HomeMy WebLinkAboutOrdinance 25005-08-2021 ORDINANCE NO. 25005-08-2021
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
EXTRA-TERRITORIAL JURISDICTION OF THE CITY OF FORT
WORTH AS "TAX ABATEMENT REINVESTMENT ZONE
NUMBER ONE HUNDRED AND 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.
WHEREAS,pursuant to the City of Fort Worth's("City")Tax Abatement Policy,
which was adopted by the City Council to be effective on January 29, 2021 by way of
Resolution No. 5342-02-2021 ("Tax Abatement Policy"), 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("Code");
WHEREAS, the City Council desires to promote the development of the area in
the extra-territorial jurisdiction of the City more specifically described in Exhibit "A" of
this Ordinance ("Zone") through the creation of a reinvestment zone for purposes of
facilitating one or more tax abatement agreements as may be found desirable by the City,
Tarrant County, Parker County, or any other eligible taxing unit for the purposes of
supporting new business investment or expansion,as authorized by and in accordance with
Chapter 312 of the Code;
WHEREAS, Rivian Automotive, LLC, or an Affiliate, ("Company") wishes to
expend or cause to be expended at least $2 billion in real property improvements for the
construction of a new vehicle manufacturing facility and associated industrial facilities
located in the Zone, and Company intends to install new taxable tangible personal business
personal property have a value of approximately $3 billion in such facilities (collectively,
"Improvements");
WHEREAS, Company expects that the Improvements will create at least 7,500
full-time jobs once the facilities are constructed;
Page 1
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and One,
City of Fort Worth,Texas
WHEREAS,to foster economic development in the Zone,and the City, in general,
including the City's extra-territorial jurisdiction, it is anticipated that the City, Parker
County, Tarrant County, or any other eligible taxing units may wish to enter into one or
more tax abatements for one or more Improvements within the Zone;
WHEREAS,on August 17,2021,the City Council held a public hearing regarding
the creation of the Zone, received information concerning intended growth and
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;
WHEREAS,notice of the Public Hearing was published in a newspaper of general
circulation at least seven (7) days prior to the Public Hearing, which satisfies the
requirement of Section 312.201(d)(1)of the Code; and
WHEREAS, in accordance with Sections 312.201(d)(2) and (e), of the Code,
notice of the Public Hearing was also 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.
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
Page 2
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and One,
City of Fort Worth,Texas
included in the Zone as well as the City for a period of more than ten (10) years,
which is the statutory maximum term of any tax abatement agreement entered into
under the Chapter 312 of the Code.
1.3. As a result of designation as a reinvestment zone, the area within the Zone is
reasonably likely to contribute to the retention or 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.
The City Council 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 permitting one or more tax abatements as may be found
desirable by the City, Tarrant County Parker County, or any other eligible taxing unit for
the purposes authorized by and in accordance with Chapter 312 of the Code. This Zone
will be known as "Tax Abatement Reinvestment Zone Number One Hundred and One,
City of Fort Worth, Texas." Any projects considered for abatement by the City, Tarrant
County, Parker County, or any other eligible taxing unit must comply with all applicable
laws and guidelines and criteria adopted by each respective entity, as applicable.
SECTION 3.
TERM OF ZONE.
The Zone takes 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 not to exceed five years.
SECTION 4.
SEVERABILITY.
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 will be and remain
in full force and effect and will not, in any way, be impaired or affected by such decision,
opinion, or judgment.
Page 3
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and One,
City of Fort Worth,Texas
SECTION 5.
IMMEDIATE EFFECT.
This Ordinance takes effect upon its adoption.
ADOPTED AND EFFECTIVE: August 17, 2021
APPROVED AS TO FORM ATTESTED BY:
AND LEGALITY:
By:)A. ? G
Tyler F Wallach Ronald P. Gonzales
Senior Assistant City Attorney Acting City Secretary
M&C:21-0571
OF FoR.,,
V� O
AS
Page 4
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and One,
City of Fort Worth,Texas
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
Reinvestment Zone No. One Hundred and One will consist of the property described in the
following metes and bounds:
Being approximately 1,927.9 acres situated in Parker County and Tarrant County,
Texas, and being a portion of that certain called 3,802.9-acre tract of land described in
Volume 193, Page 335 (first tract) of the Deed Records, Parker County, Texas, and
being more particularly described as follows:
Beginning the most southerly southeast corner of said 3,802.9-acre tract, same being
in the west line of the Markum Ranch, same also being in the north right-of-way line of
the Texas & Pacific Railroad, same also being generally located SOUTH 150 34' 27"
WEST, 16,118.43 feet from the most south southwestern corner of Lot 1, Block 2
Walsh Ranch according to the plat recorded in County Clerk's Document Number
D201830249 O.P.R.P.C.T. at the intersection of Walsh Ranch Parkway and Highland
Hills Drive;
THENCE leaving said west line and along said north right-of-way line and the southerly
line of said 3,802.9-acre tract the following courses and distances:
NORTH 770 15' 00" WEST, 213.89 feet;
NORTH 800 00' 00" WEST, 2,044.45 feet;
NORTH 820 10' 00" WEST, 555.56 feet;
SOUTH 710 30' 00" WEST, 79.17 feet;
NORTH 790 51' 00" WEST, 478.89 feet;
NORTH 820 11' 00" WEST, 327.23 feet;
NORTH 860 51' 00" WEST, 222.23 feet;
SOUTH 890 11' 00" WEST, 222.23 feet;
SOUTH 850 15' 00" WEST, 184.73 feet;
SOUTH 840 43' 00" WEST, 4,425.71 feet;
SOUTH 050 17' 00" EAST, 73.91 feet;
SOUTH 840 43' 00" WEST, 1,115.83 feet;
SOUTH 790 50' 00" WEST, 329.17 feet;
SOUTH 730 30' 00" WEST, 222.23 feet;
SOUTH 650 34' 00" WEST, 222.23 feet;
SOUTH 590 25' 00" WEST, 222.23 feet;
NORTH 000 30' 00" WEST, 61.12 feet;
SOUTH 570 42' 00" WEST, 2,427.78 feet to the southwest corner of said
3,802.9-acre tract, same being in an east line of the Dean Ranch;
THENCE NORTH 000 23' 2 1" EAST, leaving said north right-of-way line and southerly
line and along said west line, 8,466.18 feet to a point;
THENCE leaving said west line the following courses and distances:
SOUTH 860 00' 3 1" EAST, 2,292.99 feet;
Page 5
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and One,
City of Fort Worth,Texas
NORTH 340 24' 57"EAST, 899.03 feet;
NORTH 670 06' 05"EAST, 530.42 feet;
SOUTH 610 053' 08" EAST, 537.42 feet;
SOUTH 050 44' 14" WEST, 443.75 feet;
SOUTH 300 02' 57" WEST, 723.32 feet;
SOUTH 120 30' 06" WEST, 919.83 feet;
NORTH 340 24' 57" EAST, 854.85 feet;
EAST 444.33 feet;
NORTH 300 45'46" WEST, 242.98 feet;
NORTH 430 20' 39" EAST, 511.23 feet;
SOUTH 480 39' 47" EAST, 553.50 feet;
NORTH 160 20' 58" EAST, 422.39 feet;
NORTH 380 18' 21" WEST, 442.99 feet;
NORTH 11° 57' 45" WEST, 146.57 feet;
NORTH 250 18' 12"EAST, 390.94 feet;
NORTH 830 01' 34" EAST, 163.51 feet;
SOUTH 690 06' 50" EAST,467.48 feet;
NORTH 210 43' 56" WEST, 475.55 feet;
NORTH 510 39' 04" EAST, 248.08 feet;
SOUTH 830 36' 00" EAST, 266.48 feet;
NORTH 140 19' 55" EAST, 131.00 feet;
NORTH 270 37' 41" WEST, 506.43 feet;
THENCE NORTH 330 57' 31" EAST, 360.66 feet to a point in the herein described
tract, same being in the southerly right-of-way line of Interstate Highway No.20;
THENCE along said southerly right-of-way line the following courses and distances:
SOUTH 470 46' 00" EAST, 1,038.68 feet;
SOUTH 640 28' 00"EAST, 313.21 feet;
SOUTH 470 46' 00"EAST, 160.00 feet;
SOUTH 160 49' 00"EAST, 116.62 feet;
SOUTH 470 46' 00"EAST, 350.00 feet;
SOUTH 640 28' 00"EAST, 208.81 feet;
SOUTH 470 46' 00"EAST, 789.12 feet to the beginning of a curve to the left
having a central angle of I P 36' 32", a radius of 5,984.58 feet and a chord
bearing and distance of SOUTH 53' 53' 44"EAST, 1,210.48 feet;
With said curve to the left for an arc distance of 1,212.55 feet;
SOUTH 590 42' 00"EAST, 523.34 feet;
SOUTH 530 07' 00"EAST, 296.93 feet;
SOUTH 440 07' 00" EAST, 383.70 feet;
SOUTH 430 3 P 00"EAST, 98.21 feet;
SOUTH 580 22' 00"EAST, 249.39 feet;
SOUTH 710 48' 00"EAST, 221.51 feet;
SOUTH 820 50' 00"EAST, 222.43 feet;
NORTH 82044'00"EAST, 231.74 feet;
NORTH 740 57' 00"EAST, 354.15 feet;
Page 6
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and One,
City of Fort Worth,Texas
NORTH 800 39' 00"EAST, 264.37 feet;
SOUTH 890 28' 00"EAST, 352.28 feet;
SOUTH 820 56' 00"EAST, 1,089.19 feet;
SOUTH 000 55' 00" WEST, leaving said southerly right-of-way line, 5,272.47 feet to the
POINT OF BEGINNING and containing 83,978,898 square feet or 1,927.9 acres of
land.
Page 7
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and One,
City of Fort Worth,Texas
2 a
a
Ln
Ln
CL
LS
FA
_ L.L uL C o
,a
X a4 t' 1 N b �Ate+. q4_
C N
k
lu
In
CL
}� Q N •� �, Q M�a ; dye% � � A
t4e 45.<, lA'.?^i. ) c IA
ii� r0'•Q CN a.ti j , p( biO
� L < <
�
i
IAN
rd '• „'.
�3 6
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 08/17/21 M&C FILE NUMBER: M&C 21-0571
LOG NAME: 17EDTARIZ101
SUBJECT
(CD 3)Conduct Public Hearing and Adopt the Attached Ordinance Designating Tax Abatement Reinvestment Zone No. 101,City of Fort Worth,
Texas,for Property Located in the City of Fort Worth's Extra-Territorial Jurisdiction Near the Intersection of Interstate-20 and Bentley Road for
Construction of a Vehicle Manufacturing Facility and Associated Industrial Facilities
(PUBLIC HEARING-a.Report of City Staff: Michael Hennig;b.Public Presentations;c.Council Action:Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1.Conduct a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 101,City of Fort Worth,Texas,for property
located in the City of Fort Worth's Extra-Territorial Jurisdiction near the intersection of Interstate-20 and Bentley Road for the construction of a
vehicle manufacturing facility and associated industrial facilities;
2. Find that the intended improvements,which are set forth in more detail below,are feasible and practical and would be a benefit to the land to be
included in Tax Abatement Reinvestment Zone No. 101 and to the City after the expiration of any tax abatement agreements;and
3.Adopt the attached ordinance designating Tax Abatement Reinvestment Zone No.101,City of Fort Worth,Texas,pursuant to and in accordance
with Chapter 312 of the Texas Tax Code.
DISCUSSION:
The proposed Tax Abatement Reinvestment Zone No. 101,City of Fort Worth,Texas is for the property located near the intersection of Interstate-
20 and Bentley Road in the extra-territorial jurisdiction of the City of Fort Worth("City"). A more detailed description of the property is included as
Exhibit A to the attached Ordinance. Rivian Automotive,LLC,or an Affiliate, (Company)is considering the construction of a vehicle manufacturing
facility and associated industrial facilities at this site. The proposed project is anticipated to result in at least$5 billion in real and business
personal property investment($2 billion for construction of the facilities and$3 billion in business personal property that will be installed at the
facilities),along with the creation of approximately 7,500 full-time jobs.
Designating this area as a reinvestment zone allows the City,Tarrant County,Parker County,and any other eligible taxing unit the option to enter
into tax abatement agreements with the Company to help facilitate development within this area.
As required by Chapter 312 of the Texas Tax Code,a public hearing must be conducted regarding the creation or expansion of a Reinvestment
Zone.Notice of this hearing was delivered to the presiding officer of the governing body of each affected taxing unit and published in a newspaper
of general circulation at least seven days prior to this hearing.
Pursuant to Chapter 312 of the Texas Tax Code,the area encompassing the proposed TARZ 101 meets the statutory criteria for designation as a
Tax Abatement Reinvestment Zone because the area is likely,as a result of the designation,to contribute to the retention or expansion of primary
employment or to attract major investment in TARZ 101 that would be a benefit to the property and that would contribute to the economic
development of the City. Further,the intended improvements and investments are feasible and practical and would be a benefit to the land to be
included in TARZ 101 and to the City after the expiration of any tax abatement agreement.
The term of the proposed TARZ 101 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 unless otherwise allowed by law.
The proposed zone is located in COUNCIL DISTRICT 3.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office by: Jay Chapa 5804
Originating Business Unit Head: Robert Sturns 2663
Additional Information Contact: Michael Hennig 6024
Expedited