HomeMy WebLinkAboutOrdinance 18640-06-2009ORDINANCE NO 18640-06-2009
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS `TAX ABATEMENT
REINVESTMENT ZONE NUMBER SIXTY EIGHT 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 Councils adoption on June 17 2008 of
Resolution No 3629-06-2008 (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 m
the City more specifically described m Exhibit A of this Ordinance (the `Zone")
through the creation of a reinvestment zone for purposes of granting a residential tax
abatement, as authorized by and in accordance with Chapter 312 of the Code; and
WHEREAS, DIRECTV Inc. ("Company") intends to lease real property in the
Zone that is or will be owned by Stratos Development, LLC ("Stratos") or an affiliate or
successor thereto on which Company or the owner of such property intends to expend or
cause to be expended over $20 million to redevelop an existing shell building for use as a
data center for Company ("Improvements") and
Page 1
Ordinance Designating T Abatement Reinvestment Zone Number Sixty-eight,
City of Fort Worth, T
WHEREAS, Company has applied for a real and personal property tax abatement
from the City and Stratos has or intends to apply for a real property tax abatement from
the City m return for the construction of the Improvements in the Zone and compliance
with certain other commitments that will foster economic development in the Zone and
the City in general and
WHEREAS, on June 2, 2009 the City Council held a public heanng 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 Heanng was published m a newspaper of
general circulation m the City on May 25 2009 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 heanng; and
WHEREAS, m accordance with Sections 312.201(d)(2) and (e), notice of the
Public Heanng was delivered m wntmg not later than the seventh day before the date of
the public heanng to the presiding officer of the governing body of each taxing unit that
includes m rts boundanes real property that is to be included m the proposed Zone;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
Page 2
Ordinance Designating T Abatement Reinvestment Zone Number Sixty-eight,
City of Fort Worth, T
Section 1
FINDINGS.
That after reviewing all information before it regarding the establishment of the
Zone and after conducting the Public Heanng 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 m 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 property compnsmg the Zone is underdeveloped, consisting of a vacant
building and surrounding unused improvements.
1.3. The Improvements proposed for the Zone, as more specifically outlined m the
Public Heanng, are feasible and practical and, once completed, will benefit the
land included m the Zone as well as the City for a penod m 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.
1.4 As a result of designation as a reinvestment zone, the area within the Zone is
reasonably likely to contribute to the expansion of pnmary employment and to
attract mayor 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 T Abatement Reinvestment Zone Number Sixty-eight,
City of Fort Worth, T
Section 2.
DESIGNATION OF ZONE.
That the City Council hereby designates the Zone described m 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 acommercial/industrial tax
abatement, as authorized by and m accordance with Chapter 312 of the Code. This Zone
shall be known as `Tax Abatement Reinvestment Zone Number Sixty-eight, City of Fort
Worth, Texas This project is eligible for commercial/industrial tax abatement pursuant
to Section 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 maybe 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 mvahd, 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
m full force and effect and shall not m any way be impaired or affected by such decision,
opinion or judgment.
Page 4
Ordinance Designating T Abatement Reinvestment Zone Number Sixty-eight,
City of Fort Worth, T
Section 5.
IMMEDIATE EFFECT
That this Ordinance shall take effect upon its adoption.
ADOPTED AND EFFECTNE June 2, 2009
APPROVED AS TO FORM AND LEGALITY
By.
Peter Vaky
Assistant City Attorney
M&C G-16585
Page 5
Ordinance Designating T Abatement Reinvestment Zone N nber Sixty-eight,
City of Fort Worth, T
EXHIBIT A
BOUNDARY DESCRIPTION AND MAP OF ZONE
ORDINANCE NO 18640-06-2009
BEING all of Lot 6B, Block 2, Alliance Gateway Addition, an Addirion to the City of
Fort Worth, Tarrant County Texas, as recorded on the plat recorded in Cabinet A, Slide
7986 Plat Records, Tarrant County Texas, and being more particularly described by
metes and bounds as follows
BEGINNING at a 5/8 inch iron rod with plastic cap stamped `Carter & Burgess" found at
the southwest corner of said Lot 6B also being the northwest corner of Lot 6A, said
Block 2, Alliance Gateway East Addition and being m the east line of that certain tract of
land described by deed to Eastgreen, Inc. as recorded document number D206362248
Deed Records, Tarrant County Texas,
THENCE N 00 deg. 08 mm. 21 sec. W 359 68 feet along the common line of the west
line of said Lot 6B and the east line of said Eastgreen tract to a 5/8 inch iron rod with
plastic cap stamped `Carter & Burgess" found at the northwest corner of said Lot 6B
being m the south line of the remainder of that certain tract of land described by deed to
ADL Development, L.P as recorded in Volume 13588, Page 173 Deed Records, Tarrant
County Texas,
THENCE N 80 deg. 24 min. 30 sec. E, 523 82 feet along the common line of the north
line of said Lot 6B and the south line of the remainder of said ADL tract to a 5/8 inch
iron rod with plastic cap stamped `Carter & Burgess" found,
THENCE N 09 deg. 35 min. 30 sec. W 60 00 feet continuing along said common line to
a 5/8 inch iron rod with plastic cap stamped `Carter & Burgess" found,
THENCE N 80 deg. 24 mm. 30 sec. E, 76 43 feet continuing along said common line to a
5/8 inch iron rod with plastic cap stamped `Carter & Burgess" found, being the begmmng
of a curve to the left;
THENCE continuing along said common line and with said curve to the left, an arc
distance of 38.20 feet, through a central angle of 89 deg. 19 mm. 47 sec. having a radius
of 24 50 feet, the long chord of which bears N 35 deg. 44 min. 37 sec. E, 34 44 feet to a
5/8 inch iron rod with plastic cap stamped `Carter & Burgess" found at the most
northeasterly corner of said Lot 6B and being m the westerly right-of way line of
Independence Parkway (a 120' public nght-of way) and being the begmmng of a non-
tangent curve to the left;
THENCE along the common line of the east line of said Lot 6B and the westerly nght-of
way line of said Independence Parkway and with said non-tangent curve to the left, an arc
distance of 202 99 feet, through a central angle of 02 deg. 17 min. 55 sec having a radius
Ordinance Designating T Abatement Reinvestment Zone Number Sixty-eight,
City of Fort Worth, T
of 5060 00 feet, the long chord of which bears S 10 deg. 04 mm. 14 sec. E, 202 97 feet to
a 5/8 inch iron rod with plastic cap stamped `Carter & Burgess" found,
THENCE S 11 deg. 13 mm. 11 sec. E, 336.31 feet continuing along said common line to
an X-cut m concrete found at the southeast corner of said Lot 6B also being the northeast
corner of the aforementioned Lot 6A,
THENCE S 78 deg. 46 min. 49 sec. W 80 00 feet along the common line of the south lot
line of said Lot 6B and the north lot line of said Lot 6A to an X-cut m concrete found,
THENCE S 89 deg. 51 mm. 39 sec. W 623 57 feet continuing along said common line to
the POINT OF BEGINNING and containing 279 001 square feet or 6 405 acres of land
more or less.
Ordinance Designating T Abatement Reinvestment Zone Number Sixty-eight,
City of Fort W rth, T
Tax Abatement Reinvestment Zone 68
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City of Fort Worth Texas
Housing and .Economic Development
f nrwrirrh+ 7(1(1Q
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION.:. Approved on 6/2/2009' Ord. No. 18640-06-200:9
T
DATE Tuesday June 02 2009 REFERENCE NO G-16585
LOG NAME 17DTVRIZ
SUBJECT
Adopt an Ordinance Designating Tax Abatement Reinvestment Zone No 68 City of Fort Worth Texas for
Property Located at 13751 Independence Parkway
RECOMMENDATION
It is recommended that the City Council
1 Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No 68 City of
Fort Worth Texas and
2 Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No 68 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 68 City of Fort Worth Texas, (Zone) is in north
Fort Worth in the Alliance Gateway Business Park. The exact boundaries of the proposed zone are
described in Exhibit A of the attached Ordinance DIRECTV or an affiliate is considering the occupancy
and redevelopment of the site for use as a data center
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 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
Tax Reinvestment Zone No 68 is located in COUNCIL DISTRICT 2
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds
Logname: 17DTVRIZ Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office by
Originating Department Head
Additional Information Contact:
FROM Fund/Account/Centers
Thomas Higgins (6140)
Jay Chapa (6192)
Mark Folden (8634)
Logname 17DTVRIZ Page 2 of 2