HomeMy WebLinkAboutOrdinance 15699t
C}RDINANCE No. ~ .
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITI' OF FART WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER FORTY-FIVE, CITY OF
FART 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 February 26, 2002 of
Resolution No. 2811 {M&C G-13540}, 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 "Cade"}; 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 commereial-
industrial tax abatement, as authorized by and in accordance with Chapter 312 of the
Code, and
WHEREAS, alubris Limited Partnership {"Company"} owns or is under
contrast Ic> }~ur~ha~~~ real F~r~_~E~cr<< in the lone any{ hay a~~}~li~~c1 f~~r t<i~ ahatri>>~i~t t~r~~m the
I'~~Ill~)1~O~t'Illl'I1TS~~) ;lll~~ ~":!~I~lll t~l~]'~' ~~~I?Ilill1l11~1?[~ I~1:11 V\Ij~ Ii~~I~I ~'l'+~I1t11111~
cl~~ clu~,~T~~nt i~~ ~1~~ G+.~~~~; ~~ ~i~cs f ;il} ~~~ ~~~neral; ;~~~~
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WHEREAS, an September 23, 2003 the City Council held a public hearing
regarding the creation of the Zane, received information concerning the Improvements
prapased far the Zane and afforded a reasonable opportunity far all interested persons to
speak and present evidence far or against the ereatian of the Zane {"Public Hearing"),
as required by Section 312.201 {d) of the Cade; and
WHEREAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City an September 15, 2003, which satisfies the requirement of
Section 312.201{d){1} of the Cade that publication of the natiee 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}, natiee of the
Public i-Tearing 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 BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
Section 1.
FINDiN(~S.
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~~~'i~~ ,11 i1 ,l?.~~ ~~~Il~`U:i[I1`' !~l~' ~~ll~?I!~ ~I~,U'-~1_ ,IIIl1 ,If~~~iC~ll; ,1 ..'.l~~~li,:~~l~ ~~E~}i ~iil.ilt ~~~i
~1~~ ':Il(~TC>l~~j ~)~"l~~clli~ ~h ~~~~'~l}~ ~tll~~ ~lI~~Clll ~'\1~~~`11~C ~tll~ ~~l" ~l,'~illl~l Ifl~ ~IC~1lIC)^ l~~ (~1C
7~~i~~:, ~h~ Gi~~ f~~uunci) l~cr~h~ i>>~il:~s the ~~~~il~~~~i~~~~ 1in~li>>:~., ~_>I~ (~i~~t:
1.1. The statements and facts set forth in the recitals of this Qrdinance 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 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 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.
DESIGNATION OF ZONE.
That the City Council hereby designates the Zone described in the boundary
~i~scri}~Lii~n utta~~}~~~~f li~rrtc~ as h:shihit "~" an~1 n~<i~l< <i Evart of this (7r~iinancc for all
~,I~~„il; X11. .,,,;lll~` ~, .'~j ~~\ ,I!l~: ,,, ,.~~~~It,lil„ ' .il ~ ~~I I ~ ~~i (~~i~ ~ ~~1~', ~ Illy ~~~;1'~
~luill he i:n~~~~t~ d~ "1 a~ :~lr,ii~n~~~ni Kcin~;~~t~>>~~nt Z~.~n~~ \u~>>1~~r 1~~rt~-~i~e, 4 ity ~~1~ f~~,rl
Werth, Texas." The area within the Zane is eligible far commercial-industrial tax
abatement pursuant to Resolution No. 2811.
Section 3.
TERM C?F Z{~NE.
That the Zane shall take effect open the effective date of this Ordinance and
expire five {5) years thereafter. The Zane maybe renewed by the City Council far one ar
mare subsequent terms of five {S) years or less,
Section 4.
SEVERABILITY.
That if any portion, section or part of a section of this Ordinance is subsequently
declared invalid, inoperative ar 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 farce and effect and sha11 net in any way be impaired ar affected by such decision,
opinion ar j udgment.
Section 5.
That this Ordiirzuc~ shall take effect upon its adoption.
~~I) I I I~ ~O t)Ill) ~l~l~ I).
~llOI'II O ~\l) L~:tl~l~(_~l lit.:
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~PPRCJVED AS TQ F~R.Ni AND LEGALITY:
By: _
Peter Vaky -
Assistant City Attt~rney
Date: ~ ~ ,~
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EXHIBIT "A"
B(JUNDARY DESCRIPTI(}N (}F ZC1NE
Being a tract of land situated in the John Bursey Survey, abstract number 123, Tarrant
County, Texas, and being a part of block 8, Carter Industrial Park addition as shown on
the plat recorded in volume 388131, page 52, plat records, Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
Commencing at a 51$ inch iron rod with yellow cap stamped "Carter & Burgess" set at
the intersection of the west right-of--way line of Oak Grove Road (80' in width) and the
south right-of--way line ofJohn Burgess Drive {60' in width);
Thence S 00° 13' S1" E, 350.00 feet with the west right-of--way line of Oak Grove Road
{80 ' in width) to a 518 inch iron rod with yellow cap stamped "Carter & Burgess" set at
the point of beginning;
Thence S 00° 13' S1" E, 350.00 feet continuing with the west right-of--way line of Oak
Grove Road (80" in width} to a 518 inch iron rod with yellow cap stamped "Carter &
Burgess" set;
Thence S 89° 45' 00" W, 1573.06 feet to a 5/$ inch iron rod with yellow cap stamped
"Carter & Burgess" set at the beginning of a curve to the left;
Thence 381.56 feet along the arc of said to the Left, through a central angle of 36° 30' S7",
having a radius of 598.69 feet, the long chord of which bears N 21° 20' 31" VV, 375.13
feet to a 518 inch iron rod with yellow cap stamped "Carter & Burgess" set;
Thence N 89° 45' 00" E, 1708.18 feet to the point of beginning and containing 566,640
square feet or 13.008 acres of land more or less.
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