HomeMy WebLinkAboutOrdinance 20278-07-2012ORDINANCE NO.20278 -07 -2012
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER EIGHTY -TWO, 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 12, 2012 of
Resolution No. 4096 -06 -2012 (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, NGC Renewables, LLC or an affiliated entity ( "Company ") is
considering the construction of a new North American headquarters and manufacturing
facility on property in the Zone. In connection with this project, Company expects to
expend or cause to be expended at least $8,500,000 in real property improvements and
Ordinance Designating Tax Abatement Reinvestment Zone Number Eighty -Two, Page 1 of 7
City of Fort Worth, Texas Ordinance No. 20278 -07 -2012
$87,500,000 for non - inventory taxable personal property to be installed in the
headquarters and manufacturing facility (collectively, the "Improvements "); and
WHEREAS, Company has applied for a real and personal property tax abatement
from the City in return for the construction 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 July 10, 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 July 2, 2012, 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 Eighty -Two, Page 2 of 7
City of Fort Worth, Texas Ordinance No. 20278 -07 -2012
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.
Ordinance Designating Tax Abatement Reinvestment Zone Number Eighty -Two, Page 3 of 7
City of Fort Worth, Texas Ordinance No. 20278 -07 -2012
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 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 Eighty -Two, 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.
Ordinance Designating Tax Abatement Reinvestment Zone Number Eighty -Two, Page 4 of 7
City of Fort Worth, Texas Ordinance No. 20278 -07 -2012
Section 5.
IMMEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
ADOPTED AND EFFECTIVE: July 10, 2012
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Deputy City Attorney
M &C: G -17628
Ordinance Designating Tax Abatement Reinvestment Zone Number Eighty -Two, Page 5 of 7
City of Fort Worth, Texas Ordinance No. 20278 -07 -2012
Tax Abatement Reinvestment Zone No. 82
5500 Alliance Gateway Frwy
Fort Worth, TX 76177
"Exhibit A"
Copyright 2012 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for mtormational purposes ana may not nave peen prepareu
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.
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
Being a tract of land situated in the William Huff Survey, Abstract No. 648 of The F.
Cuella Survey, Abstract No. 267, Tarrant County, Texas, and being all of that certain
tract of land filing No. D207348894, County Records, Tarrant County, Texas, said tract
of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/a iron rod with plastic cap stamped "Carter & Burgess" found at the
northeast corner of Lot 1, Block 2, Alliance Gateway Addition, as recorded in Cabinet A,
Slide 2979, Plat Records, Tarrant County, Texas and being in the southerly right -of -way
line of State Highway No. 170 (a variable width right -of -way),
THENCE N 89 029'40" E, 768.31 feet along said southerly right -of -way line to a 5/8 inch
iron rod with plastic cap stamped "Carter & Burgess" found at the northwest corner of
Tract 4 of those tracts of land conveyed by deed to Alliance Building Partners, LLP as
recorded in Clerk's Filing No. D207348893 of said county records,
THENCE the following bearings and distance along the westerly line of said Tract 4:
S 00 029'26" E, 289.79 feet to a 5/8 inch iron rod with plastic cap stamped "Carter &
Burgess" found at the beginning of a curve to the right,
169.30 feet along the arc of said curve to the right, through a central angle of 10 °00'00 ",
a radius of 970.00 feet and a long chord of S 04 °30'34" W, 169.08 feet to a 5/8 inch iron
rod with plastic cap stamped "Carter & Burgess" found,
S 09 030'34" W, 435.47 feet to a 5/8 inch iron rod with plastic cap stamped "Carter &
Burgess" found at the beginning o a curve to the right,
271.93 feet along the arc of said curve to the right, through a central angle of 36 °14'03 ",
a radius of 430.00 feet and a long chord of S 27 °37'35" W, 267.43 feet to a 5/8 inch iron
rod with plastic cap stamped `Carter & Burgess" found at the beginning of a non - tangent
curve to the left, said point being in the northerly line of that certain 6.762 acre tract of
land described by deed to Alliance Gateway -Phase I Association as recorded in County
Clerk's Filing No. D206240552, said County records,
THENCE 109.68 feet along the northerly line of said Alliance Gateway -Phase I
Association tract and along the arc of said curve to the left, through a central angle of
14 °26'46 ", a radius of 435.00 feet and a long chord of N 85 052'52" w, 109.39 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" found,
THENCE S 86 053'46" W, 300.66 feet continuing along said northerly line to a 5/8 inch
iron rod with plastic cap stamped " Carter & Burgess" found at the beginning of a curve
to the right,
THENCE 149.53 feet continuing along said northerly line and along the are of said curve
to the right, through a central angle of 02 °57'53 ", a radius of 2889.79 feet and a long
chord of S 88 °22'42" W, 149.51 feet to a 5/8 inch iron rod with plastic cap stamped
"Carter & Burgess" found at the southeast corner of that certain 0.669 acre tract of land
as described by deed to Alliance Gateway -Phase I Association and recorded in Volume
16319, Page 381, said County records,
THENCE N 00 008'21" W, 1130.64 feet along said easterly line of said 0.669 acre
Alliance Gateway -Phase I Association tract and then along the easterly line of said Lot 1,
Block 2, Alliance Gateway Addition to the point of beginning and containing 810,595
square feet or 18.609 acres of land, more or less.
At the public hearing, interested persons will be entitled to speak about or present
evidence for or against designation of such property as a tax abatement reinvestment
zone. Following closure of the public hearing, the City Council will consider the adoption
of an ordinance that designates the above - described property as Tax Abatement
Reinvestment Zone Number Eighty -Two, City of Fort Worth, Texas.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7l10/2012' = Ordinance No., 20278 -07 -2012
DATE: Tuesday, July 10, 2012
LOG NAME: 17RIZTANGC
REFERENCE NO.: G -17628
SUBJECT:
Adopt Ordinance Designating Tax Abatement Reinvestment Zone No. 82, City of Fort Worth, Texas, for
Property Located 5500 Alliance Gateway Freeway (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 82, City of
Fort Worth, Texas; and
2. Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No. 82, 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. 82, City of Fort Worth, Texas (Zone), is for the
property located 5500 Alliance Gateway Freeway. NGC Renewables, LLC, or any affiliated entity is
considering constructing their new North American headquarters and manufacturing facility in Fort Worth.
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.
Tax Abatement Reinvestment Zone No. 82 is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
Logname: 17RIZTANGC Page 1 of 2
funds.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
Fernando Costa (6122)
Jay Chapa (5804)
Robert Sturns (8003)
Logname: 17RIZTANGC Page 2 of 2