, as
part of the property described as Lots 2, 2A2, 2C, 3 and 4, J.L. Purvis Survey (Abstract
1228) Thence south along the eastern property line of Tract 4, J.L. Purvis Survey
(Abstract 1228), to East Rosedale Street. Then west along East Rosedale Street to its
mtersechon with Miller Street. Thence south along Miller Street to Ramey Avenue.
On the South: Beginning at the intersection of Miller Street and Ramey Avenue.
Thence west along Ramey Avenue to Wallace Street. Thence south along Wallace
1 of 3
}
Street to Crenshaw Street. Thence west along Crenshaw Street to Campbell Street.
Thence north along Campbell Street to the southeast corner of Lot 1, Block 9, Raef
Subdivision, as recorded m Volume 310, Page 52 of the Tarrant County plat records.
Thence west along the south property lines of Lots 1 through 11, Block 9, Raef
Subdivision to Little Street. Thence continuing west across Little Street to the
southwest corner of Lot 1, Block I, L. T Millett Subdivision, as recorded in Volume
204, Pages 44-45 of the Tarrant County plat records. Thence west along the south
property lines of Lots 1 through 9, Block I, Millett Subdivision to Bishop Street..
Thence continuing west across Bishop Street to the southeast corner of Lot 1, Block J,
Millett Subdivision, then continuing west along the south property lines of Lots 1
through 8, Block J, Millett Subdivision, to Collard Street. Thence continuing west
across Collard Street to the southeast corner of Lot 1, Block K, Millett Subdivision.
Thence continuing west along the south property lines of Lots 1 through 10, Block K,
Millett Subdivision to Vaughn Blvd. Then continuing west across Vaughn Blvd to the
southeast corner of Lot 2, Block L, Millett Subdivision. Thence west along the south
property lines of Lots 2, 3 and 4, Block L, Millett Subdivision, to the intersection with
Lot 5, Block 16, Edna Burchill Second Filing as recorded in Volume 1867, Page 524 of
the Tarrant County deed records. Thence north along the eastern property line of Lot 5,
Block 16 Edna Burchill Second Filing to its north property line. Thence west along the
length of the north property lines of Lots 5, 4, 3, 2, and 1, Block 16, Edna Burchill
Second Filing. Thence south along the western property line of Lot 1, Block 16, Edna
Burchill Second Filing to Hanger Street. Thence northwest along Hanger Street to the
southeast corner of Lot 6, Block I, Polytechnic Heights South Addition, as recorded in
Volume 204, Page 44 of the Tarrant County plat records. Thence north along the
eastern property line of Lot 6, Block I Polytechnic Heights South Addition to the platted
but unconstructed portion of Ada Street. Thence north across the platted but
unconstructed portion of Ada Street to the southeast corner of Lot 1, Block 8B, Avalon
Heights Addition, as recorded m Volume 388-0, Page 387 of the Tarrant County plat
records. Thence north along the eastern property line of Lots 1 through 6, Block 8B,
Avalon Heights Addition to the southeast corner of Lot 1, Block 118, Polytechnic
Heights Subdivision as recorded m Volume 63, Page 109 of the Tarrant County plat
records. Thence west along the south property lines of Lots 1 through 9, Block 118,
Polytechnic Heights Subdivision. Thence north along the western property line of Lot 9,
Block 118, Polytechnic Heights Subdivision to its intersection with Lot B, Block 118,
Polytechnic Heights Subdivision as recorded m Volume 388-16, Page 453 of the
Tarrant County plat records. Thence west along the southern property line of Lot B,
Block 118 Polytechnic Heights Subdivision to McKenzie Street. Thence north on
McKenzie Street to Avenue L. Thence west on Avenue L to Conner Avenue. Thence
north on Conner Avenue to the southeast corner of Tract 1 C5, John Ringer Survey
(Abstract 1286), as recorded in Volume 15030, Page 56 of the Tarrant County deed
records. Thence west along the southern property line of said Tract 1C5 to Beach
Street.
On the West: Beginning at the intersection of the southeast corner of Tract 1C5, J
Ranger Survey (Abstract 1286), as recorded m Volume 15030, Page 56 of the Tarrant
County deed records, and Beach Street. Thence north on Beach Street to East Rosedale
2 of 3
Street. Thence east on East Rosedale Street to Conner Avenue. Thence north on
Conner Avenue to the southeast corner of Lot 12, Greves Subdivision, as recorded m
Volume 204A, Page 130 of the Tarrant County plat records. Thence west along the
southern property line of said Lot 12 to its southwest corner Thence north along the
western property lines of Lots 12 through 3, Greves Subdivision to the intersection with
Vickery Boulevard, also being the_point of beginning.
3 of 3
i
~ ~~ r*.,,
~~
cn ~ i ~
.~ ~+-i °'
ti
a 4' ~ w
aw ~ z
r-- ~ f= a}i a}i
~ ~
_ ~ ~
~ __.__ ' ~- ~ o 0
~~~ -, ~ -
~_~. ~ e
~-- -W'f W 2
/t. - r ~~~ ~.I ~
~, ~W
.~~
- i---- 3a'dl l ~M
l '~ .Q
~ ~ l' ~~
~ ~ _ `~ o
~~ ~ l 9dwt~J ~ ~
or '"' ~ 't a 's I , r~
1 ~ ~~ 1 f ~'
_ _J~J_ J ~ ~~`
1
,_~5. O f`
~ ~----' a; ~---l--i-~--- ; - ~'c
r _~_
~ 0 i r - ..
~~
.~ ~ J i irr Y
A N18 w: ~ '~~~f%~`~ H o
r
11 ,rr
~~// Gr'- r;
I\ l ,~-
r f -~! ' ,~~f~
W ~ - rfr
N ~ ,.n.'' r,,. ~ ~~31~N3 N ~W j --l, ~~~
I ~ ~ ~• ~*~rF~
,..1. l j
~ a, ~ ~ tl3 NN 0~ ~~ ,.~_''' r ,/'.
_ r•
oo ~r = ~ ~~~~,~ ~ r f mod` f,,'r O~
~y w
~ ~ ~ ~
1 ~ -.--- ~
Y/ 1 ~ ~t ~ ~ ,~1 ~ d L1 ~``a. ~` N
~ V1 f ~ ~~ V ~ ~ co
r t ~ ~ ~ y •y O - ~ ~ ~~
V l0
G7 ~ _ ~,y ` ---.~. ~ Sj COD V s = C ~ ~~,,
~ '~ ~ ~ ~ 3 = max! _ ~ V ~y v ~ W m O
.~ _ -
^~', O D
CJ J SS1 C
f~f ~ N ~ ~ ~ '1 ~ ~~ d
i w
., V ~
~~
-f
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11 /26/02 G-13815 05POLY 1 of 2
SUBJECT RESOLUTION TO DESIGNATE THE POLYTECHNIC/WESLEYAN AREA AS A
NEIGHBORHOOD EMPOWERMENT ZONE AND PUBLIC HEARING TO DESIGNATE THE
POLYTECHNIC/WESLEYAN AREA AS REINVESTMENT ZONE NO 6
RECOMMENDATION
It is recommended that the City Council
Adopt the attached resolution to designate the Polytechnic/Wesleyan area as a Neighborhood
Empowerment Zone (NEZ), and
2. Hold a public hearing concerning the designation of the Polytechnic/Wesleyan area as Fort Worth
Neighborhood Empowerment Reinvestment Zone (FWNERZ) No 6, and
3 Adopt the attached ordinance to designate the Polytechnic/Wesleyan area as FWNERZ No 6
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 Polytechnic/Wesleyan
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
Polytechnic/Wesleyan area meets the criteria for NEZ designation, as follows
• Promotes affordable housing, economic development anal increases in the quality of services as
stated in the Central City Commercial Corridor Revitalization Strategy; and
• Has an area no larger than 1 5 sq miles (1 46 square miles), and
• Is 100% within the Central City and Community Development Block Gant-eligible areas, and
• Is bounded by clearly defined boundaries, and
• Meets the criteria for Reinvestment Zone designation
a~.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/26/02 G-13815 05POLY 2 of 2
SUBJECT RESOLUTION TO DESIGNATE THE POLYTECHNIC/WESLEYAN AREA AS A
NEIGHBORHOOD EMPOWERMENT ZONE AND PUBLIC HEARING TO DESIGNATE THE
POLYTECHNIC/WESLEYAN AREA AS REINVESTMENT ZONE NO 6
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
Polytechnic/Wesleyan 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 November 12, 2002, the above recommendations were endorsed by the Economic and Community
Development Committee for City Council approval
The FWNERZ No 6 and the Polytechnic/Wesleyan NEZ are located in COUNCIL DISTRICTS 5 and 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 11/26/02
RESOLUTION NO 2894
Additional Information Contact: ~ ORD.# 15344
Jerome Walker 7537