HomeMy WebLinkAboutOrdinance 17311-12-2006ORDINANCE NO. 17311-12 -2006
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER. FIFTY - 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 13, 2006 of
Resolution No. 3363 -06 -20062 (M &C G- 15213), as subsequently amended, the City of
Port Worth, Texas (the "City ") has elected to be eligible to participate in tax abatement,
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, pursuant to the City Council's adoption on December 20, 2005 of
M &C G -15045 (the "Relocation Incentives Policy "), the City has included tax
abatement as one of the incentives that may be made available to businesses that are
displaced and must relocate due to a Major Public Infrastructure Project, as that term is
defined in the Relocation Incentives Policy; and
WHEREAS, pursuant to the City Council's adoption on July 18, 2006 of
Resolution No. 3390 -07 -2006, the City Council has found that the Trinity River Uptown
Project, as defined in Resolution No. 3390 -07 -2006, is a Major Public Infrastructure
Project and that, therefore, businesses that are displaced and must relocate on account of
the Trinity River Uptown Project are eligible for incentives pursuant to and in accordance
with the Relocation Incentives Policy; and
Page I
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty- Seven,
City of Fore Worth, Texas
WHEREAS, DPW K &H Real Estate, LLC owns the property located at 930 N.
Henderson St., from which American Auto Salvage, Inc., an affiliated entity, operates its
business (DPW K &H Real Estate, LLC and American Auto Salvage, Inc. hereinafter
referred to as "Company "); and
WHEREAS, Company has been notified by Tarrant Regional Water District that
Company will be displaced by the Trinity River Uptown Project; and
WHEREAS, Company desires to relocate its business to property located at
2567 Decatur Ave., as more specifically described in Exhibit "A" of this Ordinance (the
"Zone "), which is located within that area of the City defined by the Relocation
Incentives Policy as Area 1; and
WHEREAS, as a result of Company's relocation to the Zone, Company qualifies
for tax abatement under the Relocation Incentives Policy; and
WHEREAS, on October 9, 2006 Company applied for a real property tax
abatement and certain other incentives from the City under the Relocation Incentives
Policy; and
WHEREAS, Company will need to make certain improvements to the property
within the Zone in order to operate its business there, which improvements are more
specifically described in Company's Relocation Incentives Application (collectively, the
"Improvements"); and
WHEREAS, on December 12, 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 for all interested persons to
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Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty- Seven,
City of Fort Worth, Texas
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 December 5, 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 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
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Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty- Seven,
City of Fort Worth, 'texas
established by the Code for creation of a reinvestment zone under Chapter 312 of
the Code.
1.2. Once Company has completed the Improvements to the property within the Zone,
Company will be able to retain the 24 current employees that Company now
employs at the location from which it is being displaced and will have space to
hire an additional 10 employees.
1.3. Designation of the Zone as a reinvestment zone will enable Company to receive a
real property tax abatement that will assist Company in offsetting costs it must
incur solely due to its displacement by the Trinity River Uptown Project and will
cause Company to redevelop property in the Zone for commercial purposes that
would not otherwise occur. Therefore, 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.
1.4. The Improvements proposed for the Zone, as more specifically outlined in
Company's Relocation Incentives Application and 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, 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.
Page 4
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty- Seven,
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 a real property 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 Fifty - Seven, City of Fort Worth,
Texas." This project is eligible for commercial /industrial tax abatement pursuant to the
Relocation Incentives 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.
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 5
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty- Seven,
City of Fort Worth, Texas
Section S.
IMMEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
_I 0"I
ADOPTED AND EFFECTIVE: December 12, 2006
APPROVED AS TO FORM AND LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: G -15526
Page 6
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty- Seven,
City of Tort Worth, Texas
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
LEGAI. DESCRIPTION
mcr 1
16.0176 Arxes
E. Little Survey, Abstract No. 954
City of Port Worth, Tarrant coam, Texas
8E1NG a tract of land skoated ir+ the E. Uttta aurvey, Abstract No, 954, in. the City of Fort Vlrorih, Tarrant County, 'Texas, and laetng part
of Block 2 of FORT WORTH STOCKYARDS COMPANY. recorded in rlofunle 388 -A, Pages 711 and 111A of the flat Records of
Tarrant County, Texas acrd being pail of the 17.1943 acre fract describes! as the East Tract in the deed to Rancho Vista Bevefoprnent
Company, recorded in Volume 49783, Page 0457 of the .Deed Records of Tarrant County, Texas, and being rncfe particularly desoribed
as follows (Bearing system based on the monument found along, the west figfrt -tit vray iina of DacatwAvenue as described in deed
recorders in Volume 08783, Page 0467 of the heed Records of Tarrant County, Texas).,
BEGINNING at a 3"X 3" concrete monument found in the westerly rigiitof way litre of VpcatiurAvenue (a variable width public ROW) for
the most southerly corner of the befbrementioned Block 2 of FORT WORTH STOCK YARDS COMPANY,
THI NCtc with the said votes tertyright- of-way line, South 0150'13 " West, a distance of315.82 feet to a 518" iron ro d found for i re
southeast corner of the beforern,VIn6aned 171W sore tract,'
THENCE with the southerly line, of the 17,643 acre tract. South 73 °31' 8' West, a distance of 483.97 feet to a 518" iron rod ser Wth a
plastic cap stamped "KNA" for c omear;
THENCE with the east hire of the 1,84 acre tract of land desnrified in deed to Port Wixth and Western railroad Company, recorded in
Yatuma 15496 Page 039.3 of tha Deed Records of Tarrant County, Texas, the following courses and distances to wit.
- -North 06 °0B 26" West a distance of 560,46 feet to a 5!8" iron rod set with a ptastic cap stamped "KHA" for the beginning of a curve to
the right,'
-- Northerly, with the said curve tc the right, through a central angle of 72W*14 ", having a radius of 5'50.00 feet and a chord b=, wing and
distance of North 0010 1191 West, 115.02 feet an arc distance of 11523 feet to a 518" fron rod set with a plastic cap stamped XHA for
comer in the westady line of the, 77.843 acre tract`
THENCE with the westerly tine of said 77.843 acre tract, the following courses and distances to wit.,
- -Ntirih 17'46 44" Eas €, a distsnve of 37,48 feet to a 112" iron pipe found in concrete for comer,
-North o8 *08'03" Bast, a distance of"268.21 feet to a 112" iron rod found for ttm most westerly comer of ekr * 2 of FORT WORTH
STOCK YARDS COMPANY,•
THENCE confinuing with the said westerly fine of the 17.843 acre tract and the weslefiy line of Block 2 of FORT WORTH STOCK
YARDS COMPANY, the fatlb v rg courses and distances to wit
-- North 78 °423?"' East, a distance of 184.62 feet to a 112" iron rod round for the beginning ofa curve go the left;
Northerly, with the said curve to the led; through a control angle of 14 °2553 ", having a radius of 193&02 feet and a chord berating and
distance. of North 0.9 2835" Eas;. 486.09 feet; an arc distance of487.38 feet toa 518"iron roof set with a plastic cap stamped ' KHA" far
the northwest comefof the said 17.843 safe pact and toe southwest comer of the 1.84 acre tract oflaod described in deed to roil Worth
Grain & Cotton Exchange, retttnJed in Volume 2989, Page 268 of the Deed Records of Tarrant County, Texas;
THENCE with the common line of the said tracts, South 90 °00'00" East, a eistares of298.46 feet to a 6M" iron rod set with a ,plastic cap
,stamped KNA "in the westerly rght -o` saucy lino of Dowtur Avenue (a va abla with p"d POW) for the northeast corner of the 97.843
acre tract;
THENCE with the said weestedyright- of-wey line of sold Decatur Avenue, the following courses and distances to WI:
-South 06 15330" 1"asf, a distance of $0.55 feet to a point near a telephone riser for corner,
-North 90 °0000" West, ar distance of 10.07 feet to a 912" iron rod found for corner;
- -South 06 37VO" East, a distance of 451.63 feet to a 112' from rod found for carrier;
-South 01 52'00" West a distanca of$9,71 feet to a 112 "iron reed found for comer;
-South 89 °05'00" East, a distance of 10.00 feet to to 112" lron rod fecund for corns
-South 01 4833" West, a distance of 624.59 feet to fha POINT OF BEGINNING and cornairring 16.0179 acres of land,
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty- Seven,
City of Fort Worth, Texas
COUNCIL ACTION: Approved on 12/12/2006 - Ordinance No. 17311 -12 -2006
DATE. Tuesday, December 12, 2006
LOG NAME: 17TR57AUTO REFERENCE NO.: G -16526
SUBJECT:
Adopt Ordinance Designating Tax Abatement Reinvestment Zone No. 57, City of Fort Worth, Texas
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 57, City of
Fort Worth, Texas; and
2. Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone Number 57, City of
Fort Worth, Texas pursuant to and in accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION:
The proposed Reinvestment Zone No. 57, City of Fort Worth, Texas (Zone) is in north Fort Worth and is in
COUNCIL DISTRICT 2. The exact boundaries of the proposed zone are described in Exhibit A of the
attached ordinance. American Auto Salvage is being displaced due to the Trinity River Uptown Project and
is considering relocation to the proposed site. Pursuant to Resolution No. 3390 -07 -2006, the Trinity River
Uptown Project has been designated by the City Council as a "Major Public Infrastructure Project ". As
such, businesses displaced by that Project are eligible to receive incentives, including tax
abatement, under the City's Relocation Incentives Policy.
As required by Chapter 312 of the Texas Tax Code, a public hearing must be conducted regarding the
creation of the Zone. Notice 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 for 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 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.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
Logname: 17TR57AUTO Page 1 of 2
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund /AccounVCenters
FROM FundlAccount/Centers
Submitted for City Manager's Office by Dale Fisseler (6140)
Oriainatina Department Head: Tom Higgins (6192)
Additional Information Contact: Robert Sturns (8634)
Logname: 17TR57AUTO Page 2 of 2