HomeMy WebLinkAboutOrdinance 12708J
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ORDINANCE NO
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH, TEXAS (1986), AS AMENDED, BY DESIGNATING CERTAIN
PROPERTY IN DENTON COUNTY AS FORT WORTH TAX ABATEMENT
REINVESTMENT ZONE NO. 24, PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILI'TY 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 8th day of
October, 1996, such date being at least seven (7) days after the
e
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 24, entitled Tax Abatement
Reinvestment Zone No. 24, which shall read as follows
DIVISION 24 TAX ABATEMENT REINVESTMENT ZONE NO. 24
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 24 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. 24, 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 October 8, 1996
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.
-A-
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 A EGALITY•
City Attorney q ~Q
Date • i ~ - ~ _ 1 T
ADOPTED. ~- ~-~'
EFFECTIVE • ~~ ~g r
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EXHIBIT "A"
Legal Description
LEGAL DESCRIPTION
BEING a tract of land situated in the F Cuella Survey, Abstract No 267, and in the J Chirino
Survey, Abstract No 265, both in Tarrant County, Texas, and being a portion of that tract of land
described in a Deed to Hillwood/Freeway, LTD as recorded in Volume 9381, Page 66, County
Records, Tarrant County, Texas, and being a portion of that tract of land described in a Deed to
Hillwood/1358, LTD as recorded in Volume 11021, Page 1517, of said County Records, said tract
being more particularly described by metes and bounds as follows•
COMMENCING at the southeast comer of Lot 1, Block 2, Alliance Gateway East, as recorded in Plat
Cabinet A, Slide No 2423, being a point in the north right-of-way line of Liberty Way;
THENCE S00°08'21"E, 120 32 feet to the POINT' OF BEGINNING, being in the south right-of-way
line of said Liberty Way;
THENCE continuing S00°08'21"E, 714 68 feet to a 5/8 inch iron rod with yellow cap stamped
"Carter & Burgess" set;
THENCE N89°51'39"E, 395 08 feet to the west right-of-way line of proposed Eagle Parkway to a 5/8
inch iron rod with yellow cap stamped "Carter & Burgess" set;
THENCE S00°08'21"E, 50 00 feet along said right-of--way line to a 5/8 inch iron rod with yellow cap
stamped "Carter & Burgess" set;
THENCE S89°51'39"W, 1885 08 feet to a 5/8 inch iron rod with yellow cap stamped "Carter &
Burgess" set;
THENCE N00°08'21"W, 765 00 feet to a 5/8 inch iron rod with yellow cap stamped "Carter &
Burgess" set in the south right-of-way line of said Liberty Way;
THENCE N89°51'39"E, 1464 65 feet along. said right-of--way line to a 5/8 inch iron rod with yellow
cap stamped "Carter & Burgess" set in the beginning of a curve to the right;
THENCE 25 35 feet along the arc of said curve, and along said right-of-way line, through a central
angle of 01 °28'01", whose radius is 990 00 feet, the long chord of which bears S89°24'21"E, 25 35
feet to the POINT OF BEGINNING, and containing 1,159,598 square feet, or 26 621 acres of land,
more or less
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City of wort worth, texas
Mayor and Council Communication
DATE REFERENCE NiTMBER LOG NAbiS PAGE
10/08/96 G-11642 02PHZ24 1 of 2
I SUBJECT I PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH
REINVESTMENT ZONE NUMBER 24
RECOMMENDATION
It is recommended that the City Council
1 - Hold a public hearing concerning the designation of Fort Worth Tax Abatement
Reinvestment Zone Number 24, and
2 Adopt the attached ordinance which designates Fort Worth Tax Abatement Reinvestment
Zone Number 24 pursuant to the Texas Property Redevelopment and Tax Abatement Act
(the Act), Tax Code, Sections 312 001 through 312 209 as amended
DISCUSSION
The proposed zone Number 24 is located in far north Fort Worth at Alliance Gateway The exact
boundaries of the property are described in Exhibit A of the attached ordinance designating the
zone This site has been selected by Tech Data Corporation fora 250,000 sq ft computer
products distribution and returns facility Tech Data has submitted a tax abatement application
for a National Returns Center operation to be located at this site
This public hearing is required by 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 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 i ' ~~;~w
The designation of a reinvestment zone expires after five years and may be renewed for periods
not to exceed five years
Printed on Bagdad Paper
City of Fort Wordy Texas
Mayor and Council Communication
DATE
10/08/96 REFERENCE NUMBER
G-11642 LOG NAME
02PHZ24 PAGE
2 of 2
SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH
REINVESTMENT ZONE NUMBER 24 ~
FISCAL INFORMATION/CERTIFI.CATION
The Director of Fiscal Services certifies that the adoption of this ordinance does not require the
expenditure of City funds
BT t
Submitted for Clty Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNCIL
Originating Department Head:
OCT ~ 1996
Tom Higgins 6192 (from)
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For Additional Information City,Socretaszq of ~e
Texaa
t Worth
Contact: ,
City of For
Paul Cain 8003
~ Printed on Recyded Paper pdOpted Ordinance No. E-=~--~