HomeMy WebLinkAboutResolution 4644-06-2016 A Resolution
NO. 4644-06-2016,
READOPTING THE RELOCATION INCENTIVES POLICY
FOR BUSINESSES DISPLACED BY MAJOR PUBLIC INFRASTRUCTURE PROJECTS
WHEREAS, pursuant to M&C G-15045, approved by the City Council on December 20, 2005, the City
Council adopted a Relocation Incentives Policy (the "Policy"), which Policy was last readopted on
December 10, 2013 (Resolution No. 4266-12-2013)to be effective until December 15, 2015; and
WHEREAS, the Policy requires that the City Council must by Resolution designate a particular
infrastructure project as a "Major Infrastructure Project" in order for businesses affected by the
infrastructure project to be eligible for incentives under the Relocation Incentives Policy; and
WHEREAS, to date the City Council has designated as "Major Infrastructure Projects" the Southwest
Parkway (SH121T) Project (Resolution No. 3318-02-2006); the Trinity Uptown Project (Trinity River
Vision) (Resolution No. 3390-07-2006); the TEX Rail Project (Resolution No. 4118-08-2012); and the
I-35 Corridor Expansion Project (also Resolution No. 4118-08-2012); and
WHEREAS, the Relocation Incentives Policy provides for tax abatement, various fee waivers and other
incentives to certain businesses displaced by Major Infrastructure Projects if those businesses relocate
their facilities and operations to areas of the City targeted by the City Council for development or
redevelopment; and
WHEREAS, the Relocation Incentives Policy has helped the City retain businesses that might otherwise
have located outside the City or otherwise faced additional hardship due to displacement by major
infrastructure projects; and
WHEREAS, Chapter 312 of the Texas Tax Code provides that a policy pursuant to which a
municipality offers tax abatement is effective only for a period of two (2)years; and
WHEREAS, accordingly, the ability of the City to offer tax abatement as an incentive under the
Relocation Incentives Policy expired on December 15, 2015;
WHEREAS, the City Council wishes to continue the offering of tax abatement as an incentive for
businesses displaced by Major Infrastructure Projects in accordance with the attached Relocation
Incentives Policy;
ORT WORT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. THAT the City hereby elects to be eligible to participate in tax abatement in accordance with
Chapter 312 of the Texas Tax Code.
2. THAT the Relocation Incentives Policy attached hereto is hereby readopted and that the
provisions relating to tax abatement therein shall be effective from June 28, 2016 through June 27, 2018,
unless earlier amended or repealed by a vote of at least three-fourths (3/4) of the members of the City
Council.
3. THAT notwithstanding the provisions of any previous Resolution adopted by the City Council,
(i) this Relocation Incentives Policy, as it may subsequently be amended, will expressly govern all tax
abatement agreements with persons or entities qualifying for abatement hereunder; (ii) the General Tax
Abatement Policy adopted by the City Council pursuant to Resolution No. 4322-05-2014, as previously
amended and as it may subsequently be amended, will expressly govern all tax abatement agreements
with persons or entities qualifying for abatement thereunder; and (iii) the Neighborhood Empowerment
Zone Tax Abatement Policy adopted by the City Council pursuant to Resolution No. 4455-05-2015, as it
may subsequently be amended, will expressly govern all tax abatement agreements with persons or
entities qualifying for abatement thereunder.
ADOPTED this 28th day of June, 2016.
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Mary J. Ka_y 'e r, C ty ecretary
ORT WORT
City of Fort Worth
Relocation Incentives Policy & Guidelines for Qualifying
Businesses Affected by Public Infrastructure Projects
Effective June 28, 2016 through June 27, 2018
1. GENERAL PURPOSE AND OBJECTIVES
1.1 Purpose
The City of Fort Worth ("City") values the many businesses that comprise the
fabric of Fort Worth's business community and which provide for the creation of new
jobs and lead to positive economic growth and stabilization. As a result, in accordance
with the provisions and conditions of this policy statement("Policy"), the City will, on a
case-by-case basis, consider the granting of incentives for businesses that are displaced
and must relocate as a result of an eminent domain, or condemnation, action filed by the
City or another public agency on account of a public infrastructure project that is
designated by resolution of the City Council as a "Major Public Infrastructure Project" in
an effort to retain those businesses in the City.
The City acknowledges that different areas of the City face varying degrees of
challenges in attracting private sector capital for quality business development.
Therefore, the City has designed this Policy to provide greater assistance to businesses
relocating in areas of the City where private investment and market activity has lagged
behind other areas of the City. (See Exhibit A).
2. INCENTIVES AVAILABLE
Any business that is displaced and must relocate as a result on an eminent
domain, or condemnation, action filed by the City or another public agency on account of
a public infrastructure project that is designated by resolution of the City Council as a
"Major Public Infrastructure Project" will qualify under this Policy for the following list
of incentives, as applicable, if that business relocates to a location within the corporate
limits of the City. The City Council shall have sole and final authority to determine the
applicability of this Policy, including, but not limited to, whether a particular operation is
a "business" within the meaning and intent of this Policy and whether a given Major
Public Infrastructure Project will, in fact, displace the business. A business must
complete and submit a relocation incentive application with the City of Fort Worth's
Economic Development Department prior to locating to a new location in order to qualify
for these incentives.
3. INCENTIVES FOR RELOCATING WITHIN AREA 1 (AS APPLICABLE)
3.1 Waiver of the development fees outlined below:
a. building permit(including fees for inspection);
b. zoning fee (required for zoning changes);
c. ordinance inspection fee (all trades);
d. temporary and permanent encroachment fees (up to 90-days);
e. platting fees
f. expedited zoning process fee; and
g. fire, sprinkler, and alarm permit fees;
3.2 Release of certain liens such as weed, demolition, board-up/open structure, and
paving;
3.3 Expedited plan review(through the City contracted plan review service);
3.4 Expedited Zoning process; and
3.5 Eight-year, 75%tax abatement on new real and new personal property investment
for businesses that purchase real property within the Central City Target Area and
make improvements on that property, and otherwise in accordance with state law.
4. INCENTIVES FOR RELOCATING WITHIN AREA 2 (AS APPLICABLE)
4.1 Waiver of the development fees outlined below:
a. building permit(including fees for inspection);
b. zoning fee (required for zoning changes);
c. ordinance inspection fee (all trades);
d. temporary and permanent encroachment fees (up to 45-days);
e. platting fees
f. expedited zoning process fee; and
g. fire, sprinkler, and alarm permit fees;
4.2 Release of certain liens such as weed, demolition, board-up/open structure, and
paving;
4.3 Expedited plan review(through the City contracted plan review service);
4.4 Expedited Zoning process; and
4.5 Four-year, 50%tax abatement on new real and new personal property investment
for businesses that purchase real property within the Central City(but outside
Area 1) and make improvements on that property, and otherwise in accordance
with State Law.
5. INCENTIVES FOR RELOCATING WITHIN AREA 3 (AS APPLICABLE)
5.1 Expedited plan review(through the City contracted plan review service); and.
5.2 Expedited Zoning process (if fee paid).
5.3 Three-year 25%tax abatement on new real and new personal property investment
for businesses that purchase real property in the City(but outside Area 1 and Area
2) and make improvements on that property, and otherwise in accordance with
state law.
6. CONTACT INFORMATION
For more information about this program, contact the City of Fort Worth's Economic
Development Department at 817-871-6021.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION': Approved on 6/28/2016 -Resolution No. 4644-06-2016
DATE: Tuesday, June 28, 2016 REFERENCE NO.: **G-18769
LOG NAME: 17ED RELORENEW2016
SUBJECT:
Adopt Resolution Readopting the Relocation Incentives Policy for Businesses Displaced by Major Public
Infrastructure Projects in the City (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution readopting the Relocation
Incentives Policy for businesses displaced by Major Public Infrastructure Projects in the City.
DISCUSSION:
Businesses from time to time may be required to relocate from their current locations due to major public
infrastructure projects in the City. On December 20, 2005, the City Council adopted the initial Relocation
Incentives Policy (Policy) creating a set of relocation incentives, including tax abatement and development
fee waivers, to be available to such businesses in an effort to retain the businesses in the City (M&C G-
15045). Each request for tax abatement incentives under the Policy requires approval from the City
Council. In order for a business to be eligible under this Policy, the City Council must first pass a
resolution designating a public infrastructure project impacting the business as a Major Public
Infrastructure Project, which will then allow for the use of available relocation incentives under the
Policy. The current designated Major Public Infrastructure Projects include Chisholm Trail Parkway (SH-
121 T) (Resolution No. 3318-02-2006), the Trinity Uptown Project (Trinity River Vision) (Resolution No.
3390-07-2006), the TEX Rail Project (Resolution No. 4118-08-2012) and the IH-35 Corridor Expansion
Project (also Resolution No. 4118-08-2012).
Under state law, policies pursuant to which a municipality offers tax abatements expire after two
years. The current Policy was adopted by the City Council on December 10, 2013 (Resolution No. 4266-
12-2013), to be effective from December 16, 2013 until December 15, 2015. Adoption of the attached
resolution will readopt the Policy for another two years. There are no proposed changes from the current
Policy.
Once adopted, the Policy will be effective from June 28, 2016 through June 27, 2018.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that costs associated with the Relocation Incentives Policy will be
incorporated into the City's Capital Projects and will be appropriated as such.
Logname: 17ED RELORENEW2016 Page 1 of 2
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project P Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department lAccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Robert Sturns (212-2663)
Additional Information Contact: Robert Sturns (212-2663)
Logname: 17ED RELORENEW2016 Page 2 of 2