HomeMy WebLinkAboutOrdinance 20719-04-2013 ORDINANCE NO. 20719-04-2013
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER EIGHTY-SEVEN, 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 12, 2012 of
Resolution No. 4096-06-2012 (the "Tax Abatement Policy"), the City of Fort Worth,
Texas (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 (the "Code"); and
WHEREAS, the City Council desires to promote the redevelopment of the area
in the City more specifically described in Exhibit "A" of this Ordinance (the "Zone")
through the creation of a reinvestment zone for purposes of granting a
commercial/industrial tax abatement, as authorized by and in accordance with Chapter
312 of the Code; and
WHEREAS, Carolina Beverage Group, LLC ("Company") intends to expand its
manufacturing and distribution operations to North Texas by opening a new facility
located on the land within the Zone, which is owned and will be leased to Company by
AT Industrial Owner 7 LLC ("AT"); and
Ordinance No. 20719-04-2013
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WHEREAS,AT intends to expend or cause to be expended at least $5,000,000 in
real property improvements to the land in the Zone and Company intends to expend or
cause to be expended at least $36,000,000 on non-inventory, non-supply taxable business
personal property to equip the new manufacturing and distribution facility (collectively,
the"Improvements"); and
WHEREAS, AT and Company have applied for real and personal property tax
abatement, respectively, from the City in return for the completion and installation of the
Improvements in the Zone and compliance with certain other employment and spending
commitments that will foster economic development in the Zone and the City in general;
and
WHEREAS, on April 23, 2013 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
WHEREAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City on April 15, 2013, 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
Ordinance No. 20719-04-2013
Page 2 of 7
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 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.
1.3. 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
Ordinance No.20719-04-2013
Page 3 of 7
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.
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 commercial/industrial 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 Eighty-Seven, City of
Fort Worth, Texas." This project is eligible for commercial/industrial tax abatement
pursuant to Section 4.2 of the Tax Abatement 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,
Ordinance No.20719-04-2013
Page 4 of 7
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.
Section 5.
IMMEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
ADOPTED AND EFFECTIVE: April 23, 2013
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Deputy City Attorney
M&C: G-17876
Ordinance No.20719-04-2013
Page 5 of 7
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
Being a tract of land situated in the Jose Chirino Survey, Abstract Number 265, Tarrant County,
Texas, and being that certain tract of land described by Deed to Alliance Gateway No, 18. LTD., as
recorded in County Clerk's File Number D207146924, Deed Records, Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
Commencing at the southwest corner of Lot 3, Block 2, Alliance Gateway South Addition, as
recorded in Cabinet A, Slide 6208, Plat Records, Tarrant County, Texas, from which a '/2 inch iron
rod with plastic cap stamped "Halff & Assoc." bears N 10'45'02"W , 0.31 feet, said point being in
the north right-of-way line of Westport Parkway(A 120' Right-of-Way),
Thence N 89'38'48"W, 130.02 feet along the north right-of-way line of said Westport Parkway to a
% inch iron rod with plastic cap tamped"Carter& Burgess"set for the point of beginning,
Thence N 89'38'48"W, 674.44 feet continuing along the north right-of-way line of said Westport
Parkway to a % inch iron rod with plastic cap stamped "Carter& Burgess"set at the beginning of a
curve to the right,
Thence continuing along said right-of-way line and with said curve to the right, an arc distance of
121.33 feet, through a central angle of 07'01'18" having a radius of 990.00 feet, the long chord of
which bears N 86008'09"W, 121.25 feet to a % inch iron rod with plastic cap stamped "Carter &
Burgess"set at a reverse curve to the left,
Thence continuing along said right-of-way line and with said reverse curve to the left, an arc
distance of 74.76 feet, through a central angle of 0700118" having a radius of 610.00 feet, the long
chord of which bears N 86'08'09"W, 74.71 feet to a % inch iron rod with plastic cap stamped
"Carter& Burgess"set,
Thence N 89038'48"W, 150.24 feet continuing along said right-of-way line to a % inch iron rod with
plastic cap stamped 'Carter & Burgess" set at the beginning of a curve to the right, being the
southerly end of a corner clip found at the intersection of the north right-of-way line of said
Westport Parkway and the east right-of-way of Park Vista Boulevard (A 120' right-of-way),
Thence along said corner clip and with said curve to the right, an arc distance of 141.48 feet,
through a central angel of 90004'02" having a radius of 90,00 feet, the long chord of which bears N
44"36'47"W, 127.35 feet to a % inch iron rod with plastic cap stamped "Carter & Burgess" set,
being in the east right-of-way line of said Park Vista Boulevard,
Thence N 00025'13"E, 712,89 feet along the east right-of-way line of said Park Vista Boulevard to
a% inch iron rod with plastic cap stamped "Carter& Burgess"set,
Thence S 89*38'48"E, at 765.38 feet pass the southwest corner of Lot 3, Block 3, Alliance
Gateway South Addition, as recorded in Cabinet A, Slide 7242, and then along the south line of
said Lot 3, Block 3, Alliance Gateway South Addition, in all 1109.44 feet to a 5/8 inch iron rod with
plastic cap stamped 'Carter& Burgess" set,
Thence S 00°21'12"W, 815.00 feet to the point of beginning and containing 898,871 square feet or
20.635 acres of land more or less.
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved can 4/23/2013 -Ordlnance,,,No, 28719-04-2 51
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DATE: Tuesday, April 23, 2013 REFERENCE NO.: G-17876
LOG NAME: 17RIZ87TACBG
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance Designating Tax Abatement Reinvestment Zone No. 87,
City of Fort Worth, Texas, for Property Located at 13300 Park Vista Boulevard to Facilitate Development of
a Manufacturing and Distribution Facility to be Leased by Carolina Beverage Group, LLC (COUNCIL
DISTRICT 2)
_... ...... ....
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 87,
City of Fort Worth, Texas; and
2. Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No. 87, 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. 87, City of Fort Worth, Texas, is for the property
located at 13300 Park Vista Boulevard. Carolina Beverage Group, LLC, is considering expanding its
manufacturing and distribution operations to this location. This property is owned by AT Industrial Owner
7 LLC, and will be leased to Carolina Beverage Group, LLC. The proposed project will result in at least$5
million in real property improvements to the site and the installation of at least $36 million in taxable
tangible business personal property within the new facility.
As required by Chapter 312 of the Texas Tax Code, a public hearing must be conducted regarding the
creation of a Reinvestment Zone. The exact boundaries of the proposed zones are described in Exhibit A
of the attached ordinance. Notice of this hearing was delivered to the governing body of each affected
taxing unit and published in a newspaper of general circulation at least seven days prior to this hearing.
The areas encompassing the proposed Zone meet the statutory criteria for designation as a Tax
Abatement Reinvestment Zone, pursuant to Chapter 312 of the Texas Tax Code, in that the areas are
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.
Logname: 17RIZ87TACBG Page 1 of 2
The proposed Zone is located in COUNCIL. DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/C enters
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Robert Sturns (8003)
Logname: 17RIZ87TACBG Page 2 of 2