HomeMy WebLinkAboutOrdinance 17964-01-2008ORDINANCE NO.17964-O1-2008
AN ORDINANCE APPROVING AN A1V~NDED PROJECT AND
FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE
NUMBER EIGHT, CITY OF FORT WORTH, TEXAS (LANCASTER
CORRIDOR TIF); MAKING VARIOUS FINDINGS RELATED TO
SUCH AMENDED PLAN; PROVIDING FOR SEVERABILITY; AN:D
PROVIDING AN EFFECTIVE DATE.
WHEREAS, as authorized by Chapter 311 of the Texas Tax Code (the "Act") and
pursuant to Ordinance No. 15775, adopted by the City Council of the City of Fort Worth,
Texas (the "City") on December 9, 2003, the City created Tax Increment Reinvestment
Zone Number Eight, City of Fort Worth, Texas (the "Zone"); and
WHEREAS, on January 22, 2004 the board of directors of the Zone (the "Board")
adopted a project and financing plan for the Zone (the "Plan"), as required by Section
311.011(a) of the Act; and
WIiCREAS, in accordance with Section 311.011(d) of the Act, on January 27, 2004
the City Council approved the Plan pursuant to Ordinance No. 15844; and
WHEREAS, on February 24, 2005, the Plan was subsequently amended by the Board
pursuant to Board Resolution 2005-02, which amendment was approved by the City Council
on March 29, 2005 pursuant to Ordinance No. 16343-03-2005; and
WI~REAS, on June 29, 2006, the Plan was subsequently amended by the Board
pursuant to Board Resolution 2006-04, which amendment was approved by the City Council
on August 15, 2006 pursuant to Ordinance No. 17100-08-2006; and
WIiEREAS, as authorized by Section 311.011(e) of the Act, on December 5, 2007,
and pursuant to Board Resolution 2007-01, the Board amended Section N of the Plan to add
design, fabrication and installation of a T&P Terniinal Waiting Room Commemoration Project,
Page I
Ordinance Approving Amendment to Project and Financing Plan
Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas
and made certain other non-material amenchnents to the Plan, all as depicted in the underlined
language of Exhibit "A", and recommended that the Plan, as amended, be approved by the
City Council;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
Section 1.
FINDINGS.
That the City Council hereby makes the following findings of fact:
l.l. The statements and facts set forth in the recitals of this Ordinance are true and
correct.
1.2. That the Plan, as amended, includes all information required by Sections 311.011(b)
and (c) of the Act.
1.3. That the Plan, as amended, is feasible and the amended and restated Plan conforms
to the City's master plan.
1.4. That on January 29, 2008 but prior to the adoption of this Ordinance, the City
Council held a public hearing on the Plan, as amended, and afforded a reasonable
opportunity for interested persons to speak for or against designation of the Zone and
approval of the Plan, as amended, as well as for owners of property located in the
Zone to protest the inclusion of their property in the Zone (the "Public Hearing"),
as required by Section 311.011(e) of the Act.
Page 2
Ordinance Approving Amendment to Project and Financing Plan
Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas
1.5. That notice of the Public Hearing was published in a newspaper having general
circulation in the City on January 21, 2008, which satisfies the procedural
requirement of Section 311.003(c) of the Act that notice of the Public Hearing be so
published at least seven (7) days prior to the date of the Public Hearing.
Section 2.
APPROVAL OF AMENDED PLAN.
That based on the findings set forth in Section 1 of this Ordinance, the Plan, as
amended, is hereby approved.
Section 3.
DELIVERY OF AMENDED PLANS TO TAXIING ENTITIES.
That the Economic and Community Development Department is hereby directed to
provide a copy of the Plan, as amended, to the governing body of each taxing unit that taxes
real property located in the Zone.
Section 4.
SEVERABILITY.
That 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 shall be and remain in full
force and effect and shall not in any way be impaired or affected by such decision, opinion
or judgment.
Page 3
Ordinance Approving Amendment to Project and Financing Plan
Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas
Section 5.
EFFECTIVENESS.
That this Ordinance shall take effect and be in full force and effect from and after its
adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: January 29, 2008
APPROVED AS TO FORM AND LEGALITY:
By:
L ann D. Guzman
Assistant City Attorney
Date: ~ 1
M&C: G-16032
Page 4
Ordinance Approving Amendment to Project and Financing Plan
Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas
Financing Plan and Project Plan
for the
Tag Increment Reinvestment Zone Number Eight,
City of Fort Worth, Tegas
(Lancaster Corridor TIF)
December 5. ZOO7 : • Deleted: June 29, 2006q
Table of Contents
I. Description of the Proposed Zone
A. Map
B. Legal Description
II. Economic Impact
A. Necessary Public/Private Partnerships
B. Catalyst Redevelopment Projects
C. Targeted Redevelopment Zones
D. Anticipated Economic Activity
III. Tax Increment Projections
IV. Project Costs and Financing
V. Term and Governance
(Pages 3-5)
(Pages 6-10)
(Page 11)
(Pages 12-14)
(Pages 15-17)
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IV. Project Costs and Financing
The TIF District anticipates the capture of increment from the new
development outlined in Attachment A and utilizing those additional funds
to leverage selective catalyst projects in the Lancaster Corridor. This Project
Plan includes the following projects. These project costs are eligible for TIF
funding:
1. T&P Terminal Building: initial costs of $2.8 million in net present value
terms (2003 dollars) for the redevelopment of the T&P Terminal Building
(the "T&P Terminal Redevelopment Project"). Project costs for the T&P
Terminal Redevelopment Project would include:
® Historic Facade Easement Lease
Fagade and Site Work
® Professional Service Costs
® Improvements to the public right-of--way for landscaping and
pedestrian connections
® Environmental Remediation
® City Fee Support
2. Public Infrastructure Associated with Convention Center Hotel Project:
construction and installation of public infrastructure, including street
improvements, utility relocations, parking improvements and landscaping of
public areas on and adjacent to the two (2) City blocks located on the west
side of Houston Street known as .Blocks 7 and 8, Tarrant County Convention
Center Addition, on which construction by Omni Hotels, Inc. of a hotel to
support the Fort Worth Convention Center and various other related
improvements, including a parking garage, is desired (the "Convention
Center Hotel Development Project"). Such public infrastructure would be
paid for or reimbursed from tax increment remaining after satisfaction of any
commitments to the T&P Terminal Redevelopment Project, the T&P
Warehouse Redevelopment Project and any other projects receiving priority
of payment as subsequently determined by the TIF District's board of
directors, subject to any restrictions specifically imposed by the participating
taxing jurisdictions.
3. Management and Administration Costs: The TIF District's board of
directors is authorized to expend up to 5% of annual TIF revenues for
management and administrative purposes, which allocation shall have
12
priority over any other TIF project, including, but not limited to, the T&P
Terminal Redevelopment Project and the Convention Center Hotel
Development Project.
4. T&P Warehouse: up to $9 million for assistance with public
infrastructure costs associated with the redevelopment of the T&P
Warehouse (the "T&P Warehouse Redevelopment Project"), payable as a
reimbursement following completion. Project costs for the T&P Warehouse
Redevelopment Project would include:
^ Environmental remediation and demolition
^ Facade improvements
^ Public streetscape/construction and relocation of utilities
^ Site work on or adjacent to the T&P Warehouse Property
^ Clearing and grading of the T&P Warehouse Property
^ Hardscape and landscape improvements
^ Roof repairs and stabilization of the structure on the roof as
necessary to preserve the historic facade of the T&P Warehouse
^ Professional fees directly related to approved project costs
^ Costs of constructing a public plaza
^ Administrative expenses (third party studies, reports, historical
review and legal fees directly related to the project costs)
^ Reimbursement of City tap and impact fees
^ Interest on any unpaid balance of the reimbursement.
5. Public Infrastructure Associated with Lancaster Avenue Redevelopment:
construction and installation of public infrastructure, including street
improvements, utility relocations, parking improvements and landscaping of
public areas on and adjacent to all portions of Lancaster Avenue that are
within the TIF District. Such public infrastructure would be paid for or
reimbursed from tax increment remaining after satisfaction of any
commitments to the T&P Terminal Redevelopment Project, the T&P
Warehouse Redevelopment Project and any other projects receiving priority
of payment as subsequently determined by the TIF District's board of
directors, subject to any restrictions specifically imposed by the participating
taxing jurisdictions.
6. Public Art Associated with T&P Terminal Building: design, fabrication
and installation of T&P Terminal Waiting Room Commemoration Proiect.
13
Such~ublic infrastructure would be uaid for as subsequently determined by
the TIF District's board of directors, subiect to anv restrictions specifically
ii~osed by the participating taxing iurisdictions.
Any additional TIF Proiect costs would be subiect to review and annroval
by the participating taxing iurisdictions. Projects that could be subject to
additional TIF funding, but subject to review and approval by the participating
taxing entities would be:
U. S Post Office: Streets, Utilities, Landscaping,
Parking, Facade Protection
Fou~° Blocks North of Lancaster- Public
Infrastructure- Streets, Utilities, Parking,
Landscaping
Water Gardens Inzprovenaents: Entrances to
Lancaster, Public Restrooms, Visitor Center,
Utilities, Streets, Landscaping, Access and
Parking
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City of orf ~/orth, ?`axes
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/29/2008 -Ordinance No. 17964-01-2008
DATE: Tuesday, January 29, 2008
LOG NAME: 17TIF8AMENDPLAN REFERENCE NO.: G-16032
SUBJECT:
Adopt Ordinance Amending the Project and Financing Plan for Tax Increment Reinvestment Zone
Number Eight, City of Fort Worth, Texas, Lancaster Corridor TIF
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning an amendment to the Project and Financing Plan for Tax Increment
Reinvestment Zone Number Eight, City of Fort Worth, Texas, Lancaster Corridor TIF, which is included with
the attached Ordinance, to afford an opportunity for interested persons to speak for or against the
recommended approval of the Plan amendment and the TIF's designation as well as for property owners to
protest inclusion of their property in the TIF; and
2. Close the public hearing and adopt the attached Ordinance approving the Lancaster Corridor TIF Plan
amendment.
DISCUSSION:
The Lancaster Corridor TIF project plan, initially adopted by the TIF's board of directors and approved by
the City Council, limited authorized TIF projects to the T&P Terminal Building redevelopment project. The
Project Plan was later amended by the TIF Board and approved by the City Council to include the T&P
Warehouse redevelopment project, Lancaster Avenue Streetscape Improvements, and a TIF management
fee as additional TIF-eligible projects (M&C G-15346).
On December 5, 2007, the Project Plan was subsequently amended by the TIF Board to add public art
associated with the T&P Terminal building as aTIF-eligible expense. The TIF Board also approved funding
for this project upon adoption of the amended TIF Project Plan by the City Council. The amended TIF Plan
is included as part of the attached Ordinance. All changes to the original TIF project plan are indicated
either by adouble-underline for added language or a strikethrough for deleted language.
Before the amended Plan can take effect, state law requires that the City Council approve the Plan
amendment by Ordinance adopted after holding a public hearing at which interested persons may speak for
or against the amended TIF Plan.
In accordance with state law, notice of the public hearing was published in a newspaper having general
circulation in the City at least seven days prior to the date of the hearing.
The projects contained within the TIF Project Plan are located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
Lognalne: 17TIF8AMENDPLAN Page 1 of 2
TO Fund/Accaunt/Centers
FROM Fund/Account/Centers
Submitted for CitX Manager's Office ~: Dale Fisseler (6140)
Originating_Department Head: Tom Higgins (6192)
Additional Information Contact: Ossana Hermosillo (8618)
Logname: I7TIF8AMENDPLAN Page 2 of 2