HomeMy WebLinkAboutOrdinance 17733-08-2007ORDINANCE NO. 17733-08-2007
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER SIXTY-ONE, 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.
WI3EREAS, pursuant to the City Council's adoption on June 13, 2006 of
Resolution No. 3363-06-20062 (M&C G-15213) (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 residential tax
abatement, as authorized by and in accordance with Chapter 312 of the Code; and
WHEREAS, Cinram, Inc., a Delaware corporation, or a wholly-owned affiliate
of Cinram, Inc. ("Company"), intends to lease real property in the Zone owned by
Alliance Gateway No. 11, Ltd., a Texas limited liability company ("Property Owner")
on which Property Owner will construct a wireless telephone manufacturing facility for
Company ("Improvements") and on which Company will locate substantial taxable
Page 1
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-one,
City of Fort Worth, Texas
tangible personal property ("Personal Property") following construction of such
Improvements; and
WI~REAS, Property Owner has applied for a real property tax abatement from
the City in return for the construction of the Improvements and compliance with certain
other commitments that will foster economic development in the Zone and the City in
general; and
WIiEREAS, Company has applied for a Personal Property tax abatement from
the City in return for the location of the Personal Property in the Zone and compliance
with certain other commitments that will foster economic development in the Zone and
the City in general; and
WHEREAS, on August 28, 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
WHEREAS, notice of the Public Hearing was published in a newspaper of
general circulation in the Crty on August 20, 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), 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;
Page 2
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-one,
City of Fort Worth, Texas
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 property comprising the Zone is undeveloped.
1.3. The Improvements proposed for the Zone, as more specifically outlined in the
Public Hearing and which will be made pursuant to a tax abatement agreement
with Property Owner 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 3
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-one,
City of Fort Worth, Texas
1.4. 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 residential 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 Sixty-one, City of Fort Worth,
Texas." This project is eligible for commercial/industrial tax abatement pursuant to
Section 4.1 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.
Page 4
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-one,
City of Fort Worth, Texas
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.
LIVIlVIEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE:
August 28, 2007
APPROVED AS TO FORM AND LEGALITY:
Peter Vaky
Assistant City Attorney
M&C: G-15848
Page 5
Ordinance Designating Tax Abatement Reinvestrnent Zone Number Sixty-one,
City of Fort Worth, Texas
EDIT "A"
BOUNDARY DESCRIPTION AND MAP OF ZONE
BEING a tract of land situated in the J. J. Roberts Survey, Abstract Number 1305, the
Jose Chirino Survey, Abstract Number 26S and the F. Cuella Survey, Abstract Number
267, Tarrant County, Texas, and being a portion of those certain tracts of land described
by deed to AIL, Investment, L.P., as recorded in Volume 13588, Page 181 (28.834 acre
tract) and Volume 13588, Page 182 (26.259 acre tract), and a portion of that certain tract
of land (Tract 9) described by deed to AIL Investment, L.P., formerly known as Hillwood
Freeway, Ltd., as recorded in Volume 9527, Page 1011, Deed Records, Tarrant County,
Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a stone found at the southeast corner of said 28.834 acre tract, being
in the westerly right-of--way line of the Texas-Pacific Railroad right-of--way (a 100' right-
of-way):
THENCE N 2S°07'22"E, 163.72 feet along the east line of said 28.$34 acre tract and the
west line of said Railroad right-of--way to the POINT OF BEGINNING;
THENCE N 89°38'23"W, 2175.04 feet to the west line of said 28.834 acre AIL tract and
the east property line of that certain tract of land described by deed to McWood L.P., as
recorded in Document Number D204020232, Deed Records, Tarrant County, Texas;
THENCE N O1°36'42"E, 400.63 feet along the common line of the west property line of
said 28.834 acre A1L tract and east property line of said McWood tract to a S/8 inch iron
rod found at the northwest corner of said 28.834 acre AIL tract;
THENCE N 88°20' 17"E, 17.28 feet along the north line of said 28.834 acre AIL tract
and continuing along the east line of said McWood tract to a 1/2 inch iron rod found,
being the southwest corner of said 26.259 acre AIL tract;
THENCE N 00°16'41"W, 824.38 feet along the west line of said 26.259 acre Ail tract
and continuing along the east line of said McWood tract and then across said AIL tract 9
to the southerly right-of--way line of Westport Parkway (a 120' right-of--way);
THENCE S 89°38'48"E, 13SO.S2 feet along the southerly right-of--way line of said
Westport Parkway;
THENCE S 00°12'00"W, 100.00 feet;
THENCE S 89°38'48"E, 673.92 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 171.02 feet, through a central
angle of 10°2S'28" having a radius of 940.00 feet, the long chord of which bears S
84°26'OS"E, 170.79 feet;
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-one,
City of Fort Worth, Texas
THENCE S 00°21'05"W, 481.02 feet;
THENCE S 64°52'51"E, 230.24 feet returning to the westerly right-of--way line of said
Texas Pacific Railroad;
THENCE S 25°07'22"W, 586.72 feet along the westerly right-of--way line of said
Railroad to the POINT OF BEGI7~INING and containing 2,661,944 square feet or 61.110
acres of land more or less.
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-one,
City of Fort Worth, Texas
Tax Abatement Reinvestment Zone 61
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City of Fort Worth, Texas
Economic & Community Devevlopment
Copyright 2047
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-one,
City of Fort Worth, Texas
City of Fort or-th, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/28/2007 -Ord. No. 17733-08-2007
DATE: Tuesday, August 28, 2007
LOG NAME: 17CRAMRIZ
REFERENCE NO.: G-15848
SUBJECT:
Adopt Ordinance Designating Tax Abatement Reinvestment Zone No. 61, City of Fort Worth, Texas,
for Property Located at US 377 and Westport Parkway
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 61, City of
Fort Worth, Texas; and
2. Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No. 61, City of Fort
Worth, Texas pursuant to and in accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION:
The proposed Reinvestment Zone Number 61, City of Fort Worth, Texas, (Zone) is in north Fort Worth in
the Alliance Business Park and is in Council District 2. The exact boundaries of the proposed zone are
described in Exhibit A of the attached ordinance. CINRAM, a contract manufacturer, is considering
leasehold occupancy of the site upon development of a production facility by Alliance Gateway No. 11, Ltd.
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.
This reinvestment zone is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Logname: 17CR:~~MItIZ Page 1 of 2
TO Fund/AccountlCenters FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Dale Fisseler (6140)
Originating Department Head: Tom Higgins (6192)
Additional Information Contact: Jay Chapa (5804)
Mark Folden (8634)
Logname: 17CRA1VIRIZ Page 2 of 2