HomeMy WebLinkAboutOrdinance 23159-04-2018 ORDINANCE NO. 23159-04-2018
AN ORDINANCE AMENDING CHAPTER 32 (TAXATION)
OF THE CODE OF THE CITY OF FORT WORTH(2015),AS
AMENDED, BY REPEALING ARTICLE IV, "TAX
EXEMPTION FOR CERTAIN HISTORIC PROPERTY",
SECTION 32-41, "CITY AD VALOREM TAX EXEMPTION
FOR CERTAIN HISTORIC PROPERTY TO BE
REHABILITATED OR RESTORED FOR MULTIFAMILY
RESIDENTIAL FACILITIES"; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 28, 1994,the City Council adopted Ordinance No. 11603 (M&C G-
10697) that authorized an ad valorem tax exemption for certain historically-designated properties
in the City of Fort Worth to encourage the preservation and rehabilitation of historic structures,
the same being codified in Section 32-41 of the City Code;
WHEREAS, Section 4.401 of the City's Zoning Ordinance currently allows for a historic
site tax exemption that serves the same or similar purpose as Section 32-41 of the City Code;
WHEREAS, the historic site tax exemption set out in Section 32-41 of the City Code has
only been used once since its enactment, with all of the other historic exemptions being granted
pursuant to Section 4.401 of the City's Zoning Ordinance;
WHEREAS, therefore, due to the lack of interest by the public and the fact that the same
or similar historic exemption exists elsewhere in the City Code, staff recommends repealing
Section 32-41 of the City Code.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That Chapter 32, "Taxation",Article IV, "Tax Exemption for Certain Historic Property",
Section 32-41,"City Ad Valorem Tax Exemption for Certain Historic Property to be Rehabilitated
or Restored for Multifamily Residential Facilities", of the Code of the City of Fort Worth, Texas
(2015), as amended, is hereby repealed in its entirety.
Ordinance No.23159-04-2018 Page 1 of 3
SECTION 2.
That this ordinance shall be cumulative of all provisions of ordinances and of the Codi
of the City of Fort Worth, Texas (2015), as amended, except where provisions of this ordinance
are in direct conflict with the provisions of such ordinances and such Code,in which the conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections,paragraphs,
sentences, clauses and phrases of the ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment r
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of tie
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of y
such unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas,are expressly saved as to any and
all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances bf
the City,that have accrued at the time of the effective date of this ordinance;and,as to such accru d
violations and all pending litigation,both civil and criminal,whether pending in court or not,un r
such ordinances, same shall not be affected by this ordinance, but may be prosecuted until aI
disposition by the courts.
SECTION 5.
The City Secretary of the City of Fort Worth is hereby directed to engross and enroll is
ordinance by copying this caption and effective date in the minutes of the City Council and by
filing the ordinance in the ordinance records of the City.
Ordinance No.23159-04-2018 Page 2 M ?.
SECTION 6.
This ordinance shall take effect and be in full force and effect from and after its adoption,an
it is so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST
Tyler F. Wallach, Assistant City Attorney Mary J. Kay#�.0tVSe4Wtary
ADOPTED AND EFFECTIVE: April 3, 2018
iii 8 Pl�gd]r�i3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/3/2018 - Ordinance No. 23159-04-2018
DATE: Tuesday, April 3, 2018 REFERENCE NO.: **9-19255
LOG NAME: 06REPEAL SECTION 32-41 - MULTI-FAMILY HSTE
SUBJECT:
Adopt Ordinance Repealing Section 32-41, "City Ad ValoremTax Exemption for Certain Historic Property to
be Rehabilitated or Restored for Multifamily Residential Facilities", of the Code of the City of Fort Worth
(COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance repealing, Section 32-41, "City Ad
Valorem Tax Exemption for Certain Historic Property to be Rehabilitated or Restored for Multifamily
Residential Facilities", of the Code of the City of Fort Worth.
DISCUSSION:
On June 28, 1994, the City Council adopted Ordinance No.11603 (M&C G-10697), authorizing an ad
valorem tax exemption for certain historically-designated, multi-family residential facilities in the area
comprising the Downtown Public Improvement District. The purpose of this section was to encourage the
rehabilitation and restoration of certain historic properties to be used for multifamily residential facilities.
Staff has been working on updates to the Historic Preservation Ordinance (Section 4.401 of Zoning
Ordinance), which include revisions to the City's historic site tax exemption. In the process of reviewing
the current Historic Preservation Ordinance, Staff identified certain items to be removed from the City
Code due to redundancy and lack of use. One of those items is the historic site tax exemption found in
Section 32-41 of the City Code. Section 4.401 of the Zoning Ordinance currently allows for a historic site
tax exemption that serves the same or similar purpose as the historic exemption found in Section 32-41 of
the City Code. Furthermore, the historic exemption in Section 32-41 has only been used once since it was
enacted more than 20 years ago, and there are currently no properties receiving a historic exemption
under it. The standards for receiving the historic exemption are also so restrictive that the exemption
would only apply to a handful of buildings in downtown that have a historic overlay. In order to improve the
City Code, the City's Preservation Program, and the City's historic site tax exemption program, it is
recommended that City Council repeal Section 32-41 of the City Tax Code in its entirety.
This repeal would affect DISTRICT 9.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds as no properties
have qualified for this exemption in the past and none are anticipated in the future.
Logname: 06REPEAL SECTION 32-41 - MULTI-FAMILY HSTE Pige I of 2
I
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # �mountl
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # �m;u!
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Justin Newhart (8037)
Logname: 06REPEAL SECTION 32-41 - MULTI-FAMILY HSTE Page 2 of 2