HomeMy WebLinkAboutOrdinance 17108-08-2006ORDTNANCE NO. 171Q8-4$-2.0.0..6...
AN ORDINANCE DESIGNATTNG A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER FIFTY-FIVE, CITY OF FORT
WORTH, TEXAS"; PROVIDING THE EFFECTIVE AND
EXPIRATION DATES FOR THE ZONE AND A MECHANTSM
FOR RENEWAL OF THE ZONE; AND CONTAINING OTHER
MATTERS RET.ATED TO THE ZONE.
WHEREAS, pursuant to the City Council's adoption on 3une 13, 2006 of
Resolution No. 3363-06-20062 (M&C G-15213} (the "Tax Abatexaaent 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 govez~rting 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 development of the area in
the City mare specifically described in Exhibit "A" of this Ordinance (the "Zone"}
through the creation of a reinvestment zone for purposes of granting a residential tax
abatement, as authorized by and in accordance with Chapter 312 of the Code; and
WHEREAS, ConAgra Foods Packaged Foods Company Inc., ("Coxupany"),
owns or is under contract to purchase real property in the Zone and has applied far a real
and personal property tax abatement from the City in return for construction of a food
amanufacturing and distribution facility on that property ("Trnprovements") and
compliance with certain other commitments that will foster economic development in the
Zone and the Gity in general; and
Page 1
Qrdinance Designating Tax Abatement Reinvestment Zane Number Fifty-Five,
City of Fort worth, Texas
WHEREAS, on August 22, 2006 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 far all interested persons to
speak and present evidence far or against the creation of the Zone (`bI'ublic Hearing"},
as required by Section 312.201(d) of the Code; and
V6'HEItEAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City an August 14, 2006, 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 prapased Zane;
NOW, THEREFORE, BE IT ORDAINED EY THE CITY C®UNCIL ®F
THE CITY ®F FOIZT W®RTII, TEXAS:
Section I.
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
Zane, the City Council hereby makes the following findings of fact:
Page 2
ordinance Designating Tax Abatement Peinvestment Zone Number Fifty-Five,
City of Fart Worth, Texas
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. 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.
1.3. The Improvements proposed far the Zone, as more specifically outlined in 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, include
construction of new manufacturing facilities in the Zone. The Improvements 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.
Section 2.
DESIGlelE1.TI®N OF Z®NE.
That the City Council hereby designates the Zone described in the boundary
description attached hereto as Exhibit "A99 and made a part of this Ordinance for all
purposes as a reinvestment zone for purposes of granting a residential tax abatement, as
authorized by and in accordance with Chapter 312 of the Code. This Znne shall be
Page 3
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-Five,
City of Fort Worth, Texas
known as "Tax Abatement Reinvestment Zone Nutxiber Fifty-Fire, City of Fort Worth;
Texas." This project is eligible for commercial/industrial tax abatement pursuant to
Section 4.1 of the Tax Abatement Policy.
Section 3,
TETdM OF ZONE,
That the Zone shall take effect upon the effective date of this Ordinance and
expire five {S) 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.
SE`TEItASII,i'I'Y.
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 anal 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.
AND IT IS SO OItDAIISEl~.
Page 4
Ordinance Designating Tax Abatement Rein~estrnent Zone Number Fifty-Five,
City of Fort Werth, Texas
ADOP'T'ED AND EFFECTTVE: Au~€~st 22, 2006
APPROVED AS TO FORM AND I EGALTTY:
By: ~~
Peter Vary
Assistant City Attorney
M&C: G-15365
Page 5
C3rdinance Designating Tax Abatement Reinvestment Zpne Number Fifty-Five,
City of Fort Werth, Texas
EXI~1[BIT 66A!!
BOUNDAitY Y3ESCRIPTION OF ZONE
BEING a tract of land in the S.A. & M. G. Railroad Company Survey, Abstract Na.
1454, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land
{Tract I), as described in deed to Meacham Rail 191. Limited Partnership, as recorded in
Volume 12819, Page 563, of the Deed Records of Tarrant County, Texas (D.R.T.C.T.),
and being all of Lot 2, Block 2 of Railhead Fort Worth Phase IV addition, an addition to
the City of Fart Worth, recorded in Cabinet A, Page 6879, Plat Records of Tarrant
County, Texas, and being more particularly described as follows:
BEGINNING at a 112-inch iron rod with a cap stamped "Wier & Assoc., Inc." found at
the southeasterly corner of said Lot 2, Black 2, said point being at the intersection of the
westerly line of Gold Spike Drive right-of-way (68 feet wide) and the northerly line of
Meacham Boulevard right-of-way, (variable width), said paint being the beginning of a
curve to the left having a radius of 1583.91 feet and whose chord bears South 87 degrees
58 minutes 56 seconds West, a distance of 102.91 feet;
THENCE Westerly along said northerly right-af-way line and along said carve to the left,
through a central angle of 03 degrees 43 minutes 24 seconds, for an arc distance of
10293 feet to a 112-inch iron rod with a yellow plastic cap stamped "Halff Assoc., Inc."
(hereafter referred to as "with cap") set far corner;
THENCE South 88 degrees 31 minutes 22 seconds West, continuing along said northerly
right-af--way line, a distance of 51.60 feet to a 112-inch iron rod with cap set at the
beginning of anon-tangent curve to the left having a radius of 1586.91 feet and whose
chard bears South 73 degrees 38 minutes 51 seconds West, a distance of 584.47 feet;
THENCE Westerly, continuing along said northerly right-of-way line and along said
curve to the left, through a central angle of 21 degrees 13 minutes 2S seconds, for an arc
distance of 587.83 feet to a 1/2-inch iron rod with cap set far the point of tangency;
THENCE South 63 degrees 02 minutes 07 seconds West, continuing along said northerly
right-of-way line, a distance of 113.37 feet to a point far career from which a 112-inch
iron rod found bears South OS degrees 32 minutes 08 seconds East, 0.66 feet, said paint
being an the easterly right-of--way line of a C.R.I. & G. Railway Co. tract (100 feet wide);
THENCE North 27 degrees 10 minutes 09 seconds West, departing said northerly right-
of-way line and along said easterly right-of-way line, a distance of 39.52 feet to a point
for corner from which a 112-inch iron rod found bears North 33 degrees 36 minutes 43
seconds West, 0.89 feet, said point being the point of curvature of a circular curve to the
right having a radius of 56$0.15 feet and whose chord bears North 20 degrees 41 minutes
0$ seconds West, a distance of 1282.88 feet;
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-Five,
City of Fort Worth, Texas
THENCE Northerly continuing along said easterly right-of-way line and along said curve
to the right, through a central angle of 12 degrees 58 minutes 05 seconds, for an arc
distance of 1285.61 feet to a point for corner from which a 112-inch iron with a "Trap
Carp" eap bears North 29 degrees 45 minutes 14 seconds West, 0.95 feet, said paint
being the northwest corner of said Lot Z and the southwest corner of Lot 1 of said Block
2;
THENCE Sauth 89 degrees 29 minutes 48 seconds East, departing said easterly right-af-
way line and along the common line between said Lots 1 and 2, a distance of 1293.62
feet to the POINT 4F BEGINNING AND CONTAINING 1,207,23b square feet ar
27.714 acres of land, more ar less.
Qrdinance Designating Tax Abatement Reinvestment Zone Number Fifty-Five,
City of Fort Worth, Texas
Cr`~y ®f ~~~t uv~~, re.~~s
Mayor and Council Communication
COUNCIL. ACTION: Approved on 8/22/2006 -Ordinance N®. 17108-08-2006
®ATE: Tuesday, August 22, 2006
L®C NAME: 17ZONE-55 REFERENCE NOe: G-15365
SUBJECT:
Adopt Ordinance Designating Tax Abatement Reinvestment Zone No. 55, City of Fort Worth, Texas
RECOMMEN®ATiON:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 55, City of
Fort Worth, Texas; and
2. Ciose public hearing and adapt the attached ordinance that designates Tax Abatement Reinvestment
Zone No. 55, City of Fart Worth, Texas, pursuant to and in accordance with Chapter 312 of the Texas Tax
Cade.
®11SCUSSiION:
The proposed Reinvestment Zone Number 55, City of Fort Worth, Texas (Zone) is in north Fart Worth in the
Railhead Industrial Park and is in Council District 2. The exact boundaries ofi the proposed zone are
described in Exhibit A of the attached ordinance. ConAgra Foods Packaged Foods Company Inc., is
considering development of this site into a food manufacturing and distribution facility.
As required by Chapter 312 afi the Texas Tax Code, a public hearing must be conducted regarding the
creation of the Zone. Native 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 far 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 Zane that would be a benefiit to the praperry 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 Zane 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.
FISCAL INFORMATIONICERTtFtCAT10N:
Lagnatne: 17ZONE-SS Page 1 of 2
The Finance Director certifies that this action will have r~o material effect an City funds.
TO Fun Account/Centers FROM Fund/Account/Centers
Submitted for Cit Mana er's Office b Dale Fisseler (6140)
Oriiginatittg Department Head: Tom Higgins (6~ 92)
Additional Information Contact: Robert Sterns (8634)
Lagname: 17ZONE-55 Page ~ of ~