HomeMy WebLinkAboutOrdinance 11897ORDINANCE 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. 19; 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.
1401 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 by
resolution the requirements 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 28th day of
March, 1995, 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 creation 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 19, entitled Tax Abatement Reinvestment
Zone No. 19, which shall read as follows:
DIVISION 19. TAX ABATEMENT REINVESTMENT 20NE NO. 19
.Section 32-39.37 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
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. 19 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
-2-
(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 creation 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 creation 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 32-39.38 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 creates a reinvestment zone for
commercial/industrial tax abatement encompassing the area in
Exhibit "A", attached hereto, and such reinvestment zone is
hereby designated and shall hereafter be designated as Tax
Abatement Reinvestment Zone No. 19, 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.
Section 32-39.39 Effective date.
This division shall take effect on March 28, 1995.
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
-3-
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.
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 D LEGALITY:
City Attorne ~
Date • ~ Z ~ ~ ,
ADOPTED • 3 " 2a~ ~G 5
EFFECTIVE: ~' ~~ ~S
-4-
_ ,..
EXHIBIT A
Fort Worth Tax Abatement Reinvestment Zone No 19 is more accurately described by the
following metes & bounds.
A part of the Allen Beazd Survey, Abstract No 137, situated in the north part of Fort
Worth in Tarranty County, Texas; and embracing a portion of the property described
in the deed to Mercantile Partners, L.P recorded in volume 11752, page 207 of the
Tarrant County Deed Records.
Commence at the southwest corner of Lot 2-R in Block 6 of Mercantile Center as said
Lot appeazs upon the map recorded in cabinet B, slide 1742 of the Tarrant County Plat
Records and then run north 89 degrees-56 minutes west 68 feet to the west lme of
Mercantile Drive and then run south no degrees- 12 minutes- 40 seconds east along the
projected west line of said Mercantile Drive 706-OS/100 feet to the south line of the
Texas Electric Service Company right of way for the northeast and beginning corner
of the tract being described.
Thence south no degrees- 12 minutes-40 seconds east 1316-65/100 feet to the
northwesterly line of the right of way of the St. Louis and Southwestern Railway
Company 50 feet northwesterly and perpendiculaz to its track center
Thence south 63 degrees-43 minutes-25 seconds west, along said northwesterly right of
way line 50 feet from and perpendicular to said track center, 436-6/10 feet to a line
for the middle of Little Fossil Creek.
Thence up said middle of Little Fossil Creek, with its meanders.
north 30 degrees-07 minutes west 148-1/10 feet;
north 63 degrees-35 minutes-21 seconds west 130 feet;
north 87 degrees-29 minutes-35 seconds west 410 feet;
north 51 degrees-28 minutes west 190 feet;
north 27 degrees-07 minutes-22 seconds west 270 feet;
north 57 degrees-08 minutes-26 seconds west 360 feet;
north 40 degrees-44 minutes-15 seconds west 185 feet;
north 15 degrees-32 minutes-50 seconds west 470 feet;
north 6 degrees-56 minutes-28 seconds west 190 feet to the south line of the
Texas Electric Service Company right of way
Thence north 89 degrees-48 minutes-09 seconds east, along the said south line of
Texas Electric Service Company right of way, 1830-8/10 feet to the place of beginning
and containing 48-01/100 acres.
City of Fort Worth, Texas
Mayor and' Council C;c-mmunication
DATE
NUMBER 'LOG NAME
03/28/95 G11024 02ZONE19 1 of 2
SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH
REINVESTMENT ZONE NUMBER NINETEEN
RECOMMENDATION
It is recommended that the City Council
1 Hold a public hearing concerning the designation of Fort Worth Tax Abatement
Reinvestment Zone Number 19, and
2 Adopt the attached ordinance which designates the Fort Worth Tax Abatement
Reinvestment Zone Number 19 pursuant to the Texas Property Redevelopment and Tax
Abatement Act, Tax Code, Sections 312 001 through 312 209 as amended
DISCUSSION
The proposed zone includes a 48 acre parcel of property located in Mercantile Center Business
Parks The exact boundaries of the property are more fully described by metes and bounds in
Exhibit A of the attached ordinance This property has been tentatively selected by Tecnol, Inc
for their distribution center
Consideration of this issue as part of today's agenda serves as a public hearing on the
designation of this reinvestment zone as required by the Texas Property Redevelopment and Tax
Abatement Act As required by state law, notice of this public hearing was published in the
newspaper and delivered to the presidinf officer of the governing body of each affected taxing
unit at least seven days prior to this meeting
The proposed area meets the criteria for the designation of a reinvestment zone, as required by
the Tax Code, 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 In addition, 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
•~ ~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER
G11024 LOG NAME PAGE
03/28/95 02ZONE19 2 of 2
SUBJECT PUBLIC HEARING AND ORDINANCE DESIGNATING THE FORT WORTH
REINVESTMENT ZONE NUMBER NINETEEN
The designation of a reinvestment zone expires after five years and may be renewed for periods
not to exceed five years
Prior to entering into a tax abatement agreement on property outside the boundaries of a state
enterprise zone, the Code requires a municipality to designate a reinvestment zone
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that the adoption of this ordinance does not require the
expenditure of City funds
BT a
Submitted for City Manager's FI1ND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
cirY cou~~t
~
Originating Department Head:
x
~~ ~~ 1~
Tom Higgins 6192 (from)
CG~L.~/ ~~/Er6,t/~6.~
For Additional Information Cit
tof Fo t W
~
Contact: y
z
l,Te9call
Paul Cain 8003 r,
.~1 Printed on recycled paper