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HomeMy WebLinkAboutContract 43974 (2)CITY SECRETARY CONTRACT N09 STATE OF TEXAS COUNTY OF TARRANT § TAX ABATEMENT AGREEMENT This TAX ABATEMENT AGREEMENT ("Agreement") is entered into by and between the CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipality organized under the laws of the State of Texas, and COMMERCIAL METALS COMPANY ("Owner"), a Delaware corporation. The City Council of the City of Fort Worth ("City Council") hereby finds and the parties hereby agree that the following statements are true and correct and constitute the basis upon which the parties have entered into this Agreement: A. On June 12, 2012, the City Council adopted Resolution No. 4096-06-2012, stating that the City elects to be eligible to participate in tax abatement, as authorized by and in accordance with the Property Redevelopment and Tax Abatement Act, codified in Chapter 312 of the Texas Tax Code, as amended (the "Code"). B. On December 6, 2011, the City Council adopted Resolution No. 4051-12-2011 and approved a Relocation Incentives Policy (the "Relocation Incentives Policy") for qualifying businesses that are displaced and must relocate due to a Major Public Infrastructure Project, as that term is defined in the Relocation Incentives Policy. Tax abatement is one of the incentives available under the Relocation Incentives Policy. C. On July 18, 2006, the City Council adopted Resolution No. 3390-07-2006, finding that the Trinity River Uptown Project, as defined in Resolution No. 3 3 90-07-2006, is a Major Public Infrastructure Project and that, therefore, businesses that are displaced and must relocate on account of the Trinity River Uptown Project are eligible for incentives pursuant to and in accordance with the Relocation Incentives Policy. D. Owner currently operates a metals recycling business at 601 N. Throckmorton St. This property has been acquired by Tarrant Regional Water District and has been notified by them that its business operations there will be displaced by the Trinity River Uptown Project. Owner has purchased property in the vicinity of Northwest Loop 820 and Old Decatur Road (the "Land"), as more specifically described in Exhibit "A", attached hereto and hereby made a part of this Agreement for all purposes, and to relocate Owner's business operations on the Land. The Land is located within that area of the City defined by the Relocation Incentives Policy as Area 1, which qualifies Owner for tax abatement under the Relocation Incentives Policy. E. On March 20, 2012, the City Council adopted Ordinance No. 20113-03-2012 (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 81, City of Fort Worth, Texas (the "Zone"). Page 1 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company „"egostinter. OFFICIAL RECORD CITY SECRETARY , ' 2-12 PO 4 : '16 IN F. On February 1, 2012 Owner submitted an application for tax abatement to the City concerning the contemplated use of the Land (the ' Application"), attached hereto as Exhibit "B" and hereby made a part of this Agreement for all purposes. G. The contemplated use of the Land, the Required Improvements, as defined in Section 1, and the teuiis of this Agreement are consistent with encouraging development of the Zone and generating economic development and increased employment opportunities in the City, in accordance with the purposes for creation of the Zone. H. Written notice that the City intends to enter into this Agreement along with a copy of this Agreement, has been furnished in the manner prescribed by the Code to the presiding officers of the governing bodies of each of the taxing units in which the Land is located. NOW, THEREFORE, the City and Owner, for and in consideration of the teams and conditions set forth herein, do hereby contract, covenant and agree as follows: 1. REQUIRED IMPROVEMENTS AND USE OF LAND BY OWNER . Owner shall construct or cause to be constructed on the Land a new building of at least 26,000 square feet and other site improvement work specified in the Application (collectively the "Required Improvements") in order to relocate Owner's metal recychng business from 601 N. Throckmorton St. to the Land. Once Owner has completed the Required Improvements, Owner shall notify the City in writing. Such written notice must occur on or before December 31, 2013 (the "Completion Deadline '). This written notice shall include a description of any new taxable tangible personal property that was not located in the City prior to the Effective Date of this Agreement and that has been placed on the Land since the Effective Date of this Agreement ("New Personal Property' ). Following receipt of such written notice, the City shall promptly verify whether the Required Improvements have been made and whether the New Personal Property is on the Land. Upon such verification, the City shall provide Owner with written confirmation that the Required Improvements were completed (the date of such written confiiniation being the `Completion Date") and a description of the New Personal Property that has been located on the Land as of the Completion Date. Following the Completion Date and at all times thereafter during the Term of this Agreement, Owner shall use the Land, the Required Improvements and the New Personal Property for the purpose of operating a metal recycling business, as set forth in the Application. The parties hereto agree that such use of the Land is consistent with the general purpose of encouraging redevelopment of the Zone during the Term of this Agreement. 2. ABATEMENT AMOUNTS, TERMS AND CONDITIONS. In return for Owner's construction of the Required Improvements and use of the Land in accordance with Section 1 of this Agreement, the City will grant to Owner property tax abatements on (i) the Land and any improvements thereon and (ii) any New Personal Property annually for a period of eight (8) years, beginning in the first full tax year following the Completion Date (collectively, the "Abatement"). The amount of each annual Abatement granted under this Page 2 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company Agreement shall be (i) seventy-five percent (75%) of the increase in value of the Land and any improvements thereon, and (ii) seventy-five percent (75%) of the increase in value of the New Personal Property over their respective values as of January 1, 2012, which is the year in which the parties entered into this Agreement 3. WAIVER OF CERTAIN FEES. Owner and its contractors will be required to apply for and receive all permits and other licenses and certificates required by the City with respect to construction of the Required Improvements. However, as further consideration for the public purposes that will be achieved from construction of the Required Improvements and use of the Land in accordance with this Agreement, and unless otherwise prohibited by applicable law, ordinance, rule or regulation, the City agrees to waive the following fees related to the Required Improvements that would otherwise be charged by the City at any time from March 20, 2012 to the Completion Deadline: (i) all building permit, plan review, inspection, and re -inspection fees; (ii) all zoning fees (iii) all ordinance inspection fees; (iv) all temporary and permanent encroachment fees; (v) all platting fees; (vi) any expedited zoning process fees; and (vii) all fire, sprinkler and alarm permit fees. All other fees charged or assessed by the City in accordance with federal, state and local laws, ordinances, rules and regulations, including, but not limited to, transportation impact fees and water and sewer impact fees, are not waived hereunder and shall be fully payable by Owner and its contractors. 4. TERM. This Agreement shall take effect on the date as of which both the City and Owner have executed this Agreement and, unless terminated earher in accordance with its terms and conditions, shall expire on December 31 of the eighth (8th) full calendar year following the Completion Date (the "Term"). 5. RECORDS, AUDITS AND EVALUATION OF REQUIRED IMPROVEMENTS. 5.1. Inspection of Property. At mutually agreed -upon times/dates during normal office hours throughout the Term and the year following the Term, and following reasonable notice to Owner, the City shall have and Owner shall provide access to the Land, any improvements thereon, including the Required Improvements and any New Personal Property in order for the City to inspect the Land and evaluate the Required Improvements and the New Personal Property to ensure compliance with the terms and conditions of this Agreement Owner shall cooperate fully with the City during any such inspection and/or evaluation. Notwithstanding the foregoing, Owner shall have the right to require that any representative of the City be escorted by Owner s security personnel while on the Land. Page 3 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company 5.2. Compliance Certification by Owner. On or before March 1 of each year following the year in which the Completion Date occurred, Owner shall submit a written certificate to the City as to whether Owner is in compliance with all terms and conditions of this Agreement. 5.3. Audits. The City shall have the right to audit the financial and business records of Owner and Owner that relate to Owner's construction of the Required Improvements operations (collectively, the ' Records") at any time during the Term and for one (1) year thereafter solely in order to verify that the Land is being used for the commercial purposes set forth in Section 1. Owner shall make all Records available to the City on the Land or at another location in the City following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. This Section 4 3 shall survive the termination or expiration of this Agreement 6. DEFAULT AND TERMINATION. 6.1. Failure to Complete Required Improvements. If Owner fails to notify the City in writing on or before the Completion Deadline that the Required Improvements have been completed or if the City cannot verify that the Required Improvements were completed by the Completion Deadline, the City shall have the right to terminate this Agreement immediately upon provision of written notice to Owner. 6.2. Other Default. An event of default shall occur under this Agreement if (i) the Land is not used for the commercial purposes set forth in Section 1 for more than thirty (30) consecutive calendar days; (ii) ad valorem taxes on the Land, any improvements thereon or any personal property located thereon that are owed to the City by Owner become delinquent and Owner does not timely and properly follow the legal procedures for protest and/or contest of any such ad valorem real property or tangible personal property taxes; or (iii) Owner breaches any other term or condition of this Agreement. If the City detennines that an event of default has occurred pursuant to this Section 6.2, the City shall provide a written notice to Owner that describes the nature of the default. Owner shall have thirty (30) calendar days from the date of receipt of this written notice to fully cure or have cured the default. If Owner reasonably believes that Owner will require additional time to cure the default, Owner shall promptly notify the City in writing, in which case (i) after advising the City Council in an open meeting of Owner's efforts and intent to cure, Owner shall have ninety (90) calendar days from the original date of receipt of the written notice to cure the default, or (ii) if Owner reasonably believes that Owner will require more than ninety (90) days to cure the default, after advising the City Council in Page 4 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company an open meeting of Owner's efforts and intent to cure, such additional time, if any, as may be offered by the City Council in its sole discretion. Notwithstanding anything to the contrary herein, if Owner has been default under this Agreement for failure to use the Land for the commercial purposes set forth in Section 1 for more than thirty (30) consecutive calendar days on two (2) previous occasions during the Term of this Agreement, the City may terminate this Agreement upon provision of written notice to Owner after the third such default without the obligation to provide Owner the right to cure as provided above. In the event this Agreement is terminated pursuant to this Section 6.2, there shall be no recapture of any taxes abated prior to the effective date of termination. 6.3. Termination at Will. Owner may terminate this Agreement at any time by providing written notice of such intent to the City In this event, (i) if the Term has commenced, the Term shall expire as of the effective date of the termination of this Agreement; (ii) there shall be no recapture of any taxes abated prior to the effective date of termination; and (iii) neither party shall have any further rights or obligations hereunder. 6.4. Knowing Employment of Undocumented Workers. Owner acknowledges that the City is required to comply with Chapter 2264 of the Texas Government Code, enacted by House Bill 1196 (80th Texas Legislature), which relates to restrictions on the use of certain public subsidies. Owner hereby certifies that Owner, and any branches, divisions, or departments of Owner, does not and will not knowingly employ an undocumented worker, as that term is defined by Section 2264.001(4) of the Texas Government Code. In the event that Owner, or any branch, division, or department of Owner, is convicted of a violation under 8 U.S.C. Section 1324a(f) (relating to federal criminal penalties and injunctions for a pattern or practice of employing unauthorized aliens), subject to any appellate rights that may lawfully be available to and exercised by Owner, Owner shall repay, within one hundred twenty (120) calendar days following receipt of written demand from the City, the amount of Abatement received by Owner hereunder, if any, plus Simple Interest at a rate of four percent (4%) per annum based on the amount of Abatement received as of December 31 of the tax year in which the Abatement was granted.. For the purposes of this Section 6.4, "Simple Interest" is defined as a rate of interest applied only to an original value, in this case the amount of Abatement. This rate of interest can be applied each year, but will only apply to the amount of the Abatement received and is not applied to interest calculated. For example, if the aggregate amount of Abatement received by Owner is $10,000 and it is required to be paid back with four percent (4%) interest five years later, the total amount would be $10,000 + [5 x ($10,000 x 0 04)], which is $12,000. This Section 6.4 does not apply to convictions of any Affiliate of Owner, any franchisees of Owner, or any person or entity with whom Owner contracts. Notwithstanding anything to the contrary herein, this Section 6.4 shall survive the expiration or termination of this Agreement. Page 5 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company 7. EFFECT OF SALE OF LAND, REOUIRED IMPROVEMENTS AND/OR PERSONAL PROPERTY. The Abatement granted hereunder shall vest only in Owner, and cannot be assigned to a new owner of all or any portion of the Land, the Required Improvements and/or the New Personal Property. 8. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery* City: City of Fort Worth Attn: City Manager 1000 Throckmorton Fort Worth, TX 76102 Owner: with copies to: the City Attorney and Economic/Community Development Director at the same address Commercial Metals Company Attn: Tracy Porter, President of CMC Americas Division 6565 North MacArthur Blvd, Suite 800 Irving, Texas 75039 9. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS; ALL GRANTS SUBJECT TO APPROPRIATION. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers or immunities. Page 6 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company 11. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 12. VENUE AND JURISDICTION. If any action, whether or not real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas 13. NO THIRD PARTY RIGHTS. The provisions of this Agreement are solely for the benefit of the City and Owner, and are not intended to create any rights, contractual or otherwise, in any other person or entity. 14. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. FORCE MAJEURE. It is expressly understood and agreed that if the perfonnance by either party of any obligation hereunder is delayed by reason of Force Majeure, the time period applicable to performance of such obligation shall be extended for a period of time equal to the period of the specific event of Force Majeure. 16. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against either party, regardless of the actual drafter of this Agreement In the event of any conflict between the City's zoning ordinances, or other City ordinances and regulations, and this Agreement, such ordinances or regulations shall control. Page 7 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company 17. BONDHOLDER RIGHTS. The Required Improvements will not be financed by tax increment bonds This Agreement is subject to the rights of holders of outstanding bonds of the City. 18. CONFLICTS OF INTEREST. Neither the Land nor any of the Required Improvements covered by this Agreement are owned or leased by any member of the City Council, any member of the City Plan or Zoning Commission or any member of the governing body of any taxing unit with jurisdiction in the Zone. 19. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 20. ENTIRETY OF AGREEMENT. This Agreement including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the parties hereto as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. This Agreement shall not be amended unless executed in writing by both parties and approved by the City Council. 21. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the later date below: [SIGNATURES IMMEDIATELY FOLLOW ON NEXT TWO PAGES] Page 8 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company CITY OF FORT WORTH: By: Fernando Costa Assistant City Manager Date: /2/ ///dt. ATTEST: By: / r City Secreta STATE OF TEXAS APPROVED AS TO FORM AND LEGALITY: Peter Vaky Deputy City Attorney M & C: C-25475 03-20-12 ,oe,70aavilAh 44 !jailor �dis �VoOp 0 L-C pi ass° 001) Yi, 0 /in 8 Z ei %cb d0000 P4pj 4Z/b raeX PA" COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation organized under the laws of the State of Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the CITY OF FORT WORTH, that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Fort Worth and that he executed the same as the act of the CITY OF FORT WORTH for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7 day of , 2012. I.. a 10 . It. 11 t1.111 n• .rI I 11i et i ..• . ' EVONIA DANIELS *' •'*' MY COMMISSION EXPIRES W • . co •"•" July 10 2013 .7I1a ..• i.147.S S 4-;• .:.; lb. 1 I I •_:r..$r_. •Err Page 9 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX COMMERCIAL METALS COMPANY, a Delaware co timer: Date; '� l2(-7 hY STATE OF 7a<!C) § COUNTY OF:haI f ATTEST: By: iL Assistant General Counsel and Assistant Corporate Secretary BEFORE ME, the undersigned authority, on this day personally appeared , VIP a‘Se* of COMMERCIAL METALS COMAPNY, a Deeawarroration known to me to be the person and officer whose name is subscribed to the � � foregoing instrument, and acknowledged to me that the same was the act of COMMERCIAL METALS COMPANY, and that s/he executed the same as the act of COMMERCIAL METALS COMPANY for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14day of ItCt2xrThC1CI#r) , 2012. fisheanf...Art... Notary Public in and for the State of Texas _ NLLb4e%fl Lai V Notary's Printed Na Page 10 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company . I am Om SO _ - - - — r NO um_ r a - am T • g w DANNA CARY Notary Public, State of Texas My Commission Expires JUNE 18, 2013 — Ikolml•- —Yv w -v V v OFFIC11811_3 RM.'? [27i ©pity rAircTge(i‘;FIRFRARY 1 EXHIBITS "A" — Map and Legal Description of the Land "B" — Relocation Incentives Application "C" — Copy of City of Fort Worth Tax Abatement Policy and Guidelines Including: 4051-12-2011— Relocation Incentive Policy 3390-07-2006 Trinity River Uptown Project Page 11 Tax Abatement Agreement between City of Fort Worth and Commercial Metals Company LEGAL DESCRIPTION OF THE LAND EXHIBIT "A' WHEREAS KEYSTONE EQUITY PARTNERS, LLC. And Thomas B. Blanton are the owners of a tract of land situated in the J.T. Hobbs Survey, Abstract No 806, the C.E.P.I. & M. Co. Survey, Abstract No. 383 and the J Bowman Survey, Abstract No. 80, Tarrant County, Texas and being a portion of tracts B-1 and B-2 as described in Special Warranty Deed to KEYSTONE EQUITY PARTNERS LLC., as recorded in Volume 15441, Page 37 of the Deed Records of Tarrant County, Texas County, Texas and being all of that certain tract of land as described in deed to KEYSTONE EQUITY PARTNERS, LLC., as recorded in County Clerk's Document No. D211270691 and also being a portion of that certain tract of land as described in deed to Thomas B Blanton as recorded in County Clerk's Document No D208415098 of the Deed Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a magnesium nail found at the intersection of the easterly right-of-way of Old Decatur Road (a variable width right-of-way) and the southerly right-of-way line of Interstate Highway 820 (a variable width right-of- way) THENCE South 00 degrees 29 minutes 04 seconds East, (Directional Control Line) departing the southerly righ-of- way of said Interstate 820 and along the easterly right-of-way line of said Old Decatur Road a distance of 312.90 feet to a PK Nail set in asphalt, the POINT OF BEGINNING; THENCE North 89 degrees 30 minutes 56 seconds East, departing the easterly right-of-way line of said Old Decatur Road a distance of 1,311.65 feet to a 5/8 inch iron rod set with "RPLS 5539" cap for a corner on a westerly line of a tract of land as described in deed to Lafarge Midwest, Inc. as recorded in County Clerk's Document No. D200175511 of the Deed Records of Tarrant County, Texas; THENCE South 06 degrees 18 minutes 20 seconds West, along a westerly line of said Lafarge Midwest tract, a distance of 1,134.41 feet to a 5/8 inch rod set with "RPLS 5539" cap for a corner; THENCE North 55 degrees 32 minutes 21 seconds West, along a northerly line of said Lafarge Midwest tract, a distance of 846.61 feet to a 5/8 inch iron rod set with `RPLS 5539' cap for a corner; THENCE South 369 degrees 54 minutes 10 seconds West along a southwesterly line of said Lafarge Midwest tract, a distance of 178.62 feet to a 5/8 inch iron rod set with 'RPLE 5539" cap for a corner; THENCE South 04 degrees 23 minutes 22 seconds East, along a westerly line of said Lafarge Midwest tract, a distance of 467.57 feet to a 5/8 inch iron rod set with "RPLE 5539' cap for a corner; THENCE South 89 degrees 30 minutes 56 seconds West, along the southerly line of the aforementioned Keystone Equity Partners tract and crossing a strip in the aforementioned Thomas B. Blanton tract, a distance of 399.67 feet to a pk nail set in the approximate centerline of the aforementioned Old Decatur Road; THENCE North 00 degrees 29 minutes 04 seconds West, along the approximate centerline of said Old Decatur Road and at a distance of 583.43 feet passing a magnesium nail found and a total distance of 1,244.06 feet to the POINT OF BEGINNING and containing 1,236,145 square feet or 28.378 acres of land, more or less. 6• WATER UNE 4• WATER UNE PROPOSED I SAWA/a S___ -cr 10P OF PROOOSED -� 00YR FLOOD PUYNB' STEEL FENCE WITH MOW STRIP 6' STEEL tnttcr JIG" oPERT' UNE STORM, Mr c— bus tat i _ SEI�I�rtY CA FIRELNE-T _ PM? \ I 1 11111eJIs¢aIIIIIIII EQ!EQUIPMENT Q A--(`000 =(YA% Nf. Iw . TS-X•) PROPOSED STORM SHYER HEADWALL I' 8' STEEL FENCE TOP WITH OF MOW BERM STRIP PROPOSED STORM SEWER PRtlFE 'i6LL STORM SEWER MANHOLE Srlefe PROPOSED SANITARY - __-11ANHOLP-__ 6 SANITARY SEWER LINE M0NTORING tte Cl O %� IDDYR WS UEVATIONm657.00 PROPOSED BORON OF STORM PONDm66290 SEWER HEADWALL DETENTION POND MONRO WELL PROPERTY UNE t�rL -'Tta 8' STEEL FENCE WITH MOW STRIP FERROUS SHEAR/ BALER EOUIWQR (WC HT. OXYGEN�LB TANK MONITORING WEL. PROPOSED RAILROAD SPUR TEMPORARY CHAIN LINK LNCE WIIN YON STRIP IL qAI F TEMPORARY CHAIN UNTO FENCE WITH MOW STRIP 1 1 i MONITORING I WELL\ I I 1 1 I PROPERTY UNE BASED ON PUBLIC RECORDS THE CO TRACTORAND IS RESPONSIBLE FOR LOCATING ALL EXISTING 11TIUTIES BOTH HORIIONTALLY AND VERTICALLY, BEFORE THE COMMENCEMENT OF ANY CONSTRUCTION. 44 IG-TESS OR OTHER UTIUTY ACTIIVRY MJ MOWS ENGINEERRS ! Gab NOT RESPONSIBLE FOR KNOWING ALL EXISTING UTIUTICS OR DEPICTING EXACT LOCATIONS OF UTILITIES ON DRAWINGS. AAIY EXR1ThGU¶Uft-POLES, POWER POLES, GUT WIRES, TELEPHONE U ILFDES. ETC ARC roUND TO BE IN CONFUCT WITH THESE ONSIRUC 10N PLANS, THE CONTRACTOR SHALL CONTACT THE APPROPR A E UTILITY COMPANY AND COORDINATE THE RELOCATION OF ANY/OR ALL SUCH UTILITIES TN0 SPECLAL M)5.�p� �BA,-ANO IS AGENTS, SUB CONTRACTOR/ENGINEER/ URVEYOR ARE COMPLETELY RESPONSIBLE FOR THE VERIFICATION OF THE ACCURACY or THE DIMENSION CONTROL FURNISHED HEREIN. THE OWNER. AND HIS AGENTS, ARE NOT RESPONSIBLE FOR THE ACCURACY OF THE COORDINATES FURNISHED. THE CONTRACTOR IS REQUIRED TO VERIFY ALL OF THE COO INMATES FOR ACCURACY AND CONFIRM THE LOCATIONS OF ALL UTIUTIES TO BE CONSTRUCTED. BOTH HO IIONTALLY AND VERT CALLY. DISCREPANCIES FOUND BY THE CONTRACTOR SHALL BE SPORTED IN WRITING. TO THE OWNER IMMEDIATELY FOR 9;RECON IUATION. 1.[L AR/,CTINCTION METHODS AND MATERIAL SHALL CONFORM TO THE PROJECT SPECIFICATIONS. IN AREAS WHERE PROJECT SP CIFICATIONS 00 NOT COVER THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION AS UBUSHED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) LATEST ADDITION SHALL AP LY. 2 ALL SIDEWALKS SHALL CONFORM 10 THE A.D.A. SPECIFICATIONS AS STATED IN THE TEXAS ACCESSIBIUTY STANDARDS THE CONTRACTOR SHALL BE RESPONSIBLE 10 VERIFY CO4PUANCE D. NO SAND SHALL BE USED UNDER ANY PAVEMENT - NO EXCEPTIONS. E ORHE SITE INCLUDING ANY OFF -SITE AREA THAT 15 DISTURBED BY CONSTRUCTION 4ACTIVITIES, SHALL RECEIVE AT A MINIMUM, HYDRONULCH AND 4 OF TOP -SOIL REFER TO LANDSCAPE. DEMOLITION, GRADING, PAVING, DRAINAGE WATER. SEWER, IRRIGATION AND SEDIMENT CONTROL PLANS 16 DETERMINE ALL UNITS OE DISTURBANCE. CONTRACTOR SHALL PPROOVIIDDEE SOD *5 REQUIRED ELLSSEEWW�HERE IN THE PLANS. TITS CONIL %&?1 1ELTAU. EXISTS SPRINKLER HEWS UNFS ETC. DURING THE DURATION OF CONSTRUCTION. ANY SSI'RINKLJRR UNES,LAH�EAADS, METE VALLES, ETC. THAT ARE DAMAGED R RELOCATED BY CON CTIO SHALL BE REMBETTER NOCOALPAY) WOMINITE WT11INAL 4O WNER N OR LANDSCAPE IRRIGATION PANS SCALE r • 80' a ea Z 5 1- y 5 2 v °K a a % 6 P Q Q ©Q n SHE-, C1.2 i FORT WORTH Ftelezzliccwil EXHIBIT "B" ncentFY l ! n. I l 9 Housing and Economic Development 1000 Throckmorton Street Fort Worth, Texas 76102 (817) 392.7540 _ Relocation Incentives Application_ General Information Date Feb 1, 2012 1. Application Information: Company Name Commercial Metals Company Company Address 6565 N. MacArthur Blvd. Suite 800 City Irving State TX Zip 75039 Contact Person Russell Reinhard Title/Position Project Manager Telephone Number 830-372-8389 Ext. - Mobile Telephone Number 830-305-5469 Fax Number 830-372-8770 E-Mail Address russell.reinhard@cmc.com 2. New Location of Business: Address/Location Intersection of Loop 820 and Old Decatur Road (probable Zipcode 76106) 3. Development requests that will be sought for the protect (select all that apply): r7 Replat El Rezoning Variances d ■ Current Zoning PDK If yes, please describe Downtown Design Review Board Landmark Commission Requested Zoning N/A 4. Incentive(s) Requested by Area (Please Refer to the Attached Relocation Incentives Policy and Mao to Select the Appropriate Area and Incentives: Area 3: Area 2: [] Expedited Plan Review Expedited Zoning Process [I 3-year 25% Tax Abatement ■ Expedited Plan Review Expedited Zoning Process 4-year 50% Tax Abatement Release of Certain Liens, please specify Waiver of the Following Development Department Fees, Please select the fees: El Building Permit [] Zoning Platting Ordinance Inspection ❑ Encroachment ❑ Expedited Zoning [] Fire, Sprinkler, Alarm Permit Area 1: 12 ■ Expedited Plan Review ✓ Expedited Zoning Process ✓ 8-year 75% Tax Abatement Release of Certain Liens, please specify Waiver of the Following Development Department Fees, Please select the fees: Building Permit ig Zoning C Platting n Ordinance Inspection 12 Fire, Sprinkler, Alarm Permit Encroachment Expedited Zoning Page2of3 Business /nformation 5. Business Description: A. Please provide a brief description of the business Commercial Metals Company is a metals business. Commercial Metals Company Recycling is a metals recycler that purchases ferrous and non-ferrous scrap metals from the public and industry, and processes it by cutting and compacting so that is usable by downstream manufacturing customers R. Real Estate Development Real Property: Size 26,965 SF Cost of Construction $ 1,600,000 2. Site Development (parking, fencing, landscaping, etc.): Type of Work to be done Utilities, parking, paving, railroad spur, fences, drainage, landscaping Cost of Site Development $ 4,700,000 C. Personal Property New Personal Property: Cost of Equipment, Machinery, Furnishing, etc. $ 1,800,000 Purchase or Lease - Purchase lJl cln sure s 6. Is any person or firm receivina any form of compensation. commission or other monetary benefit based on the level of incentive obtained by the applicant from the City of Fort Worth? If yes, please explain and /or attach details. No 7. Please provide the followina information as attachments: a.) Attach a site plan of the project. b.) Attach a legal description or surveyor's certified metes & bounds description. c.) Attach a copy of the most recent property tax statement from the appropriate appraisal district for all parcels involved in the project. On behalf of the applicant, I certify the information contained in this application, including all attachments to be true and correct. I further certify that, on behalf of the applicant, I have read the current Incentive Policy and all other pertinent City of Fort Worth policies and I agree with the guidelines and criteria state therein. Printed Name Russell ' =.. hard Signature Title Project Manager Date 2-1-12 Page 3of3 EXHIBIT "C" A Resolution NO. 4051-12-2011 READOPTING THE RELOCATION INCENTIVES POLICY FOR BUSINESSES DISPLACED BY MAJOR PUBLIC INFRASTRUCTURE PROJECTS WHEREAS pursuant to M&C G-15045, approved by the City Council on December 20, 2005, the City Council adopted a Relocation Incentives Policy for businesses displaced by major infrastructure projects, such as the Trinity River Uptown Project and the Southwest Parkway (SH-121T) Project; and WHEREAS, the Relocation Incentives Policy provides for tax abatement, various fee waivers and other incentives to certain businesses displaced by major infrastructure projects if those businesses relocate their facilities and operations to areas of the City targeted by the City Council for development or redevelopment; and WHEREAS, the Relocation Incentives Policy has helped the City retain businesses that might otherwise have located outside the City or otherwise faced additional hardship due to displacement by major infrastructure projects; and WHEREAS, Chapter 312 of the Texas Tax Code provides that a policy pursuant to which a municipality offers tax abatement is effective only for two (2) years from the date that the policy was adopted; and WHEREAS, accordingly, the ability of the City to offer tax abatement as an incentive under the Relocation Incentives Policy will expire on December 14, 2011 unless the Relocation Incentives Policy is readopted; WHEREAS the City Council wishes to continue the offering of tax abatement as an incentive for businesses displaced by major infrastructure projects in accordance with the current Relocation Incentives Policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. THAT the City hereby elects to be eligible to participate in tax abatement in accordance with Chapter 312 of the Texas Tax Code. 1 or Resolution No. 4051-12-2011 2. THAT the Relocation Incentives Policy attached hereto is hereby readopted and that the provisions relating to tax abatement therein shall be effective from December 15, 2011 through December 15, 2013, unless earlier amended or repealed by a vote of at least three -fourths (3/4) of the members of the City Council. 3. THAT notwithstanding the provisions of any previous Resolution adopted by the City Council, (i) this Relocation Incentives Policy, as it may subsequently be amended, will expressly govern all tax abatement agreements with persons or entities qualifying for abatement hereunder; (ii) the General Tax Abatement Policy adopted by the City Council pursuant to Resolution No. 3363-06-2006, as previously amended and as it may subsequently be amended will expressly govern all tax abatement agreements with persons or entities qualifying for abatement thereunder; and (iii) the Neighborhood Empowerment Zone Tax Abatement Policy adopted by the City Council pursuant to Resolution No. 3487 05-2007, as it may subsequently be amended will expressly govern all tax abatement agreements with persons or entities qualifying for abatement thereunder. ADOPTED this 6th day of December, 2011. ATTEST: By: Rdnald P. Gonzales, Ass i t City Secretary CITY OF FORT WORTH RELOCATION INCENTIVES POLICY & GUIDELINES FOR OUALIFYING BUSINESSES AFFECTED BY PUBLIC INFRASTRUCTURE PROJECTS Effective December 15, 2011 — December 15, 2013 1. GENERAL PURPOSE AND OBJECTIVES The City of Fort Worth ("City") values the many businesses that comprise the fabric of Fort Worth's business community and which provide for the creation of new jobs and lead to positive economic growth and stabilization. As a result, in accordance with the provisions and conditions of this policy statement (` Policy"), the City will, on a case -by -case basis, consider the granting of incentives for businesses that are displaced and must relocate as a result of an eminent domain, or condemnation action filed by the City or another public agency on account of a public infrastructure project that is designated by resolution of the City Council as a "Major Public Infrastructure Project" in an effort to retain those businesses in the City. The City acknowledges that different areas of the City face varying degrees of challenges in attracting private sector capital for quality business development Therefore, the City has designed this Policy to provide greater assistance to businesses relocating in areas of the City where private investment and market activity has lagged behind other areas of the City. (See Exhibit A). 2. INCENTIVES AVAILABLE Any business that is displaced and must relocate as a result on an eminent domain, or condemnation, action filed by the City or another public agency on account of a public infrastructure project that is designated by resolution of the City Council as a "Major Public Infrastructure Project will qualify under this Policy for the following list of incentives as applicable, if that business relocates to a location within the corporate limits of the City. The City Council shall have sole and final authority to determine the applicability of this Policy, including, but not limited to, whether a particular operation is a "business' within the meaning and intent of this Policy and whether a given Major Public Infrastructure Project will, in fact, displace the business. A business must complete and submit a relocation incentive application with the City of Fort Worth's Housing and Economic Development Department prior to locating to a new location in order to qualify for these incentives. Incentives for Relocating within Area I (as applicable) 1. Waiver of the development fees outlined below: a. building permit (including fees for inspection); b. zoning fee (required for zoning changes); c. ordinance inspection fee (all trades); d. temporary and permanent encroachment fees (up to 90-days); e. platting fees expedited zoning process tee; and g. fire, sprinkler, and alarm permit fees; 2. Release of certain liens such as weed, demolition, board-up/open structure, and paving; 3. Expedited plan review (through the City contracted plan review service); 4. Expedited Zoning process; and 5. Eight -year, 75% tax abatement on new real and new personal property investment for businesses that purchase real property within the Central City Target Area and make improvements on that property, and otherwise in accordance with state law. Incentives for Relocating within Area 2 (as applicable) 1. Waiver of the development fees outlined below: a. building permit (including fees for inspection); b. zoning fee (required for zoning changes); c. ordinance inspection fee (all trades); d. temporary and permanent encroachment fees (up to 45-days); e. platting fees f. expedited zoning process fee; and g. fire, sprinkler, and alarm permit fees; 2. Release of certain liens such as weed, demolition, board-up/open structure, and paving; 3. Expedited plan review (through the City contracted plan review service); 4. Expedited Zoning process; and 5. Four-year, 50% tax abatement on new real and new personal property investment for businesses that purchase real property within the Central City (but outside the Central City Target Area) and make improvements on that property and otherwise in accordance with State Law. • Incentives for Relocating within Area 3 (as applicable) 1. Expedited plan review (through the City contracted plan review service); and. 2. Expedited Zoning process (if fee paid) 3. Three-year 25% tax abatement on new real and new personal property investment for businesses that purchase real property in the City (but outside the Central City) and make improvements on that property, and otherwise in accordance with state law. 3. CONTACT INFORMATION For more information about this program, contact the City of Fort Worth's Housing and Economic Development Department at 817-392-7540 4 3 • Legend A Area 1 Area 2 Area 3 EXHIBIT "A" • EQQRTH City of Fort Worth Housing and Economic Development Department Relocation Incentives Policy Map 11/03/2011 • -44 City of Fort Worth, Texas Mayor and Council Communication atai QQGNCIL ACTION: Approved on 1W6/2O1_'[ ,Resolutii h NO;! ar1-12 2t DATE: Tuesday, December 06, 2011 LOG NAME: 17RELORENEW2011 SUBJECT: Adopt Resolution Readopting the Relocation Incentives Policy for Businesses Displaced by Major Infrastructure Projects in the City (ALL COUNCIL DISTRICTS) REFERENCE NO.: G-17459 RECOMMENDATION: It is recommended that the City Council adopt a resolution readopting the Relocation Incentives Policy for businesses displaced by Major Infrastructure Projects in the City. DISCUSSION: Businesses from time to time may be required to relocate from their current locations due to Major Infrastructure Projects in the City, such as the Trinity River Uptown Project and the Southwest Parkway (SH-121T) Project. On December 20, 2005, the City Council adopted the initial Relocation Incentives Policy creating a set of relocation incentives including tax abatement and development fee waivers, to be available to such businesses in an effort to retain the businesses in the City (M&C G-15045). Each request for tax abatement incentives under the policy requires approval from the City Council. In order for a business to be eligible under this policy, the City Council must first pass a resolution designating the public infrastructure project impacting the business as a Major Public Infrastructure Project which will then allow for the use of available relocation incentives. Under State law, policies pursuant to which a municipality offers tax abatements expire after two years. Adoption of the attached Resolution will readopt the Relocation Incentives Policy for another two years, expiring on December 15, 2013. There are no proposed changes from the previous Relocation Incentive Policy. City Staff recommends that the City Council readopt this Policy to provide greater assistance to displaced businesses relocating in areas of the City where private investment and market activity has lagged behind other areas of the City Specifically, it is the objective of this Policy that the City's strategic investment of its incentive resources improve Fort Worth's entire portfolio of diverse community assets. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers Logname. 1 7RELORENEW20 1 1 Page 1 of 2 Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Jay Chapa (5804) Robert Sturns (8003) Ana Alvarado (2661) Logname: 17RELORENEW2011 Page 2 of 2 EMEM PI I A Resolution NO. 3390-01-2006 DECLARING THE TRINITY RIVER UPTOWN PROJECT AS A MAJOR PUBLIC INFRASTRUCTURE PROJECT AS DEFINED IN THE CITY OF FORT WORTH'S RELOCATION INCENTIVES POLICY WHEREAS the City Council of the City of Fort Worth (the "City Council") previously adopted M & C No. 15045, establishing a Relocation Incentives Policy and Guidelines for Qualifying Businesses Affected by Public Infrastructure Projects (the "Policy"); and WHEREAS, the intent of the Policy is to retain businesses that must relocate as a result of Major Public Infrastructure Projects within the city; and WHEREAS, the Policy requires that the City Council specifically designate all projects that are deemed major public infrastructure projects as such in order for displaced businesses to qualify for incentives; and WHEREAS, the types and value of the incentives provided through the Policy depend on the geographic location of the relocation of a displaced business; and WHEREAS, each business must apply for the desired relocation incentives outlined in the Policy through the Economic and Community Development Department of the City of Fort Worth and ultimately be approved by the City Council; and WHEREAS, the property acquisition program that will be implemented by Tarrant Regional Water District in order to construct a hydraulic dam, a bypass channel and other infrastructure on and in the vicinity of the Trinity River, as substantially depicted on the map attached hereto (the ` Trinity River Uptown Project") will displace certain businesses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: The Trinity River Uptown Project is hereby designated a Major Public Infrastructure Project for purposes of the Policy. AND IT IS SO RESOLVED. ADOPTED this 18`h day of July 2006. env or r 111701t11311 Resolution No. 3390-07-2006 ATTEST: Marty Henffrix, City Secr-tary APPROVED CITY COUNCIL JUL 1 8 2006 City Secretary of the City of Fort Worth, Texas i" t or rent WOW= 'f T tdN %A:4 air a'—3 Nik &ALI doY i"Pa ►_ - --11J. • n• . ._.. Legend Preliminary Bypass Channel ap Preliminary Interior V1/ator Feature t» Preliminary Road Improvements Mil Preliminary Extent of FIII for Bypass Channel Ownership Private City of Fort Worth Tarrant Regional Wator District Tarrant County Vitt •. 1, ' \ I 1 ."?'1 4;110 1 41 • FORT WORTH April :0,2005 .Ar.r.�r..-' ♦e <t\efri* r r US Army Corp of entyneon ron worth Ctgntf IV a easseir WK1 SettWeme...`t .- • • •I•j :• • ••• • zcrIllip-.1-.(•. This map is a preliminary conceptual plan for discussion purposes only, and is subject to change without notice. Accordingly, no reliance should be made upon the matters depicted thereon, and no representations of any kind are made thereby. Notice is further hereby given that certain aspects of the information and depictions within said map were obtained from official governmental records or other sources without verification. al I 1 rial City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/18/2006 - Resolutio No. 3390-07-2006 DATE: Tuesday, July 18, 2006 LOG NAME: 17MPIPTRV REFERENCE NO.: G-15298 SUBJECT: Adopt Resolution Declaring the Trinity River Uptown Project as a Major Public Infrastructure Project as Defined in the City of Fort Worth's Relocation Incentives Policy RECOMMENDATION: It is recommended that the City Council adopt the attached resolution declaring the Trinity River Uptown Project as a Major Public Infrastructure Project as defined in the City of Fort Worth's Relocation Incentives Policy. DISCUSSION: On December 20, 2005, (M&C G-15045) the City Council adopted a Relocation Incentives Policy to provide greater assistance to businesses that are required to relocate as a result of a Major Public Infrastructure Project. As outlined in the Policy, the City Council must specifically designate all projects that are deemed Major Public Infrastructure Projects in order for displaced businesses to qualify for incentives. All incentives to be provided to impacted businesses will require approval of the City Council. The attached resolution designates the Trinity River Uptown Project as a Major Public Infrastructure Project The Trinity River Uptown Project comprises the property acquisition program that will be implemented by the Tarrant Regional Water District in order to construct a hydraulic dam, a bypass channel and other infrastructure on and in the vicinity of the Trinity River as substantially depicted on the map attached to the proposed resolution. Adoption of this resolution will allow City Staff to begin processing applications for incentives under the Relocation Incentives Policy for businesses forced to relocate because of the project. The properties involved in this relocation are located in COUNCIL DISTRICTS 2 and 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manager's Office by: Oriainatina Department Head: Additional Information Contact: Dale Fisseler (6140) Tom Higgins (6192) Robert Sturns (8634) Logname: 17MPIPTRV Page 1 of 1 M&C Review Page 1 of 2 DATE: CODE: SUBJECT: UNCIL ' GENDA COUNCIL ACTION: Approved on 3/20/2012 Official site of the City of Fort Worth, Texas FORTWORrir Thar — CONTINUED FROM A PREVIOUS WEEK 3/6/2012 REFERENCE NO : C 25475 LOG NAME: 17RTACMC TYPE: NON -CONSENT PUBLIC NO HEARING: Authorize Execution of a Tax Abatement Agreement with Commercial Metals Company for the Construction of a Metal Recycling Facility and Various Other Commitments on Property Located in the Vicinity of Northwest Loop 820 and Old Decatur Road and Waive Certain Related Development Fees Pursuant to the City of Fort Worth's Relocation Incentives Policy (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Tax Abatement Agreement pursuant to the City of Fort Worth's Relocation Incentives Policy with Commercial Metals Company for the construction of a metal recycling facility and various other commitments on property located in the vicinity of Northwest Loop 820 and Old Decatur Road; and 2. Approve the waiver of certain related development fees pursuant to the City of Fort Worth's Relocation Incentives Policy. DISCUSSION: Commercial Metals Company is located at 601 N. Throckmorton Street and is being displaced due to the Trinity River Uptown Project. As a result of the displacement, the company is considering a relocation to property in the vicinity of Northwest Loop 820 and Old Decatur Road, where it will construct a new 26,965 square foot metal recycling facility. Under the City of Fort Worth's (City) Relocation Incentives Policy, which most recently was readopted by the City Council on December 6 2011 pursuant to Resolution No. 4051-12-2011 (the Policy), a business that is displaced due to a Major Public Infrastructure Project and which relocates to one of three target areas outlined in the Policy is eligible to receive certain incentives, including tax abatement and certain development fee waivers. Pursuant to Resolution No. 3390-07-2006, the City Council has designated the Trinity River Uptown Project as a Major Public Infrastructure Project for purposes of the Policy. Commercial Metals Company is proposing new capital investment of $6,300,000.00 to develop the new, site with an additional $1,800 000.00 in new tangible business personal property to be located at the facility. To facilitate the development, Commercial Metals has applied for incentives under the City s Relocation Incentives Policy. The property that Commercial Metals is considering is located within the portion of the City defined by the Policy as Area 1. In accordance with the Relocation Incentives Policy, City Staff recommends that the City Council authorize execution of a Tax Abatement Agreement with Commercial Metals Company granting an eight -year tax maximum 75 percent abatement on real and personal property at the site. The term of the abatement will begin on January 1st of the year following the calendar year in which the required improvements are completed. The projected value of the tax abatement over the term is approximately $415,000.00. In addition the City will agree to waive the following fees related to the development: (i) building permit (including fees for inspection); (ii) zoning fees (iii) ordinance inspection fees; (iv) temporary and permanent encroachment fees (v) platting fees; (vi) expedited zoning process fee and (vii) all fire, http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16496&councildate=3/20/2012 3/21/2012 M&C Review Page 2 of 2 sprinkler and alarm permit fees that would be charged up until issuance of a final certificate of occupancy. All other fees charged or assessed by the City, including, but not limited to, transportation impact fees and water and sewer impact fees are not waived by this Agreement and will be fully payable. 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 Citv Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Jay Chapa (5804) Additional Information Contact: Robert Sturns (8003) ATTACHMENTS CMC Iocation.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=16496&councildate=3/20/2012 3/21/2012