HomeMy WebLinkAboutOrdinance 17436-03-2007ORDINANCE NO. 17436-03-2007
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER FIFTY-EIGHT, CITY OF
FORT WORTH, TEXAS"; PROVIDING THE EFFECTIVE AND
EXPIRATION DATES FOR THE ZONE AND A MECHANISM
FOR RENEWAL OF THE ZONE; ANI) CONTAINING OTHER
MATTERS RELATED TO THE ZONE.
WEIEREAS, pursuant to the City Council's adoption on June 13, 2006 of
Resolution No. 3363-06-2006 (M&C G-15213), as subsequently amended, the City of
Fort Worth, Texas (the "City") has elected to be eligible to participate in tax abatement,
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, pursuant to the City Council's adoption on December 20, 2005 of
M&C G-15045 (the "Relocation Incentives Policy"), the City has included tax
abatement as one of the incentives that may be made available to businesses that are
displaced and must relocate due to a Major Public Infrastructure Project, as that term is
defined in the Relocation Incentives Policy; and
WHEREAS, pursuant to the City Council's adoption on February 28, 2006 of
Resolution No. 3318-02-2006, the City Council has found that the State Highway 121
Project, as defined in Resolution No. 3318-02-2006, is a Major Public Infrastructure
Project and that, therefore, businesses that are displaced and must relocate on account of
the State Highway 121 Project are eligible for incentives pursuant to and in accordance
with the Relocation Incentives Policy; and
Page 1
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-Eight,
City of Fort Worth, Texas
WHEREAS, Purselley Pool and Spa, Inc. ("Company") currently operates its
business at 4205 West Vickery Blvd.; and
WHEREAS, the City has acquired the property at 4205 West Vickery Blvd. for
the State Highway 121 Project and Company must relocate its business as a result of the
State Highway 121 Project; and
WI~REAS, Company desires to relocate its business to property located at
4311 Bryant Irvin Rd., as more specifically described in Exhibit "A" of this Ordinance
(the "Zone"), which is located within that area of the City defined by the Relocation
Incentives Policy as Area l; and
WHEREAS, as a result of Company's relocation to the Zone, Company qualifies
for tax abatement under the Relocation Incentives Policy; and
WHEREAS, on November 9, 2006 Company applied for a real property tax
abatement and certain other incentives from the City under the Relocation Incentives
Policy; and
WHEREAS, Company will need to make certain improvements to the property
within the Zone in order to operate its business there, which improvements are more
specifically described in Company's Relocation Incentives Application (collectively, the
"Improvements"); and
WHEREAS, on March 6, 2007 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
Page 2
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-Eight,
City of Fort Worth, Texas
VVI~REAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City on February 26, 2007, 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 FORTH, TEXAS:
Section 1.
F~vDIN~s.
That after reviewing all information before it regarding the establishment of the
Zone and after conducting the Public Hearing and affording a reasonable opporhu~ity 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.
Page 3
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-Eight,
City of Fort Worth, Texas
1.2. Once Company has completed the Improvements to the property within the Zone,
Company will be able to retain the 4 current employees that Company now
employs at the location from which it is being displaced and will have space to
hire an additional 4 employees.
1.3. Designation of the Zone as a reinvestment zone will enable Company to receive a
real property tax abatement that will assist Company in offsetting costs it must
incur solely due to its displacement by the State Highway 121 Project, which
costs are anticipated to be between $350,000 and $450,000, and will cause
Company to redevelop property in the Zone for commercial purposes that would
not otherwise occur. Therefore, 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.
1.4. The Improvements proposed for the Zone, as more specifically outlined in
Company's Relocation Incentives Application and the Public Hearing and which
will be made pursuant to a tax abatement agreement with Company that must
subsequently be approved by the City Council, 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.
Page 4
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-Eight,
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 a real property 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 Fifty-Eight, City of Fort Worth,
Texas." This project is eligible for commerciallindustrial tax abatement pursuant to the
Relocation Incentives Policy.
Section 3.
TEI2IVI 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 5
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-Eight,
City of Fort Worth, Texas
Section 5.
IMMEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: March 6 2007
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
Page 6
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-Eight,
City of Fort Worth, Texas
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
Lot 21R, Block 415, CHAMBERLIN ARLINGTON HEIGHTS, SECOND FILING, an
Addition to the City of Fort Worth, Tarrant County, Texas, according to the revised plat
recorded in Cabinet A, Slide 6686, Plat Records, Tarrant County, Texas, being more
particularly described by metes and bounds as follows:
BEGINNING at a found 5/8" steel rod at the southwest corner of said Lot 21R, at the
intersection of the north right-of--way line of Farnsworth Avenue, an 80 feet wide public
street, with the east right-of--way line of Bryant Irvin Road, a 60 feet wide public street;
THENCE North (Basis of Bearings) along the west line of said Lot 21R and the east
right-of--way line of said Bryant Irvin Road, 125.00 feet to a found 5/8" steel rod at the
northwest corner of said Lot 21R, and in the south line of a 16 feet wide public alley;
THENCE East along the north line of said Lot 21R and the south line of said alley,
275.00 feet to a found 5/8" steel rod at the northeast corner of said Lot 21 R and the
northwest corner of Lot 32, Block 415, Chamberlin Arlington Heights, Second Filing, an
Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded
in Volume 63, Page 40 of said Piat Records;
THENCE South along the common line between said Lots 21 R and 32, 125.00 feet to a
set 1/2" steel rod at the southeast corner of said Lot 21R and the southwest corner of said
Lot 32, and in the north right-of--way line of said Farnsworth Avenue;
THENCE West along the south line of said Lot 21 R and the north right-of--way line of
said Farnsworth Avenue, 275.00 feet to the Point of Beginning and containing 0.789
acres (34,375 square feet) of land, more or less.
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-Eight,
City of Fort Worth, Texas
City of F®r~ Werth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/6!2007 -Ordinance No. 17436-03-2007
DATE: Tuesday, March 06, 2007
LOG NAME: 17TARZ58POOL
REFERENCE NO.: G-15629
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Designating Tax Abatement Reinvestment Zone No.
58, City of Fort Worth, Texas
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 58, City of
Fort Worth, Texas; and
2. Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No. 58, City of Fort
Worth, Texas pursuant to and in accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION:
The proposed Reinvestment Zone Number 58, City of Fort Worth, Texas (Zone) is located in west Fort
Worth and is in Council District 7. The exact boundaries of the proposed zone are described in Exhibit A of
the attached ordinance. Purselley Pool and Spa, Inc. is being displaced due to the State Highway 121T
Project and is considering relocation to this site.
Pursuant to Resolution No. 3318-02-2006, the State Highway 121T Project (the Project) has been
designated by the City Council as a "Major Public Infrastructure Project." As such, businesses displaced by
the Project are eligible to receive incentives, including tax abatement, available through the City's
Relocation Incentives Policy.
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.
FISCAL INFORMATION/CERTIFICATION:
Logname: 17TARZ58POOL Page 1 of 2
The Finance Director certifies that this action has no material impact on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Dale Fisseler (6140)
Tom Higgins (6192)
Ardina Washington (8003)
Logname: 17TARZ58POOL Page 2 of 2