HomeMy WebLinkAboutOrdinance 20026-12-2011ORDINANCE NO. 20026-12-2011
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER SEVENTY-NINE, 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 22, 2010 of
Resolution No. 3895-06-2010 (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
commercial/industrial tax abatement, as authorized by and in accordance with Chapter
312 of the Code; and
WHEREAS, GE Transportation or an affiliate ("Company") is considering the
construction on vacant land at the intersection of Doc Mitchell Road and the future Three
Wide Drive of a 236,000 square foot facility to support the manufacturing of GE Mining
Off Highway Vehicle (OHV) wheel transmission systems, a project that would involve
the expenditure of at least $20,000,000.00 in real property improvements and the
Page 1
Ordinance Designating Tax Abatement Reinvestment Lone Number Seventy -Nine,
Ordinance No. 20026-12-201 I
installation of at least $30,000,000.00 in non -inventory taxable personal property at the
site ("Improvements"); and
WHEREAS, Company has applied for a real and personal property tax abatement
from the City in return for the construction and 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 13, 2011 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 December 5, 2011, 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 3 12.201(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 Ahatement Reinvestment Zone Number Seventy -Nine,
Ordinance No. 20026-12-201 1
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 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.
1.3. 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 Seventy -Nine,
Ordinance No.20026-12-2011
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 a commercial/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 Seventy -Nine, City of
Fort Worth, Texas." This project is eligible for commercial/industrial tax abatement
pursuant to Section 4.2 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 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 Seventy -Nine,
Ordinance No. 20026-12-201 1
Section 5.
IMMEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
ADOPTED AND EFFECTIVE: December 13, 2011
APPROVED AS TO FORM AND LEGALITY:
/,cicz Yw/w
Peter Vaky
Assistant City Attorney
M&C: G-17483
Page 5
Ordinance Designating fax Abatement Reinvestment Zone Number Seventy -Nine,
Ordinance No. 20026-I2-201I
It
Tax Abatement Reinvestment Zone No. 79
"Exhibit A"
Copyright 2011 (ltv of Fort Worth I lnauthonred reproduction is a violation of applicable laws l'his product is tor informational purposes and may not have been prepared
for or be suitable for legal, engineering, or survey mg purposes It does not represent an on -the -ground surrey and represents onlh the approximate relative location of property
boundaries l'he City of Fort Worth assumes no responsibility for the accuracy of said data
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
BEING a tract of land situated in the Jeremiah Ivy Survey, Abstract No. 649, Denton
County, Texas, being a portion of the Second Tract as described in deed to Mitchell,
Mitchell & Mitchell Partners, Ltd., recorded in Volume 4498, Page 2108, Deed Records,
Denton County, Texas (DRDCT) and being more particularly described as follows:
BEGINNING at a point at the intersection of the east line of the B.N. & S.F. Railroad
Company right of way (apparent 100' R.O.W., no record found, formally the Gulf,
Colorado & Sante Fe Railroad Company), with the south line of Petty Place — Doc
Mitchell Street (per Dedication Deed, 2010-22890 & Amended Dedicatory Certificate,
2010-34605, DRDCT), the most westerly south line of the final plat of TEXAS MOTOR
SPEEDWAY, an addition to the City of Fort Worth, Denton County, Texas as recorded in
Cabinet V, Slide 493, Plat Records, Denton County, Texas (PRDCT), and with the south
line of an Access Easement Agreement to Mitchell, Mitchell & Mitchell Partners, Ltd. And
the Mitchell Family Trust, their successors and/or assigns as recorded in 2010-28756 &
2010-32893, DRDCT, also being the northwest corner of a remainder portion of said
Mitchell Second Tract, from which a 5/8" rebar with a plastic cap stamped "ANA" found
bears N 76°31'19" W. 0.36 feet, and another 5/8" rebar with a plastic cap stamped "ANA"
found bears N 76°31'19" W. 0.36 feet and N 15°33' E, 52.07 feet;
THENCE S 76°31'19" E, departing the east line of said B.N.& S.F. Railroad Company
right of way, along the south line of said Petty Place — Doc Mitchell Street, a south line of
said TEXAS MOTOR SPEEDWAY addition, and the south line of said Access
Easement, a distance of 862.89 feet to a 1/2" rebar with a yellow plastic cap stamped
"Goodwin & Marshall" set (hereafter referred to as 1/2" rebar capped set) at the northeast
corner of the herein described tract of land, from which a 5/8" rebar found bears S
76°31'19" E, 68.50 feet;
THENCE departing the south line of said Petty Place — Doc Mitchell Street, a south line
of said TEXAS MOTOR SPEEDWAY addition, and the south line of said Access
Easement, traversing said Mitchell Second Tract, as follows:
Southeasterly, along a non tangent curve to the left, having a radius point that
bears S 83°10'27" E, 984.00 feet, a central angle of 28°13'33", an arc distance of
484.75 feet, and a chord that bears S 07°17'14" E, 479.86 feet the point of
tangency;
S 21 °24'00" E, a distance of 103.05 feet to the point of curvature of a curve to the
right, having a radius of 916.00 feet;
Southeasterly, along said curve, having a central angle of 12°51'18", an arc
distance of 205.52 feet, and a chord that bears S 14°58'21" E, 205.09 feet;
N 77°00'00" W, non tangent to said curve, a distance of 262.25 feet;
S 13°00'00" W, a distance of 212.32 feet;
S 40°37'20" W, a distance of 86.64 feet;
S 80°08'23" W, a distance of 83.62 feet;
N 77°00'00" W, a distance of 44.65 feet;
S 13°00'00" W, a distance of 58.70 feet;
N 77°00'00" W, a distance of 775.50 feet to a 1/2" rebar capped set in the east
line of said B.N. & S.F. Railroad Company right of way and the west line of said
Mitchell Second Tract at the southwest corner of the herein described tract of
land, from which a 1/2" rebar capped set at the southwest corner a reminder
portion of said Mitchell Second Tract bears S 13°00'00" W, 431.38 feet;
THENCE along the east line of said B.N. & S.F. Railroad Company right of way, and the
west line of said Mitchell Second Tract, as follows:
N 13°00'00" E, a distance of 500.13 feet to a'/2" rebar capped set at the point of
curvature of a curve to right, having a radius of 11409.20 feet;
Northeasterly, along said curve, having a central angle of 03°01'57", an arc distance of
603.88 feet, and a chord that bears N 14°30'59" E, 603.81 feet to the POINT OF
BEGINNING and containing 1,067,050 square feet or 24.496 acres of land.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/13/2011 - Ordinance No. 20026-12-2011
,".r �,t+.� � .�•• • • .. >,.m„ .\.:g.. , <vc r. ?\h � � a•N°.• s e .\r s` eas.,
DATE: Tuesday, December 13, 2011
LOG NAME: 17RIZTAGEII
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance Designating Tax Abatement Reinvestment Zone No. 79,
City of Fort Worth, Texas, in the Vicinity of the Intersection of Doc Mitchell Road and the Future Three
Wide Drive as Incentive for the Development of a Mining Equipment Manufacturing Facility by GE
Transportation (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
REFERENCE NO.: G-17483
1. Conduct a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 79, City
of Fort Worth, Texas in the vicinity of the intersection of Doc Mitchell Road and the future Three Wide
Drive; and
2. Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No. 79, 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. 79, City of Fort Worth, Texas (Zone), is for vacant
land that is located at the intersection of Doc Mitchell Rd and the future Three Wide Drive. The exact
boundaries of the proposed Zone are described in Exhibit A of the attached Ordinance. GE Transportation
is considering the construction of a new mining equipment manufacturing facility on property in the Zone.
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 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 five years from the date of adoption of the attached ordinance and
may be renewed for periods not to exceed five years each.
Proposed Tax Reinvestment Zone No. 79 is located in COUNCIL DISTRICT 2.
Logname: 17RIZTAGEII Page 1 of 2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Jay Chapa (5804)
Robert Sturns (8003)
Logname: 17RIZTAGEII Page 2 of 2