HomeMy WebLinkAboutOrdinance 11224ORDINANCE NO. 1
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED, BY DESIGNATING LOT 2-R-1, BLOCK 24, JENNING'S
SOUTH ADDITION AS THE FORT WORTH TAX ABATEMENT REINVESTMENT
ZONE NO 11, PROVIDED THAT THIS ORDINANCE SHALL BE CUMULATIVE,
PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR ENGROSSMENT AND
ENROLLMENT, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Fort Worth, Texas ("City"),
desires to promote the development or redevelopment of a certain contiguous
geographic area within its jurisdiction by the creation of a reinvestment zone for
commercial/industrial tax abatement, as authorized by the Property
Redevelopment and Tax Abatement Act, V T C.A., Tax Code, Chapter 312, as
amended, and
WHEREAS, the City Council has elected by City Resolution No 1401
to become eligible to participate in tax abatement; and
WHEREAS, the Property Redevelopment and Tax Abatement Act
further provides that property within a reinvestment zone may be eligible for,
inter alia, commercial/industrial tax abatement, subject to the governing body of
the municipality establishing by resolution the requirements for such eligibility
and entering into a written tax abatement agreement with the owner of taxable
real property that is located iri the reinvestment zone, and
WHEREAS, a public hearing iri a regularly scheduled meeting before
the City Council was held at 10 00 a.m. on the 8th day of December, 1992, such
date being at least seven (7) days after the date of publication of the notice of
such public hearing as required by the Tax Code, and
WHEREAS, notice of the public hearing was delivered to the
presiding of$cer of the governing body of each affected taxing unit at least seven
(7) days before the date of the public hearing, and
WHEREAS, the City, at such hearing, invited all interested persons
or their representatives to appear and speak for or against the creation of the
proposed reinvestment zone, the boundaries of the proposed reinvestment zone,
whether all .or part of the territory described iri this ordinance should be included
in such proposed reinvestment zone, and the concept of tax abatement,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
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SECTION 1.
That the Code of the City of Fort Worth, Texas, (1986) as amended, is
hereby amended by adding to Chapter 32, Taxation, Article III, a new Division 11,
entitled Tax Abatement Reinvestment Zone No 11, which shall read as follows.
DIVISION 11. TAX ABATEMENT REINVESTMENT ZONE NO. 11
Section 32-39 10 Findings and Determinations
The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct. The City, after conducting
such hearings and having heard such evidence and testimony, has made the
following findings and determinations based on the testimony and evidence
presented to it:
(a) That a public hearing on the designation of Tax Abatement
Reinvestment Zone No 11 has been properly called, held and
conducted and that notices of such hearing have been
published as required by law and delivered to all taxing units
overlapping the territory inside the proposed reinvestment
zone, and
(b) That the boundaries of the reinvestment zone shall be the
boundaries as described fn Exhibit "A" which is attached
hereto and made a part hereof, and
(c) That the creation of the reinvestment zone for
commercial/industrial tax abatement, with boundaries as
described in Exhibit "A", and the improvements sought are
feasible and practical and, will be a benefit to the land
included in the zone and to the City after the expiration of any
Tax Abatement Agreement entered into under V T C.A., Tax
Code, Section 312.204, and
(d) That the reinvestment zone as described iri Exhibit "A" meets ,
the criteria for the creation of a reinvestment zone as set forth
in V T C.A. Tax Code, Section 312.202, as amended, in that it
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
-2-
Section 32-39 11 Designation of Zone.
Pursuant to the Property Redevelopment and Tax Abatement Act,
~T T C.A., Tax Code, Sections 312 001 through 312 209, the City hereby creates a
reinvestment zone for commercial/industrial tax abatement encompassing the
area described in Exhibit "A" attached hereto and such reinvestment zone is
hereby designated and shall hereafter be .designated as Tax Abatement
Reinvestment Zone No 11, City of Fort Worth, Texas The designation of this
zone expires 5 years after the effective date of this division and may be renewed
for periods not to exceed 5 years
Section 32-39 12 Effective Date
This division shall take effect on December 8, 1992
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances
and of the Code of the City of Fort Worth, Texas (1986 ), as amended, except
where the provisions of this ordinance are in direct conflict with the provisions of
such ordinances and such Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional by the valid judgement or decree of
any court of competent jurisdiction, such unconstitutionality shall not affect any
of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without
the incorporation iri this ordinance of any such unconstitutional phrase, clause,
sentence, paragraph or section
SECTION 4.
The City Secretary of the City of Fort Worth is hereby directed to
engross and enroll this ordinance by copying the caption and effective date iri the
minutes of the City Council and by filing the ordinance in the ordinance records
of the City
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SECTION 5<
This ordinance shall take effect and be in full force and effect from
and after its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
~~~C ATTO Y
DATE 12- / ~ 9L.
ADOPTED ,~~~-"~1~
EFFECTTVE• /~-'~' ~~
-4-
:a f". EXH I B I T "A"
Page 1 of 2
Being a portion of Lot 2-R, Block 24, JENNING'S SOUTH
ADDITION, to the City of Fort Worth, Tarrant County, Texas,
according to the plat recorded in Volume 388-120, Page 72,
Plat Records, Tarrant County, Texas; Together with a portion
of Lot 1R, Block 25, HYDE JENNINGS SUBDIVISION, to the City of
Fort Worth, Tarrant County, Texas, according to the plat
recorded in Volume 388-144, Page 28, Plat Records, Tarrant
County, Texas, Together with Lots 5 thru 11, and a portion of
Lot 12., Block Z'S, and Lots 1 thru 9, & 11 thru 16., Block 30,
HYDE JENNINGS SUBDIVISION of Block 25, 29 and 30, JENNINGS
SOUTH ADDITION to the City of Fort Worth, Tarrant County,
Texas, according to the Plat recorded in Volume 106, Page 62,
Plat Records, Tarrant County, Texas, Together with South Lake
Street, a portion of West Broadway Street and a portion of a
24 feet wide alley as closed by City Ordinance, and being
described as one tract by metes and bounds as fellows:
BEGINNING at a 1/2" iron pin found at the+ intersection of the r~
west line of South Lake Street with the north line of West
Peter Bmith Street for the southeast of said Lot 8, Block 30,
HYDE JENNINGS SUBDIVISION;
THENCE North 89 degrees 48 minutes 19 seconds West a distance
of 188.'03 feet along the north line of West Peter Smith Street
to the east line of a 24 feet wide alley and the~southwesC
corner of said Lot 8;
THENCE North 0 degrees 03 minutes 54 seconds East a
distance of 103 06 feet along the east line of said alley to a
1/2" iron pin set for the southwest corner of said Lot 6,
Block 30, HYDE JENNINGS SUBDIVISION;
THENCE North 89 degrees 52 minutes 50 seconds West a distance
of 211 88 feet to a Bois D'arc Stake found in the east line of
Ballinger Street for the southwest corner of Lot 11, Block 30,
HYDE JENNINGS SUBDIVISION;
THENCE North 0 degrees 04 minutes 11 seconds East a distance
of 339 91 feet along said east line to an "X" found cut in
concrete for the southwest corner of Lot 9, Block 25, HYDE
JENNINGS SUBDIVISION;
THENCE North 0 degrees 02 minutes 27 seconds East a distance
of 168.09 feet along the east line of Ballinger Street to a
1/2" iron pin found for the southwest corner of Lot 1R, Block
25, HYDE JENNINGS SUBDIVISION;
THENCE NORT1: a dista^.c~ cf X18.30 feet, continuing a? eng the
east line of Ballinger Street and the west line of said Block
25 to a 5/8" iron pin found for the most westerly northwest
corner of Lot 1R;
TIiENCE North 56 degrees 38 minutes 25 seconds East a distance
of 192 53 feet along the northwesterly line of Got 1R to a
1/2" iron pin found in the progosed south right-of-way of
Interstate Highway 30, said pin lying in a curve, concave to
the south, having a radius of 384 74 feet and a chord which
bears 97.05 feet, South 77 degrees 21 minutes 30 seconds East;
b
EXHIBIT "A"
rage 2 of 2
THENCE Easterly along said curve, and along said proposed
right-of-way, passing through a central angle of 14 degrees 24
minutes 32 seconds for a distance of 97 3~. feet to a 1/2" iron
pin found for the end of ;said curve; "~
THENCE the following courses and distances along the proposed
south right-of-way of Interstate Highway 30:
South 70 degrees 06 minutes 51 seconds East a distance of
153 61 feet to a 1/2" iron pin found in the west line of
South Lake Street and in the east line of said Lot 1R;
South 69 degrees 31 minutes 49 seconds East a distance of
64 51 feet to a "Y" found cut in concrete in the east line
of South Lake Street and in the west line of Lot 2-R,
Block 24, JENNING'S SOUTH ADDITION „
So~ith 69 degrees 55 minutes 44 seconds East a distance of
164 06 feet to a "Y" found cttt in concrete,
South 89 degrees 57 m9.iiutes 18 seconds East~a distance of
100 00 feet to a Texan Highway Department monument found
i.n the east line of said Lot 2-R;
THENCE South 0 degrees 13 minutes 32 seconds West a distance
of 171 13 feet along the most easterly line of Lo•t 2-R to an
"X" cut in concrete in the north line of West Broadway Street;
THENCE North 89 degrees 50 minutes 02 seconds West a distance
of 42 00 feet along the north line of West Broadway Street to
a "Y" found cut in concrete for a corner of Lot 2-R in the
west line of Bradner Avenue;
THENCE South 0 degrees 09 minutes 58 seconds West a distance
of 429 86 feet along an east line of Lot 2-R and along the
west line of Bradner. Avenue to a "Y" found cut in concrete for
the southeast corner of Lo{t 2-R in the north line of West
Peter Smith Street (as ded:tcated in plat recorded in Volume
388-120, Page 72, Plat Records, Tarrant County, Texas),
THENCE South 89 degrees 51 minutes 17 seconds West a distance
of 212 12 Eeet along said cledicated north line of West Peter
Smith Street to a "Y" found cut in concrete in the east line
of South Lakp Street for tl;ie southwest corner of Lot 2-R;
THENCE South 85 degrees 36 minutes 34 seconds West a distance
of 59 37 feet to a 1/2" iron pin set with cap marked "AREA
SURVEYING" in the west line of South Lake Street,
THENCE South 0 degrees O1 minutes 48 seconds West a distance
of 9 00 feet along the west line of South Lake Street to the
POINT OE BEGINNING, said described tract containing 10.28
acres of land
city of
Mayor and
TC~orth, Texas
Communication
DATE REFERENCE NUMBER 'il LOG NAME PAGE
12/08/92 G~; 9960 02DESG11 1 of 1
SUBJECT PUBLIC HEARING AND ORDINAN CE DESIGNATING THE FORT WORTH TAX ABATEMENT
REINVESTMENT ZONE N0. 11 ~`
RECOMMENDATION:
~
It is recommended that the City Co
'Iuncil take the following action:
1. Hold a public hearing concerning designation of the Fort Worth Tax Abatement
Reinvestment Zone No. 11, and~ll
2. Adopt the attached ordinance which designates the Fort Worth Tax Abatement
Reinvestment Zone No. 11 puErsuant to Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Sections 312.001 through 312.209, as amended.
~~
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DISCUSSION:
The site of the proposed zone is the Dannon property on West Peter Smith Street.
Consideration of this issue as a pairt of today's agenda serves as a public hearing on
the designation of a reinvestment -none as required by the Property Redevelopment and
Tax Abatement Act. Notice of this''i~~public hearing was published in the newspaper and
delivered to the presiding officer',of the governing body of each affected taxing unit
at least 7 days prior to this meeting as required by state law.
The proposed area meets the criter'~ia for the designation of a reinvestment zone, as
required by the Tax Code, in that 'the area is reasonably likely, as a result of the y
designation, to contribute to the r,~etention 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. In addition, the
improvements sought in the zone are"feasible and practical and would be a benefit to
the land to be included in the zone~~,~and to the city after any tax abatement agreements
which may be entered in accordance '`with state law have expired.
a
i
The designation of a reinvestment :one expires after 5 years and may be renewed for
periods not to exceed 5 years. ~,I
I
The Code requires a city to design~"te a zone prior to entering into a tax abatement
agreement.
BT:j
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to i~
'~I APPROVED
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