HomeMy WebLinkAboutOrdinance 16155~~ l ~5
ORDINANCE NO
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS `TAX ABATEMENT
REINVESTMENT ZONE NUMBER FIFTY 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 in tax abatement and
has established guidelines and criteria governing tax abatement agreements entered into
between the Crty and various third parties, as authorized by and m accordance with the
Property Redevelopment and Tax Abatement Act, codified m Chapter 312 of the Texas
Tax Code (the `Code") and
WHEREAS, the Crty Council desires to promote the development of the area m
the Crty 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 m accordance with Chapter 312 of the Code; and
WHEREAS, Cott Beverages, Inc a Georgia corporation ("Company"), intends
to lease real property m the Zone and has applied for a personal property tax abatement
from the Crty m return for Company's causing the construction of certain improvements
on that property ("Improvements") and compliance with certain other commitments that
will foster economic development m the Zone and the Crty in general, and
Page 1
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty
City of Fort Worth, T
~~
WHEREAS, on October 5 2004 the City Council held a pubhc 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 Heanng was published in a newspaper of
general circulation m the Crty on September 27 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 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 pubhc 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 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 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:
Page 2
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty
City of Fort Worth, T xas
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 property compnsmg the Zone contains a now vacant industrial facility In
this state, the property substantially impairs the sound growth of the City and
constitutes an economic liability because of the presence of tletenoratmg
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 a rid to
attract mayor investment in the Zone that will be a benefit to property m the Zone
and will contribute to the economic development of the City
1.4. The Improvements proposed for the Zone, as more specifically out!hned m 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, include
the substantial renovation of the now vacant industrial facility The
Improvements 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.
Page 3
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty
City of Fort Worth, T xas
'°
Section 2.
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 Ordirnance 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 City of Fort Worth,
Texas. This project is eligible for commerciaUindustrial 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 Crty 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 in any way be impaired or affected by such decision,
opinion or~udgment.
Page 4
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty
City of Fort Worth, T xas
Section 5.
IMMEDIATE EFFECT
That this Ordinance shall take effect upon its adoption.
AND IT IS SO ORDAINED
ADOPTED AND EFFECTIVE lD -S' D `~
APPROVED AS TO FORM AND LEGALITY
By
Peter Vaky
Assistant Crty Attorney
M&C _ C l~ S 3'~ /D S 0~
Page 5
Ordinance Designating Tax Abatement Reinvestment Zone Number Fifty
City of Fort Worth, T xas
EXHIBIT A
BOUNDARY DESCRIPTION OF ZONE
BEING A 25 121 ACRE TRACT OF LAND SITUATED IN THE LORENZO D BURNETT SURVEY
ABSTRACT NO 177 TARRANT 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 IRON 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 BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND•
THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 1 140 FEET A
CENTRAL 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 HAVING A RADIUS OF 1,375 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 O1 13'31 E, A DISTANCE OF 131 O1 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC
CAP STAMPED `CARTER & BURGESS"
THENCE S 00°01'26" W A DISTANCE OF 70 O1 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC
CAP STAMPED `CARTER & BURGESS" SAID POINT BEING IN THE NORTHERLY RIGHT-OF
WAY OF THE CITY 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"
THENCE N O1°07 11 E, LEAVING SAID NORTHERLY RIGHT-OF WAY A DISTANCE OF 883 OS
FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED `CARTER & BURGESS" SAID
POINT BEING THE BEGINNING 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 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED `CARTER & BURGESS"
THENCE S O1°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 AND
CONTAINING 1,094,290 SQUARE FEET OR 25 121 ACRES OF LAND MORE OR LESS.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 10/5/2004 Ordinance No 16155
DATE Tuesday October 05 2004
LOG NAME 17TARZ5000TT REFERENCE NO G-14534
SUBJECT
Public Hearing and Ordinance Designating Tax Abatement Reinvestment Zone No 50 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 50 City of
Fort Worth Texas, and
2 Adopt the attached ordinance that designates Tax Abatement Reinvestment Zone No 50 City of Fort
Worth Texas pursuant to and in accordance with Chapter 312 of the Texas Tax Code
DISCUSSION
The proposed Reinvestment Zone No 50 City of Fort Worth Texas (Zone) is in east Fort Worth in the
Centreport Business Park. 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 Mattel Inc. Cott Beverages,
Inc. is considering redevelopment of this site into a bottling and distribution 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 (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 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 (5) years from the date of adoption of th',e attached ordinance
and may be renewed for periods not to exceed five (5) years each
This property is located in COUNCIL DISTRICT 5
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action does not require the expenditure of City funds
Lo~name• 17TARZS000TT ~ Page 1 ~f 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bv• Dale Fisseler (Acting) (6140)
Originating Department Head Tom Higgins (6192)
Additional Information Contact: Ardina Washington (8003)
Peter Vaky (7601)
i,~gname 17TAR75~C',(~TT PACrP 7 of 7