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Home My WebLink AboutOrdinance 13708ORDINANCE NO /~~p~ 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 31, 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 16th day of February, 1999, 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 31, entitled Tax Abatement Reinvestment Zone No 31, which shall read as follows DIVISION 31 TAX ABATEMENT REINVESTMENT ZONE NO 31 Section 32-39 70 Findings and Determinations The facts and recitations cont this ordinance are hereby found and correct The City, after conducting heard such evidence and testimony, findings and determinations based evidence presented to it wined decl such has on in the preamble of ared to be true and hearings and having made the following the testimony and -2- (a) That a required hearing on the designation of Tax Abatement Reinvestment Zone No. 31 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 31, City of Fort Worth, Texas The designation of this zone expires five (5) years after the effective date of this division and may be renewed for periods not to exceed five (5 ) years -3- Section 32-39 72 Effective date This division shall take effect on February 16, 1999. 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 ~~ a Assistant City A orney Date ~(-/~- `7y ADOPTED. a -/~ - dj ~J EFFECTIVE a -i~ - g9 -5- City of Fort Worth, 7'eacas n-~Ayar And C,aunc~l Cammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 2/16/99 G-12475 02ZONE 1 of 2 suB~ECT PUBLIC HEARING AND ORDINANCE DESIGNATING FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NUMBER 31 IN CARTER INDUSTRIAL PARK RECOMMENDATION It is recommended that the City Council 1 Hold a public hearing concerning the designation of Fort Worth Tax Abatement Reinvestment Zone Number 31, and 2 Adopt the attached ordinance which designates Fort Worth Tax Abatement Reinvestment Zone Number 31 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312 as amended DISCUSSION The proposed zone is located in Carter Industrial Park in south Fort Worth The exact boundaries of the property are described in Exhibit A of the attached ordinance. Mother Parker's Tea & Coffee has selected this site for the construction of a new coffee manufacturing and distribution center The property owner 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 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 investment in the zone that would be a benefit to the property and that would contribute to the economic development of the city In addition, the improvements sought in the zone 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 M'Ayar and Council Commun~cAtian DATE 2/16/99 REFERENCE NUMBER G-12475 LOG NAME 02ZONE PAGE 2 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NUMBER 31 IN CARTER INDUSTRIAL PARK FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that the adoption of this ordinance will have no material effect on City funds. MG.j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) aPPROYED Mike Groomer 6140 CITY COU~C~~ Originating Department Head: . FEB 1 ~ ~g~9 Tom Higgins 6192 (from) ~ ~~ Additional Information Contact: '~"` ~ e~n~ ~l/~F~ a~CTptr^~r~ C1~ r.~ ri ~t~.°c •.FE:xR `3=JG.r. tai, ~ ~,;:.., Jay Chapa 8003 Adop$ed Orderi`anr~ ~o. ~: