HomeMy WebLinkAboutOrdinance 23568-02-2019ORDINANCE NO. 23568-02-2019
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER NINETY-SEVEN, 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 January 29, 2019 of
Resolution No. 5040-01-2019 (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, Black & Decker (U.S.), Inc. or an affiliated entity ("Company")
wishes to expend or cause to be expended at least $30.0 million in real property
improvements for the occupancy of a new manufacturing facility to be; located in the Zone,
and Company intends to install taxable tangible business personal property worth $50
million at the facility that ultimately will result in a combined real and personal property
investment of at least $80 million (collectively, the "Improvements"),- and
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Ordinance Designating Tar Abatement Reinvestment Zone Number Ninety -Seven,
City of Fort Worth, Texas
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 February 5, 2019 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 January 27, 2019, 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:
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Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety -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:
I.I. 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 more than 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.
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Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety -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 business expansion 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 Ninety -Seven, City of Fort
Worth, Texas." This project is eligible for commercial/industrial tax abatement pursuant
as a Target Industry (Manufacturing), as defined in and in accordance with 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. The Zone may be renewed by the City Council for one or more
subsequent terms not to exceed five years.
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
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Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety -Seven,
City of Fort Worth, Texas
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.
ADOPTED AND EFFECTIVE: February 5, 2019
APPROVED AS TO FORM AND LEGALITY:
By: i i I J6�LUrYYI �-
Peter Vaky .!Y k6 6A� F9
Deputy City Attorney
M&C: G-19480
ATTEST:
gut
Mary J.
City Secretary
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Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety -Seven,
City of Fort Worth, Texas
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
BEING A TRACT OF LAND SITUATED IN THE T. J. BATES SURVEY, ABSTRACT
NUMBER 206, AND THE A. HERNDERSON SURVEY, ABSTRACT NUMBER 596, CITY
OF FORT WORTH, DENTON COUNTY, TEXAS. BEINGA PORTION OF THOSE TRACTS
OF LAND DESCRIBED BY DEED TO AIL INVESTMENT, L. P., (REMAINDER)
RECORDED IN INSTRUMENT NUMBER 2016-119802, AND AIL INVESTMENT, L. P.,
(PARCEL) RECORDED IN INSTRUMENT NUMBER 1998-117441. BOTH OF REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
COMMENCING AT A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON"
FOUND AT THE SOUTHEAST CONER OF NORTH BEACH STREET (A 65 FOOT RIGHT-
OF-WAY), RECORDED IN INSTRUMENT NUMBER 2016-57, SAID COUNTY RECORDS;
THENCE N 010 08' 40" W, WITH SAID EAST RIGHT-OF-WAY LINE, AT 13.59 FEET,
PASSING THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED BY
DEED TO CALVIN PETERSON AND PETERSON FAMILY TRUST, RECORDED IN
VOLUME 384, PAGE 257, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS.
CONTINUING WITH SAID COMMON LINE, IN ALL 701.31 FEET, TO A 5/8 INCH IRON
ROD WITH PLASTIC CAP STAMPED "PELOTON" FOUND, AT THE POINT OF
BEGINNING;
THENCE N 01° 08'40" W, 26.16 FEET, WITH SAID EAST RIGHT-OF-WAY LINE, TO A 5/8
INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET, AT THE BEGINNING
OF A CURVE TO THE RIGHT;
THENCE WITH SAID EAST RIGHT-OF-WAY LINE AND SAID CURVE TO THE RIGHT,
AN ARC DISTANCE OF 909.79 FEET, THROUGH A CENTRAL ANGLE OF 130 14' 49",
HAVING A RADIUS OF 3935.00 FEET, THE LONG CHORD WHICH BEARS N 050 28'45"
E, 907.76 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON"
SET;
THENCE S 770 10' 10" E, 240.55 FEET, DEPARTING SAID EAST RIGHT-OF-WAY LINE,
TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET;
THENCE N 880 55' 32" E, 1399.85 FEET, TO A 5/8 INCH ROD WITH PLASTIC CAP
STAMPED "PELOTON" SET;
THENCE S 01° 04' 39" E, 765.36 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "PELOTON" SET;
THENCE S 55035'47" W, 212.57 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "PELOTON" SET;
THENCE S 88023' 09" W, 702.83 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "PELOTON" SET;
THENCE N 00033'52" W, 19.64 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "PELOTON" SET;
THENCE S 88051'21" W, 856.73 FEET TO THE POINT OF BEGINNING AND CONTAINING
1,495,464 SQUARE FEET OR 34.331 ACRES OF LAND MORE OR LESS.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/5/2019 - Ordinance No. 23568-02-2Q19 . ,,. .
DATE: Tuesday, February 5, 2019
LOG NAME: 17ED TARIZ97FORGE
REFERENCE NO.: G-19480
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Designating Tax Abatement Reinvestment Zone 97, City of
Fort Worth, Texas, on Property near the Intersection of North Beach Street and Eagle Parkway, as
Described by Metes and Bounds (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a Public Hearing concerning the designation of Tax Abatement Reinvestment Zone 97, City of
Fort Worth, Texas, on property near the intersection of North Beach Street and Eagle Parkway, as
described by metes and bounds; and
2. Adopt the attached ordinance designating Tax Abatement Reinvestment Zone No. 97, 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. 97, City of Fort Worth. Texas, will facilitate
construction of a new manufacturing facility for a Stanley Black & Decker, Inc. The proposed project will
result in at least $80 million in real and business personal property investment ($30 million for the complex
and $50 million in business personal property).
As required by Chapter 312 of the Texas Tax Code, a public hearing must be conducted regarding the
creation of a Reinvestment 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 expansion of primary employment and
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.
The proposed Zone is located in COUNCIL DISTRICT 7.
This M&C does not request approval of a contract with a business entity.
Logname: 17ED TARIZ97FORGE Page 1 of 2
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that the actions in this Mayor and Council Communication will have no
material effect on City funds.
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CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Robert Sturns (2663)
Carol Griffith (6027)
Logname: 17ED TARIZ97FORGE Page 2 of 2