HomeMy WebLinkAboutOrdinance 17994-02-2008ORDINANCE NO.17994-02-2008
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REIlVVESTMENT ZONE NUMBER SIXTY-SEVEN, CITY OF
FORT WORTH, TEXAS"; PROVIDING THE EFFECTIVE AND
EXPIRATION DATES FOR THE ZONE AND A MECHANISM
FOR RENEWAL OF THE ZONE; AND CONTAII~TING OTHER
MATTERS RELATED TO THE ZONE.
WHEREAS, pursuant to the City Council's adoption on June 13, 2006 of
Resolution No. 3363-06-2006 (M&C G-15213), as amended by Resolution No. 3423-10-
2006 (collectively, the "Tax Abatement Policy"), the City of Fort Worth, Texas (the
"City") has elected to be eligible to participate in tax abatement and has established
guidelines and criteria governing tax abatement agreements entered into between the City
and various third parties, as authorized by and in accordance with the Property
Redevelopment and Tax Abatement Act, codified in Chapter 312 of the Texas Tax Code
(the "Code"); and
WHEREAS, the City Council desires to promote the development of the area in
the City more specifically described in Exhibit "A" of this Ordinance (the "Zone")
through the creation of a reinvestment zone for purposes of granting a residential tax
abatement, as authorized by and in accordance with Chapter 312 of the Code; and
WHEREAS, Health Care Service Corporation d/b/a Blue Cross Blue Shield of
Texas ("Company") owns or is under contract to purchase real property in the Zone on
which Company will construct an approximately 220,000 square foot data center
("Improvements"), with room for future expansion; and
Page 1
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-seven,
City of Fort Wortb, Texas
WHEREAS, Company has applied for a real and personal property tax abatement
from the City in return for the construction of the Improvements in the Zone and
compliance with certain other commitments that will foster economic development in the
Zone and the City in general; and
WHEREAS, on February 19, 2008 the City Council held a public hearing
regarding the creation of the Zone, received information concerning the Improvements
proposed for the Zone and afforded a reasonable opportunity for all interested persons to
speak and present evidence for or against the creation of the Zone ("Public Hearing"),
as required by Section 312.201(d) of the Code; and
WHEREAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City on February 11, 2008, which satisfies the requirement of
Section 312.201(d)(1) of the Code that publication of the notice occur not later than the
seventh day before the date of the public hearing; and
WHIEREAS, in accordance with Sections 312.201(d)(2) and (e), notice of the
Public Hearing was delivered in writing not later than the seventh day before the date of
the public hearing to the presiding officer of the governing body of each taxing unit that
includes in its boundaries real property that is to be included in the proposed Zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
Page 2
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-seven,
City of Fort Worth, Texas
Section 1.
FINDINGS.
That after reviewing all information before it regarding the establishment of the
Zone and after conducting the Public Hearing and affording a reasonable opportunity for
all interested persons to speak and present evidence for or against the creation of the
Zone, the City Council hereby makes the following findings of fact:
1.1. The statements and facts set forth in the recitals of this Ordinance are true and
correct. Therefore, the City has met the notice and procedural requirements
established by the Code for creation of a reinvestment zone under Chapter 312 of
the Code.
1.2. The property comprising the Zone is undeveloped.
1.3. The Improvements proposed for the Zone, as more specifically outlined in the
Public Hearing, are feasible and practical and, once completed, will benefit the
land included in the Zone as well as the City for a period in excess of ten (10)
years, which is the statutory maximum term of any tax abatement agreement
entered into under the Chapter 312 of the Code.
1.4. As a result of designation as a reinvestment zone, the area within the Zone is
reasonably likely to contribute to the expansion of primary employment and to
attract major investment in the Zone that will be a benefit to property in the Zone
and will contribute to the economic development of the City.
Page 3
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-seven,
City of Fort Worth, Texas
Section 2.
DESIGNATION OF ZONE.
That the City Council hereby designates the Zone described in the boundary
description attached hereto as Exhibit "A" and made a part of this Ordinance for all
purposes as a reinvestment zone for purposes of granting acommercial/industrial tax
abatement, as authorized by and in accordance with Chapter 312 of the Code. This Zone
shall be known as "Tax Abatement Reinvestment Zone Number Sixty-seven, City of Fort
Worth, Texas." This project is eligible for commercial/industrial tax abatement pursuant
to Section 4.3 of the Tax Abatement Policy.
Section 3.
TERM OF ZONE.
That the Zone shall take effect upon the effective date of this Ordinance and
expire five (5) years thereafter. The Zone maybe renewed by the City Council for one or
more subsequent terms of five (5) years or less.
Section 4.
SEVERABILITY.
That if any portion, section or part of a section of this Ordinance is subsequently
declared invalid, inoperative or void for any reason by a court of competent jurisdiction,
the remaining portions, sections or parts of sections of this Ordinance shall be and remain
in full force and effect and shall not in any way be impaired or affected by such decision,
opinion or judgment.
Page 4
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-seven,
City of Fort Worth, Texas
Section 5.
IMMEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
ADOPTED AND EFFECTIVE: February 19, 2008
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: G-16062
Page 5
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-seven,
City of Fort Worth, Texas
COUNCIL ACTION: Approved on 2/19/2008 -Ord. # 17994-02-2008
DATE: Tuesday, February 19, 2008
LOG NAME: 17BCBSRIZ REFERENCE NO.: G-16062
SUBJECT:
Adopt Ordinance Designating Tax Abatement Reinvestment Zone No. 67, City of Fort Worth, Texas,
for Property Located near Henrietta Creek Road and Independence Parkway
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 67, City of
Fort Worth, Texas; and
2. Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No. 67, City of Fort
Worth, Texas pursuant to and in accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION:
The proposed Reinvestment Zone Number 67, City of Fort Worth, Texas, (Zone) is in north Fort Worth in
the Alliance Gateway Business Park and is in Council District 2. The exact boundaries of the proposed
zone are described in Exhibit A of the attached ordinance. Health Care Service Corporation, an entity
controlled by Blue Cross Blue Shield, is considering the purchase, development and occupancy of the site
for use as a data center comprising approximately 220,000 square feet, with room for future expansion.
As required by Chapter 312 of the Texas Tax Code, a public hearing must be conducted regarding the
creation of the Zone. Notice of this hearing was (1) delivered to the governing body of each affected taxing
unit, and (2) published in a newspaper of general circulation at least seven days prior to this hearing.
The area encompassing the proposed Zone meets the statutory criteria for designation as a tax abatement
reinvestment zone set forth in Chapter 312 of the Texas 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. Further, the improvements sought in the Zone are feasible, 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 into have expired.
The term of the proposed Zone will be five years from the date of adoption of the attached ordinance and
may be renewed for periods not to exceed five years each.
This reinvestment zone is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: 17BCBSRIZ
Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Tom Higgins (Acting) (6140)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Mark Folders (8634)
Logname: 17BCBSRIZ Page 2 of 2
EXHIBIT "A"
BOUNDARX DESCRIPTION AND MA.P OF ZONE
BEING A TRACT OF LAND SITUATED IN THE F. CUELLA SURVEY, ABSTRACT
NO. 267, TARRANT COUNTY, TEXAS, AND THE F. CUELLA SURVEY,
ABSTRACT NO. 1711, DENTON COUNTY, TEXAS, AND BEING A PORTION OF
TRACT 12 AND TRACT 13 AS DESCRIBED BY DEED TO AIL INVESTMENT, L.P.
FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD. AS RECORDED IN DEED
VOLUME 9527, PAGE 1011, COUNTY RECORDS, TA,I~E2ANT COUNTY, TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"CARTER & BURGESS" FOUND AT THE NORTHWEST CORNER OF LOT 1,
BLOCK 3, ALLIANCE GATEWAY NORTH ADDITION AS SHOWN ON THE PLAT
RECORDED IN CABINET X, PAGE 753, PLAT RECORDS, DENTON COUNTY,
TEXAS, SAID IRON ROD ALSO BEING IN THE SOUTH RIGHT-OF-WAY LINE
OF HENRIETTA CREEK ROAD;
THENCE S 00°13'53"W, 810.00 FEET WITH THE WEST LINE OF SAID LOT 1, TO
A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER & BURGESS"
FOUND AT THE SOUTHWEST CO~R OF SAID LOT 1, BLOCK 3, ALLIANCE
GATEWAY NORTH ADDITION;
THENCE S 89°46'07"e, 449.90 FEET WITH THE SOUTH LINE OF SAID LOT 1, TO
A 5/$ INCH IlZON ROD WITH YELLOW CAP STAMPED "CARTER & BURGESS"
SET;
THENCE S 00°13'53"W, 1483.52 FEET DEPARTING THE SOUTH LINE OF SAID
LOT 1, BLOCK 3, .ALLIANCE GATEWAY NORTH ADDITION TO A 5/8 INCH
IRON ROD WITH YELLOW CAP STAMPED "CARTER & BURGESS" SET;
THENCE S 72°23'08"W, 445.20 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CARTER & BURGESS" SET;
THENCE N 89°23'28"W, 602.74 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CARTER & BURGESS" SET;
THENCE N 00°36'32" E, 540.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CARTER & BURGESS" SET;
THENCE N 89°23'28"W, 600.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CARTER & BURGESS" SET;
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-seven,
City of Fort Worth, Texas
THENCE N 00°36'32"E, 383.79 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CARTER & BURGESS" SET AT THE BEGINNING OF A CURVE
TO THE LEFT;
THENCE 305.18 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT,
THROUGH A CENTRAL ANGLE OF 35°41'03", HAVING A RADIUS OF 490.00
FEET, AND A LONG CHORD WHICH BEARS N 17°14'00"W, 300.27 FEET TO A
5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER & BURGESS"
SET;
THENCE N 00°28'55"E, 18.43 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CAR.TER & BURGESS" SET;
THENCE S 89°23'08"E, 312.04 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CARTER & BURGESS" SET;
THENCE N 00°36'32"E, 450.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CARTER & BURGESS" SET IN THE NORTH LINE OF THE
AFOREMENTIONED AIL INVESTMENT, L.P., TRACT 12 AND ALSO BEING IN
THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND AS DESCRIBED BY
DEED TO TEXAS POWER & LIGHT COMPANY RECORDED IN VOLUME 668,
PAGE 551, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE S 89°23'08"E, 617.05 FEET WITH THE NORTH LINE OF SAID AIL
INVESTMENT, L.P. TRACT 12, AND THE SOUTH LINE OF SAID TEXAS POWER
& LIGHT COMPANY TRACT TO A 5/8 INCH IRON ROD WITH YELLOW CAP
STAMPED "CARTER & BURGESS" SET;
THENCE S 00°35'42"W, 29.86 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CARTER & BURGESS" SET;
THENCE S 89°23'43"E, 218.71 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CARTER & BURGESS" SET;
THENCE N 00°35'42"E, 780.93 FEET TO A 5/8 INCH IRON ROD WITH YELLOW
CAP STAMPED "CARTER & BURGESS" SET IN THE NORTH LINE OF SAID AIL
INVESTMENT, L.P. TRACT 12, AND IN THE SOUTH RIGHT-OF-WAY LINE OF
HENRIETTA CREEK ROAD;
THENCE S 89°46'08"E, 105.03 FEET WITH THE NORTH LINE OF SAID AIL
INVESTMENT, L.P. TRACT 12, AND IN THE SOUTH RIGHT-OF-WAY LINE OF
HENRIETTA CREEK ROAD TO THE POINT OF BEGINNING AND CONTAINING
2,326,253 SQUARE FEET OR 53.403 ACRES OF LAND MORE OR LESS.
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-seven,
City of Fort Worth, Texas
Tax Abatement Reinvestment Zone 67
~\
,~
_HEIVR.IETTA CREEK RD
~~ .,, _ __
.~
~ ~,
__---
„~., o
~,~' rn
__--s'°
rn
gyp. ~~ 2
,~. ~P~
~~ ~
E,GP " GAG '~
i I~
City of Fort Worth, Texas
Economic & Community Devevlopment
Copyright 2008
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-seven,
City of Fort Worth, Texas