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HomeMy WebLinkAboutOrdinance 12977 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 28, 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 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 10 00 a m. on the 22nd 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 28, entitled Tax Abatement Reinvestment Zone No 28, which shall read as follows DIVISION 28 TAX ABATEMENT REINVESTMENT ZONE NO. 28 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 -2- 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 28 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 fax 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 28, 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 54 Effective date This division shall take effect on April 22, 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 -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 A orney Date ~- / 7- ~ 7 ADOPTED ~ p2pL- 9~ EFFECTIVE: -5- ATTACHMENT "A" LEGAL DESCRIPTION Being all of Lots 22 through 29 in Block 3, and all of Lots 1 through 8 and Lots 15 through 22 in Block 4 and all of Bruton Street between Lots 22 through 29nin Block 3 and Lots 1 through 8 in Block 4, as shown on the Plat of Eastwood Addition, an addition in the City of Fort Worth, Texas as recorded in Volume 388-J Page 475, Map Records, Tarrant County, Texas, and all of Lots 22R and 23R in Block 3 and Lots 7R and 8R in Block 4, and all of Burton Street and easement as shown on the Plat of Lots 22 and 23 in Block 3, and Lots 7 and 8 in Block 4, Eastwood Addition, recorded in Volume 388-M, Page 195, Map Records, Tarrant County, Texas, and a tract of land out of the G.J Assabranner Survey, Abstract No. 7, Tarrant County, Texas: COMMENCING at the projection of the intersection of the North ROW line of Berry Street (formerly Tarrant Road) (a varying with ROW) and the East ROW line of Miller Road; THENCE. North, 10 00 feet to a %z" iron rod set at the North end of a foot by 10 foot cut-off and the TRUE PLACE OF BEGINNING• THENCE. North, along the East ROW line of Berry Street, a distance of 423 45 feet to a ''/z" iron rod set at the Northwest corner of Lot 29, Block 3 of Eastwood Addition (Volume 388-J, Page 475), point also being the Southwest corner of Lot 1, Block 3 of Eastwood Addition, recorded in Volume 388-1, Page 15, Map Records, Tarrant County, Texas, THENCE. East, 305 00 feet along the common line of the two (2) Eastwood Additions (Volume 388-J, Page 475 and Volume 388, Page 15) to a''/z" iron rod set at an angle point; THENCE. Continuing along the common line of said two (2) Eastwood Additions, S 83 degrees 26' 00" E, 272.12 feet to a ''/z" iron rod set in the South line of Lot 10, Block 3 of Eastwood Addition (Volume 388-1, Page 15). Point also being the Northeast corner of Lot 22R of A Revision of Lots 22 and 23 in Block 3 and Lots 7 and 8 in Block 4 of Eastwood Addition (Volume 388-M, Page 195), and the Northwest corner of lot 20 in Block 3 of Eastwood Addition (Volume 388-J, Page 475); THENCE. Along the Westerly lines of Lot 20, Block 3, Eastwood Addition (Volume 388-J, Page 475), South, a distance of 71,94 feet to a''/z" iron rod set at an ell corner in Lot 20, Block 3 of said addition, THENCE. East, 98.40 feet to a ''/z" iron rod set at an ell corner in Lot 20, Block 3 of said addition. THENCE. South, 436.33 feet along the West lines of Lot 20, Block 3 and Lots 9,11,12 and 14 in Block 4 of Eastwood Addition (Volume 388-J, Page 475) to a ''/z" iron rod set in the North ROW line of Berry Street (formerly Tarrant Road); THENCE. N 79 degrees 25' 38" W, 195 11 feet along the North ROW line of Berry Street to a ''/z" iron rod set; THENCE. N 80 degrees 28' 00" W, 166.57 feet along the North ROW line of Berry Street to a ''/z" iron rod set; THENCE. N 84 degrees 09' 00" W, 14.32 feet along the North ROW line of Berry Street to a ''/z" iron rod set; THENCE. N 74 degrees 48' 00" W, 61 45 feet along the North ROW line of Berry Street to a '/z" iron rod set; THENCE. N 84 degrees 09' 00" W, 235.39 feet along the North ROW line of Berry Street to a ''/z" iron rod set at the South end of a 10 foot cut-off; THENCE. N 84 degrees 09' 00" W, 14.32 feet along the said cut-off to the TRUE PLACE OF BEGINNING and containing 7 1022 acres of land. City of Fort Wordy Texas 11~cayor acnd Council Communication • DATE REFERENCE NUMBER LOG NAME PAGE 04/22/97 G-11882 02ZONE28 1 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH REINVESTMENT ZONE NUMBER 28 RECOMMENDATION It is recommended that the City Council 1 Hold a public hearing concerning the designation of Fort Worth Tax Abatement Reinvestment Zone Number 28, and 2 Adopt the attached ordinance which designates Fort Worth Tax Abatement Reinvestment Zone Number 28 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 the northeast corner of Miller Avenue and Berry Street The exact boundaries of the property are described in Attachment A of the attached ordinance This site has been selected by Minyard Food Stores for the operation of a full service supermarket Minyard Food Store 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 12) 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 ru.c.. i, fi3'*t,..? Printed on Recyded Paper ` , i i r ? ' City of Fort Worth, Texas Mayor and Council Communication ~ DATE 04/22/97 REFERENCE NUMBER G-11882 LOG NAME 02ZONE28 PAGE 2 of 2 SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH REINVESTMENT ZONE NUMBER 28 FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that the adoption of this ordinance does not require the expenditure of City funds BT m Submitted for City Manager's FUND ACCOUNP CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPR4V~ Originating Department Head: (~ V ~TY V V ~d1 Y~~B . Tom Higgins 6192 (from) A~~ ~~ '~(~~ For Additional Information QLte,~ ~,{saA~e.~(/ City See7at~ of the City O1 Fort WO~rth lexu Jay Chapa 8003 , r: • Printed on Regded Paper Adapted Ord~nanee Na. ~~~~