HomeMy WebLinkAboutOrdinance 22526-12-2016 ORDINANCE NO. 22526-12-2016
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE CITY OF
FORT WORTH AS "TAX ABATEMENT REINVESTMENT ZONE
NUMBER NINETY-THREE, CITY OF FORT WORTH, TEXAS";
PROVIDING THE EFFECTIVE AND EXPIRATION DATES FOR THE
ZONE AND A MECHANISM FOR RENEWAL OF THE ZONE; AND
CONTAINING OTHER MATTERS RELATED TO THE ZONE.
WHEREAS, pursuant to the City Council's adoption on June 28, 2016 of Resolution No.
4647-06-2016 (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 business expansion tax abatement, as
authorized by and in accordance with Chapter 312 of the Code; and
WHEREAS, Parker Products, Inc. ("Company"), a leading producer of confectionary
products, wishes to expend or cause to be expended at least $15 million in real property
improvements for construction on property in the Zone of a new, approximately 85,000 square
foot facility for its manufacturing, warehousing, research and distribution, and corporate
governance needs, and Company intends to install new taxable tangible business personal
property in the facility, which ultimately will result in a combined real and personal property
investment of at least $17 million (collectively, the "Improvements"); and
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety-three, Ordinance No.22526-12-2016
City of Fort Worth,Texas Page 1 of 4
WHEREAS, Company has applied for real and business personal property tax
abatements from the City in return for the installation of the Improvements in the Zone and
compliance with certain other employment and spending commitments that will foster economic
development in the Zone and the City in general; and
WHEREAS, on December 6, 2016 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 November 22, 2016 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
WHEREAS, in accordance with Sections 312.201(d)(2) and (e), of the Code 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:
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety-three, Ordinance No.22526-12-2016
City of Fort Worth,Texas Page 2 of 4
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 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 of ten (10) years, which is the statutory
maximum term of any tax abatement agreement entered into under the Chapter 312 of the
Code.
1.3. 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.
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 business expansion tax abatement, as authorized by
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety-three, Ordinance No.22526-12-2016
City of Fort Worth,Texas Page 3 of 4
and in accordance with Chapter 312 of the Code. This Zone shall be known as "Tax Abatement
Reinvestment Zone Number Ninety-three, City of Fort Worth, Texas." This project is eligible
for commercial/industrial tax abatement under Section 4 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.
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.
Section 5.
IMMEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
APPROVED AS TO FORM AND LEGALITY:
By: &4��co�
Peter Vaky, Mary J. Kay
Deputy City Attorney City Secret an
M&C: G-18896
ADOPTED AND EFFECTIVE: December 6, 2016
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety-three, Ordinance No. 22526-12-2016
City of Fort Worth,Texas Page 4 of 4
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
BEING a tract of land situated in the JOSE MARIA BASQUIS SURVEY, ABSTRACT NO. 85,
in the City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 2, Block 3,
Landmark Quebec Addition, an addition to the City of Fort Worth, Tarrant County, Texas,
and being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod with red plastic cap stamped "W.A.I." set for corner, said
iron rod being North 00 deg 29 min 57 sec East, a distance of 500.00 feet from the southwest
corner of said Lot 2, Block 3 and being situated in the west line of said Lot 2, Block 3;
THENCE North 00 deg 29 min 57 sec East, along said west line, a distance of 862.49 feet to a
1/2-inch iron rod with red plastic cap stamped "W.A.I." set for corner;
THENCE South 88 deg 54 min 57 sec East, departing the west line and over and across said Lot
2, Block 3, a distance of 547.88 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I."
set for corner and situated in an east line of said Lot 2, Block 3, said iron rod also being situated
in the west right-of-way line of Strawn Lane (100' right-of-way);
THENCE along the west right-of-way line of Strawn Lane and an east line of said Lot 2, Block
3, the following:
South 01 deg 05 min 03 sec West, a distance of 50.00 feet to a 1/2-inch iron rod with red
plastic cap stamped "W.A.I." set for corner;
South 43 deg 54 min 57 sec East, a distance of 14.14 feet to a 1/2-inch iron rod with red
plastic cap stamped "W.A.I." set for corner;
South 01 deg 05 min 03 sec West, a distance of 802.45 feet to a 1/2-inch iron rod with
red plastic cap stamped "W.A.I." set for corner;
THENCE North 88 deg 54 min 57 sec West, departing the west right-of-way line of said Strawn
Land and an east line of said Lot 2, Block 3, a distance of 549.07 feet to the POINT OF
BEGINNING.
CONTAINING within these metes and bounds 10.946 acres or 476,794 square feet of land, more
or less.
FORT WORTH. Tax Abatement Reinvestment Zone No. 93 — Parker Products, Inc.
Northwest Loop 820 and Strawn Lane
Fort Worth, TX, 76135
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Copyright 2016 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is for Informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying
purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.The City of Fort Worth assumes no responsibility for the accuracy of said data.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 12/6/2016 - Ordinance No. 22526-12-2016
DATE: Tuesday, December 6, 2016 REFERENCE NO.: G-18896
LOG NAME: 17ED TARIZ93
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance Designating Property Located at Northwest Loop 820 and
Strawn Lane Within the City of Fort Worth as Tax Abatement Reinvestment Zone No. 93, City of Fort
Worth, Texas, for Construction of a Corporate Facility for Parker Products, Inc. (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing concerning the designation of property at Northwest Loop 820 and Strawn
Lane that is located within the City of Fort Worth as Tax Abatement Reinvestment Zone No. 93, City of
Fort Worth, Texas, for construction of an 85,000 square foot corporate facility for Parker Products, Inc.;
and
2. Adopt the attached ordinance designating Tax Abatement Reinvestment Zone No. 93, City of Fort
Worth, Texas, pursuant to and in accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION:
The proposed Tax Abatement Reinvestment Zone No. 93, City of Fort Worth, Texas (Zone) encompasses
certain property at and adjacent to Northwest Loop 820 and Strawn Lane that is located entirely within the
City of Fort Worth. Parker Products, Inc. (Parker), a leading producer of confectionary products, is
seeking to consolidate its business operations and intends to construct and operate a new, approximately
85,000 square foot facility for its manufacturing, warehousing, research and distribution, and corporate
governance needs. The proposed project will result in at least $17 million dollars in real and business
personal property investment at the site, with a minimum of$15 million in real property improvements.
As required by Chapter 312 of the Texas Tax Code, a public hearing must be conducted regarding the
creation of the Zone. The exact boundaries of the proposed Zone are described in Exhibit A of the
attached ordinance. Notice of this hearing was delivered to the governing body of each affected taxing
unit and 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, pursuant to 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 4e 5 years from the date of adoption of the attached ordinance.
Logname: 17ED TARIZ93 Page 1 of 2
The proposed Zone is located in COUNCIL DISTRICT 7, Mapsco 60A.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of the above recommendation will have no material effect
on the Fiscal Year 2017 Budget. Upon approval of this designation, the long term financial impacts will be
included in the financial forecast.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Robert Sturns (212-2663)
Ana Alvarado (871-6029)
Additional Information Contact: Natalie Moore (212-2680)
Logname: 17ED TARIZ93 Page 2 of 2