HomeMy WebLinkAboutOrdinance 10365.,
M.
ORDINANCE NO. C~J _
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH, TEXAS (1986), AS AMENDED, BY DESIGNATING A
CERTAIN AREA ADJACENT TO ALLIANCE AIRPORT AS THE FORT
WORTH TAX ABATEMENT REINVESTMENT ZONE NO. 2; 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 am. on the 22nd
day of August, 1989, 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;
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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,
a new Article III, entitled Tax Abatement Reinvestment Zones,
which shall read as follows:
ARTICLE III. TAX ABATEMENT REINVESTMENT ZONES
DIVISION 2 TAX ABATEMENT REINVESTMENT ZONE NO. 2
Section 32-24. 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. 2 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
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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 32-25. 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. 2, 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 32.26. Effective Date.
This ordinance shall take effect on August 22, 1989.
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.
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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 s.
This ordinance shall take effect and be in full farce
and effect from and after its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY Q ~ `~
DATE : 0 ~O'~O`
ADOPTED : G~C~(~~il ~ I
EFFECTIVE : ~ ~ ~ ~ ~ 6
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EXHIBIT "A"
FORT WORTH TAX ABATEMENT RE'INIfESTMENT ZONE NO 2
BEING a tract of land out of the G. Overton Survey, Abstract
No. 972, and the A. McDonald survey, Abstract No. 786, located in
the City of Fort Worth, Denton County, Texas, and being part of a
tract of land conveyed to Alliance Airport, Ltd. as recorded in
Volume 24 5 1 , Page 4 1 2 of the Deed Records of Denton County,
Texas, and being part of a tract of land conveyed to
Hillwood/1358, Ltd., as recorded in Volume 2512, Page 460 of said
deed records, and being part of a tract of land conveyed to
Hillwood/1358, Ltd. as recorded in volume 2512, Page 471 of said
deed recorded, and being more particularly described as follows:
COMMENCING at the northerly northwest corner of said Alliance
Airport, Ltd. tract, said corner being on the east right-of-way
line of the A.T. & S.F. Railroad (100 feet wide);
THENCE South 24 degrees 16 minutes 15 seconds West, along said
east line, a distance of 228.70 feet to a point for a corner,
said corner being the intersection of said east line with the
south right-of-way line of proposed Eagle Parkway ( 120 feet
wide);
THENCE South 65 degrees 43 minutes 4.5 seconds East, departing
said east line, and along said south line, a distance of 12.33
feet to the point of curvature of a circular curve to the left
having a radius of 1210.00 feet;
THENCE Easterly, continuing along said south line, and along said
curve through a central angle of 19 degrees 39 minutes 07
seconds, an arc distance of 415.02 feet to an iron rod set for
the POINT OF BEGINNING:
THENCE Easterly, continuing along said south line, and along said
curve through a central angle of 14 degrees 30 minutes 20
seconds, and whose back tangent bears south 85 degrees 22 minutes
53 seconds East, an arc distance of 30b.34 feet to an iron rod
set for the point of tangency;
THENCE North 80 degrees 06 minutes 47 seconds East, continuing
along said south line, a distance of 3164.54 feet to an iron rod
set for the point of curvature of a circular curve to the right
having a radius of 1140.00 feet;
THENCE Easterly, continuing along said south line, and along said
curve through a central angle of 46 degrees 10 minutes 45
seconds, an arc distance of 918.81 feet to an iron rod set for
the point of tangency;
THENCE South 53 degrees 42 minutes 28 seconds East, continuing
along said south line, a distance of 165.20 feet to an iron rod
set for a corner;
THENCE South 41 degrees 45 minutes 07 seconds East, continuing
along said south line, a distance of 575.73 feet to an iron rod
set for a corner, said corner being on the northerly right-of-way
line of proposed T axiway 'H' extension (300 feet wide);
THENCE South 29 degrees 57 minutes 34 seconds West, departing
said south line, and along said northerly line, a distance of
1646.28 feet to an iron rod set for the point of curvature of a
circular curve to the right having a radius of 1050.00 feet;
'";FENCE Southwesterly, along said north line, and along said curve
through a central angle of 50 degrees 09 minutes 14 seconds, an
arc distance of 919.12 feet to an iron rod set for the point of
tangency;
THENCE South 80 r3egrees 06 minutes 47 seconds West, continuing
alon~3 said north line, a distance of 3308.39 feet to an iron rod
set for a corner, said corner being on the west line of said
Alliance Airport, Ltd.. tract, said corner also being on the east
right-of-way of a tract of land conveyed to the City of Fort
Worth, known as the Alliance Airport, as recorded in Volume 9279,
Page 388 of the Deed Records of Tarrant County, Texas, and
Volume 2382, Page 209 of the Deed Records of Denton County,
Texas;
THENCE North 9 degrees 53 minutes 13 seconds West, departing said
north line, along the common line between said City of .Fort Worth
tract and said Alliance Airport, Ltd. tract, a distance of
1100.00 feet to an iron rod found for a corner;
THENCE North 1 degree 21 minutes 22 seconds West, continuing
along said common line, a distance of 364.73 feet to an iron rod
found .for. a corner;
THENCE North 43 degrees 37 minutes 08 seconds West, departing
said common line, a distance of 225.00 feet to an iron rod found
for a corner ;
THENCE North 73 degrees 52 minutes 55 seconds West, a distance of
421 .87 feet to an iron rod found for a corner , said corner being
on said common line between said City of Fort Worth tract and
said Alliance Airport, Ltd. tract;
THENCE North 9 degrees 53 minutes 73 seconds West, along said
common line, a ristance of 103.14 feet to an iron rod set for a
corner , said corner being on the easterly right-of-way line of a
proposed street (60 feet wide);
'THENCE North 24 degrees 16 minutes 15 seconds East, departing
said common line, and along said easterly line, a distance of
204.11 feet to an iron rod set for the point of curvature of a
circular curve to the right having a radius of 430.00 feet;
1 x
r ~ S ..i.
THENC°£= Northeasterly, contin.u,ing along said easterly line, and
" alorn3 aaid curve through a central~~ngle of 53 degrees 07 minutes
34 seconds, an arc distance of 398.71 feet to an iron rod set for
L-he point of reverse curvature of a circular curve to the left
having a radius of 490.00 feet;
:'HENCE Northeasterly, continuing along said easterly line, and
along Said curve through a central angle of 68 degrees 56 minutes
11 seconds, an arc distance of 589.55 feet to an iron rod set for
a corner;
THENCE North 51 degrees 16 minutes 34 seconds East, continuing
along said easterly line, a distance of 21.69 feet to the
POINT OF BEG INNING AND CONTAINING 12, 036, 168 square feet or
276.3124 acres of land more or less.
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MAtrpR AOMINISTRATtON i ~f
CITY MANAGEF
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.1 DATE REFERENCE SUBJECT PUBLIC HEARING AND ORDINANCE PAGE
NUMBER
CE wcE~./y22/89 G-8176 DESIGNATING THE FORT WORTH TAX 1 of 1
ARATGMGAIT DG'TAI1lCCTR9CAIT 7rlC\IC Alit 7
RECOMMENDATION
It is recommended that the City Council take the following action
1. Hold a public hearing concerning designation of the Fort Worth Tax
Abatement Reinvestment Zone No. 2, and
2. Adopt the attached ordinance which designates the Fort Worth Tax
Abatement Reinvestment Zone No. 2 pursuant to Property Redevelopment and
Tax Abatement Act, U.T.C.A., Tax Code, Sections 312.001 through 312.209,
as amended.
On P1arch 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.
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
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 zon~~~r~~r~~t~Yenteri ng i nto tax
abatement . CITY COUNCIL
Attachment - Ordinance
SUBMITTED FOR THE ••~~ •~+ •vvv
CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY
OFFICE BY David Iv r APPROVED
ORIGINATING D CRIBE)
DEPARTMENT HEAD•
DQUglas_Harman CITY SECRETARY
FOR ADDITIONAL INFORMATION pied Ordinance No City Seat~to>n- of the
CONTACT Dive ~ Ir'i of Fort Wortb. T~xaa DATE