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HomeMy WebLinkAboutOrdinance 13967ORDINANCE NO ~I ~ ~~~ 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 32, 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 commercialjindustrial 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 its adoption of City Resolution No 2379, for the City of Fort Worth 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 12th day of October, 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, -2- Article III, a new Division 32, entitled Tax Abatement Reinvestment Zone No 32, which shall read as follows DIVISION 32. TAX ABATEMENT REINVESTMENT ZONE NO. 32 Section 32-39.79 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 pined decl such has on in the preamble of ared to be true and hearings and having made the following the testimony and (a) That a required hearing on the designation of Tax Abatement Reinvestment Zone No 32 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 -3- 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 32-39.80 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 32, 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 Section 32-39.81 Effective date. This division shall take effect on October 12, 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 -4- 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 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 GGL~ Assistant City orney Date ~~ " ~~ ADOPTED ~ O EFFECTIVE ~~ " ~ a- `~ -5- G~, ~~~ ~~~~~ Exhibit A Legal Description Of Property Being a portion of the 43 956 acres conveyed Bell Helicopter Company by the deed recorded in Volume 4031, Page 155 of the Deed Records of Tarrant County, Texas and encompassing all of Tract A, Bell Helicopter Industrial Park, an addition to the Crty of Fort Worth as recorded in Volume 388-49, Page 65 of the Plat Records of Tarrant County, Texas, and more particularly described by metes and bounds as follows BEGINNING at the Northwest corner of aforesaid Tract A, lying in the East right of way line of Norwood Drrve at the intersection of the South right of way line of the C.R.I. and G Railroad, THENCE S 85°24'00"E 972 97 feet along said railroad right of way to an iron rod in the East line of the 25 foot wide sanitary sewer easement conveyed to the City of Fort Worth by the deed recorded in Volume 4116, Page 141 of the Deed Records of Tarrant County, Texas, THENCE along the East Line of said Easement as follows 1 S 29°52'00"E 266 63 feet to an iron rod for a corner; 2. S 02°52'00"E 343 88 feet to an iron rod for a corner; 3 S 22°06'00"E 121 69 feet to an iron rod for a corner 4 S 04°18'00"W 104 85 feet to an iron rod for a corner 5 S 10° 10'00"E 224 61 feet to an iron rod for a corner in North line of the 120 foot nght of way of Trmrty Boulevard, THENCE S 89°10'00"W 197 83 feet along the North right of way line of said Trinity Boulevard to an iron rod for a corner at the intersection of the East line of the 80 foot-right of way of Norwood Drive as shown on the plat recorded in Volume 388-49, Page 65 of the Plat Records of Tarrant County, Texas, THENCE N 00°01'00"E 108.50 feet along the East Right of way line of said Norwood Drive to the Place of Beginning. City of Fort Worth, Texus ~1-~Ayar And ~aunc~l ~ammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 10/12/99 G-12694 02ZONE32 1 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NUMBER 32 RECOMME It is recommended that the City Council 1 Hold a public hearing concerning the designation of Fort Worth Tax Abatement Reinvestment Zone Number 32, and 2 Adopt the attached ordinance which designates Fort Worth Tax Abatement Reinvestment Zone Number 32 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312 DISCUSSION The proposed zone is located in the Bell Helicopter manufacturing plant development in east Fort Worth The exact boundaries of the property are described in Exhibit A of the attached ordinance. Bell Helicopter-Textron has selected this site for the construction of a manufacturing facility associated with development of the V-22 Osprey 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, improvements sought in the zone would benefit the property and would contribute to the economic development of the City Further, the improvements sought in the zone are feasible, practicable and would benefit the land to be 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 M,Ayor And Council CammunicAtion DATE 10/12/99 REFERENCE NUMBER G-12694 .LOG NAME 02ZONE32 PAGE 2 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING FORT WORTH TAX ABATEMENT REINVESTMENT ZONE NUMBER 32 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) ED Mike Groomer 6122 APPROV Originating Department Head: CITY COUNCIL Tom Higgins 6192 (from) ~ ~ j ~ 2 1999 Additional Information Contact: "'°-4 ~~~ J ~ h Jay Chapa 8003 , Tbxas Cit7 of Fort Wort Adopted Ordinance No. 7