Loading...
HomeMy WebLinkAbout(0053) TA_REINVESTMENT_ZONE_101.WALSH.PDFORDINANCE NO. 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: APPROVED AS TO FORM AND LEGALITY: I: Tyler F Wallach Senior Assistant City Attorney M&C: ATTESTED BY: Ronald P. Gonzales Acting City Secretary 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 15' 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 1500" 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 1500" 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 110 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' 5 5 " EAST, 13 1. 00 feet; NORTH 270 3741" WEST, 506.43 feet; THENCE NORTH 330 57' 3 1 " 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 3l' 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 80" 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