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HomeMy WebLinkAboutResolution 3699-12-2008A Resolution NO 3699-12 2008 AMENDING THE RELOCATION INCENTIVES POLICY FOR BUSINESSES DISPLACED BY MAJOR PUBLIC INFRASTRUCTURE PROJECTS WHEREAS pursuant to Resolution No 3556-11 2007 adopted by the City Council on November 27 2007 the City Council adopted a Relocation Incentives Policy for businesses displaced by mayor infrastructure projects, such as the Tnmty River Uptown Project and the Southwest Parkway (SH 121T) Project; 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, as specifically identified m the Relocation Incentives Pohcy (the `Targeted Areas") and WHEREAS, the Relocation Incentives Pohcy 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, the Relocation Incentives Policy currently only makes displaced business that purchase property eligible for any kind of tax abatement, which excludes those businesses that lease property within the Targeted Areas from receiving that incentive; and WHEREAS the Crty Council wishes to amend the Relocation Incentives Policy so that displaced businesses which lease, rather than buy property are also eligible for tax abatement on new taxable tangible personal property that the businesses place on such leased property when they relocate their operations, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS 1 THAT the City Council hereby adopts the amended Relocation Incentives Policy attached hereto which constitutes the guidelines, cntena, and procedures governing incentives, including tax abatement, available to businesses displaced by mayor infrastructure projects, to be effective from the date of adoption of this Resolution through December 20 2009 unless earlier amended or repealed by a vote of at least three fourths (3/4) of the members of the City Council. Amended language is indicated RESOLUTION NO 3699-12-2008 by a strikethrough for language that is being deleted from the Relocation Incentives Policy and a double underline for language that is being added to the Relocation Incentives Policy 2. THAT (i) this amended Relocation Incentives Policy as tt may subsequently be amended, will expressly govern all tax abatement agreements with persons or entities qualif}nng for abatement hereunder (u) the General Tax Abatement Policy adopted by the City Council pursuant to Resolution No 3629-06-2008 as it may subsequently be amended, will expressly govern all tax abatement agreements with persons or entities qualifynng for abatement thereunder and (iii) the Neighborhood Empowerment Zone Tax Abatement Policy adopted by the City Council pursuant to Resolution No 3487-OS-2007 as it may subsequently be amended, will expressly govern all tax abatement agreements with persons or entities qualifying for abatement thereunder ADOPTED this 16th day of December 2008 _ J~ f~ ATTEST ,~,~,~° .~: w. ~' ~3 r'~~}- APPROVED CITY COUNCIL By Cit}%,Secretary ~ _ ,.,~ , ~ , ~ ~ ~... 4 s t: ^~„ ,~ , •~. ~ '~~rr~ ; w~~~~ DEC 1 6 2008 ~^^~ City Secretary of the City of Fort Worth, Texas 111~~ i ~i" ~!~~ 71~F'ii~ i RESOLUTION NO 3699-12-2008 CITY OF FORT WORTH RELOCATION INCENTIVES POLICY & GUIDELINES FOR QUALIFYING BUSINESSES AFFECTED BY PUBLIC INFRASTRUCTURE PROJECTS 1 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, 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 Ctty 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 m the City The City acknowledges that different areas of the City face varying degrees of challenges m 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 pnvate investment and market activity has lagged behind other areas of the City (See Attachment A) 2 INCENTIVES AVAILABLE Any business that is displaced and must relocate as a result of an eminent domain, or condemnation, action filed by the Crty or another public agency or as a result of official written notification from the City or another public agency that an errunent domain action will be filed, 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 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 deterrnine 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 Mayor 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 and Community Development Department poor 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 zoning process fee; and g. fire, sprinkler and alarm perrrut 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 Eight year 75% tax abatement on new real and new personal property investment for businesses that purchase real property within the Central Crty Target Area (Area 1), as depicted in Attachment A, and make improvements on that property and otherwise m accordance with state law 6 Eight year 75% tax abatement on new personal property investment for businesses that lease real property within the Central City Target Area (Area 1), as depicted in Attachment A, 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 zomng 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 perriut 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 Crty Target Area) (Area 2), as depicted m Attachment A, and make improvements on that property and otherwise in accordance with state law 6 Four year 50% tax abatement on new personal property investment for businesses that lease real property within the Central City (but outside the Central City Target Area) (Area 2), as depicted in Attachment A, 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 in the City (but outside the Central City) (Area 3), as depicted m Attachment A, and make improvements on that property and otherwise m accordance with state law 4 Three year 25% tax abatement on new personal property investment for business that lease real property in the City (but outside the Central City) (Area 3), as depicted m Attachment A, 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 Economic & Community Development Department at 817 392-6103 ~......, j ~._._........ J ~~ _`~ I N •- = C ~ Q ~ ~ N M ~ Y ~'~~. ~_ ~ N N (a N Q ,,, ~ ~ ~ ~ "p m - ..._... ~ J Q Q Q Q ~ ~, J ~ ~'~: ', - ~ ~, ', 6~, '. u L ,..... > ~ .,...i v ~~.~r } _ ........._ dll ~ ~' C _.._..... ~ ~.; Q ~~ .~ W ~. e , u I c ~~ ~ ~ ~.~ amp tea ~ '~ I ~` 0 o .. N N w ~. M ~~ z .~. n 0 o i Z ;, OaG i~~ N 71IH ~~b '' ~ !/ ~. _.. ~. o x r ~_ ` ~IIH ~1S' L. d ~` \ 4 ._ - (' 1. _ ~( _ __. ~~ ~ N m e ~````~ ~°° ~ 1 ~> `~ o ```~,,~ "< m ~~~ a : e N~ a ~.. H J W City of Fort Worth, Texas Mayor and Council Communication «.a a COUNCIL ACTION Approved on 12/16/2008 Res. No 3699-12 2008 DATE Tuesday December 16 2008 LOG NAME 17RELOAMEND REFERENCE NO G-16404 SUBJECT Adopt Resolution Amending the Relocation Incentives Policy for Businesses Displaced by Major Public Infrastructure Projects RECOMMENDATION it is recommended that the City Council adopt the attached resolution amending the Relocation Incentives Policy for businesses displaced by major public infrastructure projects in the City of Fort Worth to allow those businesses that lease property in certain targeted areas of the City of Fort Worth to be eligible for tax abatement on new tangible personal property that is located on such leased property DISCUSSION Businesses from time to time may be required to relocate from their current locations due to major public infrastructure projects in the City of Fort Worth (City), such as the Trinity River Uptown Project and the Southwest Parkway (SH-121T) Project. On November 27 2007 the City Council adopted Resolution No 3556-11 2007 establishing the current Relocation Incentives Policy (Policy). This Policy creates a set of relocation incentives, including tax abatement and development fee waivers to be available to displaced businesses in an effort to retain the businesses in the City (M&C G-15045). The Policy as currently written requires businesses displaced by major infrastructure projects to purchase real property in certain targeted areas in order to qualify for any kind of tax abatement. This provision excludes businesses who may choose to lease rather than purchase real property in these targeted areas from receiving tax abatement on new tangible personal property that is located on the leased property to accommodate the displaced business's relocated operations. The attached amendment allows for businesses that choose to lease real property to be eligible for tax abatement on new tangible personal property located on their leased property The City staff recommends that the City Council adopt this Amendment 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 the City of 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 Logname: 17RELOAMEND Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b~ Originating Department Head. Additional Information Contact: Tom Higgins (6140) Jay Chapa (6192) Mark Folden (8634) Logname• 17RELOAMEND Page 2 of 2