HomeMy WebLinkAboutOrdinance 10936• •
ORDINANCE NO. ~~~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED, BY DESIGNATING A CERTAIN AREA NORTH OF
WESTERN CENTER BOULEVARD AND WEST OF INTERSTATE 35W AS THE FORT
WORTH TAX ABATEMENT REINVESTMENT ZONE NO. 9; 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 in the reinvestment zone; and
WHEREAS, a public hearing in a regularly scheduled
meeting before the City Council was held at 10:00 a m. on the
15th day of October, 1991, 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 officer 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 in 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 C I TY OF FORT WORTH , TEXAS • A~,A~ i
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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 9, entitled Tax Abatement Reinvest-
ment Zone No 9, which shall read as follows.
DIVISION 9 TAX ABATEMENT REINVESTMENT ZONE NO 9
Section 32-39 7 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 9 has been
properly called, held and conducted and that
notices of such hearings 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 in 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 in 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
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Section 32-39 8. Designation of Zone
Pursuant to the Property Redevelopment and Tax
Abatement Act, V 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 9, 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 9 Effective Date
This division shall take effect on October 15, 1991
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
in 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 in 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:
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CITY ATTORNEY q
DATE • d_o _ ~ ~ _ t l
ADOPTED ~F)''~~~~
EFFECTIVE
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EXHIBIT "A"
LEGAL DESCRIPTION
Being a tract of land in the,'Nilly Gilbert Survey, Abstract No. 565, the A. Smith Survey,
Abstract No. 1417 and the Heirs of William Smith Survey, Abstract No. 1418 and being a
portion of Lot 1R1, Block I of Western Technical and Management Center, an addition to
the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-143, Pages 94
and 95 of the Plat Records of Tarrant County, Texas and being more particularly
described as follows:
BEGINNING at a Texas Highway Department Monument found in the west right-of-way
line of Interstate Highway I-35W (Right-Of-Way varies) and being in the north survey line
of said Milly Gilbert Survey and being the northeast corner of said Lot IRI, Block I;
THENCE, along the east line of said Lot 1 R I, Block I and the west right-of-way line of
Interstate Highway I-35W; South 09 degrees 12 minutes 22 seconds East, 440.12 feet to a
Texas Highway Department Monument;
THENCE, South 31 degrees 37 minutes 25 seconds East continuing along said west right-
of-way line 619.12 feet to a '~" iron rod set at the POINT OF CURVATURE of a circular
curve to the right having a central angle of 21 degrees 31 minutes 45 seconds, a radius of
1,401.20 feet and a chord bearing of South 20 degrees 51 minutes 32 seconds East, 523.42
feet;
THENCE, along said curve and right-of-way line in a southerly direction 526.51 feet to a
Yz" iron rod set at the POINT OF TANGENCY:
THENCE, South 10 degrees OS minutes 40 seconds East along said west right-of-way line
843.96 feet to a Sri" iron rod set at the POINT OF CURVATURE of n~circular curve to the
right having a central angle of 07 degrees 55 minutes 14 seconds, a radius of 2,495.53 feet
and a chord bearing of South 06 degrees 08 minutes 03 seconds east, 344.71 feet;
THENCE, along said curve and said west right-of-way line 344.98 feet to a 'h" iron rod at
the POINT OF REVERSE CURVATURE of a circular curve to the left having a central
angle of 08 degrees 02 mintues 42 seconds, a radius of 2,455.53 feet and a chord bearing
of South 06 degrees I I minutes 47 seconds East, 344.50 feet;
THENCE, along said curve and west right-of-way line 344.78 feet to a ~i" iron rod set;
THENCE South 34 degrees 25 minutes 24 seconds West, 3.43 feet to a Texas Highway
Department Monument;
THENCE South 10 degrees 03 minutes 10 seconds East continuing along said west right-of-
way line (,206.55 feet to a 'fi" iron rod set, at the POINT OF CURVATURE of a circular
curve to the right having a central angle of 70 degrees 56 minutes OI seconds, a radius of
80.00 feet and a chord bearing of South 57 degrees 10 minutes 30 seconds West, 92.84
feet;
THENCE, along said curve in a southwesterly direction 99.06 feet to a S4" iron rod set in
the north right-0f-way line of Western Center Boulevard;
THENCE, along the north right-of-way of Western Center Boulevard as follows:
North 87 degrees 21 minutes 50 seconds West, 1042.89 feet to a %z" iron rod found at
the beginning of a curve to the left whose center bears South 02 degrees 3 ~~('~u"~~r R ~...
10 seconds West, 11,524.70 feet; ~ (~'~P~i1l ~Q~
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Northwesterly along said curve through a central angle of 02 degrees I I minutes 56
seconds an arc distance of 442.35 feet to a ~Z" iron rod;
North 89 degrees 33 minutes 47 seconds West, 885.15 feet to a 9i" iron rod found at
the beginning of a curve to the right whose center bears North 00 degrees 26
minutes 13 seconds East, 654.98 feet;
Northwesterly along said curve through a central angle of 06 degrees 42 minutes 00
seconds an arc distance of 76.59 feet to a yi" iron pin set this survey;
Northwesterly along said curve through a central angle of 06 degrees 42 minutes 00
seconds an arc distance of 76.59 feet to a 'h" iron rod found;
North 82 degrees 51 minutes 47 seconds West, 25.00 feet to a yi" iron rod found at
the beginning of a curve to the left whose center bears South 07 degrees 08
minutes 13 seconds West, 674.98 feet;
Northwesterly along said curve through a central angle of 06 degrees 42 minutes 00
seconds an arc distance of 78.93 feet to a %z" iron rod found;
North 89 degrees 33 minutes 47 seconds West, 42.90 feet to a '/i" iron rod found at
the beginning of a curve to the right whose center bears North 00 degrees 26
minutes 13 seconds East, (70.00 feet;
Northwesterly along said curve through a central angle of. 18 degrees 35 minutes 27
seconds an are distance of 55.16 feet to a'fi" iron rod found;
North 89 degrees 37 minutes 59 seconds West, at 103.05 feet pass the centerline of
Lou Menk Drive and in all, 186.72 feet to a '~" iron rod found at the beginning of a
curve to the right whose center bears North 42 degrees 48 minutes 32 seconds
West, 55.00 feet;
Southwesterly along said curve through a central angle of 24 degrees 31 minutes 00
seconds an arc distance of 23.53 feet to a ~Z" iron rod found for a point of
compound curve whose center bears North 18 degrees 17 minutes 37 seconds East,
170.00 feet; -
Southwesterly continuing along the second curve through a central angle of 18
degrees 35 minutes 27 seconds an arc distance of 55.16 feet to a'fz" iron rod found;
North 89 degrees 42 minutes 10 seconds West, 1,821.02 feet to a yz" iron rod found;
North 89 degrees 00 minutes 53 seconds West, 589.59 feet to a '~" iron rod found at
the beginning of a curve to the right whose center bears North 00 degrees 59
minutes 21 seconds East, 25.00 feet;
Northwesterly along said curve through a central angle of 89 degrees 18 minutes 16
seconds an arc distance of 38.97 feet to a ~Z" iron rod found at the intersection of
the north right-of-way of Western Center Boulevard with the east right~#.~rg~,,,,
Pacesetter Drive;
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THENCE North 00 degrees 17 minutes 51 seconds East along the east right-of-way of
Pacesetter Drive, at 1290.39 feet pass the centerline of Lou Menk Drive and in ail,
2577.76 feet to a ~Z" iron rod in the north line of the Heirs of William Smith Survey and
south line of Milly Gilbert Survey and a tract in the name of Martha S. Parr as shown by
deed recorded in Volume 4186 at Page 160 of the Tarrant County Deed Records;
THENCE, South 89 degrees 36 minutes 09 seconds East, on the common boundary of said
Smith and Gilbert Surveys and south line of said Martha S. Parr tract 2578.90 feet to a 'h"
iron rod for the southeast corner of said Parr tract and a corner of this tract;
THENCE, North 00 degrees I I minutes 35 seconds West, on the east boundary of said
Martha Parr tract, 1529.53 feet to a 7/8" iron rod found for the southwest corner of the
Thomas Peck Survey, Abstract No. 1210 for a corner of this tract;
THENCE, North 89 degrees 53 minutes 02 seconds East on the common boundary of the
Milly Gilbert Survey and the Thomas Peck Survey, 1821.07 feet to the POINT OF
BEGINNING and containing 386.3245 acres of land.
SAVE AND EXCEPT THE FOLLOWING TWO TRACTS:
TRACT l
A tract of land previously conveyed as Lot 4, Block 2, Western Technical and Management
Center as shown on the plat recorded in Cabinet B at Slide 146 of the Plat Records
Tarrant County, Texas, and being more particularly described by -metes and bounds as
follows:
Beginning at a 'h" iron rod on the east boundary of Pacesetter Drive and the west boundary
of Lot IRI, Block I, Western Technical and Management Center from which the
northwest corner of said Lot lRl bears North 00 degrees 17 minutes SI seconds East, a
distance of (,202.37 feet, said ~Z" iron rod being the northwest corner and POINT OF
BEGINNING of this Tract;
THENCE South 59 degrees 33 minutes 33 seconds East, a distance of 69.08 feet to a 9z"
iron rod;
THENCE East, a distance of 110.00 feet to a 9z" iron rod;
THENCE South 84 degrees 41 minutes I I seconds East, a distance of 142.88 feet #o a 9z"
iron rod for the beginning of a curve to the,left whose radius is 317.335 feet;
THENCE with said curve to the left whose central angle is 60 degrees 18 minutes 49
seconds, a distance of 334.05 feet to a point for the end of said curve;
THENCE North 35 degrees 00 minutes 00 seconds East, a distance of 217.75 feet to a `fz"
iron rod for the beginning of a curve to the right whose Radius is 390.00 feet and whose
central angle is 16 degrees 16 minutes 16 seconds;
THENCE on said curve to the right a distance of 110.77 feet to a S4" iron rod;
.... +
THENCE North 33 degrees I I minutes 00 seconds West, a distance of 3.88 f
cut on top of a 72" RCP for a bend;
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THENCE North OI degrees 10 minutes 28 seconds West, a distance of 62.83 feet to a Yz"
iron rod for a bend;
THENCE North 52 degrees 10 minutes 56 seconds East, a distance of 203.63 feet to a Yz"
iron rod for a bend;
THENCE North 46 degrees 37 minutes 47 seconds East, a distance of 196.36 feet to a YZ"
iron rod;
THENCE North IS degrees 49 minutes 57 seconds West, a distance of 112.33 feet to a Yz"
iron rod;
THENCE North 49 degrees 47 minutes 00 seconds East, a distance of 16.47 feet to a Yz"
iron rod;
THENCE South IS degrees 49 minutes 57 secands East, a distance of I 11.31 feet to a Yz"
iron rod;
THENCE North 46 degrees 37 minutes 47 seconds East, a distance of 541.57 feet to a Yz"
iron rod set for the northwest corner of this tract;
THENCE South 41 degrees 44 minutes 23 seconds East, a distance of 278.74 feet to a Yz"
iron rod found for a bend in north property line;
THENCE South 59 degrees 31 minutes 53 secands East, a distance of 369.74 feet to a Yz"
iron rod found for a bend in north property line; - -
THENCE South 44 degrees 13 minutes 53 seconds East, a distance of 148.96 feet to a Yz"
.iron rod set for the northeast corner of this tract;
THENCE South 49 degrees 56 minutes 4$ seconds West, a distance of 543.96 feet to a Yz"
iron rod set in the north boundary of Lou Menk Drive;
THENCE South 57 degrees 09 minutes 07 seconds West, radially, a distance of 60.00 feet
to a point for the beginning of a curve to the left whose radius is 237.00 feet and whose
central angle is 38 degrees 39 minutes 07 seconds;
THENCE on said curve to the left a distance of 157.81 feet to a point for the end of said
curve;
THENCE North 7I degrees 00 minutes 00 seconds West, a distance of 105.75 feet to a
.point for the P.C. of a curve to the left whose radius is 1,333.54 feet and whose central
angle is 16 degrees 00 minutes 00 degrees;
THENCE with said curve to the left, a distance of 372.39 feet to a point for the P.C.C. of
a curve to the left whose radius is 330.00 feet and whose central angle is 58 degrees 00
minutes 03 seconds;
THENCE with said curve to the left continuing parallel with and 60.00 feet from the north
boundary, a distance of 334.06 feet to a point for the end of this curve;
THENCE South 35 degrees 00 minutes 00 seconds West, a distance of I - t
Noint for the beginning of a curve t~ the ri'ht wh~sc r~~ius is 3».37 f wse
central angle is 49 degrees 41 minutes I I seconds; ~~°~~~~~
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THENCE on said curve to the right continuing parallel with and 60 00 feet from the north
boundary of this tract, a distance of 346 33 feet to a point for the end of this curve and
the end of parallel lines;
THENCE South 84 degrees 41 minutes I I seconds West, a distance of 191.42 feet to a
point for a bend;
THENCE West, parallel to and 100.00 feet from the north boundary of this tract, a
distance of 110.00 feet to a point for a bend;
THENCE South 59 degrees 55 minutes 34 seconds West, a distance of 69.84 feet to a point
in the west boundary of Lot 1R1 and the east boundary of Pacesetter Drive for the
southwest corner of this tract;
THENCE North 00 degrees 17 minutes 51 seconds East on the west boundary of said Lot
1 R I and the east boundary of said Pacesetter Drive, a distance of 170.00 feet to the
POINT OF BEGINNING and containing 14.415.5 acres of land.
TRACT 2
BEING a tract of land in the Heirs of William Smith Survey, Abstract No. 1418, and being
a portion of Lot I-R I, Block I, Western Technical and Management Center, an Addition to
the City of Fort Worth, Tarrant County, Texas as shown by plat of same recorded in
Volume 388-143, at Pages 94 and 95 of the Tarrant County Plat Records and being more
particularly described by metes and bounds as follows:
Commencing at a'~" iron rod found for the .northwest corner of said Lot IRI, Block i in
the east boundary of Pacesetter Drive, THENCE, South 89 degrees 36 minutes 43 seconds
East, with the north boundary of said Lot I R I a distance of 1,377.41 feet to a 'h" iron rod
found;
THENCE South 41 degrees 44 minutes 23 seconds East, a distance of 465.14 feet to a S~z"
iron rod found:
THENCE South 59 degrees 31 minutes.. 53 seconds East, a .distance of 369.74 feet to a yz"
iron rod found and;
THENCE South 44 degrees 13 minutes 53 seconds East, a distance of 148.96 feet to a 'h"
iron rod set for the northwest corner and POINT OF BEGINNING of this tract;
THENCE South 44 degrees 13 minutes 53 seconds East, a distance of 135.44 feet to a yz"
iron rod found for a bend;
THENCE South 39 degrees 59 minutes 22 seconds East, a distance of 191.12 feet to a ~Z"
iron rod found for a bend;
THENCE South 46 degrees 39 minutes 33 seconds East, a distance of 21 1.31 feet to an "X"
cut in flowline of a concrete flume for the northeast corner of this tract;
THENCE in a southwesterly direction up the flowline of the existing drainage
following course and distance; ~ ~r~~p~
5 t~'Y SECR~TAl~Y
~T. ~IQ~jN, TAX.
THENCE South 38 degrees 50 minutes 04 seconds West, 140 72 feet, South 38 degrees 37
minutes 59 seconds West, (98.03 feet, South 48 degrees 33 minutes 03 seconds West,
109.13 feet, and South 62 degrees 24 minutes 40 seconds West, 333.06 feet to a'/z" iron rod
set in the north boundary of Lou Menk Drive for the southeast corner of this tract,
THENCE North 27 degrees 03 minutes 10 seconds West, on the north boundary of Eddie
Chiles Boulevard, a distance of .143.71 feet to a 92" iron rod for a bend;
THENCE North 23 degrees 28 minutes 46 seconds West, continuing on said north boundary,
a distance of 144.89 feet;
THENCE North I I degrees 30 minutes 00 seconds West, continuing on said north boundary,
a distance of 169.9) feet to a '/z" iron rod set for the beginning of a curve to the left
whose radius is 297.00 feet and whose central angle is 21 degrees 20 minutes 52 seconds;
THENCE, on said curve to the left with the north boundary of Lou Menk Drive, a distance
of 110.66 feet to a Sz" iron rod set for the southwest corner of this tract;
THENCE North 49 degrees 56 minutes 48 seconds East, a distance of 543.96 feet to the
POINT OF BEGINNING and containing 383,710 square feet or 8.809 acres of land, more or
less.
Total acreage of 386.3254 less Tract One, 14.4155 acres, and Tact Two, $.809 acres, for a
total net acreage of 363.10 acres of land.
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REINVESTMENT~"'ZONE' N0 9 - ~~~` .f ~~-
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RECOMMENDATION: ~ -
It is recommended that the City Council take. the following. action:. -F --~ ___
1. Hold a public hearing concerning designation of the Fort Worth Tax Abatement°.
Reinvestment Zone No. 9, and.
2. Adopt the- attached ordinance which designates the Fort Worth Tax Abatement
Reinvestment Zone No. 9 pursuant._to Texas Property Redevelopment and Tax Abatement
Act, Tax. Code, Sections 312..001 through. 312.209, as amended. _
DISCUSSION:
Consideration of this issue as a part of today's agenda serves as a public hearing on
the designation of a reinvestment zone as required by the Property Redevelopment and
Tax Abatement Act. Notice of this 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 criteria 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
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. 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. _ ______~ _
The designation of a reinvestment zone expires after 5 years and may be renewed for
periods not to exceed 5 years.
The Code requires a city to designate a zone prior to entering int ~~t
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Su tt or C ty Managers FUND A COUNT CENTER AMOUNT RE
Office by: to
CITY COUNCIL
Or g nat ng Depart~ent Hea dopted Ordinance Nn, /~'
OCT Y5 1991
rom
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For A t ona In orirat on '"
Contact:
City Secretary of t>ss
City of Fort W
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