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HomeMy WebLinkAboutOrdinance 14296ORDINANCE N0. ~' 4~z l6 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 36, 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 2617 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 8th day of August, 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 36, entitled Tax Abatement Reinvestment Zone No 36, which shall read as follows DIVISION 36 TAX ABATEMENT REINVESTMENT ZONE NO 36 Section 32-39 91 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 36 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 92 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 36, 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 93 Effective date This division shall take effect on August 8, 2000 SECTION 2 This ordinance sh-all 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 Assistant C' Attorney Date ~'22~11'D G'l2 f196 ADOPTED ~ ~~ S-OO EFFECTIVE ~/ "~5 ! d -5- City of Fort Worth, Texas ~~oe and Council C,ommunicAtian DATE REFERENCE NUMBER LOG NAME PAGE 8/15/00 G-12986 02COTTON 1 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NUMBER 36 RECOMMENDATION It is recommended that the City Council 1 Hold a public hearing concerning the designation of Fort Worth Tax Abatement Reinvestment Zone Number 36, and 2 Adopt the attached ordinance which designates Fort Worth Tax Abatement Reinvestment Zone Number 36 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312 DISCUSSION The proposed Reinvestment Zone Number 36 is located in downtown Fort Worth The exact boundaries of the property are described in Exhibit A of the attached ordinance Cotton Depot, LLC is considering this site for amixed-use office and housing development. Cotton Depot, LLC has submitted a Tax Abatement Application for its proposed development. 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 Commercial Recorder 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 that 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 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 M,~A~o~ and Council CommunicAtian DATE 8/15/00 REFERENCE NUMBER G-12986 LOG NAME 02COTTON PAGE 2 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING THE ABATEMENT REINVESTMENT ZONE NUMBER 36 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 k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) /~ ~/~ROv~® p Mike Groomer 6140 ~~~ 1 CQUN~~L~ Originating Department Head: AUG 15 2000 Tom Higgins 6192 (from) y ~..a~+., l ~)~J Additional Information Contact: d;itq Secrrrtar~g of the ~ilty Ol~ 1'071 WOrtll~ ~`i P,%8a Ardina Washington 8003 Adopted Ord-nar~G~ (~~,~ y.Z 96 Exhibit A Legal Description for Reinvestment Zone Number 36 REMAINING "H" ZONING CLASSIFICATION BEING a 4.560 acre tract of land in the R. Briggs Survey, Abstract No. 116 situated in the City of Fort Worth, Tarrant County, Texas and being a portion of Block 1 of the NBC Warehouse Site (Corrected Plat), an addition to the City of Fort Worth as recorded in Volume 388-136, Page 32 of the Plat records of Tarrant County, Texas and being more particularly described as follow: COMMENCING at a 1/2" iron pin found at the southwest corner of said Block 1, NBC Warehouse Site, said point being on the northern right-of-way line of State Highway Spur No. 280 (right-of-way varies) and the east line of the Santa Fe Railroad; THENCE N62°05'09"E along the northern right-of-way line of said State highway Spur No. 280, 229.13 feet to the POINT OF BEGINNING; THENCE N29°50'53"W, 188.21 feet to a 5/8" iron pin found; THENCE N60°10'41"E, 2.17 feet to a 5/8" iron pin found; THENCE N29°29'21"E, 2.57 feet to an "x" found cut in concrete; THENCE N60°30'39"E, 814.74 feet to a 5/8" iron pin found; THENCE N29°56'16"W, 7.51 feet to an "x" found cut in concrete; THENCE N60°09'07"E, 233.63 feet to a 5/8" iron pin found on the western right- of-way line of the Fort Worth & Denver Railroad (ROW Varies); THENCE S02°43'00"w along the western right-of-way line of said Fort Worth and Denver Railroad, 198.45 feet to an "x" found cut on a boulder; THENCE S13°53'43"E along the western right-of-way line of said Fort Worth and Denver Railroad, 165.64 feet to a 1/2" iron pin found on the northern right-of- way line of said State Highway Spur No. 280; THENCE N89°14'57"W along the northern right-of-way line of said State Highway Spur No. 280, 197.48 feet to a 1/2" iron pin found; PECOM i 7 r t��rf::1THil ('!'1 Page 1 of2 ___', L'i , g:V.li' THENCE S71°17'53"W along the northern right-of-way line of said State Highway Spur No. 280, 246.87 feet to a 1/2" iron pin found; THENCE S63°47'19" along the northern right-of-way line of said State Highway Spur No. 280, 108.65 feet to a 1/2" iron pin found; THENCE S58°29'37"W along the northern right-of-way line of said State Highway Spur No. 280, 235.10 feet to a 3/4" iron pin found; THENCE S51°38'13"W along the northern right-of-way line of said State Highway Spur No. 280, 80.89 feet to a 3/4" iron pin found; THENCE S62°05'09"W along the northern right-of-way line of said State Highway Spur No. 280, 62.65 feet to the POINT OF THE BEGINNING and containing 4.560 acres of land, more or less. 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