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HomeMy WebLinkAboutResolution 3832-12-2009A Resolution NO 3832 12 2009 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 for businesses displaced by mayor infrastructure projects, such as the Trinity River Uptown Project and the Southwest Parkway (SH 121T) Project, which, pursuant to Resolution No 3556-11 2009 was readopted m 2007 with an expiration date of December 20 2009 and WHEREAS the Relocation Incentives Policy provides for tax abatement, vanous fee waivers and other incentives to certain businesses displaced by mayor 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 mayor 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 two (2) years from the date that the policy was adopted, and WHEREAS accordingly the ability of the City to offer tax abatement as an incentive under the Relocation Incentives Policy will expire on December 20, 2009 unless the Relocation Incentives Policy is readopted, WHEREAS the City Council wishes to continue the offering of tax abatement as an incentive for businesses displaced by mayor infrastructure projects m accordance with the current Relocation Incentives Policy NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS 1 THAT the Crty hereby elects to be eligible to participate m tax abatement m accordance with Chapter 312 of the Texas Tax Code. 2. THAT the Relocation Incentives Policy attached hereto is hereby readopted and that the ORTw '_.. RESOLUTION NO 3832-12-2009 provisions relating to tax abatement therein shall be effective from December 15 2009 through December 14 2011 unless earlier amended or repealed by a vote of at least three fourths (3/4) of the members of the City Council. 3 THAT notwithstanding the provisions of any previous Resolution adopted by the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 rt may subsequently lie 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 3629-06-2008, as previously amended and as tt may subsequently be amended, will expressly govern all tax abatement agreements with persons or entities quahfymg for abatement thereunder and (iii) the Neighborhood Empowerment Zone Tax Abatement Policy adopted by the City Council pursuant to Resolution No 3742-OS-2009 as rt may subsequently be amended, will expressly govern all tax abatement agreements with persons or entities qualifying for abatement thereunder ADOPTED this 15th day of December, 2009 APPROVED CITY CQUNCf~ DEC 1 ~ 2009 City Secrcet~ry of tht~ City of Fort Worth, xexas ORT WORT T' RESOLUTION NO 3832-12-2009 CITY OF FORT WORTH RELOCATION INCENTIVES POLICY & GUIDELINES FOR QUALIFYING BUSINESSES AFFECTED BY PUBLIC INFRAST~tUCTURE PROJECTS GENERAL PURPOSE AND OBJECTIVES 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 fobs and lead to positive economic growth and stabilization. As a result, m 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"man 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 Pohey to provide greater assistance to businesses relocating m areas of the City where private investment and market activity has lagged behind other areas of the Crty (See Attachment 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 `Mayor Public Infrastructure Project" will qualify under this Policy for the following lrst of incentives, as applicable, if that business relocates to a location within the corporate hmlts of the City The City Council shall have sole and final authority to detercrune 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, m fact, displace the business. A business must complete and submit a relocation incentive application with the City of Fort Worth s Economic and Community Development Department prior to locating to a new location in order to qualify for these incentives. Incentives for Relocating within Area 1 (as applicable) 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 zomng.process fee; and g. fire, sprinkler and alarm permit fees, RESOLUTION NO 3832-12-2009 2. Release of certain hens such as weed, demolition, board-up/open structure, and paving; 3 Expedited plan review (through the City contracted plan review service), 4 Expedited Zoning process, and 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 Incentives for Relocating within Area 2 (as applicable) 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 permmt fees, 2 Release of certain liens such as weed, demolition, board-up/open structure, and paving; 3 Expedited plan review (through the City contracted plan review service), 4 Expedited Zoning process, and 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 the Central City Target Area) and make improvements on that property and otherwise m accordance with State Law Incentives for Relocating within Area 3 (as applicable) 1 Expedited plan review (through the City contracted plan review service), and. 2. Expedited Zoning process (if fee paid) 3 Three-year 25% tax abatement on new real and new personal property investment for businesses that purchase real property m the Crty (but outside the Central City) and make improvements on that property and otherwise in accordance with state law 3 CONTACT INFORMATION For more information about this program, contact the City of Fort Worths Housing and Economic Development Department at 817 392 7313 City of Fort Worth, Texas Mayor and Council Communication ~_ ~ . _ ~ _~ COUNCIL ACTION: Approved on 12/fi5/2009 -Res. No. 3832-12-2009 u DATE Tuesday December 15 2009 REFERENCE NO G-16800 LOG NAME 17RELORENEW2009 SUBJECT Adopt a Resolution Readopting the Relocation Incentives Policy for Businesses Displaced by Major Public Infrastructure Projects in the City RECOMMENDATION It is recommended that the City Council adopt a 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 such as the Trinity River Uptown Project and the Southwest Parkway (SH-121 T) Project. On December 20 2005 the City Council adopted the initial Relocation Incentives 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 the public infrastructure project impacting that business as a 'Major Public Infrastructure Project" which will then allow for the use of available relocation incentives Under State law policies pursuant to which a municipality offers tax abatements expire after two years Adoption of the attached Resolution will readopt the Relocation Incentives Policy for another two years There are no proposed changes from the previous Relocation Incentive Policy City staff recommends that the City Council readopt this Policy to provide greater assistance to displaced businesses relocating in areas of the City where private investment and market activity has lagged behind other areas of the City Specifically it is the objective of this policy that the City's strategic investment of its incentive resources improve Fort Worth's entire portfolio of diverse community assets FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that this action will have no material effect on City funds FUND CENTERS TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS Submitted for City Manager's Office b~ Thomas Higgins (6140) Logname 17RELORENEW2009 Page 1 of 2 Originating Department Head. Additional Information Contact: Jay Chapa (6192) Guy Brown (7313) Logname 17RELORENEW2009 Page 2 of 2