HomeMy WebLinkAboutOrdinance 13512ORDINANCE 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 NO 30, 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 7th day of
July, 1998, 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 30, entitled Tax Abatement
Reinvestment Zone No 30, which shall read as follows
DIVISION 30 TAX ABATEMENT REINVESTMENT ZONE NO 30
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
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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. 30 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 30, City of Fort Worth, Texas The designation of this
zone expires five (5) years after the effective date of this
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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 July 7, 1998
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.
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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 LEGALITX
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Assistant City A orney
Date : Co - c2~ - ~~
ADOPTED: ~- '~~--~~~
EFFECTIVE , d~'~- q ~
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EXHIBIT "A"
LEGAL PROPERTY DESCRIPTION
Being a tract of land situated in the John D Hudson Survey, Abstract No 741 and the William Hudson
Survey, Abstract No 738 in the City of Fort Worth, Tarrant County, Texas and being a portion of
Block 4, Carter Industrial Park, per plat as recorded in Volume 388-31, Page 52 of the Deed Records
of Tarrant County, Texas and being a portion of the third tract as deeded to Carter Foundation
Production Company (aka Mereken Land & Production Company) per documents recorded in Volume
3587, Page 319 and Volume 3595, Page 24 of said Deed Records of Tarrant County, Texas, said tract
being more particularly described by metes and bounds as follows.
BEGINNING at a found '/Z inch iron rod on the West R.O W line of Will Rogers Boulevard (a 110
foot wide R.O W per said plat) being or intended to be the Southeast corner of a tract deeded to Ivy
Corporation per document recorded in Volume 7665,. Page 584 of said Deed Records, from said found
%s inch iron rod a found S/8 inch capped iron rod (Carter & Burgess) being or intended to be the
Northeast corner of said Ivy tract bears North 00 degrees 15 minutes 30 seconds West, a distance of
592.93 feet;
THENCE South 00 degrees 15 minutes 30 seconds East (Reference Bearing), along said West R.O W
line of Will Rogers Boulevard, a distance of 2022.52 feet to a set 5/8 inch capped iron rod (BHB INC)
being the Northeast corner of a tract deeded to Missouri Pacific Railroad Company per document
recorded in Volume 9941, Page 1080 of said Deed Records, from said set 5/8 inch capped iron rod
(BHB INC) a found 5/8 inch capped iron road (Carter & Burgess) bears South 00 degrees 15 minutes
30 seconds East, a distance of 50 00 feet of which is being or intended to be the Northeast corner of a
tract deeded to Mereken Land & Production Company per document recorded in Volume 12575, Page
2311 of said Deed Records,
THENCE South 89 degrees 45 minutes 00 seconds West, leaving said West R.O W line of Will
Rogers Boulevard and along the North line of said Missouri Pacific Railroad Company tract, a distance
of 624.22 feet to a set 5/8 inch capped iron rod (BHB INC), said set 5/8 inch capped iron rod (BHB
INC) also being the beginning of a curve to the right whose chord bears North 48 degrees 04 minutes
00 seconds West, a distance of 736 90 feet and having a radius of 548 69 feet;
THENCE Northwesterly, along said curve to the right along the Northerly line of said Missouri Pacific
Railroad Company tract, through a central angle of 84 degrees 22 minutes O1 seconds, an arc length of
807 94 feet to a set 5/8 inch capped iron rod (BHB INC) for the end of said curve;
THENCE North OS degrees 52 minutes 59 seconds West, along the Easterly line of said Missouri
Pacific Railroad Company tract, a distance of 249.38 feet to a set 5/8 inch capped iron rod (BHB INC)
on the West line of said Block 4,
THENCE North 00 degrees 09 minutes 30 seconds West, along said West line of Block 4, a distance of
1279.51 feet to a found 5/8 inch iron rod being or intended to be the Southwest corner of a tract deeded
to Miller Brewing Company per document recorded m Volume 6822, Page 1602 of said Deed Records,
THENCE North 89 degrees 45 minutes 00 seconds East, along the South line of said Miller Brewing
Company tract, passing afound %2 inch iron rod at 428 70 feet and continuing along the South line of
said Ivy tract for a total distance of 1192.40 feet to the POINT OF BEGINNING and containing
2,336,380 square feet or 53 64 Gross acres of land of which 90,846 square feet or 2.09 acres lies within
a drainage area located along the southerly portion of said described tract between the 30 foot building
setback line and the top of bank as located in the field in the month of May, 1997 and the area of the
Chevron Pipeline Company Right of Way Easement lying Easterly of a 30 foot building setback line
being 8,573 square feet or 0.20 acre, leaving a net area of 2,236,961 square feet or 51.35 acres of land,
more or less.
City of Fort Worth, Texas
~1-~Ayar And Caunc~l Cammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
7/7/98 G-12261 02ZONE30 1 of 2
SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING FORT WORTH TAX ABATEMENT
REINVESTMENT ZONE NUMBER 30
RECOMMENDATION
It is recommended that the City Council
1 Hold a public hearing concerning the designation of Fort Worth Tax Abatement Reinvestment Zone
Number 30, and
2. Adopt the attached Ordinance which designates Fort Worth Tax Abatement Reinvestment Zone
Number 30 pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code,
Chapter 312.
DISCUSSION
The proposed zone is located in Carter Ind~!strial Park in south Fort Worth The exact boundaries of
the property are described in Exhibit A of the attached Odinance Ben E Keith Company has selected
this site for the construction of a new food 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
~1~Ayar And ~aunc~l Cammun~cAt~an
DATE
7/7/9$ REFERENCE NUMBER
G-12261 LOG NAME
02ZONE30 PAGE
2 of 2
SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING FORT WORTH TAX ABATEMENT
REINVESTMENT ZONE NUMBER 30
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that the adoption of this ordinance does not require the expenditure of
City funds.
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Submitted for City Manager`s FUND ACCOUNT CENTER AMOUNT CITE SE'C ~ ~~~
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Office by: (to) ~.
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Mike Groomer 6140 i /~PPROVED
Originating Department Head: j
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CITY C®UN~/~ J
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Tom Higgins 6192 (from) ,(j~ 'Y '(g,~
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Additional Information Contact: (
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Cdt7t sF~cra~b~ry of the
Jay Chapa 8003 ~°ib~ ei :'~: t 4~Yort&, `hex&s
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