HomeMy WebLinkAboutOrdinance 25887-11-2022 ORDINANCE NO. 25887-11-2022
AN ORDINANCE DESIGNATING A CERTAIN AREA IN THE
CITY OF FORT WORTH AS "TAX ABATEMENT
REINVESTMENT ZONE NUMBER ONE HUNDRED AND FOUR,
CITY OF FORT WORTH, TEXAS"; PROVIDING THE
EFFECTIVE AND EXPIRATION DATES FOR THE ZONE AND A
MECHANISM FOR RENEWAL OF THE ZONE; AND
CONTAINING OTHER MATTERS RELATED TO THE ZONE.
WHEREAS,pursuant to the City of Fort Worth's ("City")Tax Abatement Policy,
which was adopted by the City Council to be effective on January 29, 2021 by way of
Resolution No. 5342-02-2021 ("Tax Abatement Policy"), the City has elected to be
eligible to participate in tax abatement and has established guidelines and criteria
governing tax abatement agreements entered into between the City and various third
parties, as authorized by and in accordance with the Property Redevelopment and Tax
Abatement Act, codified in Chapter 312 of the Texas Tax Code ("Code");
WHEREAS, the City Council desires to promote the development of the area in
the City more specifically described in Exhibit "A" of this Ordinance ("Zone") through
the creation of a reinvestment zone for the purpose of supporting new business investment
or expansion, as authorized by and in accordance with Chapter 312 of the Code;
WHEREAS, Beauty Manufacturing Solutions, Corp., or an Affiliate,
("Company") wishes to expend or cause to be expended at least $30 million in real
property improvements for the development of Company's manufacturing operations and
corporate office to be located in the Zone, and Company intends to install new taxable
tangible business personal property at the facility worth at least $40 million that will
ultimately result in a combined real and personal property investment of at least$70 million
(collectively, the "Improvements");
WHEREAS, Company has applied for real and business personal property tax
abatements from the City in return for the installation of the Improvements in the Zone and
compliance with certain other employment and spending requirements;
WHEREAS,to foster economic development in the Zone,and the City, in general,
it is anticipated that the City will enter a tax abatement agreement(s) for one or more
Improvements within the Zone;
WHEREAS, on November 29, 2022, the City Council held a public hearing
regarding the creation of the Zone, received information concerning the Improvements
proposed for the Zone, and afforded a reasonable opportunity for all interested persons to
speak and present evidence for, or against, the creation of the Zone ("Public Hearing"),
as required by Section 312.201(d) of the Code;
Page 1
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and Four,
City of Fort Worth,Texas
WHEREAS,notice of the Public Hearing was published in a newspaper of general
circulation in the City at least seven (7) days prior to the Public Hearing, which satisfies
the requirement of Section 312.201(d)(1) of the Code; and
WHEREAS,in accordance with Sections 312.201(d)(2) and(e)of the Code,notice
of the Public Hearing was also delivered, in writing, to the presiding officer of the
governing body of each taxing unit that includes in its boundaries real property that is to
be included in the proposed Zone not later than the seventh day before the date of the public
hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
FINDINGS.
That, after reviewing all information before it regarding the establishment of the
Zone and after conducting the Public Hearing and affording a reasonable opportunity for
all interested persons to speak and present evidence for,or against,the creation of the Zone,
the City Council hereby makes the following findings of fact:
1.1. The statements and facts set forth in the recitals of this Ordinance are true and
correct. Therefore, the City has met the notice and procedural requirements
established by the Code for creation of the Zone under Chapter 312 of the Code.
1.2. The Improvements proposed for the Zone, as more specifically outlined in the
Public Hearing, are feasible and practical and,once completed,will benefit the land
included in the Zone as well as the City for a period of more than ten (10) years,
which is the statutory maximum term of any tax abatement agreement entered into
under the Chapter 312 of the Code.
1.3. As a result of designation as a reinvestment zone, the area within the Zone is
reasonably likely to contribute to the expansion of primary employment and to
attract major investment in the Zone that will be a benefit to property in the Zone
and will contribute to the economic development of the City.
SECTION 2.
DESIGNATION OF ZONE
That the City Council designates the Zone described in the boundary description
attached hereto as Exhibit "A" and made a part of this Ordinance for all purposes as a
reinvestment zone for purposes permitting tax abatement as may be found desirable by the
City or any other eligible taxing units for purposes authorized by and in accordance with
Chapter 312 of the Code. This Zone will be known as "Tax Abatement Reinvestment
Zone Number One Hundred and Four, City of Fort Worth, Texas." This project is eligible
Page 2
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and Four,
City of Fort Worth,Texas
for commercial/industrial tax abatements per Section 4 of the Tax Abatement Policy
because it concerns a Target Industry.
SECTION 3.
TERM OF ZONE
The Zone takes effect upon the effective date of this Ordinance and expires five (5)
years thereafter. The Zone may be renewed by the City Council for one or more subsequent
terms not to exceed five years, unless otherwise allowed by law.
SECTION 4.
SEVERABILITY
If any portion, section, or part of a section of this Ordinance is subsequently
declared invalid, inoperative, or void for any reason by a court of competent jurisdiction,
the remaining portions, sections or parts of sections of this Ordinance will remain in full
force and effect and shall not in any way be impaired or affected by such decision,opinion,
or judgment.
SECTION 5.
IMMEDIATE EFFECT.
That this Ordinance takes effect upon its adoption.
APPROVED AS TO FORM ATTESTED BY:
AND LEGALITY:
iy�L''�''uJ�.E 47Gf�?l16�t2 cl C700DC�Ct��
By: Jannette S.Goodall(Dec 1,2022 13:55 CST)
Tyler F Wallach Janette S. Goodall
Senior Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE:November 29, 2022
.0
M&C:22-0960
Page 3
Ordinance Designating Tax Abatement Reinvestment Zone Number One Hundred and Four,
City of Fort Worth,Texas
EXHIBIT "A"
BOUNDARY DESCRIPTION OF ZONE
TRACT 2 PROPERTY DESCRIPTION
BEING A TRACT OF LAND SITUATED IN THE WILLIAM HUFF SURVEY ABSTRACT
NUMBER 648, TARRANT COUNTY, TEXAS, AND BEING ALL OF LOT 3R, BLOCK 1
ALLIANCE GATEWAY ADDITION, AND ADDITION TO THE CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS, AS RECORDED IN CABINET A, SLIDE 2155, PLAT
RECORDS, TARRANT COUNTY, TEXAS, THE SAME BEING THAT CERTAIN 29.726
ACRE TRACT (TRACT 2)OF LAND DESCRIBED BY DEED TO DEED TO ALLIANCE 170
BUILDING PARTNERS, LLC, AS RECORDED IN D207348893, COUNTY RECORDS,
TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER &
BURGESS" FOUND AT THE NORTHEAST CORNER OF SAID LOT 3R, BLOCK 1,
ALLIANCE GATEWAY ADDITION, SAID POINT BEING AT THE INTERSECTION OF
SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 170 AND THE WESTERLY
RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD;
THENCE'S 24034'10"W, 1762.61 FEET ALONG THE EAST PROPERTY LINE OF SAID LOT
3R, BLOCK 1 AND THE WESTERLY RIGHT-OF-WAY OF SAID UNION PACIFIC
RAILROAD TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER &
BURGESS" FOUND, SAID POINT BEING AT THE SOUTHEAST CORNER OF SAID LOT
3R, BLOCK 1 AND THE NORTHEAST PROPERTY CORNER OF THAT CERTAIN 7.148
ACRE TRACT OF LAND DESCRIBED BY DEED TO ALLIANCE GATEWAY-PHASE 1
ASSOCIATION AS RECORDED IN DOCUMENT NUMBER D206240552,DEED RECORDS,
TARRANT COUNTY, TEXAS.
THENCE THE FOLLOWING BEARINGS AND DISTANCES ALONG THE SOUTHERLY
PROPERTY LINE OF SAID LOT 3R, BLOCK 1 AND THE NORTHERLY PROPERTY LINE
OF SAID 7.148 ACRE TRACT.
N800 29'25"W, 567.79 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "CARTER& BURGESS" FOUND.
N 00008'21"W, 99.79 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "CARTER& BURGESS"FOUND,
N 24034'09"E, 301.26 FEET TO A5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "CARTER& BURGESS"FOUND,
N 56012'38"W, 49.56 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPTED "CARTER & BURGESS" FOUND AT THE BEGINNING OF A CURVE
TO THE LEFT,WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
I 1°07'46", HAVING A RADIUS OF 411.50 FEET, THE LONG CHORD OF WHICH
BEARS N61°46' 31"W, 79.81 FEET, AN ARC DISTANCE OF 79.93 FEET TO A 5/8 INCH
IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" FOUND AT THE
BEGINNING OF A NON-TANGENT CURVE TO THE LEFT SAID
POINT BEING IN THE EASTERLY RIGHT-OF-WAY LINE OF FORMER VICTORY LANE
(A PORTION OF A 60 FOOT RIGHT-OF-WAY RELEASED BY THE CITY OF FORT
WORTH, TEXAS, BY MAYOR AND COUNCIL REFERENCE NUMBER L- 12805, MAY 23,
2000, SAID TRACT DESCRIBED IN QUICKCLAIM DEED TO NOKIA MOBILE PHONES
INC., RECORDED IN VOLUME 14653, PAGE 224, COUNTY RECORDS, TARRANT
COUNTY, TEXAS)
THENCE THE FOLLOWING BEARINGS AND DISTANCES ALONG THE WESTERLY
PROPERTY LINE OF SAID LOT 3R, BLOCK 1 AND THE EASTERLY RIGHT-OF-WAY
LINE OF FORMER VICTORY LANE. WITH SAID NON-TANGENT CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 34052'42", HAVING A RADIUS OF 490.00 FEET,THE
LONG CHORD OF WHICH BEARS N 26056'55"E, 293.70 FEET, AN ARC DISTANCE OF
298.28 FEET TO AN X-CUT FOUND N 09030'34"E, 435.47 FEET TO A 5/8 INCH IRON ROD
WITH PLASTIC CAP STAMPED "CARTER & BURGESS" FOUND AT THE BEGINNING
OF A CURVE TO THE LEFT WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL
ANGLE OF 10000'00", HAVING A RADIUS OF 1030.00 FEET, THE LONG CHORD OF
WHICH BEARS N 04030'34"E, 179.45 FEET, AND ARC DISTANCE OF 179.77 FEET TO A
5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" FOUND N
00029'26W, 289.81 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "CARTER & BURGESS" FOUND AT THE INTERSECTION OF SAID
EASTERLY RIGHT-OF-WAY LINE OF FORMER VICTORY LANE AND THE
AFOREMENTIONED SOUTHERLY RIGHT-OF-WAY LINE STATE HIGHWAY 170,
THENCE THE FOLLOWING BEARINGS AND DISTANCES ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF STATE HIGHWAY 170. N 890 29' 40" E, 100. 28 FEET TO A5/8
INCH IRON ROD WITH PLASTIC CAP STAMPED" CARTER&BURGESS"FOUND, S 850
21' 46" E, 200.81 FEET TO A TEXAS HIGHWAY DEPARTMENT MONUMENT FOUND. S
820 32' 10"1 E, 403.90 FEET TO A TEXAS HIGHWAY DEPARTMENT MONUMENT
FOUND, S 86030'04"E, 362.45 FEET TO THE POINT OF BEGINNING CONTAINING
1.294,879 SQUARE FEET OR 29.726 ACRES OF LAND MORE OR LESS
TRACT 3 LEGAL DESCRIPTION
BEING A TRACT OF LAND SITUATED IN THE WILLIAM HUFF SURVEYL ABSTRACT
NUMBER 648, TARRANT COUNTY, TEXAS, AND BEING ALL OF THAT PORTION OF
FORMER VICTORY LANE AS DESCRIBED IN THE QUIT CLAIM DEED TO NOKIA
MOBILE PHONES, INC., AS RECORDED IN VOLUME 14653, PAGE 224, COUNTY
RECORDS, TARRANT COUNTY, TEXAS, AND BEING THAT SAME TRACT OF LAND
RELEASED BY THE CITY OF FORT WORTH, TEXAS BY MAYOR AND COUNCIL
REFERENCE NUMBER 1-12805, MAY 23, 2000 AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING AT A5/S INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER'
BURGESS'I FOUND AT THE NORTHEAST PROPERTY CORNER OF SA I0 FORMER
VICTORY LANE, SAID POINT BEING IN THE SOUTH RIGHT-OF-WAY LINE OF STATE
HIGHWAY 170 AND SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 3R,
BLOCK " ALLIANCE GATEWAY ADDITION- AS RECORDED IN CABINET A, SLIDE
2155, PLAT RECORDS, TARRANT COUNIY, TEXAS,
THENCE S 00029' 2611 EL 289.81 FEET ALONG THE EAST LINE OF SAID FORMER
VICTORY LANE AND THE WEST SIDE OF SAID LOT 3R BLOCK 1 TO A 5/8 INCH
IRON ROD WITH PLASTIC CUP STAMPED "CARTER & BURGESS" FOUND AT THE
BEGINNING OF A CURVE TO THE RIGHT
THENCE CONTINUING ALONG THE EAST LINE OF SAID FORMER VICTORY LANE
AND CONTINUING ALONG THE WEST LINE OF SAID LOT 3R, BLOCK 1, AND WITH
SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 179.77 FEET, THROUGH A
CENTRAL ANGLE OF 10000'00" HAVING A RADIUS OF 1030.00 FEET, THE LONG
CHORD OF WHICH BEARS S04030'34"W, 179.54 FEET TO A 5/8 INCH IRON ROD WITH
PLASTIC CAP STAMPED "CARTER& BURGESS"FOUND
THENCE S 09030'34", 435.47 FEET CONTINUING ALONG THE EAST LINE OF SAID
FORMER VICTORY LANE AND CONTINUING ALONG THE WEST LINE OF SAID LOT
3R, BLOCK 1, TO AN X-CUT IN FOUND AT THE BEGINNING OF A CURVE TO THE
RIGHT
THENCE CONTINUING ALONG THE EAST LINE OF SAID FORMER VICTORY LANE
AND CONTINUING ALONG THE WEST LINE OF SAID LOT 3R, BLOCK 1 AND WITH
SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 687.17 FEET THROUGH A
CENTRAL ANGLE OF 80021'05", HAVING A RADIUS OF 490.00 FEET, THE LONG
CHORD OF WHICH BEARS S 49040'06"W 632.23 FEET TO A 5/8 INCH IRON ROD WITH
PLASTIC CAP STAMPED "CARTER& BURGESS" FOUND
THENCE S 89051'39"W, 125.16 FEET CONTINUING ALONG THE EAST LINE OF SAID
FORMER VICTORY LANE TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED
"CARTER& BURGESS" FOUND AT THE BEGINNING OF A NON-TANGENT CURVE TO
THE LEFT, SAID POINT BEING THE SOUTHEASTERLY TERMINUS OF THE
REMAINDER OF VICTORY LANE (A 60' RIGHT-OF-WAY RECORDED IN VOLUME
11858, PAGE 916, COUNTY, RECORDS, TARRANT COUNTY, TEXAS)
THENCE ALONG THE EASTERLY TERMINUS OF SAID VICTORY LANE AND WITH
SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 62.36 FEET
THROUGH A CENTRAL ANGLE OF 54058'22", AND HAVING A RADIUS OF 65.00 FEET,
THE LONG CHORD OF WHICH BEARS N 00008'20" W, 60.00 FEET TO A 5/8 INCH IRON
ROD WITH PLASTIC CAP STAMPED "CARTER&BURGESS"' FOUND AT THE
NORTHEASTERLY TERMINUS OF SAID VICTORY LANE
THENCE N 89051'39"E, 125.16 FEET ALONG THE NORTHERLY AND WESTERLY LINE
OF SAID FORMER VICTORY LANE TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "CARTER& BURGESS" FOUND AT THE BEG INN ING OF ACURVE TO THE
LEFT,
THENCE CONTINUING ALONG THE NORTHERLY AND WESTERLY LINE OF SAID
FORMER VICTORY LANE AND WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE
OF 603.03 FEET, THE LONG CHORD OF WHICH BEARS N 49041'06"E, 554.81 FEET TO
A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER&B URGES S" FOUND;
THENCE N 09030'34"E, 435.47 FEET CONTINUING ALONG THE WESTERLY LINE OF
SAID FORMER VICTORY LANE TO A 5/8 INCH IRON ROD WITH A PLASTIC CAP
STAMPED "CARTER & BURGESS" FOUND AT THE BEGINNING OF A CURVE TO THE
LEFT
THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID FORMER VICTORY
LANE AND WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 169.30 FEET,
THROUGH A CENTRAL ANGLE OF 10000'00",HAVING A RADIUS OF 970.00 FEET,THE
LONG CHORD OF WHICH BEARS N 04030'34"E. 169.08 FEET TO A 5/8 INCH IRON ROD
WITH PLASTIC CAP STAMPED "CARTER& BURGESS" FOUND,
THENCE N 000 29' 26" W, 289. 79 FEET CONT INU ING ALONG THE WESTERLY LINE
OF SAID FORMER VICTORY LANE TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "CARTER& BURGESS" FOUND IN THE SOUTHERLY RIGHT-OF-WAY LINE
OF THE AFOREMENTIONED STATE HIGHWAY 170,
THENCE N89029'40"E, 60.00 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
SAID STATE HIGHWAY 170 TO THE POINT OF BEGINNING AND CONTAINING 99,907
SQUARE FEET OR 2.294 ACRES OF LAND MORE OR LESS.
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 11/29/22 M&C FILE NUMBER: M&C 22-0960
LOG NAME: 17EDTARIZ104
SUBJECT
(CD 7)Conduct Public Hearing and Adopt the Attached Ordinance Designating Tax Abatement Reinvestment Zone No. 104,City of Fort Worth,
Texas,for Property Located at 5650 Alliance Gateway for the Development of a Manufacturing Facility for Beauty Manufacturing Solutions Corp.,
or an Affiliate
(PUBLIC HEARING-a.Report of City Staff:Cherie Gordon;b. Public Presentations;c.Council Action:Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 104,City of Fort Worth,Texas,for property
located at 5650 Alliance Gateway for the development of a manufacturing facility for Beauty Manufacturing Solutions Corp.,or an Affiliate;
2. Find that the intended improvements,which are set forth in more detail below,are feasible and practical and would be a benefit to the land to
be included in Tax Abatement Reinvestment Zone No.104 and to the City after the expiration of any tax abatement agreements;and
3. Adopt the attached ordinance designating Tax Abatement Reinvestment Zone No. 104,City of Fort Worth,Texas,pursuant to and in
accordance with Chapter 312 of the Texas Tax Code.
DISCUSSION:
The proposed Tax Abatement Reinvestment Zone No. 104,City of Fort Worth,Texas(TARZ 104)is for the property located at 5650 Alliance
Gateway in Fort Worth,Texas(Property). A more detailed description of the Property is included as Exhibit A to the attached Ordinance. Beauty
Manufacturing Solutions Corp.,or an Affliate, (Company)is considering leasing at least 400,000 square feet of existing manufacturing space on
the Property to develop a manufacturing facility.The proposed project is anticipated to result in at least$70 milliion in real and business personal
property investment($30 million in construction costs and$40 million in business personal property that will be installed at the facilities),along with
the creation of at least 250 full-time jobs with a minimum salary of$65,800.00.
Designating this area as a reinvestment zone allows the City the option to enter into a tax abatement agreement with the Company to help faciliate
development within this area.
As required by Chapter 312 of the Texas Tax Code,a public hearing must be conducted regarding the creation or expansion of a Reinvestment
Zone. Notice of this hearing was delivered to the governing body of each affected taxing unit and published in a newspaper of general circulation
at least seven days prior to this hearing.
Pursuant to Chapter 312 of the Texas Tax Code,the area encompassing the proposed TARZ 104 meets the statutory criteria for designation as a
Tax Abatement Reinvestment Zone beacuse the area is likely,as a result of the designation,to contribute to the retention or expansion of primary
employment or to attract major investment in TARZ 104 that would be a benefit to the Property and that would contribute to the economic
development of the City. Further,the proposed improvements and investments are feasible and practical and would be a benefit to the land to be
included in the TARZ 104 and to the City after the expiration of any tax abatement agreement.
The term of TARZ 104 will be ten years from the date of adoption of the attached Ordinance and may be renewed for periods not to exceed
ten years each unless otherwise allowed by law.
The proposed zone is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office b . William Johnson 5806
Originating Business Unit Head: Robert Sturns 2663
Additional Information Contact: Robert Sturns 2663