HomeMy WebLinkAboutOrdinance 26087-04-2023ORDINANC� NO. 26087-04-2023
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER ONE HUNDRED AND FIVE,
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 MATT�RS FZELATED TO THE ZONE.
WHEREAS, puisuant to the City of Fort Wor�th's ("City") Tax Abatement Policy,
which was adopted by the City Council to be effective on February 28, 2023, by way of
Resolution No. 5709-02-2023 ("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 City more speci�cally described in Exhibit "A" of this Ordinance ("Zone") through
the creation of a reinvestment zone for the put•pose of supporting new business investment
or expansion, as authorized by and in accordance with Chapter 312 of the Code;
WHEREAS, Charhartt, Inc., or an Affiliate, ("Company") wishes to expend or
cause to be expended at least $50 million in real and per•sonal property improvements for
the development of Company's distribution facility to be located in the Zone, (collectively,
the "Improvements");
WHEREAS, Coinpany has applied for a business peisonal property tax abatement
fi•om the City in return for the installation of the Improvements in the Zone and compliance
with certain other employment and spending requirements;
WHEREAS, to foster economic development in the Zone, and the City, in genet•al,
it is anticipated that the City will enter a tax abatement agreement(s) for one oi• more
Improvements within the Zone;
WHEREAS, on April ll, 2023, the City Council held a public hearing regarding
the creation of the Zone, received infor•mation concerning the Improvements proposed for
the Zone, and afforded a reasonable opportunity for• all interested persons to spealc and
present evidence for, or� against, the creation of the Zone ("Public Hearing"), as required
by Section 312.201(d) of the Code;
Page 1
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and Five,
City of Fort Worth, Texas
WHEREAS, notice of the Public Hearing was published in a newspaper of general
circuiation in the City at least seven (7) days prior to the Public Hearing, which satis�es
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, 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 not later than the seventh day before the date of the public
hearing.
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 �ndings of fact:
11. 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 the Zone under Chapter 312 of the Code.
1.2. The Improvements proposed for the Zone, as more speci�cally 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 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 expansion of primary employment and to
attract major investment in the Zone that will be a benefit to propei-ty in the Zone
and will contribute to the economic development of the City.
SECTION 2.
DESIGNATION OF ZONE
That 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 permitting tax abatement as may be found desirable by the
City or any other eligible taxing units for purposes authorized by and in accordance with
Chapter 312 of the Code. This Zone will be lcnown as "Tax Abatement Reinvestment
Zone Number One Hundred and Five, City of Foi•t Worth, Texas." This project is eligible
Page 2
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hwidred and Five,
City of Fort Worth, Texas
for commercial/industrial tax abatements per Section 4 of the Tax Abatement Policy
because it concerns a Target Industry.
SECTION 3.
TERM OF ZON�
The Zone takes effect upon the effective date of this Ordinance and expires five (5)
yeais thereafter. The Zone may be renewed by the City Council for one or more subsequent
tetms not to exceed �ve yeai•s, unless otherwise allowed by law.
SECTION 4.
SEVERABILITY
If any portion, section, or part of a section of this Ordinance is subsequentiy
declared invalid, inoperative, or void for any reason by a court of competent jurisdiction,
the remaining pot•tions, sections or parts of sections of this Ordinance will i•emain 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 takes effect upon its adoption.
APPROVED AS TO FORM
AND LEGALITY:
By: � ��
Tyler F. Wallach
Senior Assistant City Attorney
M&C: 23-0288
ADOPTED AND EFFECTIVE: April 11, 2023
ATTESTED BY:
q:�,,�,�.� b .,�.�{�
u
Jannette S. Goodall
City Secretaiy
Page 3
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and Five,
City of Fort Worth, Texas
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
Being a tract of land in the Chat•les Tydings Survey, Abstract o. 1276, the W illiam Sample Survey,
Abstract No. 1207m the Landen A. Butler Survey, Abstract No. 64 and the Alfi�ed M. King Survey,
abstract No. 710, in the City of Fort Worth, Denton County, Texas, being a part of that called
172.91 acre tract of land described in Special Warranty Deed to Excel Inc., as recorded in
Document No. 33800 (2018) in the Official Records of Denton County, Texas (O.R.D.C.T.), and
being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod with
yellow plastic cap stamped HALFF (hereinafter referred to as with "with cap") for the northwest
corner of said 172.91 acre tract of land; THENCE North 89 degrees 49 minutes 09 seconds East,
along the nor•th line of said 172.91 acre tract of land, a distance of 807.84 feet to a 1/2-inch set iron
rod with cap for the point of curvature of a circular cuive to the left, not being tangent to the
preceding course, having a radius of 303.00 feet, whose chard bears South 65 decrees 23 minutes
25 seconds East, a distance of 48.82 feet; THENCE Southeasterly, continuing along said north line
and along said circular curve to the left, through a central angle of 09 decrees 14 minutes 33
seconds, with an arc length of 48.88 feet to a 1/2-inch set iron rod with blue plastic cap stamped
HALFF ESMT (hereinafter referred to as with "with blue cap") for the point of reverse curvature
of a circular cw•ve to the right, having a t•adius of 363.00 feet whose chard beais South 35 degrees
OS minutes 47 seconds East, a distance of 415.53 feet; THENCE Southeasterly, continuing along
said nol�th line and along said circular curve to the r•ight, through a central angle of 69 degrees 49
minutes 48 seconds, an arc length of 442.41 feet to a 1/2-inch set iron rod with blue cap for corner
being on the east line of said 172.91 acre tract; THENCE South 00 degrees 10 minutes 52 seconds
East, along said east line, a distance of 2,761.13 feet to a 1/2-inch set iron rod with blue cap for
the point of curvature of circular cuive to the right, having a radius of 363.00 feet, whose chord
beais South 03 degrees 47 minutes 38 seconds West, a distance of 50.33 feet; THENCE
Southwesterly, continuing along said east line and along said circular curve to the right, through a
central angle of 07 degrees 57 minutes 00 seconds, an arc length of 50.37 feet to a 1/2-inch set iron
t•od with cap for the common order between the remainder of that called 335.815 acre tract of land
described in Special Wari•anty Deed to Mckelvey-Cole L.P., as recorded in Document No. 2014-
78881 O.R.D.C.T. and the northeast corner of Lot 2, Block 1 of the plat recorded under County
Clerk No. 2018- 154 O.R.D.C.T.; THENCE South 89 degrees 49 minutes 08 seconds West, along
the common line between the sourtherly line of the remainder of said 17291 acre tract and the
north line of said Lot 2, a distance of 1,086.51 feet to a 1/2-inch set iron rod with cap for the
northwest corner of said Lot 2 and being on the west line of said 172.91 acre tract; THENCE Noi�th
00 degrees 10 minutes 52 seconds West, along the west line of said 172.91 acre tract, a distance
of 3,172.55 feet to the POINT OF BEGINNING AND CONTAINING 3,430,602 square feet or
78.76 acres of land, more or less
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City of Fort Worth,
Mayor and
DATE: 04/11/23
M&C FILE NUMBER: M&C 23-0288
LOG NAME: 17EDTARIZ105
SUBJECT
(CD 7/ Future CD 10) Conduct Public Hearing and Adopt the Attached Ordinance Designating Tax Abatement Reinvestment Zone No. 105, City
of Fort Worth, Texas, for Property Located at 16101 Wolff Crossing for Development of a Distribution Center for Carhartt, Inc., or an Affiliate
(PUBLIC HEARING - a. Report of City Staff: Cherie Gordon; 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. 105, City of Fort Worth, Texas, for properly
located at 16101 Wolff Crossing for the development of a distribution center for Carhartt, Inc., or an Affiliate;
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. 105 and to the City after the expiration of any tax abatement agreements; and
3. Adopt the attached ordinance designating Tax Abatement Reinvestment Zone No. 105, 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. 105, City of Fort Worth, Texas (TARZ 105) is for the property located at 16101 Wolff
Crossing in Fort Worth, Texas (Property). A more detailed description of the Property is included as Exhibit A to the attached Ordinance. Carhartt,
Inc., or an Affliate, (Company) is considering leasing the Property to develop a distribution center. The proposed project is anticipated to result in
at least $50 milliion in real and business personal property investment, along with the creation of at least 500 full-time jobs with a minimum salary
of $55,000.00.
Designating this area as a reinvestment zone allows the Ciry the option to enter into a tax abatement agreement with the Company to help faciliate
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 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 105 meets the statutory criteria for designation as a
Tax Abatement Reinvestment Zone beacuse 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 105 that would be a benefit to the Property and that would contribute to the economic
development of the City. Further, the proposed improvements and investments are feasible and practical and would be a benefit to the land to be
included in the TARZ 105 and to the City after the expiration of any tax abatement agreement.
The term of TARZ 105 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 7.
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 b� William Johnson 5806
Originating Business Unit Head: Robert Sturns 2663
Texas
Council Communication
Additional Information Contact: Cherie Gordon 6053