HomeMy WebLinkAboutOrdinance 20444-10-2012ORDINANCE NO. 20444 -10 -2012
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER EIGHTY -FOUR, 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 (M &C G- 17617) (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 "), which Exhibit "A"
is attached hereto and hereby made a part of this Ordinance for all purposes, through the creation
of a reinvestment zone pursuant to and in accordance with Chapter 312 of the Code; and
WHEREAS, ATC Logistics & Electronics, Inc., a Delaware corporation, or an affiliate
thereof (collectively, "Company "), is considering the consolidation and expansion of its existing
facility at Alliance Business Park located in the Zone. In connection with this project, Company
expects to expend or cause to be expended at least $1,000,000 in real property improvements and
$17,500,000 for non - inventory taxable personal property to be installed at the facility
(collectively, the "Improvements "); and
WHEREAS, on October 2, 2012 the City Council held a public hearing regarding the
creation of the Zone, received information concerning the Improvements proposed for the Zone
Ordinance Designating Tax Abatement Reinvestment Zone Number 84, Ordinance No. 20444 -10 -2012
City of Fort Worth, Texas Page 1 of 4
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 September 24, 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), 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:
Ordinance Designating Tax Abatement Reinvestment Zone Number 84, Ordinance No. 20444 -10 -2012
City of Fort Worth, Texas Page 2 of 4
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.
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 THE ZONE.
That the City Council hereby designates the Zone as a reinvestment zone pursuant to and
in accordance with Chapter 312 of the Code. This Zone shall be known as "Tax Abatement
Reinvestment Zone Number Eighty -Four, City of Fort Worth, Texas." This project is eligible for
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 84, Ordinance No. 20444 -10 -2012
City of Fort Worth, Texas Page 3 of 4
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.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: October 2, 2012
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Deputy City Attorney
M &C: G -17698
Ordinance Designating Tax Abatement Reinvestment Zone Number 84, Ordinance No. 20444 -10 -2012
City of Fort Worth, Texas Page 4 of 4
EXHIBIT "A"
BOUNDARY OF ZONE
Area 1 (13500 Independence Parkway)
BEING, a tract of land situated in the F. Cuella Survey, Abstract No. 267, Tarrant County,
Texas, and being a portion of that Tract 9 as described by deed to Hillwood /Freeway, Ltd. and
recorded in Volume 9381, Page 66, County Records, Tarrant County, Texas, said tract being
more particularly described by metes and bounds as follows:
CONNECTING at a 5/8 inch iron rod with cap stamped "Carter & Burgess" found at the
southwest corner of that tract of land as described by deed to Alliance Gateway No. 5, Ltd. and
recorded in Volume 12314, Page 634, said County Records;
THENCE S 00 008'21 "E, 50.00 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess"
set, the POINT OF BEGINNING;
THENCE N 89 051'39 "E, 1245.00 feet to a 5/8 inch iron rod with cap stamped "Carter &
Burgess" set;
THENCE S 00 008'21 "E, 541.99 feet to a 5/8 inch iron rod with cap stamped "Carter &
Burgess" set'
THENCE S 22 022'27 "W, 341.29 feet to a 5/8 inch iron rod with cap stamped "Carter &
Burgess" set, the beginning of a non - tangent curve to the left;
THENCE 465.80 feet along the arc of the said non - tangent curve to the left through a central
angle of 23 000'26 ", a radius of 1160.00 feet and a long chord of N 78 °38'08 "W, 462.68 feet to a
5/8 inch iron rod with cap stamped "Carter & Burgess" set;
THENCE S 89 051'39 "W, 225.34 feet to a 5/8 inch iron rod with cap stamped "Carter &
Burgess" set, the beginning of a curve to the right;
THENCE 121.33 feet along the arc of said curve to the right through a central angle of
070118", a radius of 990.00 feet and a long chord of N 86 037'42 "W 121.25 feet to a 5/8 inch
iron rod with cap stamped "Carter & Burgess" set, the beginning of a reverse curve to the left;
THENCE 74.76 feet along the arc of said reverse curve to the left through a central angle of
07'01'18", a radius of 610.00 feet and a long chord of N 86 °37'42 "W, 74.71 feet to a 5/8 inch
iron rod with cap stamped "Carter & Burgess" set;
THENCE S 89 051'39 "W, 150.00 feet to a 5/8 inch iron rod with cap stamped "Carter &
Burgess" set, the beginning of a curve to the right;
THENCE 141.37 feet along the arc of said curve to the right through a central angle of 90 °0'0 ",
a radius of 90.00 feet and a long chord of N 45 °08'21 "W, 127.28 feet to a 5/8 inch iron rod with
cap stamped "Carter & Burgess" set;
THENCE N 00008'21"W, 663.00 feet to the POINT OF BEGINNING and containing 21.853
acres of land, more or less, to be known as:
LOT 2, BLOCK 1, ALLIANCE GATEWAY SOUTH ADDITION
Area 2 (13550 Independence Parkway)
BEING, a tract of land situated in the F. Cuella Survey, Abstract No. 267 and the William Huff
Survey, Abstract No. 648, City of Fort Worth, Tarrant County, Texas and being all of that tract
of land as described by deed to Alliance Gateway No. 5, Ltd. and recorded in Volume 12314,
Page 634, County Records, Tarrant County, Texas, said tract being more particularly described
by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod at the southerly right -of -way line of Liberty Way (formerly
Westport Parkway) at its terminus as recorded in Cabinet A, Slide No. 1079, said County
Records, said point being in the northerly line of said Alliance Gateway No. 5 tract;
THENCE N 89 051'39 "E. 723.09 feet along said northerly line to a 5/8 inch iron rod with cap
stamped "Carter & Burgess" found, the northeast corner of said Alliance Gateway No. 5, Ltd.
tract;
THENCE S 00 008'21 "E, 765.00 feet to a 5/8 inch iron rod with cap stamped "Carter &
Burgess" found, the southeast corner of said Alliance Gateway No. 5 tract;
THENCE S 89 051'39 "W, 1,433.00 feet along said southerly line to a 5/8 inch iron rod with cap
stamped "Carter & Burgess" found, the southwest corner of said Alliance Gateway No. 5 tract;
THENCE N 00 008'21 "W, 352.62 feet along the westerly line of said Alliance Gateway No. 5
Tract to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found, the beginning of a curve
to the right.
THENCE 137.63 feet along the arc of said curve to the right and continuing along said westerly
line through a central angle of 07 °57'56 ", a radius of 990.00 feet and a long chord of N
03 050'37 "E, 137.52 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found, the
beginning of a reverse curve to the left;
THENCE 44.48 feet along the arc of said reverse curve to the left and continuing along said
westerly line through a central angle of 04 °10'42 ", a radius of 610.00 feet and a long chord of N
05044'14"E, 44.47 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found, the
beginning of a reverse curve to the right;
THENCE 71.53 feet along the arc of said reverse curve to the right and continuing along said
westerly line through a central angle of 04'15'05", a radius of 964.00 feet and a long chord of N
05 046'25 "E, 71.51 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found at the
southerly terminus of Eagle Parkway South as recorded in Cabinet A, Slide No. 1079, said
County Records, the beginning of a reverse curve to the left;
THENCE 78.47 feet along the arc of said reverse curve to the left and along the easterly right -
of -way line of said Eagle Parkway South through a central angle of 02 °51'36 ", a radius of
1572.00 feet and a long chord of N 06'28'10"E, 78.46 feet to a 5/8 inch iron rod with cap
stamped "Carter & Burgess" found, the beginning of a reverse curve to the right;
THENCE 133.23 feet along the arc of said reverse curve to the right and along said easterly
right -of -way line through a central angle of 84'49'12", a radius of 90.00 feet and a long chord of
N 47 027'03 "E, 121.40 feet to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found in
the southerly right -of -way line of the aforementioned Liberty Way;
THENCE N 89 051'39 "E, 589.78 feet along said southerly right -of -way line to the POINT OF
BEGINNING and containing 24.972 acres of land more or less to be known as:
LOT 1, BLOCK 1, ALLIANCE GATEWAY SOUTH ADDITION
Tax Abatement Reinvestment Zone No. 84
13500 and 13550 Independence Parkway
Fort Worth, TX 76177
"Exhibit A"
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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.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/2/2012 - Ordinance Nos. 20444 -10 -2012 and 20445 -10-
2012
DATE: Tuesday, October 02, 2012 REFERENCE NO.: G -17698
LOG NAME: 17RIZTAATC
SUBJECT:
Adopt Ordinances Designating Tax Abatement Reinvestment Zones No. 84 and No. 85, City of Fort Worth,
Texas, for Properties Located at 5201 Alliance Gateway, 13500 Independence Parkway and 13550
Independence Parkway (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing concerning the designation of Tax Abatement Reinvestment Zones No. 84
and No. 85, City of Fort Worth, Texas; and
2. Adopt the attached ordinances that designate Tax Abatement Reinvestment Zones No. 84 and No. 85,
City of Fort Worth, Texas, pursuant to and in accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION:
The proposed Tax Abatement Reinvestment Zones No. 84 and No. 85, City of Fort Worth (City) are for the
properties located at 5201 Alliance Gateway, 13500 Independence Parkway and 13550 Independence
Parkway. ATC Logistics and Electronics, Inc. d /b /a GENCO ATC, is considering the expansion and
modernization of its existing operations.
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 zones are described in Exhibit A
of the attached Ordinances. 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 areas encompassing the proposed Zones meet the statutory criteria for designation as Tax
Abatement Reinvestment Zones pursuant to Chapter 312 of the Texas Tax Code in that the areas are
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 Zones 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 Zones
are feasible, practical and would be a benefit to the land to be included in the Zones and to the City after
any Tax Abatement Agreements which may be entered into have expired.
The term of the proposed Zones will be five years from the date of adoption of the attached ordinances
and may be renewed for periods not to exceed five years each.
Tax Abatement Reinvestment Zones No. 84 and No. 85 are located in COUNCIL DISTRICT 2.
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Logname: 17RIZTAATC Pagel of 2
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 by: Fernando Costa (6122)
Originating Department Head:
Additional Information Contact:
Jay Chapa (5804)
Robert Sturns (8003)
Ana Alvarado (2661)
Logname: 17RIZTAATC Page 2 of 2