HomeMy WebLinkAboutOrdinance 17850-10-2007ORDINANCE NO.17850-10-2007
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER SIXTY-THREE, 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 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-three,
City of Fort Worth, Texas
WHEREAS, Michel's Tiffany Doors ("Company") currently operates its
business at 4115 W. Vickery Blvd.; and
WHEREAS, the City has acquired the property at 4115 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
3030 W. Pafford St., 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 2; 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 September 10, 2007 Company applied for a real property tax
abatement and certain other incentives from the City under the Relocation Incentives
Policy; and
WI~REAS, 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 October 23, 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
Page 2
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-three,
City of Fort Worth, Texas
WHEREAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City on October 8, 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:
l.l. 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-three,
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 thirty-five (3 S) current employees that
Company now employs at the location from which it is being displaced.
1.3. 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 $518,000.00, 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-three,
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-three, City of Fort Worth,
Texas." This project is eligible for commerciaUindustrial 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 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.
Page 5
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-three,
City of Fort Worth, Texas
Section 5.
IMMEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: October 23, 2007
APPROVED AS TO FORM AND LEGALITY:
Peter Vaky
Assistant City Attorney
M&C: G-15943
Page 6
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-three,
City of Fort Worth, Texas
EX~II]BIT "A"
BOUNDARY DESCRIPTION OF ZONE
TRACT I
FEE SIMPLE
BEING a tract of land situated in the State of Texas, the County of Tarrant and the City
of Fort Worth, being part of the ELIJAH SUTHERLAND SURVEY, Abstract No. 1438,
being all of a tract of land conveyed to Wachovia SBA Lending, Inc. by deed recorded in
Instrument No. D206351347 of the Deed Records of Tarrant County, Texas and these
premises being more particularly described as follows:
- - BEGINNING at a railroad spike found in the north right-of--way line of West Pafford
Street, marking the southwest corner of a tract of land conveyed to Isadore Bloomberg by
deed recorded in Volume 7298, Page 611 of the Deed Records of Tarrant County, Texas
and the southeast corner of said premises;
THENCE with said north right-of--way line and the south line of said premises, South
89°50'00" West, 203.00 feet to a r/2 inch iron rod found marking the intersection of said
north right-of--way line and the east line of the G.C. & S.F. Railroad right-of--way;
THENCE with said east right-of--way line and the west line of said premises, North
41°22'00" East, 306.16 feet to a 1/2 inch iron rod capped "5693" set marking the most
westerly northwest corner of said Bloomberg tract and the north corner of said premises;
THENCE with the west line of said Bloomberg tract and the east line of said premises;
South 00°10'00" East, 229.18 feet to the POINT OF BEGINNING and contaizung 0.53
acres of land.
TRACT II
EASEMENT ESTATE
BEING that certain easement for parking as reserved in that certain Warranty Deed, dated
May 24, 1982, executed by David W. Clark to Isadore Bloomberg, recorded in Volume
7298, Page 611, Deed Records, Tarrant County, Texas, described as follows:
BEGINNING at an iron pin found in the north line of West Pafford Street, said iron being
2528.7 feet from South 89 degrees 50 minutes West and 31.0 feet North 00 degrees 10
minutes West from the southeast corner of said Sutherland Survey, said iron pin also
being 19.8 feet South 89 degrees 50 minutes West from the southeast corner of that
certain tract conveyed to Louis H. Barnett as recorded in Volume 3382, Page 404, Deed
Records, Tarrant County, Texas;
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-three,
City of Fort Worth, Texas
THENCE South 89 degrees 50 minutes West, along the north line of West Pafford Street,
20 feet;
THENCE North 00 degrees 10 minutes West, 57 feet;
THENCE North 89 degrees 50 minutes East, 20 feet;
THENCE South 00 degrees 10 minutes East, 57 feet to the POINT OF BEGINNING.
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-three,
City of Fort Worth, Texas
City of Fort ort~-, Texas
iVlayor and Council Communication
COUNCIL ACTION: Approved on 10/23/2007 -Ordinance No. 17850-10-2007
--~--. -- ~ ._ n,
DATE: Tuesday, October 23, 2007
LOG NAME: 17MCLEDRRIZ REFERENCE NO.: G-15943
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Designating Tax Abatement Reinvestment Zone No.
63, City of Fort Worth, Texas, in the Vicinity of West Pafford Street and Granbury Road
RECOMMENDATION:
It is recommended that the City Council:
,_ - -~--~
. _~ ~--__
1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 63, City of
Fort Worth, Texas; and
2. Make findings of fact and adopt the attached ordinance designating Tax Abatement Reinvestment Zone
Number 63, City of Fort Worth, Texas, pursuant to and in accordance with Chapter 312 of the Texas Tax
Code.
DISCUSSION:
The proposed Reinvestment Zone, City of Fort Worth, Texas (Zone) is in the vicinity of West Pafford Street
and Granbury Road in south Fort Worth. The exact boundaries of the proposed zone are described in
Exhibit A of the attached ordinance. Michel's Tiffany Doors (Michel's Doors) is being displaced due to the
State Highway 121 (Southwest Parkway) Project and wishes to relocate to 3030 West Pafford Street in the
proposed zone. Pursuant to Resolution No. 3318-02-2006, the 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. Michel's Doors wishes to move their business to 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 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.
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 9.
Logname: 17MCLEDRRIZ Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on the City funds.
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: Mark Folders (8634)
Logname: 17MCLEDRRIZ Page 2 of 2