HomeMy WebLinkAboutResolution 4051-11-2011A Resolution
NO. 4051 -12 -2011
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 major infrastructure
projects, such as the Trinity River Uptown Project and the Southwest Parkway (SH -121T) Project; 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 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 14, 2011 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 major infrastructure projects in 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 City hereby elects to be eligible to participate in tax abatement in accordance with
Chapter 312 of the Texas Tax Code.
ORT WORT
T
Resolution No. 4051 -12 -2011
2. THAT the Relocation Incentives Policy attached hereto is hereby readopted and that the
provisions relating to tax abatement therein shall be effective from December 15, 2011 through
December 15, 2013, unless earlier amended or repealed by a vote of at least three- fourths (3/4) of the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. 3363 -06 -2006, 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. 3487 -05 -2007, as it
may subsequently be amended, will expressly govern all tax abatement agreements with persons or
entities qualifying for abatement thereunder.
ADOPTED this 6 1 day of December, 2011.
ATTEST: Ana
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CITY OF FORT WORTH
RELOCATION INCENTIVES POLICY & GUIDELINES
FOR QUALIFYING BUSINESSES AFFECTED BY PUBLIC
INFRASTRUCTURE PROJECTS
Effective December 15, 2011 — December 15, 2013
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 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 Housing and Economic 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 zoning process fee; and
g. fire, sprinkler, and alarm permit 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 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 permit 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 in
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) 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 Worth's Housing and
Economic Development Department at 817 - 392 -7540.
EXHIBIT "A"
11 /03/2011
Legend FORT VI�t3RT
Area 1
City of Fort Worth
Area 2 Housing and Economic Development Department
Area 3 Relocation Incentives Policy Map
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/6/2011 - Resolution No. 4051 -12 -2011
DATE: Tuesday, December 06, 2011
LOG NAME: 17RELORENEW2011
REFERENCE NO.: G -17459
SUBJECT:
Adopt Resolution Readopting the Relocation Incentives Policy for Businesses Displaced by Major
Infrastructure Projects in the City (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt a resolution readopting the Relocation Incentives Policy for
businesses displaced by Major Infrastructure Projects in the City.
DISCUSSION:
Businesses from time to time may be required to relocate from their current locations due to Major
Infrastructure Projects in the City, such as the Trinity River Uptown Project and the Southwest Parkway
(SH -121T) 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 the 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,
expiring on December 15, 2013. 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
Lognarne: 17RELORENEW2011 Page 1 of 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Robert Sturns (8003)
Additional Information Contact: Ana Alvarado (2661)
Logname: 17RELORENEW2011 Page 2 of 2