O662ORDINANCE NO. 662
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, DESIGNATING A CERTAIN AREA AS A TAX
ABATEMENT REINVESTMENT ZONE FOR COMMERCIAL -
INDUSTRIAL TAX ABATEMENT, WITHIN THE CITY OF KENNEDALE,
TEXAS; ESTABLISHING THE BOUNDARIES THEREOF AND OTHER
MATTERS RELATED THERETO; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City Council of the City of Kennedale, Texas (sometimes
hereinafter referred to as the "City") desires to promote the development or
redevelopment of a certain contiguous geographic area within the City of Kennedale,
Texas, by the creation of a reinvestment zone for commercial -industrial tax abatement
("Zone"), as authorized by Chapter 312 of the Texas Tax Code, as amended; and,
WHEREAS, a public hearing before the City Council of the City was scheduled
and held at 7:00 p.m. on June 20, 2019, such date being at least seven (7) days after
the date of publication of the notice of such public hearing, pursuant to Section
312.201(d) of the Texas Tax Code, as amended; and,
WHEREAS, the City Council held such public hearing after publishing notice of
such public hearing, and giving written notice to all taxing units overlapping the territory
inside the proposed Zone; and,
WHEREAS, the City at such public hearing invited any interested person to
appear and speak for or against the creation of the Zone, the boundaries of the
proposed Zone, whether all or part of the territory should be included in such proposed
Zone, and the concept of tax abatement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The findings set forth above are incorporated into the body of this Ordinance as if
fully set forth herein.
SECTION 2.
The City, after conducting such public hearing and having heard such evidence
and testimony has made the following findings and determinations based upon the
testimony presented:
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0662 CITY OF KENNEDALE, TX 2019
(a) That a public hearing on the adoption of the Zone has been properly called, held
and conducted, and that notice of such hearing has been published at least
seven (7) days before the hearing in a newspaper of general circulation within
the City, and mailed to all property taxing units overlapping the territory inside the
proposed Zone at least seven (7) days prior to the public hearing; and
(b) That the boundaries of the Zone should be the area as described in Exhibit A,
which is attached hereto and incorporated herein for all purposes; and
(c) That creation of the Zone for commercial -industrial tax abatement with
boundaries as described in Exhibit A will result in benefits to the City, and to the
land included within the Zone, and the improvements sought are feasible and
practical; and
(d) That the Zone as described and/or depicted in Exhibit A meets the criteria for the
creation of a tax abatement reinvestment zone as set forth in Section 312.202(a)
of the Texas Tax Code, as amended, and in particular Section 312.202(a)(6) of
the Texas Tax Code, 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"; and
(e) That the Zone as described and/or depicted in Exhibit A meets the criteria for the
creation of a tax abatement reinvestment zone as set forth in the City's tax
abatement guidelines and criteria; and
(f) That the improvements proposed for the Zone are feasible and practical and
would be a benefit to the land and to the City after the expiration of any tax
abatement agreement.
SECTION 3.
Pursuant to Section 312.201 of the Texas Tax Code, as amended, the City of
Kennedale, Texas, hereby creates the Zone for commercial -industrial tax abatement
encompassing only the area described in Exhibit A, and such Zone is hereby
designated.
SECTION 4.
The Zone shall take effect immediately upon passage of this Ordinance. The
Zone is effective for five (5) years and may be renewed for periods not to exceed five
(5) years. The expiration of the designation of the Zone does not affect an existing tax
abatement agreement.
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0662 CITY OF KENNEDALE, TX 2019
SECTION 5.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
invalid or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such invalidity or 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 of this
Ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 6.
Any provision of any prior ordinance of the City, whether codified or uncodified,
which is in conflict with any provision of this Ordinance, is hereby repealed to the extent
of the conflict, but all other provisions of the ordinances of the City, whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in
full force and effect.
SECTION 7.
This Ordinance shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, BY A VOTE OF S TO , ON THIS THE 20TH DAY OF
JUNE, 2019.
ATTEST:
CIrY SECRETARY, LESLIE E GALLOWAY
APPROVED,
MAYOR, BRIAN JbHNSON
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Exhibit "A"
13.552 acres of land, known as Lot 1A2, Block 1 of the Harris Corporation Addition, City
of Kennedale, as more particularly described in that Deed without Warranty from Goss
International Americas, Inc. to Kennedale Economic Development Corporation,
recorded as Instrument No. D2142729O7, Tarrant County Real Property Records.
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0662 CITY OF KENNEDALE, TX 2019