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HomeMy WebLinkAboutOrdinance 14130ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY DESIGNATING CERTAIN PROPERTY IN TARRANT COUNTY AS FORT WORTH TAX ABATEMENT REINVESTMENT ZONE N0. 35, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Worth, Texas ("City"), desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, V T C A Tax Code, Chapter 312, as amended; and WHEREAS, the City Council has elected by City Resolution No 2379 to become eligible to participate in tax abatement; and WHEREAS, the Property Redevelopment and Tax Abatement Act further provides that property within a reinvestment zone may be eligible for, inter alia, commercial/industrial tax abatement, subject to the governing body of the municipality establishing guidelines and criteria for such eligibility and entering into a written tax abatement agreement with the owner of taxable real and/or personal property that is located in the reinvestment zone, and WHEREAS, a public hearing in a regularly scheduled meeting before the City Council was opened at 7 00 p m on the 21st day of March, 2000, such date being at least seven (7) days after the date of publication of the notice of such public hearing as required by the Tax Code; and WHEREAS, written notice of the public hearing was delivered to the presiding officer of the governing body of each affected taxing unit (that includes in its boundaries the real property that is to be included in the proposed reinvestment zone) at least seven (7) days before the date of the public hearing, and WHEREAS, the City, at such hearing, invited all interested persons or their representatives to appear and speak for or against the designation of the proposed reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in this ordinance should be included in such proposed reinvestment zone, and the concept of tax abatement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended by adding to Chapter 32, Taxation, Article III, a new Division 35, entitled Tax Abatement Reinvestment Zone No 35, which shall read as follows DIVISION 35 TAX ABATEMENT REINVESTMENT ZONE NO 35 Section 32-39 70 Findings and Determinations The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. The City, after conducting such hearings and having -2- heard such evidence and testimony, has made the following findings and determinations based on the testimony and evidence presented to it (a) That a required hearing on the designation of Tax Abatement Reinvestment Zone No 35 has been properly called, held and conducted and that notices of such hearing have been published as required by law and delivered to all taxing units overlapping the territory inside the proposed reinvestment zone; and (b) That the boundaries of the reinvestment zone shall be the boundaries as described in Exhibit "A", which is attached hereto and made a part hereof, and (c) That the designation of the reinvestment zone for commercial/industrial tax abatement, with boundaries as described in Exhibit "A", and the improvements sought are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of any Tax Abatement Agreement entered into under V T C.A., Tax Code, Section 312 204; and (d) That the reinvestment zone as described in Exhibit "A" meets the criteria for the designation of a reinvestment zone as set forth in V T C.A., Tax Code, Section 312 202, as amended, in that it 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 Section 32-39 71 Designation of Zone. Pursuant to the Property Redevelopment and Tax Abatement Act, V T.C.A Tax Code, Chapter 312, the City hereby designates a reinvestment zone for commercial/ industrial tax abatement encompassing the area in Exhibit "A", attached hereto, and such reinvestment zone shall hereafter be designated as Tax Abatement Reinvestment Zone No 35, City of Fort Worth, Texas. The designation of this zone expires five (5) years after the effective date of this -3- division and may be renewed for periods not to exceed five (5) years. Section 32-39 72 Effective date This division shall take effect on March 21, 2000 SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section -4- SECTION 4 This ordinance shall take effect and be in full force and effect from and after its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY• Assis nt City At ey Date ~~~a /~L, ADOPTED : _~ ~ ~' EFFECTIVE. ~~-a l -~D -5- ~~ EXHIBIT A I. /`~ G7 LEGAL DESCRIPTION FOR REINVESTMENT ZONE #35 FIRST TRACT BEING 30 446 acres of land located in the John Edmonds Survey, Abstract No 457, Tarrant County Texas, and being the same 30 44 acres conveyed to Superior Continental Corporation by deed recorded m Volume 4569, Page 966 of the Deed Records of Tarrant County, Texas. Said 30 446 acres being more particularly described by metes and bounds as follows. BEGINNING at the Southeast corner of the aforementioned 30 44 tract, being located by deed call as follows COMMENCING at a nail in County Road No 4046, said point being the Northwest corner of the 262.7 acre tract of land, recorded in Volume 4511, Page 200, Tarrant County, Texas, said point being situated 4,513 9 feet South and 1,304.2 feet East of the Northwest corner of the John Edmond Survey, Abstract No 457, THENCE SOUTH 00 deg. 04 Minutes West 1,970 4 feet; THENCE SOUTH 89 deg. 48 Minutes East 1,335 0 feet; THENCE SOUTH 1,978 6 feet; THENCE SOUTH 89 deg. 34 Minutes East 1,975 08 feet to the PLACE OF BEGINNING and the Southeast corner of said 30 44 acre tract, being a concrete monument in the West R.O W line of the Texas & Pacific Railroad, THENCE NORTH 07 deg. 45 Minutes East 1,287 85 feet along the West R.O W line of the Texas & Pacific Railroad to a concrete monument for the Northeast corner of tract; THENCE NORTH 89 deg. 34 Minutes West 1,120.27 feet to a concrete monument for the Northwest corner of tract; THENCE SOUTH 00 deg. 26 Minutes West 1,277.37 feet to a concrete monument for the Southwest corner of tract; THENCE SOUTH 89 deg. 34 Minutes East 955.28 feet to the place of Beginning. SECOND TRACT BEING 30 012 acres, more or less, out of the John Edmonds Survey, Abstract No 457, Tarrant County, Texas, and being the same tract of land conveyed to Superior Continental Corporation by Deed recorded m Volume 4858, Page 603 of the Deed Records of Tarrant County, Texas. Said 30 012 acres being more particularly described by metes and bounds as follows. BEGINNING at the Southwest corner of a tract heretofore conveyed to Superior Continental Corporation by deed recorded in volume 4569, Page 966, Deed Records of Tarrant County, Texas, reference to which is hereby made for all purposes. Page 1 of 2 ~. THENCE NORTH 00 deg. 26 Minutes East along the West boundary line of said tract heretofore conveyed to Superior Continental Corporation to a concrete monument at its Northwest corner, a distance of 1277.37 feet; THENCE NORTH 89 deg. 34 Minutes West 1,028 1 feet to a concrete monument for a corner; THENCE SOUTH 00 deg. O1 Minutes West along a fence line 1,277 4 feet to a set stone for a corner; THENCE SOUTH 89 deg. 34 Minutes East along a fence line 1,018 8 feet to the place of beginning, containing 30 012 acres of land. Page 2 of 2 City of Fort Worth, Texas M,,A~oe and Counc~! ComntunicAtion DATE I REFERENCE NUMBER LOG NAME PAGE 3/21/00 G-12848 02235 1 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NO 35 RECOMMENDATION It is recommended that the City Council 1 Hold a public hearing concerning the designation of Fort Worth Tax Abatement Reinvestment Zone No 35, and 2 Adopt the attached ordinance which designates Fort Worth Tax Abatement Reinvestment Zone No 35 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312 DISCUSSION The proposed zone is located in north Fort Worth The exact boundaries of the property are described in Exhibit A of the attached ordinance Siecor Operations, LLC, is considering this site for an office and manufacturing space expansion Siecor has submitted a tax abatement application for the proposed expansion This public hearing is required by the Texas Property Redevelopment and Tax Abatement Act (the Act) Notice of this hearing was (1) delivered to the governing body of each affected taxing unit, and (2) published in the newspaper at least seven days prior to this meeting The Act requires the property receiving abatement to be located in a reinvestment or enterprise zone The proposed area meets the criteria for the designation of a reinvestment zone, 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 investments in the zone to benefit the property and to contribute to the economic development of the City Further, the improvements sought in the zone are feasible, practicable and would benefit the land included in the zone and the City after any tax abatement agreements which may be entered into (in accordance with state law) have expired The- designation of a reinvestment zone expires after five years and may be renewed for periods not to exceed five years City of Fort Worth, Texas ~11~A~ar And Caunc~l Cainn~un~cAt~an DATE 3/21/00 REFERENCE NUMBER G-12848 LOG NAME 02235 PAGE 2 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING THE ABATEMENT REINVESTMENT ZONE NO 35 FORT WORTH TAX FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that the adoption of this ordinance does not require the expenditure of City funds. MG'j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVFp Mike Groomer 6140 ^ Originating Department Head: ~ ~~~~ C~UN (~ Tom Higgins 6192 (from) MAR 21 20DQ X~ Additional Information Contact: ~ t~e.••~a/ ~ o W h ~ Ardina Washington 8003 City f F ott y1a x aa ~~ .. ~. ,, f Adopted Ordinance No. 1~.s~