HomeMy WebLinkAboutOrdinance 15646ORDINANCE NO.
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY Off' FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER FORTY-FOUR, CITY OF
FORT WORTH, TEXAS"; PROVIDING THE EFI+ECTIVE 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 February 26, 2002 of
Resolution No. 2811 (M&C G-13540), the City of Fart Warth, 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 Cade (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 "Zane"}
through the creation of a reinvestment zone for purposes of granting commercial-
industrial tax abatement, as authorized by and in accordance with Chapter 312 of the
Code; and
WHEREAS, Coca-Gala Enterprises, Inc. ("Company") owns real property in the
done and has applied far tax al~atcnl~:nt from the City iri return i`or the constructian of
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and
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Vt~HEREAS, an August 12, 2003 the City Council held a public hearing
regarding the creation of the Zone, received information concerning the Improvements
proposed for the Zane 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
WHEF:EAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City on August 4, 2003, which satisfies the requirement of
Section 312.201(d}(1) of the Code that publication of the native 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, THEREFQRE, BE IT ORDAINED BY THE CITY CtJUNCIL tJF
THE CITY QF FtJRT WfJRTH, TEXAS:
Section 1.
FINDIItiIGS.
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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 Zane 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 for the Zone, as 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, are feasible and practical
and, once completed, will benefit the land included in the Zone as t.ve11 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.
DESIGNATION Off' ZONE.
That the City Council hereby designates the Zone described in the boundary
d~~rri}~ti~~n ~~tt<ich~~i h~~rct~~ <~ Exhibit "A" an~i rnacl~ :~ part of this Ordinance for all
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~~l~ll~ ~~~;, known as :.Ta\ .~h;l[~Il1CIlI ~yC'lilA~'~iIl1C~111 ~~~17~' ~Ulll~~~l' lI~I~I~-~l~;ll~. ~ Its i~j ~t>Il
Worth, Texas." The area within the Zone is eligible for commercial-industrial tax
abatement pursuant to Resolution No. 281 1.
Section 3.
TEI~;M OF ZQNE.
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,
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.
That this Ordinance shall take effect upon its adoption.
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APPROVED AS TO FORM AND LEGALITY:
By:
a
Peter Val;y
Assistant City Attorney
Date: ~`~` ~. ~-,
MSC: ~~ °~
EXHIBIT «~~s
BQUNDARY DESCRIPTION QF ZC}NE
Being a 40.523 acre tract situated in the David C}dum Survey, Abstract No. 1184, W.B.
Dewees Survey, Abstract No. 396, and the J.A. Walker Survey, Abstract Na, 1'730, in the
City of Fort Worth, Tarrant County, Texas, being Lot 1, Block 3, of the Fossil Creek
Addition, Phase I, an addition to the City of Fort Worth, according to the Plat thereof
recorded in Volume 388-140, Page 40, of the Plat Records of Tarrant County, Texas, said
40.523 acre tract of land being more particularly described by metes and bounds as
follows:
BEGINNING at a ll2 inch iron rod found in the east right-af--way line of Sandshell Drive
(a 60.00 foot right-of--way}, said point being the southwest earner of said Lot 1, Block 3,
said paint also being in a curve to the right having a radius of 2014.79 feet a delta angle
of OS deg. 26 min. OS sec.;
THENCE along the east right-of--way line of said Sandshell Drive, and the west line of
said Lot 1, Black 3, and along said curve to the right an arc distance of 191.11 feet, a
chord bearing and distance of N 02 deg. 46 min. 58 sec. W, 191.04 feet to an "X" cut in
concrete set for corner;
THENCE N 00 deg. 03 min. 55 sec. W, continuing along the east right-of--way line of
said Sandshell Drive, a distance of 606.2'7 feet to a Sl8 inch iron rod found for corner,
said point being in a curve to the right having a radius of 90.00 feet and a delta angle of
89 deg. 24 min. 29 sec.;
THENCE along the said curve to the right an arc distance of 140.44 feet, a chord bearing
and distance of N 44 deg. 38 min. 21 sec. E, 126.62 feet to a Sl8 inch iron rod found for
corner, said point being in the south right-of--way line of Fossil Creek Boulevard (a
variable width right-of--way}, said paint being in a curve to the left having a radius of
6504.10 feet a delta angle of 00 deg. 40 min. 53 sec.;
THENCE continuing along the south right-of--way line of said Fossil Creek Boulevard,
and said curve to the left an arc distance of 77.34 feet, a chord bearing and distance of N
89 deg. 41 min. OS sec. E, '77.34 feet to a ~l~ inch iron rod set for corner;
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111! \~~I~_ ~~~,i~~inuir~~~ al~,n~~ t1~~~ ;~~uth ri~~l~t-~,I-~~~i~ line ~,I~~,ii,i I~,~il (~r«h f3~,ul~~~<ir~~.
iu~~1 ~~1i~1 cur~~~ t~, the ri~~ht Sul ~u~~ ~1i~l~u~c~ ~>i~~'~)~).(,~) I~c~t. ~l ~I~~~rd h~~arin~~ ,m~i Ali<tan~~ ~~l
being in a curve to the left having a radius of 8174.78 feet a delta angle of 02 deg. 06
min. 26 sec.;
TI4ENCE continuing along the south right-of--way tine of said Fossil Creek Boulevard
and said curve to the left an arc distance of 300.65 feet, a chord bearing and distance of S
88 deg. 55 min. 42 sec. E, 300.63 feet to a Sl8 inch iron rad found for corner,
THENCE S 89 deg. 58 min. 24 sec. E, continuing along the south right-of--way line of
said Fossil Creek boulevard, a distance of 858.13 feet to a `lz inch iron rod found for
corner, said point being the northeast corner of said Lot 1, Block 3, same being the
northwest corner of Lot 2, Block 3, of Fossil Creek Phase I, Section I, an addition to the
City of Fort Worth, according to the plat thereof recorded in Volume 388-140, Page 40,
of the Plat Records of Tarrant County, Texas;
TFIENCE S 03 deg. 47 min. 22 sec. W, along the common line of said Lot 1, Block 3,
and Lot 2, Block 3, and Lot 3, Block 3, of Fossil Creek Phase I, Section 2, an addition to
the City of Fort Worth, according to the plat thereof recorded in Volume 388-145, Page
37, of the Plat Records of Tarrant County, Texas, a distance of 878.56 feet to a I2 inch
iron rod set for corner, said point being the southeast corner of said Lot 1, Block 3, same
being the northeast corner of a tract of land conveyed to Hunt Investment Corporation, by
Deed Recorded in Volume 5698, Page 257, of the Deed Records of Tarrant County,
Texas;
THENCE N 89 deg. 58 min. 30 sec. W, along the common line of said Lot 1, Block 3,
and said Hunt Investment Corporation tract a distance of 1966,62 feet to the POINT QF
BEGINNINC7 and containing 1,765,186 square feet or 40.523 acres of computed land.
Hugh E. Peiser
Registered Professional Land Surveyor No. 3688
June 25, 2003
~'ity of .Fart T~ort~r, .Texas
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DATE REFERENCE NUMBER LOG NAME PAGE
81121Q3 ~-~ 9709 17RZHEARING 1 of 2
sUB.,iECT PUBLIC HEARING AND ORDINANCE DESIGNATING TAX ABATEMENT
REINVESTMENT ZONE NO. 44, CITY OF FORT WORTH, TEXAS
RECOMMENDATION:
It is recommended that the Gity Council:
1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 44, Gity
of Fort Worth, Texas; and
2. Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No. 44, City of
Fort Worth, Texas pursuant to and in accordance with Chapter 312 of the Texas Tax Gode.
DISCUSSION:
The proposed Tax Abatement Reinvestment Zone No. 44, Gity of Fart Worth, Texas (Zone} is located in
Fossil Creek Business Park in North Fart Worth. The exact boundaries of the property are described in
Exhibit A of the attached ordinance. A tax abatement application has been submitted for its proposed
development. Coca-Cola Enterprises (CGE} is considering this site for an expansion of its bottling and
distribution facility.
As required by Ghapter 312 of the Texas Tax Cade, 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 Zane meets the statutory criteria for designation as a tax
abatement reinvestment zone set forth in Ghapter 312 of the Texas Tax Gode 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 Gity. 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 Gity
after any tax abatement agreements which may be entered into have expired.
The term of th~- proposed Zone wii( be five (5) years from the date of adoption of the attached ordinance
.,_ ~ ~~.d t.:r ,)rtri~;~j ~ _ ~- five 5i y~a~
~`xty o. f .Fort ~'ortl~, texas
~~1~~y~~ c~nd ~; aunc~( a~~~-~nicc~~r~ian
DATE REFERENCE NUMBER L.C}G NAME PAGE
8/12/03 C-19709 17RZHEARING ~ ~~ ~
~uB~ECT PUBLIC HEARING AND ORDINANCE DESIGNATING TAX A6ATEMENT
REINVESTMENT ZONE NO.44, CITY QF FORT WORTH, TEXAS
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that this action will have no material effect an City Funds.
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