HomeMy WebLinkAboutOrdinance 18465-02-2009:i' iii '• •
WHEREAS, pursuant to the City Council's adoption on May 15, 2007 of
Resolution No. 3487 (M &C G- 15726), the City of Fort Worth, Texas (the "City')
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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 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; and
WHEREAS, on January 6, 2004, the City Council designated the
Berry /University area as a Neighborhood Empowerment Zone by Resolution
Number 3030 (M &C G- 14214) to promote (1) the creation or rehabilitation of
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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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Berry/University area as Neighborhood Empowerment Reinvestment Zone No.
13 by Ordinance Number 15815 (M&C G-14214); and
WHEREAS, in accordance with Chapter 312.203 of the Code, the
designation of a reinvestment zone for residential or commercial-industrial tax
abatement expires five years after the date of the designation; and
WHEREAS, Chapter 312.203 of the Code allows for a reinvestment zone
to be renewed for a period not to exceed five years; and
WHEREAS, the Zone expired on January 5, 2009, and the City Council
wishes to renew the Zone for a period of five years', and
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WHEREAS, notice of the Public Hearing was published in a newspaper
of general circulation in the City on January 26, 2009; and
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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 IMILided in the proposed Zone; and
WHEREAS, Neighborhood Empowerment Zone No, 13 will promote the
creation • affordable housing in the zone and an increase in econon-2
development �n the Zone;
I
THE CITY OF FORT WORTH, TEXAS:
M0119TIM
17 0710em
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 renewal of a reinvestment
zone under Chapter 312 of the Code;
1.2. The boundaries of the reinvestment zone shall be the boundaries as
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1.3. The Zone meets the criteria for the designation of a reinvestment zone as
set forth in Section 312.202 of the Code, 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
nvestment 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 w0 as the City for a period in excess of too 10, vears, which is
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the statutory maximum term of any tax abatement agreement entered
into under Chapter 312 of the Code.
SECTION 2.
RENEWAL AND RE-DESIGNATION OF ZONE.
That the City Council hereby renews and re-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 continue to
be known as "Neighborhood Empowerment Reinvestment Zone No. 13, City of
Fort Worth, Texas". The area within the Zone is eligible for residential and
commercial-industrial tax abatement pursuant to Resolution No. 3487.
SECTION 3.
TERM OF ZONE.
(5) years thereafter. The Zone may be renewed by the City Council for one or
more subsequent terms of five (5) years or less.
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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.
EFFECTIVE DATE.
That this Ordinance shall take effect upon its adoption.
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By:
Charlene Sanders
Assistant City Attorney
Date: 2 _4 I
M&C: G-16454
EXHIBIT A
BERRY/UNIVERSITY NEIGHBORHOOD EMPOWERMENT REINVESTMENT
ZONE No. 13
General Description:
The area to be designated as Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 13 for tax abatement purposes contains 1.24 square
miles of land and is within the area described below:
On the North: Beginning at the intersection of McPhearson Avenue and
University Drive, thence east on McPhearson Avenue to the southwest corner
of Lot 12, Block 38, University Place Addition, thence north along the west
property lines of Lot 12, Block 38, University Place Addition, as recorded in the
Tarrant Plat Records in Volume 204-A, Page 172 to the northwest corner of Lot
12, Block 38, University Place Addition, thence east along the northern property
line of Lot 12, Block 38, University Place Addition to its northeast corner, thence
north along the east property lines of Lots 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, Block 38,
University Place Addition, as recorded in the Tarrant Plat Records in Volume
204-A, Page 172, to the centerline of Park Hill Drive. Thence east on Park Hill
Drive to the centerline of Lubbock Avenue, thence south on Lubbock Avenue to
the northwest corner of Lot 19, Block 14, of the Frisco Railroad subdivision, as
recorded in the Tarrant Plat Records in Volume 309, Page 2, thence eastward
along the northern property line of Lot 19, Block 14, of the Frisco Railroad
subdivision to its northeast corner, thence south along the eastern property
lines of Lots 19, 18, 17, 16, 15, 14, 13, 12, Block 14, of the Frisco Railroad
subdivision, as recorded in the Tarrant Plat Records in Volume 309, Page 2 to
the centerline of McPhearson Avenue, thence east along McPhearson Avenue
to the centerline of McCart Avenue, thence north along McCart Avenue to the
centerline of Park Hill Drive, thence eastward along Park Hill Drive to the
centerline of Frazier Avenue, thence northwesterly across the street right-of-
way to the northwest property line of Lot 1, Block I R of the Park Ridge Addition,
as recorded in the Tarrant County Plat Records in Volume 388-10 page 10,
thence eastward along the northern property line of Lot 1, Block 1R of the Park
Ridge Addition to the northwest corner of Abstract 2, Tract 1C of the Arocha, M
J Survey, as recorded in the Tarrant County Plat Records in Volume 9570,
Page 1251, thence eastward along the northern property line of Abstract 2,
Tract IC of the Arocha, N1 J Survey to its northeast corner, thence eastward
across the street right-of-way to the centerline of Eighth Avenue, thence north
on Eighth Avenue to the northwest comer of Lot 28, Block 14, of the Ryan
Place Addition, as recorded in the Tarrant County Plat Records in Volume 310,
Page 83, thence eastward along the north property line of Lot 28, Block 14, of
the Ryan Race Addition to its northeast corner,
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On the East: Beginning at the northeast corner of Lot 28, Block 14, Ryan
Place Addition, thence south along the east property line of Lot 28, Block, Ryan
Place Addition, as recorded in the Tarrant County Plat Records in Volume 310,
Page 83, thence continuing south along the east property lines of Lots 27, 26,
25, 24, 23, 22, 21, 20, 19, 18, 17, Block 14, Ryan Place Addition, as recorded in
the Tarrant County Plat Records in Volume 310, Page 80, thence crossing
Roberts Street, thence south along the east property lines of Lots 14, 13, 12,
11, 10, 9, 8, Block 15, Ryan Place Addition, as recorded in the Tarrant County
Plat Records in Volume 310, Page 80, then continuing south along the east
property lines of Lots 26, 25, 24, 23, 22, 21, Block 27, Ryan Place Addition, as
recorded in the Tarrant County Plat Records in Volume 204 -A, Page 170,
thence continuing south along the eastern property line of Lot 14R, Block 27,
Ryan Place Addition, as recorded in the Tarrant County Plat Records in Volume
A, Page 4416, crossing Cantey Street continuing south along the east property
lines of Lots 24, 23, 22, 21, 20, 19, 18, 17, 16, 15, 14, 13, Block 22, Ryan South
subdivision, as recorded in the Tarrant County Plat Records in Volume 204,
Page 52, to the centerline of Lowden Street, thence east on Lowden Street to
the northeast corner of Lot 24, Block 16, Ryan South subdivision, as recorded
in the Tarrant County Plat Records in Volume 204, Page 52, thence south along
the eastern property lines of Lots 24, 23, 22, 21, 20, 19, 18, 17, 16, 15, 14, 13,
Block 16, Ryan South subdivision, as recorded in the Tarrant County Plat
Records in Volume 204, Page 52, crossing Bowie Street continuing south along
the east property lines of Lots 24, 23, 22, 21, 20, 19, 18, 17, 16, 15, 14, 13,
Block 15, Ryan South subdivision, as recorded in the Tarrant County Plat
Records in Volume 204, Page 52, to the centerline of Berry Street. Thence
east along Berry Street to the right -of -way of the BNSF railroad rail lines, thence
southwesterly along the BNSF railroad rail lines to the centerline of Devitt
Street, thence west along Devitt Street to the centerline of Townsend Drive,
thence south on Townsend Drive to the centerline of Shaw Street, thence west
on Shaw Street to the centerline of Frazier Avenue, thence south on Frazier
Avenue to the centerline of Orange Street, thence west on Change Street to the
centerline of Wayside Avenue, thence south on Wayside Avenue to the
centerline of Biddison Street, thence west on Biddison Street to the centerline of
McCart Avenue, thence south on McCart Avenue to the centerline of Dickson
Street.
On the South: Beginning at Dickson Street and McCart Avenue, thence west
on Dickson Street to the centerline of Merida Avenue thence north on Merida
Avenue to the southern property line of Lot 1, Block 1, Fort Worth Steel &
Machinery Company Plant Site subdivision„ as recorded in the Tarrant County
Plat Records in Volume 388 -117, Page 54, thence west along the southern
property line of Lot 1, Block 1, Fort Worth Steel & Machinery Company Plant
Site subdivision to its southwest corner, thence north along the western
property line of Lot 1, Block 1;. Fort Worth Steel & Machinery Company Plant
Site
subdivision to the northeast corner of Lot 2R Gone E subd=vo;ion, as
-Carded °. a the Tars.tnt ?woUray Plat Records in V{€urr e ;N8n117; Page ~*-' +
thence west along the southern property line of Lot 1, Block 1, Fort Worth Steel
& Machinery Company Plant Site subdivision to the centerline of Cockrell
Avenue, thence northwesterly along Cockrell Avenue to the centerline of
Granbury Road, thence southwesterly along Granbury Road to the centerline of
Dryden Road, thence northwesterly along Dryden Road to the southwest corner
of Lot 10, Block 3, Windsor Place Addition, as recorded in the Tarrant County
Plat Records in Volume 388 -C, Page 53.
On the West: Beginning at the southwest corner of Lot 10, Block 3, Windsor
Place Addition, thence northeasterly along the west property lines of Lots, 10, 9,
8, 7, 6, 5, 4, 3, 2, 1, Block 3, Windsor Place Addition, as recorded in the Tarrant
County Plat Records in Volume 388 -C, Page 53, crossing Butler Street, thence
north along the western property line of Lots 10, 9, 8, 7, 6, Block 38, Bluebonnet
Hills subdivision, as recorded in the Tarrant County Plat Records in Volume
388 -1, Page 355, thence crossing South Hills Avenue, thence continuing north
along the west property lines of Lots 23, 22, 21, 20, 19, 18, 17, 16, 15, Block
28, Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat
Records in Volume 388, Page 74, to the southwest corner of Lot 14R, Block 28,
Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat Records in
Volume 388 -Q, Page 493, thence north along the western property line of Lot
14R, Block 28, Bluebonnet Hills subdivision to the northeast corner of Lot 10R,
Block 28, Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat
Records in Volume 388, Page 74, thence westward along the northeast
property line of Lot 10R, Block 28, Bluebonnet Hills subdivision, thence
westward crossing Park Ridge Boulevard to the southeast corner of Lot 17R,
Block 30, Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat
Records in Volume 388 -0, Page 233, thence northwest along the southwest
property line of Lot 17R, Block 30, Bluebonnet Hills subdivision, continuing
westward along the southwest property line of Lot 14A, Block 30, Bluebonnet
Hills subdivision, as recorded in the Tarrant County Plat Records in Volume
388 -Q, Page 243, to the centerline of Rogers Avenue, thence north on Rogers
Avenue crossing Biddison Street to the southwest property line of Lot 25, Block
19, Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat
Records in Volume 388, Page 74, thence northeasterly along the southeast
property line of Lot 25, Block 19 to the southwest comer of Lot 12, Block 19,
Bluebonnet Hills subdivision, as recorded in the Tarrant County Plat Records in
Volume 388, Page 74, thence north along the western property lines of Lots 12,
11, 10, 9; 8, 7, 6: 5, 4, 3, 2, 1, Block 19, Bluebonnet Hills subdivision, as
recorded in the Tarrant County Plat Records in Volume 388, Page 74, to the
centerline of Benbrook Boulevard, thence west on Benbrook Boulevard to the
southwest corner of Worth Hills park, thence north along the west property line
of Worth Hills park to Lot 4, Block 1, Bluebonnet Hilts subdivision, as recorded
in the Tarrant County Plat Records in Volume 388, Page 74, thence north along
the western property lines of Lots 4, 3, 2, 1. Block 1, Bluebonnet Hills, as
recorded in the Tarrant County Plat Records in Volume 388, Pape 74. thence
;3a;fto along Er'ff? "v ^r{-x*i'(.''. p' t"''!'ia'" #i'eRi' {,s? i,.. "�': ` . }'iis {..+K ',, Kensington 1 ialL 1-1?1, <.
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recorded in the Tarrant County Plat Records in Volume 992, Page 247,
continuing north along the western property lines of Lots 14, 11, 12, 13, 14, 15,
16, 17, Block 3, Kensington Addition, as recorded in the Tarrant County Plat
Records in Volume 822, Page 247, crossing Devitt Street, thence north along
the western property lines of Lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, Block 2,
Kensington Addition, as recorded in the Tarrant County Plat Records in Volume
822, Page 247, to the centerline of Berry Street, thence west on Berry Street to
the centerline of Stadium Drive, thence north on Stadium Drive to the centerline
of Bellaire Drive North, thence west on Bellaire Drive North to the centerline of
University Drive, thence north on University Drive to the centerline of
McPherson Avenue, the point of beginning.
'This document was prepared under 22 TAC § 663.21, does not reflect the
results of an on the ground survey, and is not to be used to convey or establish
interests in real property except those rights or interests implied or established
by the creation or reconfiguration of the boundary of the political subdivision for
which it was prepared."
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COUNCIL ACTION: Approved on 21312009 - Ord. No. 18465-02-2009
DATE: Tuesday, February 03, 20M
LOG NAME: 17BERRYNE I
REFERENCE NO.: G-16454
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Concerning Renewal of the Berry/University Neighborhood
Empowerment Reinvestment Zone No. 13
RECOMMENDATION:
It is recommended that the City Council:
1, Hold a public hearing concerning the renewal of the Berry/University area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 13; and
2. Adopt the attached ordinance which designates the renewal of Fort Worth Neighborhood Empowerment
Reinvestment Zone No. 13, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax
Code, Chapter 312,
DISCUSSION:
On January 6, 2004, (M&C G-14214) the City Council adopted Resolution No. 3030 to designate
the Berry/University area as a Neighborhood Empowerment Zone (NEZ) and adopted Ordinance
No. 15815 which designated Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No.
11
According to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312, the
designation of a reinvestment zone for residential or commercial-industrial tax abatement expires five
years after the date of the designation and may be renewed for periods not to exceed five years.
The current ordinance designating FWNERZ No. 13 expired an January 6, 2009, and must be renewed in
order for the City of Fort Worth to be eligible to participate in the NEZ tax abatement authorized by
Chapter 312.
According to State law, in order to adopt the attached ordinance for renewal, five members of the City
Council must vote in favor of adoption,
I':WNERZ No 13 and the BcrrylUniversity NEZ are located in COUNCIL DISTRICT 9
FISCAL INFORMATION I-CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fond/AccounKenters FROM Fund/Account/Centers
Lognaine: 17BERRYNERZ 11'wc I of 2
CERTIFICATIONS:
Submitted for City, -Manager's Office by:
Oriainatin_TDepartment. Head:
Additional Information- Contact.
Tom Higgins (6140)
Jesus Chapa (6192)
Sarah Odle (7316)
Louname: 17BERRYNERZ Page 2 of 2