HomeMy WebLinkAboutOrdinance 12958~ s
ORDINANCE 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 27; 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 N0.
2142 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
April, 1997, 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, notice of the public hearing was delivered to the
presiding officer of the governing body of each affected taxing
unit 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 27, entitled Tax Abatement
Reinvestment Zone No 27, which shall read as follows
DIVISION 27 TAX ABATEMENT REINVESTMENT ZONE NO 27
Section 32-39 52 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
heard such evidence and testimony, has made the following
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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 27 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 53 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. 27, 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 .
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Section 32-39 54 Effective date
This division shall take effect on April 8, 1997.
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 LEGALITY
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Assistant City orney
Date '~~ D ~ `
ADOPTED • ~ ` ~`~ ~~
EFFECTIVE
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ATTACHMENT "A"
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LEGAL DESCRIPTION
A portion of the S P Loving Survey, Abstract No 943, situated in the southeast part of
Fort Worth in Tarrant County, Texas, and embracing part of the 294 acres tract conveyed
to James M. Ellis by the deed recorded in Volume 116, page 405, of the Tarrant County
Deed Records.
Beginning at a stake at the intersection of the west line of said Loving Survey with the
south line of the right of way for East Berry Street as dedicated in Volume 870, page 124,
of said Deed Records, for the northwest and beginning corner of the tract being described.
Thence south 89 degrees 49 minutes east, along said south line of East Berry Street, 329
feet to an iron at the northwest corner of Lot 1, in Block 2, of Jim Ellis Industrial
Addition.
Thence south, along the west line of Lots 1 and 2 in said Block 2, a distance of 471-4/10
feet to the southwest corner of said Lot 2, being in a pipe corner post of fence and 0-1/10
feet east of its west side.
Thence south 89 degrees 49 minutes east, along the south line of said Lot 2 a distance of
201-4/10 feet to an iron at its southeast corner m the west line of Yuma Street.
Thence southerly, along the west line of Yuma Street along a curve to the left with a
radius of 2320-4110 feet, a distance of 55-3/10 feet to a stake for corner
Thence north 89 degrees 49 minutes west 532-9/10 feet to an iron in said west line of the
S P Loving Survey
Thence north, along said survey line, 526-6/10 feet to the place beginning and containing
4-234/1000 acres.
Cit~v of d~'ov~t 6~~rtby ~"exdas
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DATE REFERENCE NUNIDER LOG NAME PAGE
04/08/97 G-11863 02NO27 1 of 2
SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING FORT WORTH REINVESTMENT
ZONE NUMBER 27
RECOMMENDATION
It is recommended that the City Council
1 Hold a public hearing concerning the designation of Fort Worth Tax Abatement
Reinvestment Zone Number 27, and
2 Adopt the attached ordinance which designates Fort Worth Tax Abatement Reinvestment
Zone Number 27 pursuant to the Texas Property Redevelopment and Tax Abatement Act,
Tax Code, Sections 312 001 through 312 209 as amended
DISCUSSION
The proposed zone is located in near southeast Fort Worth at 1340E Berry The exact
boundaries of the property are described in Exhibit A of the attached ordinance This site has
been selected by Tiara Motorcoach for the operation of a conversion vehicles manufacturing
facility Tiara Motorcoach 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 121 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 as a reinvestment zone, in that it is reasonably likely, that
as a result of this designation, there will be expansion of primary employment through attracting
major investment, which will be of benefit to the property and that will contribute to the
economic development of the city Further, the improvements sought in the zone are feasible,
practicable and beneficial to the land 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 fi~q{ve years
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Printed on Bagdad Paper a ,
City of Fort Worth, Texas
Mayor and Council Communication
DATE
04/08/97 REFERENCE NUMBER
G-11863 LOG NAME
02N027 PAGE
2 of 2
SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING
ZONE NUMBER 27 FORT WORTH REINVESTMENT
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that the adoption of this ordinance will have no material
effect on City funds
BT f
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
Originating Department Head: CITY CoU~VCII.
Tom Higgins 6192 (from) A~~ 8 ~~
For Additional Information ~(,~,~„~ ~
Contact: City $+Cr+tary of th+
City of Fort Wotth,'!'exas
lay Chapa 8003
>~ Printed on Regdea Paper Adopted Ordinance No, ~~~~'~