HomeMy WebLinkAboutOrdinance 17888-11-2007ORDINANCE NO.17888-11-2007
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER SIXTY-FIVE, 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 July 18, 2006 of
Resolution No. 3390-07-2006, the City Council has found that the Trinity River Uptown
Project, as defined in Resolution No. 3390-07-2006, is a Major Public Infrastructure
Project and that, therefore, businesses that are displaced and must relocate on account of
the Trinity River Uptown 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-five,
City of Fort Worth, Texas
WHEREAS, Sweet Shop Candies, Inc. ("Company") currently operates its
business on property located at 2000 White Settlement Road; and
WHEREAS, Company has been notified by Tarrant Regional Water District that
Company will be displaced by the Trinity River Uptown Project; and
WIiEREAS, Company desires to relocate its business to property located at
6913 Camp Bowie Boulevard, 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 October 12, 2007 Company applied for a real and personal
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 properly
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 November 27, 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-five,
City of Fort Worth, Texas
WHEREAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City on November 12, 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITX 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-five,
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 130 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 Trinity River Uptown Project 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-five,
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-five, 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 maybe renewed by the City Council for one or
more subsequent terms of five (5) years or less.
Section 4.
SEVERABILITX.
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-five,
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: November 27 2007
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C:G-15981
Page 6
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-five,
City of Fort Worth, Texas
EXXIFIIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
Out of the Hays Covington and E. Wilburn Surveys, situated about 6-1/2 miles
southwest from the courthouse in Tarrant County, Texas, and embracing the tract No. 1
of 9-089/1000 acres in the deed to The First National Bank of Fort Worth, Texas,
recorded in Volumen 3018, page 277, Tarrant County Deed Records, and the tract No. 1
of 0-843/1000 acre in the deed to The First National Bank of Fort Worth, Texas, recorded
in Volume 3018, page 280 of said Deed Records:
Begiiuzing at an iron rod at the easterly northeast corner of said 9-089/1000 acres
tract and being the southeasterly corner of the first tract as conveyed to Robert Chuckrow
by deed redcorded in Volume 2926, page 134, of said Deed Records, and said corner
being in the westerly line of Floyd Drive;
Thence South 26 degrees - 32 minutes east, along said westerly line of Floyd
Drive, 139-5/10 feet to an iron rod at its intersection with the northwesterly line of
Clayton Road West;
Thence South 29 degrees - OS minutes west, along said line of Clayton Road
West, 85-7/10 feet to an iron rod;
Thence south 63 degrees-28 minutes west, along the southerly line of said 9-
089/1000 acres tract 1210-7/10 feet to a stake at its southwesterly corner in the east line
of the T. and P. Railway Co. spur track right of way, 50 feet from its tract center at right
angle;
Thence along said right of way line; north 6 degrees-48 minutes west 144-4/10
feet to a stake; north 83 degrees-12 minutes east 25 feet to a stake; and north 6 degrees -
48 minutes west, at 246-9/10 feet an iron rod at the northwesterly corner of said 9-
089/1000 acres tract, and in all 289-4/10 feet to the northwesterly corner of said 0-
843/1000 acre tract in the south line of Camp Bowie Boulevard;
Thence north 63 degrees-28 minutes east along said Camp Bowie Boulevard line
911-4/10 feet to the northeasterly corner of said 0-843/1000 acre tract;
Thence south 26 degrees-32 minutes east along the lines of said Bank tracts and
the westerly line of said Robert Chuckrow tract, at 40 feet an iron rod, and in all 212 feet
to an ixon rod at the southwesterly corner of said Robert Chuckrow tract, and being a
reentrant corner of said 9/089/1000 acres tract;
Thence north 63 degrees-28 minutes east, along the southerly line of said
Chuckrow tract, 200 feet to the place of beginning; and containing 9-932/1000 acres,
more or less, or 432,660 square feet, more or less.
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-five,
City of Fort Worth, Texas
Ordinance Designating Tax Abatement Reinvestment Zone Number Sixty-five,
City of Fort Worth, Texas
City ®f Fort ®rth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/27/2007 -Ordinance No. # 17888-11-2007
DATE: Tuesday, November 27, 2007
LOG NAME: 17SWTSHPRIZ
REFERENCE NO.: G-15981
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Designating Property at 6913 Camp Bowie Boulevard
as Tax Abatement Reinvestment Zone No. 65, City of Fort Worth, Texas
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 65, City of.
Fort Worth, Texas; and
2. Adopt the attached ordinance designating Tax Abatement Reinvestment Zone No. 65, City of Fort Worth,
Texas pursuant to and in accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION:
The proposed Reinvestment Zone No. 65, City of Fort Worth, Texas (Zone) is located at 6913 Camp Bowie
Boulevard in west Fort Worth and is in COUNCIL DISTRICT 3. The exact boundaries of the proposed zone
are described in the map and property description set forth in Exhibit "A" of the attached ordinance. Sweet
Shop Candies, Inc., is being displaced from its current location at 2000 White Settlement Road due to the
Trinity River Uptown Project and is relocating to the proposed site. Pursuant to Resolution No. 3390-07-
2006, the Trinity River Uptown 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.
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 project is located in COUNCIL DISTRICT 3.
Logname: 17SWTSHPRIZ Page 1 of 2
FISCAL- INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Dale Fisseler (6140)
Originating Department Head: Tom Higgins (6192)
Additional Information Contact: Mark Folden (8634)
Logname: 17SWTSHPRIZ Page 2 of 2