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HomeMy WebLinkAboutOrdinance 10613,~ _. - .~;. ORDINANCE NO. `~~ AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY DESIGNATING A CERTAIN AREA EAST OF ALLIANCE AIRPORT AND DIRECTLY EAST OF I-35 AS THE FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NO 3, PROVIDED THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING FOR AN EE'FECTIVE DATE WHEREAS, the City Council of the City of Fort Worth, Texas ("City"), desires to promote the development or rede- velopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for commer- cial/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 Resolu- tion 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 am on the 19th day of June, 1990, 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 a,~_1 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, -1- ;, :_ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 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, Tax Abatement Reinvestment Zones, a new Division 3, which shall read as follows DIVISION 3. TAX ABATEMENT REINVESTMENT ZONE NO. 3 Section 32-27 Findings and Determinations That 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. 3 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 commercialJindustrial 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 far 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 -2- ,1 .~ . 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. Section 32-28. Designation of Zone That 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 3, City of Fort Worth, Texas. The designation of this zone expires 5 years after the effective date of this ordinance and may be renewed for periods not to exceed 5 years. Section 32 29 Effective Date This ordinance shall take effect on June 19, 1990 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 -3- ~~ sz .ry . 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 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: CITY ATTORNEY Q.,~-~- DATE' ADOPTED ~ II 9 ~9 a EFFECTIVE' ~ ! I9/ ~U -4- 1 ~' y ~., EXHIBIT "A" Being a tract of land situated in the Hamilton Perry Survey, Abstract No 1022, and in the William Bush Survey, Abstract No 205, and in the Thomas S Reyburn Survey, Abstract No 1130, and in the James Eads Survey, Abstract No 410, and in the T J. Bates Survey, Abstract No 206, and in the Allen Henderson Survey, Abstract No 596, and in the A Robinson Survey, Abstract No 1119, and in the M E P & P.R R Company Survey, Abstract No 906, all in Denton County, Texas, said tract being more particularly described by metes and bounds as follows COMMENCING at the southeast corner of the 25 366 acre tract as described by deed to the State of Texas and recorded in Volume 515, Page 83, County Records, Denton County, Texas, said point being in the east right-of-way line of Interstate Highway 35-W, THENCE N 30° 25' 45" E, 34.62 feet with said east right-of-way line to the POINT OF $EGINNING,. THENCE with the east right-of-way Line of Interstate Highway 35-W, the following bearings and distances. N 30° 25' 45" E, 58 53 feet; r N 30° 54' S0" E, 1553 76 feet, N 33° 46' 34" E, 100 15 feet; N 30° 54' S0" E, 1312 36 feet, N 30° 23' 21" E, 103.6'1 feet; N 30° 54' S0" E, 321.79 feet, N 26° 18' 06" E, 360 40 feet, and N 30° 54' ll" E, 2219 55 feet, THENCE leaving said right-of-way line S 89° 39' 07" E, 2063 93 feet, THENCE N 00° 19' 11" E, 32 04 feet to a point in the centerline of Litsey Road, THENCE along the centerline of said Litsey Road the following bearings and distances S 89° O1' 38" E, 602 58 feet, Page 1 of 3 G_.: ~,~, ~~ S 89° 52' 47" E, 1909 19 feet, S 75° 04' 22" E, 331.80 feet, and N 89° 24' 37" E, 663 77 feet, THENCE leaving said centerline S O1° 56' OS" W, 777 67 feet; THENCE S 65° 13' 08" W, 1152.75 feet, THENCE S 08° 37' S4" W, 62.35 feet; THENCE S 50° 32' 19" E, 671 24 feet, THENCE S 21° 28' 16" W, 482.93 feet, THENCE S 00° O1' 46" E, 377 37 feet, THENCE S 25° 5$' 14" W, 871.51 feet, THENCE N 89° 16' 46" W, 2387".58 feet; THENCE S 00° 36' 40" W, 1877 00 feet; THENCE N 89° 04' 27" W, 2635.27 feet; THENCE N 00° 11' 49" W, 30 00 feet; THENCE N 89° 30' S3" W, 2470.68 feet to the POINT OF BEGINNING and containing 659 84 acres of land, more or less. Save and except the following tract of land• A tract of land situated in the William Bush Survey, Abstract No 205, Denton County, Texas and being more particularly described by metes and bounds as follows• COMMENCING at the southwest corner of the Seventh Tract described in a deed to Peterson Farm's Inc as recorded in Volume 559, Page 308 of Deed Records, Denton County, Texas, THENCE N 42° 59' 15" E, 2725 04 feet to the POINT OF BEGINNING, THENCE S 89° 23' 07" W, 375.00 feet, THENCE N 00° 36' S2" W, 663 82 feet to a point in Elizabeth Town Cemetery Road, s 'ta ,~ Page 2 of 3 ~ ,. ~ ~i ~ .~ ~ THENCE S 89° 40' 25" E, 375 OS feet along said Road, THENCE S 00° 3b' S2" E, 657 66 feet leaving said Road to the POINT OF BEGINNING and containing S 69 acres of land t ~`~ ~/ Page 3 of 3 .. w M•A~S DER .FILFi• Y a ~ ACCOUNTIN®•2 pity ®f " .~®rt ~®~-th, ~'~~~s TRANSPORTATIpN~PUBLIC . ~r~+~ ~° ,~~/ ~J~) ~~J/7// ~/ ~ ///7// ~j /- HATER ADMINISTRATION 4~~~®U I(.If/(/ IV~LW ~®1VIV~~~IV ~®~~.U~1L~~~~~~®~ ECONOMIC DEV DATE REFERENCE SUBJECT PUBLIC HEARING AND ORDINANCE PAGE lq~ ,~Dv,.- NUMBER DESIGNATING THE FORT WORTH TAX 1 /lam 6-19-90 G-8679 ABATEMENT REINVESTMENT ZONE N0. 3 )of~__ RECOMMENDATION: It is recommended that the City Council take the following action: 1. Hold a public hearing concerning designation of the Fort Worth Tax Abat- ement Reinvestment Zone No. 3; and 2. Adopt the attached ordinance which designates the Fort Worth Tax Abate- ment and Reinvestment Zone No. 3 pursuant to Property Redevelopment and Tax Abatement Act, V.T.C.A., Tax Code, Sections 312.001 through 312.209, as amended. BACKGROUND: On March 10, 1989, the City Council adopted a Resolution stating that the City of Fort Worth elected to become eligible to participate in tax abatement. On August 1, 1989, the Council established guidelines and criteria governing tax abatement agreements by the City for Qualified Commercial/Industrial Projects. On June 5, 1990, the City Council amended the policy statement regarding com- mercial/industrial projects. 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 Code, in that the area is reasonably likely, as a result of the designation, to contribute to the retention or expansion of pri- mary 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. State law requires a city to designate a zone prior to entering into tax abate- ment. attachment - Ordinance DI.v/6 SUBMITTED FOR IMt CITY MANAGER'S OFFICE BY P1i ke Groomer 6122 DISPOSITION BY COUNCIL. ^ APPROVED ORIGINATING G OTHER (DESCRIBE) DEPARTMENT HEAD' Thomas Hi ~ ns 6192 FOR ADDITIONAL INFORMATION CONTACT Ann Diveley 6130 _ APPROVED BY ~i~ cou~cel ~--- PROCESSED BY CI Y ETARY City' Secretary of the Adopted OfdlnanCe N0.