HomeMy WebLinkAboutOrdinance 21757-05-2015 ORDINANCE NO. 21757-05-2015
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER NINETY, 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 May 20, 2014 of
Resolution No. 4322-05-2014 (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 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 a business expansion
tax abatement, as authorized by and in accordance with Chapter 312 of the Code; and
WHEREAS, Winner, LLC ("Company") wishes to expend or cause to be
expended at least $125 million in real property improvements for the construction of a
new data center located in the Zone, and Company intends to install new taxable tangible
business personal property having a value of approximately $125 million in such facility
(collectively, the "Improvements"); and
Page 1 Ordinance No.21757-05-2015
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety,
City of Fort Worth,Texas
WHEREAS, Company expects that this project will create at least 40 new jobs
once the Improvements are completed; and
WHEREAS, Company has applied for real and business personal property tax
abatements from the City in return for the installation of the Improvements in the Zone
and compliance with certain other employment and spending commitments that will
foster economic development in the Zone and the City in general; and
WHEREAS, on May 12, 2015 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 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 May 4, 2015, 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), of the Code
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:
Page 2 Ordinance No.21757-05-2015
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety,
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
established by the Code for creation of a reinvestment zone under Chapter 312 of
the Code.
1.2. The Improvements proposed for the Zone, as more specifically 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 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.
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 property in the Zone
and will contribute to the economic development of the City.
Section 2.
Page 3 Ordinance No.21757-05-2015
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety,
City of Fort Worth,Texas
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 business expansion 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 Ninety, City of Fort
Worth, Texas." This project is eligible for commercial/industrial tax abatement pursuant
to Section 4.3 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 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.
Page 4 Ordinance No.21757-05-2015
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety,
City of Fort Worth,Texas
IMMEDIATE EFFECT.
That this Ordinance shall take effect upon its adoption.
ADOPTED AND EFFECTIVE: May 19, 2015
APPROVED AS TO FORM AND LEGALITY:
i
By: m , -
Peter Vaky, Deputy C' Attorney Aonald P. Gonzales
Assistant City Secretary
M&C: G-18488
Page 5 Ordinance No.21757-05-2015
Ordinance Designating Tax Abatement Reinvestment Zone Number Ninety,
City of Fort Worth,Texas
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
DESCRIPTION OF 110.71 ACRES
BEING a tract of land situated in the F. Cuella Survey, Abstract Number 267, Tarrant County,
Texas and being a portion of two tracts of land describe by deed to AIL Investment, L.P., recorded
in Volume 13588, Page 195 (Tracts 12 and 13), County Records, Tarrant County, Texas, being
more particularly described by metes and bounds as follows:
BEGINNING at the northeast corner of Lot 10, Block 3, Alliance Gateway North, an addition to
the City of Fort Worth recorded in Instrument Number D208290670, in the south line of Lot 4R,
Block 3 Alliance Gateway North, and addition to the City of Fort Worth recorded in Instrument
Number D209069793, both of said County Records;
THENCE S 89056'01"E, 368.25 feet; THENCE S 00004'42"W, 540.00 feet; THENCE S
89055'36"E, 602.74 feet; THENCE N 71051'00"E, 445.20 feet; THENCE N 62028'25"E, 296.66
feet;
THENCE N 90000'00"E, 1055.55 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 68.39 feet, through a central angle of
41014'47", having a radius of 95.00 feet, the long chord which bears S 69°22'37"E, 66.92 feet to
the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 94.33 feet, through a central angle of
38019'47", having a radius of 141.00 feet, the long chord which bears S 67055'07"E, 92.58 feet;
THENCE S 87005'00"E, 103.97 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 200.88 feet, through a central angle of
05055'58", having a radius of 1940.00 feet, the long chord which bears S 08009'47"E, 200.79 feet;
THENCE S 05015'42"E, 237.77 feet;
THENCE S 33052'08"W, 95.68 feet to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 143.68 feet, through a central angle of
02°29'57", having a radius of 3294.04 feet, the long chord which bears S 61040'59"W, 143.67 feet
to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 955.90 feet, through a central angle of
04°46'16", having a radius of 11479.16 feet, the long chord which bears S 58°08'59"W, 955.62
feet;
THENCE S 55045'15"W, 459.78 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 1237.97 feet, through a central angle of
09018'33", having a radius of 7619.44 feet, the long chord which bears S 60024'08"W, 1236.61
feet;
THENCE S 65004'38"W, 195.64 feet to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 392.71 feet, through a central angle of
05°51'36", having a radius of 3839.72 feet, the long chord which bears S 62007'36"W, 392.54
feet;
THENCE S 59°11'47"W, 152.11 feet; THENCE S 89°11'47"W, 80.00 feet; THENCE N
36010'14"W, 86.37 feet;
THENCE N 00004'1 7"W, 20.00 feet to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 167.72 feet, through a central angle of
12°38'40", having a radius of 760.00 feet, the long chord which bears N 06010'1 2"W, 167.38
feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 162.11 feet, through a central angle of
12033'05", having a radius of 740.00 feet, the long chord which bears N 06012'59"W, 161.78
feet;
THENCE N 00°03'31"E, 1482.86 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 89.82 feet, through a central angle of
11058'07", having a radius of 430.00 feet, the long chord which bears N 06002'35"E, 89.66 feet
to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 102.36 feet, through a central angle of
11058'07", having a radius of 490.00 feet, the long chord which bears N 06002'35"E, 102.17
feet;
THENCE N 00001'34"E, 425.60 feet;
THENCE S 89056'45"E, 232.00 feet;
THENCE N 00°O1'18"E, 115.00 feet to the Point of Beginning and containing 4,822,528 square
feet or 110.71 acres of land more or less.
Tax Abatement Reinvestment Zone No. 90
Intersection of Park Vista Parkway and Alliance Gateway Freeway
Fort Worth, TX
"Exhibit A"
rK'�. r "` _ '�. _ _- � ..? y ., •-,�,_ i - �n-ire
,
-
, , _ rT'C"1 v k+�� ref
1
,
r
Copyright 2015 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared
for or be suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property
boundaries. The City of Fort Worth assumes no responsibility for the accuracy of said data.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/19/2015 - Ordinance No. 21757-05-2015
DATE: Tuesday, May 19, 2015 REFERENCE NO.: G-18488
LOG NAME: 17ED TARIZ90
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Designating Tax Abatement Reinvestment Zone No. 90, City
of Fort Worth, Texas, for Property Located at the Northeast Corner of Alliance Gateway and Park Vista
Boulevard for Construction of a Data Center Facility (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 90,
City of Fort Worth, Texas, for property located at the northeast corner of Alliance Gateway and Park Vista
Boulevard; and
2. Adopt the attached ordinance designating Tax Abatement Reinvestment Zone No. 90, 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. 90, City of Fort Worth, Texas, is for the property
located at the northeast corner of Alliance Gateway and Park Vista Boulevard. Winner LLC, (Company)
is considering the construction of a new Data Center facility at this site. The proposed project will result in
at least $250 million in real and business personal property investment ($125 million for construction of the
facility and $125 million in business personal property that will be installed in the facility).
As required by Chapter 312 of the Texas Tax Code, a public hearing must be conducted regarding the
creation of a Reinvestment Zone. The exact boundaries of the proposed zone are described in Exhibit A
of the attached ordinance. 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.
The proposed Zone is located in COUNCIL DISTRICT 7, Mapsco 9J.
Logname: 17ED TARIZ90 Page 1 of 2
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will not increase the total
appropriations of City funds.
FUND CENTERS:
TO Fund/AccounVC enters FROM Fund/AccounVCenters
CERTIFICATIONS:
Submitted for City Manager's Office by: David Cooke (6116)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Robert Sturns (212-2663)
Logname: 17ED TARIZ90 Page 2 of 2