HomeMy WebLinkAboutOrdinance 13422~r
ORDINANCE NO l.J~~,~
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 29, 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 21st day
of April, 1998, such date being at least seven (7) days after the
i°
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 29, entitled Tax Abatement
Reinvestment Zone No 29, which shall read as follows
DIVISION 29 TAX ABATEMENT REINVESTMENT ZONE NO 29
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 29 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, Sections 312 001 through
312 209, 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 29, City of Fort Worth, Texas The designation of
this zone expires five (5) years after the effective date of
-3-
this 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 April 21, 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
-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 City torney
Date: T - 02~~ ~~
ADOPTED: -7 ` a2~- ~I~
EFFECTIVE - ~- a r- 9~
-s-
EXHIBIT "A"
Property Description
1.0160 ACRES OF LAND
BEING a tract of land out of the David Strickland Survey, Abstract 1376, in the City of Fort Worth and being the same tract
conveyed to Jerry W Smith recorded in Volume 6806, Page 1787, Deed Records of Tarrant County, Texas;
BEGINNING at a point in the called North ROW line of Collett-Little Road (a variable ROW) said point being the original
Southeast corner of Redwood Estates Addition recorded in Volume 388-59, Page 59, Map Records, Tarrant County, Texas;
THENCE. East 99.36 feet along the called North ROW line of Collett-Little Road to a point in the West line of a 35.285 acre
tract recorded in Volume 8203, Page 1799 point also being N OOE 12' 28" E, 33.33 feet from a '/z inch iron rod found in
asphalt being the Southwest corner of said 35.285 acre tract;
THENCE. N OOE 10' 28" E, 444.00 feet along the West line of said 35.285 acre tract to a '/2 inch iron rod found at the Ell
corner of Redwood Estates, passing a %z inch iron rod at 4.58 feet;
THENCE. West 100 00 feet along the Redwood Estates line a '/z inch iron rod set in the Ell corner of said addition.
THENCE. S OOE OS' 33" E, along the West line of Redwood Estates, passing a %Z inch iron rod found at 439 42 feet, in all
444 00 feet to the PLACE OF BEGINNING and CONTAINING 1 0160 acres of land.
14.6873 ACRES OF LAND
BEING a tract of land out of the David Strickland Survey, Abstract No 1376, in the City of Fort Worth, Texas and being part
of a 35.285 acre tract conveyed to Collette 820 Joint Venture in Volume 11628, Page 1200, Deed Records of Tarrant County,
Texas and being more particularly described as follows.
BEGINNING at a PK nail found in the West ROW line of Loop 820 and the Southeast corner of the 35.285 acre tract, said
point being in Collett Little Road (ROW not defined);
THENCE. N 89E44'40" W, 996 76 feet along the South line of said 35.285 acre tract and in Collett Little Road to the
Southwest corner of said 35.285 acre tract, a % inch iron rod found,
THENCE N OOE 10' 28" E, 729 64 feet along the West line of said 35.285 acre tract to a '/z inch iron rod found at the
Southwest corner of a 10 0 acre tract conveyed to U S. Rental in Volume 12407, Page 307, and m the East line of Redwood
Estates, recorded in Volume 388-59, Page 59; Deed Records of Tarrant County, Texas;
THENCE. S 89E 20' 15" E, 505.52 feet along the South line of said 10 0 acre tract to the Northwest corner of a 2.0 acre tract
conveyed to Mark Matson and wife, Nan Matson, in Volume 12517, Page 1227 Deed Records of Tarrant County, Texas, a %s
iron rod set;
THENCE. S OOE 52' 00" W, 173 46 feet along the West line of said 2.0 acre tract to a % inch iron rod found at its Southwest
corner;
THENCE. 89E 20' 15" E, 502.24 feet along the South line of said 2.0 acre tract to its Southeast corner and in the West ROW
line of Loop 820, a Yz inch iron rod found;
THENCE. S OOE 52' 00" W, 547.54 feet along the West ROW line of Loop 820 to the PLACE OF BEGINNING and
containing 14 6873 acres of land.
S 6
-M1 w
CONTINUED ON MAP 79 ~_'±
93
'k4okF,;;y}';ti;: r;t6
N
O~
d
Z
d
O
7
Z
~-
Z
O
V
BOOK PAGE 1093
DETAIL MAP SECTION STARTS ON INDEX PAGE 141-- CdPYRIGHT 1971 1998 6y MAPSCO INC. ALL RfGH7S RESERVED
.~
O~
d
Z
O
O
Z
Z
O
V
0 Yg Ua ~g ih CONTINUED ON MAP 107 ~ 0 1000 2000 3000
City of Fort Worth, Texas
~1-~Ayar And aunc~l ammun~cAt~an
C C
DATE
4/21/98 REFERENCE NUMBER
G-12190 LOG NAME
02ZONE PAGE
1 of 1
SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING FORT WORTH TAX ABATEMENT
REINVESTMENT ZONE NUMBER 29
BECOMMENDATION
It is recommended that the City Council
1 Hold a public hearing concerning the. designation of Fort Worth Tax Abatement Reinvestment Zone
Number 29, and
2. Adopt the attached ordinance, which designates Fort Worth Tax Abatement Reinvestment Zone
Number 29 pursuant to the Property Redevelopment and Tax Abatement Act, Tax Code
Sections
,
312.001 through 312.209, as amended (the Act)
DISCUSSION
The proposed zone is located in southeast Fort Worth on Collette-Little Road The exact boundaries of
the property are described in Exhibit A of the attached ordinance. This site has been selected by The
Fort Worth Villas by the Lake, L.P for a senior citizen low and moderate income multi-family
development. The developer/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 Act. In accordance with the Act, notice of this hearing was (1)
delivered to the governing body of each affected taxing unit, and (2) published in a newspaper having
general circulation in the City, 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 statutory 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.
FISCAL INFORMATION/CFRTIFI[:ATIC~N
The Director of Fiscal Services certifies that adoption of this ordinance does not require the expenditure
of City funds.
MG:m
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
f1i"~OVW
Mike Groomer 6140 ~~/ /'\/1, (1~1~11
Originatin
De
artment H
d ~1 ~ i `/~JUfV ~I.e
g
p
ea
:
APIA ~Y 19913
Tom Higgins 6192 (from)
~
Additional Information Contact: '
Jay Chapa 8003
Adopted Ordit~anc~ ~0. ~