HomeMy WebLinkAboutOrdinance 16251-01-2005ORDINANCE NO.
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS `TAX ABATEMENT
REINVESTMENT ZONE NUMBER FIFTY-ONE, 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 15 2004 of
Resolution No 3092 (M&C G-14362) (the `Tax Abatement Policy"), the City of Fort
Worth, Texas (the `City") has elected to be eligible to participate m 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 m 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, OBIM Holding Co LLC ("Company"), a Texas limited liability
company owns or is under contract to purchase real property in the Zone and has applied
for a real and personal property tax abatement from the City m return for Company's
causing the renovation of now vacant industrial buildings and making other
improvements on that property ("Improvements") and compliance with certain other
Page 1
Ordinance Designating T Abatement Reinvestment Zone Number Fifty-one,
City of Fort Worth, T
commitments that will foster economic development m the Zone and the City m general,
and
WHEREAS, on January 4 2005 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 Hearing was published m a newspaper of
general circulation m the City on December 28 2004 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 pubhc heanng; and
WHEREAS, m accordance with Sections 312.201(d)(2) and (e), notice of the
Public Hearing was delivered m writing not later than the seventh day before the date of
the pubhc heanng to the presiding officer of the governing body of each taxing unit that
includes m its boundaries 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
Section 1
FINDINGS.
That after reviewing all information before rt regarding the establishment of the
Zone and after conducting the Public Hearing and affording a reasonable opportunity for
Page 2
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-one,
City of Fort Worth, T
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.
L2. The property compnsmg the Zone contains now vacant mdustnal facilities. In its
current state, the property substantially impairs the sound growth of the City and
constitutes an economic liability because of the presence of deteriorating
structures and unsafe conditions.
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 mayor investment m the Zone that will be a benefit to property in the Zone
and will contribute to the economic development of the Crty
1.4 The Improvements proposed for the Zone, as more specifically outlined m the
Public Hearing and which will be made pursuant to a tax abatement agreement
with Company that must subsequently be approved by the Crty Council, include
the substantial renovation of now vacant mdustnal facilities m the Zone The
Improvements are feasible and practical and, once completed, will benefit the
land included m the Zone as well as the Crty for a period 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.
Page 3
Ordinance Designating T Abatement Reinvestment Zone Number Fifty-one,
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 a residential 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-one, City of Fort Worth,
Texas. This project is eligible for commercial/industrial tax abatement pursuant to
Section 4 1 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 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
m full force and effect and shall not m any way be impaired or affected by such decision,
opinion or~udgment.
Page 4
Ordinance Designating T Abatement Reinvestment Zone Number Fifty-one,
City of Fort Worth, T
Section 5.
IMMEDIATE EFFECT
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED
ADOPTED AND EFFECTIVE /-" ~t--aS~
APPROVED AS TO FORM AND LEGALITY
By
Peter Vaky
Assistant City Attorney
M&c G -- l~f 6 3'f
Page 5
Ordinance Designating T Abatement Reinvestment Zone Number Fifty-one,
City of Fort Worth, T
EXHIBIT A
BOUNDARY DESCRIPTION OF ZONE
Ordinance Designating T Abatement Reinvestment Zone Number Fifty-one,
City of Fort Worth, T
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715 EAST 9th STREET
FORT WORTH, TX 76102
Survey of Lot 1 Block 126-R, ORIGINAL TOWN OF FORT WORTH, Tarrant County
Texas, according to plat recorded in Cabinet A, Shde 43 Deed Records, Tarrant County
Texas.
Commonly known as 715 East 9th Street
LINE BEARING DISTANCE
L1 S 85 43 43 W 16.90
L2 N 10 29' 23 E 36 40
L3 N 13 48 09" E 49.28
~ N 17 24 18" E 50.23
LS N 22 43 57" E 49.98
L6 N 26 50' 20" E 50 02
L7 N 30 33 16" E 49.99
L8 N 32 37 13 E 50 40'
L9 N 31 58 56" E 49 64
L10 S 57 24 48" E 39.90
L11 N 60 00 19" E 50 00
NOTES.
5/8" iron pms found at all corners unless otherwise noted.
2. An easement is retained along the railroad R.O W for maintenance and
operation of railroad facilities m Volume 4729 Page 282. (No width given)
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-one,
City of Fort Worth, Texas
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813 EAST 9th STREET
FORT WORTH, TX 76102
Being Lots 1 through 5 8 through 12, a portion of Lots 6 and 7 Block 129 and a
portion of Block 119 ORIGINAL TOWN OF FORT WORTH, (an unrecorded plat),
an Addition to the City of Fort Worth, Tarrant County Texas, and a portion of Eighth
Street (50 R.O W) as vacated by City of Fort Worth Ordinance No 600 and City of
Fort Worth Ordinance No. 5318, being more particularly described by metes and
bounds as follows.
BEGINNING at 5/8" trop found at the Southeast corner of said Lot 12, and the
Southwest corner of Lot 7 Block 130 sand ORIGINAL TOWN OF FORT WORTH,
sand iron being m the North hne of East Ninth Street (50 R.O W )
THENCE S 60 00 00" W along the North line of said East Ninth Street, 260 00 feet
to a railroad spike found at the Southwest corner of said Lot 8 and Southeast corner of
said Lot 8 and the Southeast corner of Lot 1 Block 126-R, ORIGINAL TOWN OF
FORT WORTH ADDITION an Addition to the City of Fort Worth, Tarrant County
Texas, according to the Plat recorded m Cabinet A, Shde 43 Plat Records, Tarrant
County Texas.
THENCE N 30 00 00" W along the East line of Lot 1 said Block 126-R, 230 00
feet to a 3/8" iron found at the Northeast corner of Lot 1 said Block 126-R, in the
South line of Chicago Rock Island and Pacific Railroad Company R.O W (R.O W
vanes).
THENCE along the South line of said Railroad R.O W as follows.
N 38° 45 47" E 278.94 feet to 5/8" iron found.
N 30 00 00" E, passing the Northeast corner of Lot 1 said Block 129 continuing in
all a distance of 331 04 feet to the POINT OF BEGINNING and containing 1 674
acres of land.
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-one,
City of Fort Worth, T xas
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909 EAST 9th STREET
FORT WORTH, TX 76102
Survey of Lots 5 through 8, Block 130 ORIGINAL TOWN OF FORT WORTH,
Tarrant County Texas, and being more particularly described by metes and bounds as
follows.
BEGINNIl~TG at a 5/8" iron pin found m the Northwesterly tine of East Ninth Street,
said point bemg the Southwest corner of a tract of land conveyed to Worth Center
Partnership by deed of record in volume 7552, Page 813 Deed Records of Tarrant
County Texas.
THENCE North 30 degrees 00 minutes 00 seconds West 200 00 feet to an X found on
.concrete for the Northwest corner of Lot 6, Block 130•
THENCE North 60 degrees 00 minutes 00 seconds East 108 00 feet to a 5/8" iron pin
found for the Northwest corner of Lot 5 Block 130•
THENCE South 30 degrees 00 minutes 00 seconds East 200 00 feet to a 5/8" found
for the Southeast corner of Lot 8 Block 130 sand point bemg m the Northwesterly
tine of East Ninth Street;
THENCE South 60 degree 00 minutes 00 seconds West along said Northwesterly lute
108 00 feet to the POINT OF BEGINNING
Commonly known as 909 East Ninth Street.
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-one,
City of Fort Worth, T xas
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600 EAST 9tb STREET
FORT WORTH, TX 76102
BEING A 25 121 ACRE TRACT OF LAND SITUATED IN THE LORENZO D BURNETT SURVEY
ABSTRACT NO 177 TARR.A.NT COUNTY TEXAS AND BEING ALL OF LOT 1, BLOCK 314
AREA 3 SECTION 5, CENTREPORT AN ADDITION TO THE CITY OF FORT WORTH
RECORDED IN PLAT VOLUME 388/192, PAGES 80 AND 81 COUNTY RECORDS, TARRANT
COUNTY TEXAS,. SAID 25 121 ACRE TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
COMMENCING AT A 5/8 INCH Il20N ROD WITH PLASTIC CAP STAMPED `CARTER &
BURGESS" BEING THE MOST SOUTHERLY CORNER OF AREA 3, SECTION 3, CENTREPORT
AS RECORDED IN PLAT VOLUME 388/176, PAGES 70 AND 80, COUNTY RECORDS, TARRANT
COUNTY TEXAS, SAID POINT ALSO BEING IN THE SOUTHERLY RIGHT-OF-WAY OF TRINITY
BOULEVARD (A 120 FOOT WIDE PUBLIC RIGHT-OF WAY);
THENCE S 59°05'38" E, A DISTANCE OF 259.34 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC
CAP STAMPED `CARTER & BURGESS" SAID POINT BEING THE BEGINNING OF A CURVE TO
THE RIGHT
THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 1,140.00 FEET A
CENTRAL ANGLE OF 21°49'02" AN ARC LENGTH OF 434.09 FEET AND A LONG CHORD OF S
48°11'08" E, A DISTANCE OF 431 47 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED `CARTER & BURGESS" BEING THE BEGINNING OF A.CURVE TO THE RIGHT SAID
POINT BEING THE POINT OF BEGIlVi~IING OF THE HEREIN DESCRIBED TRACT OF LAND•
THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 1,140 FEET A
CENTI2AL.ANGLE OF 19°19'31 AN ARC LENGTH OF 384.51 FEET AND A LONG CHORD OF S
27°36 51 E, A DISTANCE OF 382.69 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
'STAMPED `CARTER & BURGESS" SAID POINT BEING THE BEGINNING OF A CURVE TO THE
RIGHT
THENCE SOUTHEASTERLY ALONG SAID CURVE RAVING A RADIUS OF 1,315.00 FEET A
CENTRAL ANGLE OF 16°43'35" AN ARC LENGTH OF 401 41 FEET AND A LONG CHORD OF S
09°35 18" E, A DISTANCE OF 399.98 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED `CARTER & BURGESS"
THENCE S 01 13'31 E, A DISTANCE OF 131.01 FEET TO.A 5/8 INCH IRON ROD WITH PLASTIC
CAP STAMPED `CARTER & BURGESS"
THENCE S 00°01'26" W A DISTANCE OF 70 OI FEET TO A 5/8 INCH IRON ROD WITH PLASTIC
CAP STAMPED `CARTER & BURGESS" SAID POINT BEING IN THE NORTHERLYRIGHT-OF
WAY OF THE CTTY OF FORT WORTH AND THE CITY OF DALLAS RAILROAD RECORDED IN
VOLUME 7726, PAGE 1848, SAID COUNTY RECORDS,
THENCE N 88°52 49" W ALONG SAID NORTHERLY RIGHT-OF WAY A DISTANCE OF 1,178.13
FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED `CARTER & BURGESS"
THENCE N O1 °07' 11 E, ALONG SAID RIGHT-OF WAY A DISTANCE OF 50.00 FEET TO A 5/8
INCH IRON ROD WITH PLASTIC CAP STAMPED `CARTER & BURGESS"
THENCE N 88°52 49" W ALONG SAID NORTHERLY RIGHT-OF WAY A DISTANCE OF 118.89
FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED `CARTER & BURGESS"•
Ordinance Designating Tax Abatement Reinvestment Zone Number Filly-one,
City of Fort Worth, T xas
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THENCE N OI°07 11 E, LEAVIi tG SAID NORTHERLY RIGHT-OF WAY A DISTANCE OF 883 08
FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED `CARTER & BURGESS" SAID
POINT BEING THE BEGINNIlVG OF A CURVE TO THE LEFT
THENCE NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 996.00 FEET A
CENTRAL ANGLE OF OS°47'53 AN ARC LENGTH OF 100.79 FEET AND A LONG CHORD. OF N
64°25'07" E, A DISTANCE OF 100 75 FEET TO A 5/81NCH IRON ROD WITH PLASTIC CAP
STAMPED `CARTER & BURGESS"
THENCE S O 1 °07' 11 W A DISTANCE OF 92.34 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC
CAP STAMPED `CARTER & BURGESS"
THENCE S 88°52 49" E, A DISTANCE OF 887 16 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC
CAP STAMPED `CARTER & BURGESS"
THENCE N 52°43'23" E, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING ANA
CONTAINING 1 094,290 SQUARE FEET OR 25 121 ACRES OF LAND MORE OR LESS.
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty-one,
City of Fort Worth, T xas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved As Amended on 1/4/2005 Ordinance No 16251
CONTINUED FROM A PREVIOUS WEEK
DATE Tuesday December 21 2004
LOG NAME. 17TAR510BIM REFERENCE NO G-14634
SUBJECT
Public Hearing and Ordinance Designating Tax Abatement Reinvestment Zone No 51 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 51 City of
Fort. Worth Texas, and
2. Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No 51 City of Fort
Worth Texas, pursuant to and in accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION
The proposed Reinvestment Zone No 51 City of Fort Worth Texas (Zone) is located at 600 E. 9th
Street. The exact boundaries of the proposed zone are described in Exhibit A of the attached ordinance
and comprise the now vacant facility formerly occupied by Ben E. Keith OBIM Fresh Cut Fruit, LLC is
considering redevelopment of this site into a fruit processing facility
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 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 property is located in COUNCIL DISTRICT 9
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material impact on City Funds.
Losname• 17TAR51 OBIM Pace 1 ~f ~
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office bv• Dale Fisseler (Acting) (6266)
Originating Department Head Tom Higgins (6192)
Additional Information Contact: Robert Sturns (8634)
Peter Vaky (7601)
T>nename 17TAR5lOB1M
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