HomeMy WebLinkAboutOrdinance 20074-02-2012ORDINANCE NO. 20074-02-2012
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER EIGHTY, 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, on November 1, 2011 the City Council adopted Ordinance No.
19961-11-2011 designating Tax Abatement Reinvestment Zone No. 77, which
encompasses property located at 6201 South Freeway that is owned by Alcon
Laboratories Corporation ( "Company "); and
WHEREAS, Company wishes to renovate and expand Company's existing
facilities within Reinvestment Zone No. 77 and further wishes to expand its facilities to
property located at 6801 Will Rogers Blvd. (collectively, the "Project "). In undertaking
this Project, Company intends to expend or cause to be expended at least $3,000,000 in
real property improvements and $8,000,000 in non - inventory taxable personal property
(collectively, the "Improvements "); and
WHEREAS, Company has applied for a real and personal property tax abatement
from the City in return for completion of the Project and compliance with certain other
employment and spending commitments that will foster economic development in both
Tax Abatement Reinvestment Zone No. 77 and the Zone, as well as in the City generally;
and
WHEREAS, in order for the City to grant a tax abatement on the full Project, it is
necessary for the City Council to designate the property located at 6801 Will Rogers
Blvd. as a reinvestment zone in addition to the property that has already been designated
as Tax Abatement Reinvestment Zone No. 77; and
WHEREAS, on February 21, 2012 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 10, 2012, which satisfies the requirement of
Ordinance Designating 1 a\ Abatement Reimcstment /one Numher Eighty Page 2 of 5
(,ity of w
Fort orth. �cxas Ordinance No. 20071 -02 -2012
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:
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
Ordinance De.ignating Tae Ahatemcnt Reimcstment Zone Number Eighty Pagc 3 of S
('i(y of Fort Werth, Fcsas Ordinance No. 20074-02-20 12
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.
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 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 Eighty, City of Fort
Worth, Texas." This project is eligible for a business expansion tax abatement pursuant
to Section 6.2 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.
Ordinance Designating Tax Abatement Reinvestment Zone Number Eighty Page 4 of 5
City of fort Worth, Tcxas Ordinance No. 20074-02-2012
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.
ADOPTED AND EFFECTIVE: February 21, 2012
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Deputy City Attorney
M &C: G -17526
Ordinance Dc,ignating Iux .Ahatemcnt Rcin%czhncnt Lone Number Fights Pa-c S of 5
Cit,, of Fort Worth. Icxu,
Ordinance No. 20074-02-20 12
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
Alcon Will Rogers Property
Descri tp ion
That Carter Foundation Production Company, owner of all of Block 6 of Carter Industrial
Park, an Addition to Fort Worth, in Tarrant County, Texas, as said Block 6 appears on the
map recorded in Volume 388 -31, Page 52 of the Tarrant County Deed Records, does
hereby adopt and declare the plat and map annexed hereto to be a re- subdivision of Block
6 of Carter Industrial Park and the property outlined and delineated on the exhibit
attached hereto as "Exhibit A" is hereby designated and shall hereafter be known and
referred to as Lot 1 in Block 6 of said Carter Industrial Park. There is also dedicated to
the underground public utility and drainage easements as delineated and marked on said
plat.
The metes and bounds description of said Lot 1 in Block 6 of Carter Industrial Park is as
follows:
Beginning at a one inch iron for the southwest corner of said Block 6.
Thence north no degrees- 15 -1/2 minutes west, along the west line of said Block 6, a
distance of 363 feet to a one inch iron for corner.
Thence north 89 degrees -45 minutes east 600 feet to a 5/8 inch iron for corner.
Thence south no degrees-15-1/2 minutes east 363 feet to a 5/8 inch iron in the south line
of Block 6.
Thence south 89 degrees -45 minutes west, along the said south line of Block 6, a distance
of 600 feet to the place of beginning and containing 5 acres.
CVVYI lr�l„ LV I I il) o Irk r worm, unaumonzea reproauction 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 ofproperty
boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data.
Tax Abatement Reinvestment Zone No. 80
6801 Will Rogers Blvd Fort Worth, TX 76140
"Exhibit A"
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/21/2012 - Ordinance No. 2007402 - 2012_;
DATE: Tuesday, February 21, 2012
LOG NAME: 17RIZTAALCON80
REFERENCE NO.: G -17526
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance Designating Tax Abatement Reinvestment Zone No. 80,
City of Fort Worth, Texas, for Property Located at 6801 Will Rogers Boulevard (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 80,
City of Fort Worth, Texas; and
2. Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No. 80, City of Fort
Worth, Texas, pursuant to and in accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION:
On November 1, 2011, City Council approved the execution of a Tax Abatement Agreement with Alcon
Laboratories Holdings Corporation or an affiliate for the expansion and renovation of the existing Alcon
Campus located at 6201 South Freeway. Since then, Alcon has modified its plans for expansion to include
an additional building that was not part of the Tax Abatement Reinvestment Zone No. 77 approved by
Council on November 1, 2011. Therefore, in order to accommodate all of Alcon's expansion plans, Tax
Abatement Reinvestment Zone No. 80 (Zone) must be created to encompass the additional property.
The proposed Zone is for the property located at 6801 Will Rogers Boulevard. 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 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.
The Zone is located in COUNCIL DISTRICT 8.
Logname: 17RIZTAALCON80 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 Fu nd/Accou nt/C enters
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Logname: l 7RIZTAALCON80
FROM Fund /Account/Centers
Fernando Costa (6122)
Jay Chapa (5804)
Robert Sturns (8003)
Page 2 of 2