HomeMy WebLinkAboutOrdinance 17817-10-2007ORDINANCE NO. 17817-10-2007
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER SIXTY-TWO, CITY OF FORT
WORTH, TEXAS"; PROVIDING THE EFFECTIVE AND
EXPIRATION DATES FOR THE ZONE AND A MECHfANISM
FOR RENEWAL OF THE ZONE; AND CONTAINING OTHER
MATTERS RELATED TO THE ZONE.
VVI~EREAS, pursuant to the City Council's adoption on June 13, 2006 of
Resolution No. 3363-06-20062 (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 Sixty-two,
City of Fort Worth, Texas
WHEREAS, Gorecki Auto Services ("Company") currently operates its
business at 4337 W. Vickery Blvd.; and
WHEREAS, the City has acquired the property at 4337 W. Vickery Blvd. for the
State Highway 121 Project and Company must relocate its business as a result of the
State Highway 121 Project; and
WHEREAS, Company desires to relocate its business to property located at
5350 Alta Mesa Blvd., 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 3; 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 July 18, 2007 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 September 25, 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 Dearing"),
as required by Section 312.201(d) of the Code; and
Page 2
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-two,
City of Fort Worth, Texas
WIIEREAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City on September 17, 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 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.
Page 3
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-two,
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.
X.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 approximately $310,000.00, 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 Sixty-two,
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 Sixty-two, City of Fort Worth,
Texas." This project is eligible for commercial/industrial tax abatement pursuant to the
Relocation Incentives 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 maybe renewed by the City Council for one or
more subsequent terms of five (5) years or less.
Section 4.
SEVERABII~ITY.
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 Sixty-two,
City of Fort Worth, Texas
Section 5.
IMIVIEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: October 2, 2007
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: G-15892
Page 6
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-two,
City of Fort Worth, Texas
EXHIBIT "A"
BOUNDARY' DESCRIPTION OF ZONE
A portion of Lot 70, Block 501, WEDGWOOD ADDITION to the City of Fort Worth,
Tarrant County, Texas, according to the plat recorded in Volume 388-137, Pages 57 and
58, 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 Lot 69-R, Bloclc 501,
Wedgwood addition to the City of Fort Worth, Tarrant County, Texas, according to the
plat recorded in Volume 388-179, Page 81, Plat Records, Tarrant County, Texas, said
point lying in the north right-of--way line of Altamesa Boulevard, a 120 feet wide public
street;
THENCE South 89 degrees 27' 00" West (Basis of Bearings) along the south line of said
Lot 70, Bloclc 501 and said north righ-of--way line of Altamesa Boulevard, 176.43 feet to
a found 1/2" steel rod;
THENCE North 00 degrees 33' 00" West, 256.68 feet to a found 1/2" steel rod in the
north line of said Lot 70, Bloclc 501;
THENCE South 84 degrees 32' 27" East along the north line of said Lot 70, Bloclc 501
and the south line of Lot 15 of said Bloclc 501, 112.66 feet to a set 1/2" steel rod;
THENCE South 82 degrees 11' S5" East, continuing along the north line of said Lot 70,
Block 501 and the south line of Lot 36 of said Bloclc 501, 65.07 feet to a found 5/8" steel
rod at the northwest corner of said Lot 69-R, Bloclc 501;
THENCE South 00 degrees 30' 00" East along the west line of said Lot 69-R, Bloclc 501,
235.43 feet to the Point of Beginning and containing 1.00 acre (43,560 square feet) of
land, more or less.
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-two,
City of Fort Worth, Texas
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-two,
City of Fort Worth, Texas
City of F®r# In/orth, 7°exas
Mayor and Council Communication
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Designating Tax Abatement Reinvestment Zone No.
62, City of Fort Worth, Texas, in the Vicinity of Altamesa Boulevard and Cranbury Road
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 62, City of
Fort Worth, Texas, in the vicinity of Altamesa Boulevard and Cranbury Road; and
2. Adopt an ordinance that designates Tax Abatement Reinvestment Zone Number 62, City of Fort Worth,
Texas, pursuant to and in accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION:
The proposed Reinvestment Zone No. 62, City of Fort Worth, Texas, (Zone) is in south Fort Worth. The
exact boundaries of the proposed zone are described in the attached map. Gorecki Auto Service (Gorecki)
is being displaced due to the Southwest Parkway Project and is relocating to the proposed site. Pursuant to
Resolution No. 3318-02-2006, the State Highway 121 (Southwest Parkway) Project has been designated by
the City Council as a "Major Public Infrastructure Project". As such, businesses displaced by that Project
are eligible to receive incentives, including tax abatement, under the City's Relocation Incentives
Policy. Gorecki wishes to construct its new business in the proposed reinvestment zone.
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 properly 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 project is located in COUNCIL DISTRICT 6.
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FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect city funds.
TO Fund/AccountlCenters
FROM Fund/AccountlCenters
Submitted for City Manager's Office by: Dale Fisseler (6140)
Ori, iq Hating Department Head• Tom Higgins (6192)
Additional Information Contact: Mark Folden (8634)
Logname: 17GORECKIRIZ Page 2 of 2