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Home My WebLink AboutOrdinance 14063ORDINANCE NO ~y ® ~~ 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 NO 34, 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 10 00 a.m on the 18th day of January, 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 34, entitled Tax Abatement Reinvestment Zone No 34, which shall read as follows DIVISION 34 TAX ABATEMENT REINVESTMENT ZONE NO. 34 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 34 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 34, 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 January 18, 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• l%%~-~X Assistant City orney Date : /-/ ~- O O ADOPTED. EFFECTIVE ~'~,~~, l~, , (`~ -5- ~~~yo~ EXHIBIT A LEGAL DESCRIPTION FOR REINVESTMENT ZONE #34 BEING a tract of land situated m the San Antonio & Mexican Gulf Railroad Company Survey, Abstract No 1464, City of Fort Worth, Tarrant County, Texas, being a portion of a tract of land (Tract I) as described in deed to Meacham Rail 191 Limited Partnership, recorded in Volume 12819, Page 563 of the Deed Records of Tarrant County, Texas (DRTCT) and being more particularly described as follows BEGINNING at a cut "x" m concrete set at the location of a %z" iron rod previously set at the southwest corner of Lot 1, Block 1, Railhead Fort Worth, Phase IV, an addition to the City of Fort Worth, Tarrant County, Texas as recorded m Cabinet A, Slide 4561 of the Plat Records of Tarrant County, Texas (PRTCT), said point 1}nng m the east line of proposed Gold Spike Drive (proposed 68' R.O W ), THENCE S 89° 29' 13" E, along the south line of said Lot 1, Block 1, a distance of 2004 62 feet to a %z" iron rod previously set m the east line of said Meacham Rail 191 Limited Partnership Tract I and the west hne of Tract A-R, Block 5 (Railroad Spur) Drainage & Utility Easement of Meacham 3 Way Center, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Volume 388-121, Page 31, PRTCT, said point being the southeast corner of said Lot 1, Block 1, THENCE S 00° 20'46" W, along the west line of said Tract A-R, Block 5 and the east line of said Meacham Rail 191 Limited Partnership Tract I, a distance of 1763 60 feet to a %z" iron rod previously set at the southwest corner of said Tract A-R, Block 5, said point 1}nng in the north line of proposed Meacham Boulevard (proposed variable width R.O W ), from which a %z" iron rod previously set at the location of a 3/8" iron rod previously found (now-obliterated) at the northwest corner of the existing platted terminus of Meacham Boulevard as dedicated by plat recorded in Volume 388-109, Page 75, PRTCT, bears S 89° 39' 14 E, 0 38 feet; THENCE traversing said Meacham Rail 191 Limited Partnership Tract I, along the northerly and northeasterly lines of said proposed Meacham Boulevard the following: N 89° 39' 14" W, a distance of 278 14 feet to a %z" iron rod with a plastic cap set at the point of curvature of anon-tangent circular curve to the right, having a radius that bears N 08° 30'08" E, 1482 93 feet; Northwesterly, along said circular curve to the right, through a central angle of 21° 22'52", an arc distance of 553 38 feet and having a chord that bears N 70° 48'26" W, 550 18 feet to a %z" iron rod with a plastic cap set at the point of tangency; N 60° 07'00" W, a distance of 550 61 feet to a %z" iron rod with a plastic cap set at the point of curvature of a circular curve to the left, having a radius of 1583 91 feet; Northwesterly, along said circular curve to the left, through a central angle of 27° 34'46", an arc distance of 762 42 feet and having a chord that bears N 73° 54'23" W, 755 08 feet to a %z" iron rod previously set at the intersection of the northerly hne of said proposed Meacham Boulevard, with the east line of said proposed Gold Spike Drive, THENCE N 00° 20'46" E, along the east hne of said proposed Gold Spike Drive, traversing said Meacham Rail 191 -Limited Partnership Tract ~I, a distance of 1115 35 feet to the POINT OF BEGINNING and containing 2,930,276 square feet or 67.270 acres of land. Page 1 of 1 City of Fort Worth, Texas A yr And aunc~l C,ami»un~cA~ian ~~ ~ C DATE REFERENCE NUMBER LOG NAME PAGE 1/18/00 G-12789 02HEARING 1 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NUMBER 34 RECOMMENDATION It is recommended that the City Council 1 Hold a public hearing concerning the designation of Fort Worth Tax Abatement Reinvestment Zone Number 34, and 2 Adopt the attached ordinance which designates Fort Worth Tax Abatement Reinvestment Zone Number 34 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312 DISCUSSION The proposed zone is located in the Railhead Industrial Park development in the Fort Warth North Enterprise Zone The exact boundaries of the property are described in Exhibit A of the attached ordinance Mattel, Inc is considering this site for a distribution facility The property owner (Railhead Properties) has submitted a tax abatement application for the facility that is to be operated at this site 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 City's official publication 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 investment in the zone that would be a benefit to the property and would contribute to the economic development of the City Further, the improvements sought in the zone are feasible, practicable 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 (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 ~1-~A~a~ ..And Caunc~l a~rt~rlun~cAt~on C DATE 1/18/00 REFERENCE NUMBER G-12789 L-OG NAME 02HEARING PAGE 2 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE .DESIGNATING THE ABATEMENT REINVESTMENT ZONE NUMBER 34 FORT WORTH TAX FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that adoption of this ordinance will have no material effect on City funds MG k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by (to) ROVED APP Mike Groomer 6140 (~ ( L '~~ OU~~~ Originating Department Head: ~/ " ` 8 Z~~U Tom Higgins 6192 (from) IAN 1 Additional Information Contact: ~ `ji4'"''J City Secretary of the f Fort Worth Texss i Ardina Washington 8003 ty o C ~duptrd Ordmanc~ Nos 1 ~~03