HomeMy WebLinkAboutOrdinance 18425-01-2009ORDINANCE NO. 18425-1-2009
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY OF
FORT WORTH AS "NEIGHBORHOOD EMPOWERMENT
REINVESTMENT ZONE NO. 36, 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 May 15, 2007 of
Resolution No. 3487 (M&C G-15726), 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 January 6, 2009, the City Council designated the Oakland
Corners 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. 36 is located within the
Oakland Corners Neighborhood Empowerment Zone; and
WHEREAS, the Neighborhood Empowerment Zone No. 36 will promote the
creation of affordable housing in the zone and an increase in economic development in
the zone; and
WHEREAS, on January 6, 2009, the City Council held a public hearing regarding
the creation of the Zone that 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 December 27, 2008 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. 36, City of Fort Worth, Texas". The area within the Zone is eligible for residential
and commercial-industrial tax abatement pursuant to Resolution No. 3487 and M&C G-
15726.
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.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: January 6, 2009
APPROVED AS TO FORM AND LEGALITY:
By:
Charlene Sanders
Assistant City Attorney
Date: ( ~ ~ / ~
M&C: G-16408 1-6-2009
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
Political Subdivision Description
City of Fort Worth
Oakland Corners NEZ
A parcel of land out of the Perry Anderson Survey, Abstract Number 32, the Ephraim M.
Daggett Survey, Abstract Number 431, the William Mann, Abstract Number 996, the
William R. McFaddin Survey, Abstract Number 1076, the J. L. Purvis Survey, Abstract
Number 1228, the John Ringer Survey, Abstract Number 1287, the J. W. Subtett
Survey, Abstract Number 1409, the Juan Armendaris Survey, Abstract Number 1773,
Tarrant County, Texas, situated South 70 degrees East, 2.8 miles, from the Courthouse
in Fort Worth, and being more particularly described by meets and bounds as follows to
wit:
BEGINNING at the intersection of the centerlines of the Union Pacific Railroad, and
Beach Street;
THENCE with the centerline of Beach Street, NORTH, 2362 feet, to its intersection with
the south right-of-way of Interstate Highway Number 30;
THENCE with said right-of-way, the following courses and distances; North 84 degrees
27 minutes East, 104 feet; North 74 degrees 29 minutes East, 744 feet; and, North 78
degrees 47 minutes East, 129 feet, to its intersection with a line 35 foot east of the west
line of Lot 10, Block 17, Sycamore Heights Addition, according to plat thereof recorded
in Volume 309, Page 11, of the Plat Records of Tarrant County, Texas;
THENCE with a line 35 foot east of and parallel with said west line, SOUTH, some 338
feet, to the northwest corner of that certain parcel of land described by deed to Robert
Greer, Jr., by deed recorded in Volume 15961, Page 308, of the Deed Records of
Tarrant County, Texas, said corner being 201 feet, north of the north right-of-way of
Scott Street, according to said plat;
THENCE with the north line of said Greer Parcel, to and along the north line of that
certain parcel of land described by deed to Dorothy Jean Callahan., by deed recorded in
Volume 15632, Page 443, of the Deed Records of Tarrant County, Texas, EAST, 150
feet, to the northeast corner of said Callahan Parcel;
THENCE with the east line of said Callahan Parcel, SOUTH, 86 feet, to its intersection
with the projection of the north line of that certain parcel of land described by deed to
Edward Yauger, by deed recorded in Volume 3949, Page 450, of the Deed Records of
Tarrant County, Texas;
THENCE EAST, to and along the north line of said Yauger Parcel, and to and along the
north line of that certain parcel of land described by deed to Cash Mortgage
Corporation, by deed recorded in Volume 13859, Page 551, of the Deed Records of
Tarrant County, Texas, 245 feet, to its northeast corner;
THENCE with the east line of said Cash Mortgage Corporation Parcel, SOUTH, 5 feet,
to the northwest corner of that certain parcel of land described by deed to Cash
Mortgage Corporation, by deed recorded in Volume 13859, Page 547, of the Deed
Records of Tarrant County, Texas
THENCE with the north line of said Cash Mortgage Corporation Parcel, EAST, 50 feet,
to the west line of that certain parcel of land described by deed to Cash Mortgage
Corporation, by deed recorded in Volume 13859, Page 549, of the Deed Records of
Tarrant County, Texas
THENCE with the west line of said Cash Mortgage Corporation Parcel, NORTH,
10.2 feet, to its northwest corner;
THENCE with the north line of said Cash Mortgage Corporation Parcel, EAST, 50 feet,
to its northwest corner, and to its intersection with a line 30 foot east of the west line of
Lot 15, Block 17, of said Sycamore Heights Addition;
THENCE with a line 30 foot east of and parallel with said west line, SOUTH, some 192
feet, to the centerline of Scott Avenue;
THENCE with the centerline of Scott Avenue, the following courses and distances;
EAST, 354 feet; North 75 degrees East, 44 feet; to its intersection with the west line of
Lot 20, Block 17, of said Sycamore Heights Addition; and, EAST, 100 feet, to its
intersection with the east line of Lot 20, Block 17, of said Sycamore Heights Addition;
THENCE with the east line of said Lot 20, SOUTH, 496 feet, to its intersection with the
centerline of Young Street;
THENCE with the centerline of Young Street, EAST, 446 feet, to its intersection with the
centerline of Barron Street;
THENCE with the centerline of Barron Street, SOUTH, 406 feet, to its intersection with
the centerline of View Street;
THENCE with the centerline of View Street, the following courses and distances; EAST,
1354 feet; North 83 degrees 48 minutes East, 2331 feet; and EAST, 1731, feet, to its
intersection with the centerline of Ayers Avenue;
THENCE with the centerline Ayers Avenue, SOUTH, 448 feet, to its intersection with the
centerline of Meadowbrook Drive;
THENCE with the centerline of Meadowbrook Drive, the following courses and
distances; South 86 degrees 33 minutes East, 133 feet; South 76 degrees 51 minutes
East, 901 feet; North 61 degrees 54 minutes East, 503 feet; North 58 degrees 35
minutes East, 1214 feet; and EAST, 2780 feet, to its intersection with the centerline of
Edgewood Terrace;
THENCE with the centerline of Edgewood Terrace, SOUTH, 4030 feet, to its
intersection with the centerline of the Union Pacific Railroad;
THENCE with the centerline of the Union Pacific Railroad, the following courses and
distances; South 85 degrees 38 minutes West, 5003 feet; South 88 degrees 37 minutes
West, 100 feet; North 83 degrees 19 minutes West, 100 feet; North 83 degrees 55
minutes West, 100 feet; North 83 degrees 37 minutes West, 100 feet; North 82 degrees
21 minutes West, 100 feet; North 82 degrees 31 minutes West, 100 feet; North 80
degrees 30 minutes West, 100 feet; North 70 degrees 51 minutes West, 100 feet; North
69 degrees 24 minutes West, 100 feet; North 70 degrees 10 minutes West, 100 feet;
North 67 degrees 29 minutes West, 100 feet; North 65 degrees 23 minutes West, 100
feet; North 64 degrees 42 minutes West, 100 feet; North 64 degrees 05 minutes West,
100 feet; North 61 degrees 44 minutes West, 100 feet; North 58 degrees 00 minutes
West, 3472 feet; North 53 degrees 46 minutes West, 100 feet; North 53 degrees 37
minutes West, 100 feet; North 53 degrees 12 minutes West, 100 feet; North 55 degrees
38 minutes West, 100 feet; North 55 degrees 43 minutes West, 100 feet; North 55
degrees 02 minutes West, 100 feet; North 56 degrees 33 minutes West, 100 feet; North
60 degrees 36 minutes West, 100 feet; North 62 degrees 32 minutes West, 100 feet;
North 63 degrees 53 minutes West, 100 feet; North 67 degrees 01 minutes West, 100
feet; North 66 degrees 43 minutes West, 100 feet; North 71 degrees 56 minutes West,
100 feet; North 71 degrees 07 minutes West, 100 feet; North 73 degrees 20 minutes
West, 100 feet; North 74 degrees 48 minutes West, 100 feet; North 78 degrees 01
minutes West, 100 feet, and North 80 degrees 21 minutes West, 100 feet, to the Place
of Beginning, and containing some 875 acres or 1.37 square miles of land, more or less.
This description prepared by Hans Kevin Hansen, RPLS # 4786, in October and
November 2008.
Bearings and distances, per cited instruments, and Oakland Corners NEZ map dated
April, 2008, prepared by the City of Fort Worth, Planning and Development Department.
"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 and 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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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL
ACTION: Approved on
1/6/2009 -Res. No. 3704-01-
2009 and Ord. No. 18425-01-
2009
CONTINUED FROM A
PREVIOUS WEEK
DATE: Tuesday, December 16,
2008
LOG NAME: 170AKLAND
REFERENCE NO.: G-16408
SUBJECT:
Adopt Resolution Designating the Oakland Corners Area as a Neighborhood Empowerment
Zone; Adopt Ordinance Designating the Oakland Corners Area as Neighborhood Empowerment
Reinvestment Zone No. 36
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution designating the Oakland Corners area as a Neighborhood
Empowerment Zone;
2. Hold a public hearing concerning the designation of the Oakland Corners area as Fort Worth
Neighborhood Empowerment Reinvestment Zone No. 36; and
3. Adopt the attached ordinance designating the Oakland Corners area as Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 36 pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Chapter 312.
DISCUSSION:
On April 25, 2000, (M&C G-12897) the City Council approved the Policy Statement on the Creation of
Local Neighborhood Empowerment Zone's (NEZ) in accordance with Chapter 378 of the Texas Local
Government Code. The City Council also authorized the City Manager to identify neighborhood areas
that may be eligible for NEZ designation and to develop administrative procedures for the NEZ Program.
The NEZ Administrative Procedures were adopted by the City Council on October 3, 2000, and
Logname: 170AKLAND Page 1 of 3
amended on May 15, 2007, to initiate improved program requirements. The procedures included two
methods by which a NEZ may be designated:
1. City Council designation; or
2. A neighborhood sponsor application process.
The proposed Oakland Corners area is eligible for NEZ designation. City staff in consultation with the
City Council district representative and neighborhood stakeholders have developed a plan according to
requirements under the NEZ policy. The plan is attached as Exhibit A. A map of the proposed NEZ is
attached as Exhibit B. The boundaries of the proposed NEZ are:
• View Street and Meadowbrook Drive on the north;
• Beach Street on the west;
• Union Pacific Railroad on the south; and
• Edgewood Terrace on the east.
The proposed Oakland Corners NEZ is 1.36 square miles in size and meets the following designation
requirements under the City's NEZ policy:
• Promotes the creation of quality affordable housing in the zone;
• Will bring about economic development in the zone;
• Is 100 percent within the Central City and at least 75 percent of the proposed NEZ area is Community
Development Block Grant (CDBG) eligible;
• Is considered distressed based on census data on population, socio-demographic and other factors;
Logname: 17OAKLAND Page 2 of 3
• Contains the Oakland Corners Urban Village; 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 property and that would contribute to the economic
development of the City.
On December 9, 2008, the above recommendations were endorsed by City Council through Council
Proposal No. 277.
The Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 36 and the Oakland
Corners NEZ are located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bx: Tom Higgins (6140)
Ori ig_nating D~artment Head: Jay Chapa (6192)
Additional Information Contact: Sarah Odle (7316)
Logname: 17OAKLAND Page 3 of 3