Ordinance - Designation of Reinvestment Zone Number Forty-Six
Ordinance No. _________ An ordinance superseding Ordinance No. 17-033 and establishing Reinvestment Zone Number Forty-Six; providing this ordinance be cumulative; providing for severability; providing for governmental immunity; providing for injunctions; declaring an emergency and becoming effective ten days after first publication WHEREAS, the City Council of the City of Arlington, Texas, desires to promote the development or redevelopment of a certain area within its jurisdiction by the establishment of a Reinvestment Zone for commercial-industrial tax abatement; and WHEREAS, the City Council of the City of Arlington has established guidelines and criteria governing tax abatement agreements and has stated that the City elects to become eligible to participate in tax abatement; and WHEREAS, on April 7, 2009, the City Council of the City of Arlington, Texas passed Resolution No. 09-079 authorizing staff, following a briefing to City Council regarding creation of the zone, to give notice required by law to call public hearings relative to creation of reinvestment zones for tax abatement; and WHEREAS, on April 25, 2017, staff briefed City Council on the creation of Reinvestment Zone Number Forty-Six; and WHEREAS, on May 23, 2017, a public hearing was held at which time interested persons were entitled to speak and present evidence for or against the designation of the property described in Exhibit “A” as Reinvestment Zone Number Forty-Six, and notice of such public hearing was published in a newspaper of general circulation in the City of Arlington not later than the seventh day before the date of the scheduled hearing; and WHEREAS, on June 13, 2017, City council approved on second reading Ordinance No. 17-033 establishing Reinvestment Zone Number Forty-Six; and WHEREAS, thereafter, City staff determined that the statutory requirement of written notice to all taxing jurisdictions was overlooked and recommended superseding Ordinance No. 17-033 in the consideration of establishing Reinvestment Zone Number Forty-Six; and WHEREAS, all taxing jurisdictions having been noticed per the requirements of state law, a public hearing was held at which time interested persons were entitled to speak and present evidence for or against the designation of the
property described in Exhibit “A” as Reinvestment Zone Number FortySix, and notice of such public hearing was published in a newspaper of general circulation in the City of Arlington not later than the seventh day before the date of the scheduled hearing; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1. That all of the recitals contained in the preambles of this ordinance are found to be true and are adopted as findings of fact by this governing body and as part of its official record. 2. That Ordinance No. 17-033 is superseded in its entirety by this ordinance. 3. The City Council, after conducting a public hearing and having considered all relevant evidence and testimony, has made the following findings and determinations based on such evidence and testimony: A.
That a public hearing on the designation of Reinvestment Zone Number Forty-Six has been properly called, held and conducted, and that notice of such hearing was published in accordance with the law; and
B.
That the boundaries of Reinvestment Zone Number Forty-Six should be the proposed area of land more fully described in the property description attached hereto as Exhibit “A” and depicted on the map attached hereto as Exhibit “B”; and
C.
That the improvements sought to be made in Reinvestment Zone Number FortySix are feasible and practical and would be a benefit to the land to be included in the Zone and to the City of Arlington following the expiration of an executed Tax Abatement Agreement; and
D.
That the proposed area of land to be designated Reinvestment Zone Number Forty-Six is reasonably likely, as a result of this 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, thereby contributing to the economic development of the City of Arlington.
(2)
4. In accordance with State law, the City of Arlington hereby officially creates Reinvestment Zone Number Forty-Six for commercial-industrial tax abatement, which Zone shall hereafter encompass only that certain area of land more fully described in the property description attached hereto as Exhibit “A” and depicted on the map attached hereto as Exhibit “B”; and such Reinvestment Zone shall be officially designated as Tax Abatement Reinvestment Zone Number Forty-Six of the City of Arlington, Texas. 5. The designation of Reinvestment Zone Number Forty-Six of the City of Arlington, Texas shall expire Five (5) years after the effective date of its designation and may be renewed. 6. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Arlington; and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 7. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. 8. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Arlington in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. 9. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Arlington.
(3)
10. This is an ordinance for the immediate preservation of the public peace, property, health and safety, and is an emergency measure within the meaning of Article VII, Sections 11 and 12, of the City Charter; and the City Council, by the affirmative vote of all of its members present and voting, hereby declares that this ordinance is an emergency measure, and the requirement that it be read at two (2) meetings, as specified in Section 11, is hereby waived. 11. This ordinance shall become effective from and after its passage and publication as provided by law.
PRESENTED, FINALLY PASSED AND APPROVED, AND EFFECTIVE on the ____ day of ____________________, 2017, by a vote of ______ ayes and ______ nays at a regular meeting of the City Council of the City of Arlington, Texas.
W. JEFF WILLIAMS, Mayor ATTEST:
_______________________________ MARY W. SUPINO, City Secretary
(4)
Exhibit “A” PROPERTY DESCRIPTION Being a 80.531 acre tract of land situated in the John M Moss Survey, Abstract No.1349, Tarrant County, Texas, , and being a portion of Site 9RB, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Cabinet A, Slide 3-6, A&B, Plat Records, Tarrant County, Texas, and all of Site 9RA1, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Cabinet A, Slide 239, Plat Records, Tarrant County, Texas, and all of Site 9RC2, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Cabinet A, Slide 9993, Plat Records, Tarrant County, Texas, and all of Site 9RD2, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Cabinet A, 8585, Plat Records, Tarrant County, Texas, and all of Site 9RA2R, and Site 9RC1R1 Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Document No. D213253917, County Clerk Records, Tarrant County, Texas, and all of Sites 9RD1R1, 9RD1R2, 9RD1R3, 9RD1R4, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Document No. D214279289, County Clerk Records, Tarrant County, Texas, and all of Site 9RC1R2, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Document No. D217043025, County Clerk Records, Tarrant County, Texas, and all of Site 9RC1R3, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Document No. D217046511, County Clerk Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod, said point being the most southerly point of a corner-clip at the intersection of the existing south right-of-way line of Galleria Drive( having a 60' R.O.W.), and the existing west right-of-way line of 109th Street (having a 100' R.O.W.); THENCE South 00°33'38" East, along said existing west right-of-way line, a distance of 27.71 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 623.38 feet and a central angle of 40°34'16" and a long chord which bears South 20°52'39" East, 432.25 feet; THENCE continuing along said existing west right-of-way line, and along said nontangent curve to the left an arc distance of 441.41 feet to a set 1/2 inch iron rod with a "Graham Assoc. Inc." (GAI) cap for corner; THENCE South 41°07'53" East, continuing along said existing west right-of-way line, a distance of 241.14 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, for the beginning of a non-tangent curve to the right having a radius of 351.52 feet and a central angle of 52°16'55" and a long chord which bears South 14°05'29" East, 309.75 feet;
THENCE continuing along said existing west right-of-way line, and along said nontangent curve to the right an arc distance of 320.76 feet to a set 1/2 inch iron rod with a (GAI) cap for corner; THENCE South 12°02'27" West, continuing along said existing west right-of-way line, a distance of 938.13 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, said point being the intersection of said 109th Street and the existing north right-of-way line of East Division Street (having a variable width R.O.W.); THENCE North 78°12'36" West, leaving said existing west right-of-way line, and along the existing north line of said East Division Street, a distance of 1414.20 feet to a set 1/2 inch iron rod with a (GAI) cap for corner; THENCE North 73°57'51" West, continuing along said existing north right-of-way line, a distance of 122.22 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, said point being in the existing east right-of-way line of North Watson Road (having a variable width R.O.W.); THENCE North 49°21'02" West, leaving said existing north right-of-way line, and along said existing east right-of-way line, a distance of 379.77 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, for the beginning of a non-tangent curve to the left having a radius of 240.00 feet and a central angle of 61°12'24" and a long chord which bears North 34°33'26" West, 244.36 feet; THENCE continuing along said existing east right-of-way line, and along said nontangent curve to the left an arc distance of 256.38 feet to a set 1/2 inch iron rod with a (GAI) cap for corner; THENCE North 65°09'38" West, continuing along said existing east right-of-way line, a distance of 147.87 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, for the beginning of a non-tangent curve to the right having a radius of 1145.17 feet and a central angle of 27°27'13" and a long chord which bears North 24°16'56" West, 543.48 feet; THENCE continuing along said existing east right-of-way line, and along said nontangent curve to the right an arc distance of 548.71 feet to a set 1/2 inch iron rod with a (GAI) cap for corner; THENCE North 10°38'27" West, continuing along said existing east right-of-way line, a distance of 504.52 feet to a found 1/2 inch iron rod for corner, said point being the intersection of the existing east right-of-way line of said North Watson Road and the existing south right-of-way line of said Galleria Drive; THENCE North 89°26'22" East, leaving said existing east right-of-way line, and along said existing south right-of-way line, a distance of 2171.73 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, said point being the most northerly point of a corner-clip at
the intersection of said existing Galleria Drive and said existing109th Street; THENCE South 45°33'38" East, leaving said existing south right-of-way line, and along said corner-clip, a distance of 21.21 feet to the POINT OF BEGINNING and CONTAINING 3,507,965 square feet, 80.531 acres of land, more or less.
Exhibit “B” MAP OF SUBJECT PROPERTY
property described in Exhibit “A” as Reinvestment Zone Number FortySix, and notice of such public hearing was published in a newspaper of general circulation in the City of Arlington not later than the seventh day before the date of the scheduled hearing; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1. That all of the recitals contained in the preambles of this ordinance are found to be true and are adopted as findings of fact by this governing body and as part of its official record. 2. That Ordinance No. 17-033 is superseded in its entirety by this ordinance. 3. The City Council, after conducting a public hearing and having considered all relevant evidence and testimony, has made the following findings and determinations based on such evidence and testimony: A.
That a public hearing on the designation of Reinvestment Zone Number Forty-Six has been properly called, held and conducted, and that notice of such hearing was published in accordance with the law; and
B.
That the boundaries of Reinvestment Zone Number Forty-Six should be the proposed area of land more fully described in the property description attached hereto as Exhibit “A” and depicted on the map attached hereto as Exhibit “B”; and
C.
That the improvements sought to be made in Reinvestment Zone Number FortySix are feasible and practical and would be a benefit to the land to be included in the Zone and to the City of Arlington following the expiration of an executed Tax Abatement Agreement; and
D.
That the proposed area of land to be designated Reinvestment Zone Number Forty-Six is reasonably likely, as a result of this 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, thereby contributing to the economic development of the City of Arlington.
(2)
4. In accordance with State law, the City of Arlington hereby officially creates Reinvestment Zone Number Forty-Six for commercial-industrial tax abatement, which Zone shall hereafter encompass only that certain area of land more fully described in the property description attached hereto as Exhibit “A” and depicted on the map attached hereto as Exhibit “B”; and such Reinvestment Zone shall be officially designated as Tax Abatement Reinvestment Zone Number Forty-Six of the City of Arlington, Texas. 5. The designation of Reinvestment Zone Number Forty-Six of the City of Arlington, Texas shall expire Five (5) years after the effective date of its designation and may be renewed. 6. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Arlington; and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 7. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. 8. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Arlington in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. 9. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Arlington.
(3)
10. This is an ordinance for the immediate preservation of the public peace, property, health and safety, and is an emergency measure within the meaning of Article VII, Sections 11 and 12, of the City Charter; and the City Council, by the affirmative vote of all of its members present and voting, hereby declares that this ordinance is an emergency measure, and the requirement that it be read at two (2) meetings, as specified in Section 11, is hereby waived. 11. This ordinance shall become effective from and after its passage and publication as provided by law.
PRESENTED, FINALLY PASSED AND APPROVED, AND EFFECTIVE on the ____ day of ____________________, 2017, by a vote of ______ ayes and ______ nays at a regular meeting of the City Council of the City of Arlington, Texas.
W. JEFF WILLIAMS, Mayor ATTEST:
_______________________________ MARY W. SUPINO, City Secretary
(4)
Exhibit “A” PROPERTY DESCRIPTION Being a 80.531 acre tract of land situated in the John M Moss Survey, Abstract No.1349, Tarrant County, Texas, , and being a portion of Site 9RB, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Cabinet A, Slide 3-6, A&B, Plat Records, Tarrant County, Texas, and all of Site 9RA1, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Cabinet A, Slide 239, Plat Records, Tarrant County, Texas, and all of Site 9RC2, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Cabinet A, Slide 9993, Plat Records, Tarrant County, Texas, and all of Site 9RD2, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Cabinet A, 8585, Plat Records, Tarrant County, Texas, and all of Site 9RA2R, and Site 9RC1R1 Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Document No. D213253917, County Clerk Records, Tarrant County, Texas, and all of Sites 9RD1R1, 9RD1R2, 9RD1R3, 9RD1R4, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Document No. D214279289, County Clerk Records, Tarrant County, Texas, and all of Site 9RC1R2, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Document No. D217043025, County Clerk Records, Tarrant County, Texas, and all of Site 9RC1R3, Great Southwest Industrial District, Industrial Community No. 2, Installment No. 5, as recorded in Document No. D217046511, County Clerk Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod, said point being the most southerly point of a corner-clip at the intersection of the existing south right-of-way line of Galleria Drive( having a 60' R.O.W.), and the existing west right-of-way line of 109th Street (having a 100' R.O.W.); THENCE South 00°33'38" East, along said existing west right-of-way line, a distance of 27.71 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 623.38 feet and a central angle of 40°34'16" and a long chord which bears South 20°52'39" East, 432.25 feet; THENCE continuing along said existing west right-of-way line, and along said nontangent curve to the left an arc distance of 441.41 feet to a set 1/2 inch iron rod with a "Graham Assoc. Inc." (GAI) cap for corner; THENCE South 41°07'53" East, continuing along said existing west right-of-way line, a distance of 241.14 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, for the beginning of a non-tangent curve to the right having a radius of 351.52 feet and a central angle of 52°16'55" and a long chord which bears South 14°05'29" East, 309.75 feet;
THENCE continuing along said existing west right-of-way line, and along said nontangent curve to the right an arc distance of 320.76 feet to a set 1/2 inch iron rod with a (GAI) cap for corner; THENCE South 12°02'27" West, continuing along said existing west right-of-way line, a distance of 938.13 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, said point being the intersection of said 109th Street and the existing north right-of-way line of East Division Street (having a variable width R.O.W.); THENCE North 78°12'36" West, leaving said existing west right-of-way line, and along the existing north line of said East Division Street, a distance of 1414.20 feet to a set 1/2 inch iron rod with a (GAI) cap for corner; THENCE North 73°57'51" West, continuing along said existing north right-of-way line, a distance of 122.22 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, said point being in the existing east right-of-way line of North Watson Road (having a variable width R.O.W.); THENCE North 49°21'02" West, leaving said existing north right-of-way line, and along said existing east right-of-way line, a distance of 379.77 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, for the beginning of a non-tangent curve to the left having a radius of 240.00 feet and a central angle of 61°12'24" and a long chord which bears North 34°33'26" West, 244.36 feet; THENCE continuing along said existing east right-of-way line, and along said nontangent curve to the left an arc distance of 256.38 feet to a set 1/2 inch iron rod with a (GAI) cap for corner; THENCE North 65°09'38" West, continuing along said existing east right-of-way line, a distance of 147.87 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, for the beginning of a non-tangent curve to the right having a radius of 1145.17 feet and a central angle of 27°27'13" and a long chord which bears North 24°16'56" West, 543.48 feet; THENCE continuing along said existing east right-of-way line, and along said nontangent curve to the right an arc distance of 548.71 feet to a set 1/2 inch iron rod with a (GAI) cap for corner; THENCE North 10°38'27" West, continuing along said existing east right-of-way line, a distance of 504.52 feet to a found 1/2 inch iron rod for corner, said point being the intersection of the existing east right-of-way line of said North Watson Road and the existing south right-of-way line of said Galleria Drive; THENCE North 89°26'22" East, leaving said existing east right-of-way line, and along said existing south right-of-way line, a distance of 2171.73 feet to a set 1/2 inch iron rod with a (GAI) cap for corner, said point being the most northerly point of a corner-clip at
the intersection of said existing Galleria Drive and said existing109th Street; THENCE South 45°33'38" East, leaving said existing south right-of-way line, and along said corner-clip, a distance of 21.21 feet to the POINT OF BEGINNING and CONTAINING 3,507,965 square feet, 80.531 acres of land, more or less.
Exhibit “B” MAP OF SUBJECT PROPERTY
