HomeMy WebLinkAboutOrdinance 23100-01-2018 ORDINANCE NO. 23100-01-2018
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER NINETY-SIX, 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 28, 2016 of
Resolution No. 4647-06-2016 (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 development 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 business expansion
tax abatement, as authorized by and in accordance with Chapter 312 of the Code; and
WHEREAS, Raiders Express ("Company") wishes to expend or cause to be
expended at least $13.0 million in real property improvements for the occupancy of a new
office, training, and maintenance facilities to be located in the Zone, and Company intends
to install new taxable tangible business personal property at the facility having a value of
at least$120.1 million (collectively, the "Improvements"); and
Page 1
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety-six,
City of Fort Worth,Texas
f
WHEREAS, Company has applied for real and business personal property tax
abatements from the City in return for the 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 January 30,2018 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 January 21, 2018, 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 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:
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Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety-six,
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 of five(5)years,with an option
to extend for not more than an additional five, but not to exceed 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
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.
Page 3
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety-six,
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 business expansion 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 Ninety-six, City of Fort
Worth, Texas." This project is eligible for commercial/industrial tax abatement pursuant
to Sections 4.1 and 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 not to exceed five years.
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,
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 4
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety-six,
City of Fort Worth,Texas
Section 5.
IMMEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
ADOPTED AND EFFECTIVE: January 30, 2018
APPROVED AS TO FORM AND LEGALITY: CITY
SECRETARY:
By:
Peter Vaky ary J. jsdr
Deputy City Attorney
M&C: G-19218 �-��F Fr)
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Page 5
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety-six,
City of Fort Worth,Texas
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
BEGINNING at a Texas Department of Transportation Monument found for the southwest corner
of the herein described tract, common to the southeast corner of Tract 1 - 5.296 acres
described in the deed to Commission on Church Growth and Development, recorded
Document Number 0210272904 P.R.T.C. T., in the north right-of-way line of U. S. Highway
287 (350' R.O.W.);
THENCE North 00" 24' 25" East - 1221.05';
THENCE South 88' 47' 05" East - 758.35';
THENCE South oo• oo• 00" East- 150.02';
THENCE South 88' 47' 05" East - 115.92';
THENCE South 05' 56' 26" West - 37.40';
THENCE South 05' 57' 04" West - 549.18';
THENCE South 79' 53' 44" East - 530.00';
THENCE South oo• 29. 44" West - 1081.92';
THENCE North 89" 30' 16" West - 419.05';
THENCE North 52" 30' 22" West- 1153.65' along the north right-of-way line of said U. S.
Highway 287, to the POINT OF BEGINNING and containing 42.22 acres of land.
Tax Abatement Reinvestment Zone No.96—Raider Express
FORT WORTH® Vicinity of the Intersection of
Highway 287 and Willow Springs
Road Fort Worth TX 76177
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 113012018'=Ordinance No. 23100-01-2018
DATE: Tuesday, January 30, 2018 REFERENCE NO.: G-19218
LOG NAME: 17ED TARIZ96
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Designating Property in the Vicinity of the Intersection of
Highway 287 and Willow Springs Road as Tax Abatement Reinvestment Zone No. 96, City of Fort Worth,
Texas for a New Office, Training and Maintenance Facility for Raider Express (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing concerning the designation of property in the vicinity of the intersection of
Highway 287 and Willow Springs Road as Tax Abatement Reinvestment Zone No. 96, City of Fort Worth,
Texas, for a new office, training and maintenance facility for Raider Express; and
2. Adopt the attached ordinance designating Tax Abatement Reinvestment Zone No. 96, 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. 96, City of Fort Worth, Texas, is for the property
located in the vicinity of the intersection of Highway 287 and Willow Springs Road for a new office, training
and maintenance facility for Raider Express (Company). The proposed project will result in at least
$133.1 million in real and business personal property investment ($13.0 million for the complex and
$120.1 million in business personal property that will be located at the facility). This site is located in an
area of the City identified in the City's General Tax Abatement Policy (Resolution No. 4647-06-2016) as an
"Area Outside a Target Area".
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 zone 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 area encompassing the proposed Zone meets the statutory criteria for designation as a Tax
Abatement Reinvestment Zone, pursuant to 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.
Logname: 17ED TARIZ96 Page 1 of 2
The proposed Zone is located in COUNCIL DISTRICT 7.
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 this Agreement and the actions in this Mayor and Council
Communication will have no material effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fundl Department ccoun Project JProgram ctivity Budget Reference # moun
i ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Robert Sturns (212-2663)
Additional Information Contact: Brenda Hicks-Sorensen (8178700154)
Logname: 17ED TARIZ96 Page 2 of 2