HomeMy WebLinkAboutOrdinance 20610-02-2013 Ordinance No. 20610-02-2013
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS 'FUND IN THE AMOUNT OF $300,000.00,
FROM URBAN DEVELOPMENT ACTION GRANT PROGRAM INCOME FROM
THE HILTON PARKING GARAGE PROJECT, FOR THE PURPOSE OF FUNDING
THE URBAN VILLAGE STOREFRONTIFA�ADE IMPROVEMENT PROGRAM;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY I-HE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2012-2013 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations iii the Grants
Fund in the amount of $300,000.00, from Urban Development Action Grant program 'income from the
Hilton Parking Garage Project, for the purpose of funding the Urban Village Storefi-ont/Fagade
Improvement Program.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 20411-09-2012 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions
of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND�LEPALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: Februaiy 12,2013
CITY OF FORT WORTH
POLICY FOR THE
URBAN VILLA GE STOREFRONT/FA FADE IMPRO VEMENT PROGRAM
I. GENERAL PURPOSE AND OBJECTIVES
A. The purpose of the Urban Village Storefront/Fa�ade Improvement Program ("Facade
Improvement Program") is to encourage local businesses to improve
storefronts/facades in eligible areas, and to promote conunercial revitalization and
economic development. The Facade Improvement Program is funded with revenues
generated from the City-owned parking garage located under General Worth Square
originally funded with Urban Development Action Grant ("UDAG") funds.
Revenues from the lease are deemed "Grant Revenues" under the UDAG Grant
Agreement, and can only be spent on specific uses allowed by law.
B. The City of Fort Worth ("City') may use Grant Revenues as follows:
1. for community or economic development activities eligible for assistance under
Title I of the Housing and Community Development Act of 1974, 42 USC 5201 et
seq., as amended;
2. for projects that are located in a Community Development Block Grant
("CDBG") eligible area; and
3. for projects that include private investment.
H. DEFINITIONS
"Building" means, for funding purposes, a contiguous structure with shared walls, not
including firewalls.
"Eligible Improvements" means any construction or aesthetic alteration made to the side
of the Building parallel to the primary right-of-way and improvements to the interior wall
of the facade caused as a result of improvements to the facade, as approved by City staff
through the application process.
"Developer" means a legal entity/party that enters into the Reimbursement Agreement
with the City to receive funds from the Facade Improvement Program.
"Fa(wde" means the portion of the Building parallel to the primary right-of-way as
determined by City.
"Owner" means the legal owner of the property on which the Project is located.
"Project" means the City approved improvements to the Building eligible for Facade
Improvement Program funds.
Draft Policy: February 12, 2013 Pagel
III. ELIGIBLE PROJECTS
A. Eligible Projects. In order for a Project to be considered for funding under the
Fa4ade Improvement Program, it must meet the following criteria:
1. The Project must be located in
a. a CDBG eligible area and
b. one of the following Urban Villages:
• Six Points
• Polytechnic/Wesleyan
• Oakland Comers
• Historic Handley
• Berry/Stalcup
• Near East Side
• Evans and Rosedale
• South Main
• Hemphill/Berry
• Historic Marine
2. The use of the property must be in compliance with the City's Zoning Ordinance.
3. The Developer:
a. must invest its own funds on Eligible Improvements;
b. must submit a complete application to the City;
c. must not be delinquent in paying property taxes for any property owned by the
Developer; and
d. must not have any City liens filed against any property owned by the
Developer, including but not limited to, weed liens, demolition liens, board-
up/open structure liens and paving liens.
4. No delinquent taxes shall be owed for the property on which the Project is located.
IV. ELIGIBLE IMPROVEMENTS AND EXPENDITURES
A. Eligible Improvements. Eligible improvements are limited to the following:
I, signage attached to the facade;
2. painting;
3. siding;
4. brick/stone/masonry;
5. glass;
6. windows;
7. doors;
S. trim;
9. awnings;
10.structural improvements to fa4ade; or
11.exterior lighting attached to the fa4ade.
Draft Policy: February 12, 2013 Page 2
B. Ineligible Improvements:
1. exterior improvements located on the sides or rear of buildings;
2. interior improvements;
3. landscaping;
4. parking lots and/or paving;
5. sidewalks,
6. equipment;
7. permitting fees
8. architectural, survey or other professional fees; or
9. costs related to improvements not made on the facade.
V. SELECTION PROCESS
A. Application. A complete application with the application fee of $50.00 must be
submitted along with the following attachments:
1. proof of ownership and\or occupancy such as deed/lease; If the Developer does
not own the property on which the Project is located, the Developer must provide
proof satisfactory to City that the proposed improvements are allowed and
authorized by the Owner
2. detailed explanation of proposed improvements;
3. renderings, elevations, drawings etc. for proposed improvements;
4. photographs of existing conditions; and
5. construction cost breakdown that differentiates Eligible Improvements from other
improvements if any.
B. Denied Applications.
1. Applications will be denied 30 days after submission if all required documentation
is not received by the City.
2. Applicants will have 60 days after the date of denial to resubmit applications
without paying a new application fee.
C. Design Review Committee. A Design Review Committee composed of City staff will
review the complete application to ensure Project eligibility and feasibility. The
Committee will develop guidelines and objectives for the Facade Improvement
Program. Projects will be selected on a first come, first served basis of completed
applications and will be approved based upon designs that meet the purpose and
objectives of the Facade Improvement Program.
D. Applicants will be notified in writing of the City's decision.
E. If City staff denies the application, then Applicant may appeal the denial to the City's
Urban Design Commission ("UDC"). The UDC will make the final determination for
approval or denial of the application.
Draft Policy: February 12, 2013 Page 3
VI. REIMBURSEMENT OF ELIGIBLE FACADE IMPROVEMENTS
A. Funding for a Project is subject to availability and will be allocated on a first come,
first approved basis. Once an application is approved, in order to participate in
Facade Improvement Program, a Reimbursement Agreement outlining the terms and
conditions of City providing funds to the Project must be executed by the Owner.
Funding for the Project will be set aside so long as construction permits are pulled or
work has commenced on the facade within 180 days of Project approval.
B. City shall reimburse $1.00 for every $3.00 spent by Developer on Eligible
Improvements at the completion of the Project. City shall only reimburse for eligible
fagade improvements and shall not reimburse any funds spent on improvements made
to other portions of the building,
C. Each Project can receive a maximum of $30,000 per building for Eligible
Improvements.
D. Funds will be paid to Developer after all improvements have been made and
approved by City and the terms of the Reimbursement Agreement have been met.
E. In order to receive funds, Developer must provide proof of expenditures for Eligible
Improvements with supporting documentation which may include:
1. itemized invoices that differentiate Eligible Improvements versus other
improvements;
2. cleared checks and/or bank statements;
3. release of liens for the work performed, if any;
4. certificate of occupancy;
5. final inspection report from City; and
6. photographs of completed Eligible Improvements.
VII. REQUIREMENTS FOR APPROVED PROJECTS
A. Approvals. Prior to construction commencement, all federal, state, and/or local
approvals necessary to complete the improvements must be provided. Approvals
could include:
1. City's Historic and Cultural Landmarks Commission;
2. City's Zoning Commission;
3. City's Urban Design Commission;
4. City's Downtown Design Review Board;
5. City's Plan Commission;
6. City's Building Standards Commission; and
7. Permitting.
Draft Policy: February 12, 20 t3 Page 4
B. Project Completion. The completion date of the improvements to be constructed
will be determined on a case by case basis, and will be included in the Reimbursement
Agreement. If the Project is not completed by this date, then the Project will be
ineligible for funding, but City staff in its sole discretion may extend this date upon
written request from the Developer.
Draft Policy: February 12, 2013 Page 5
City of Fort Worth, Texas
Mayor and council Communication
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COUNCIL ACTION: Approved on 2112/2013 - Ordinance No. 20610-02-2013 & Resolution
No. 4181-02-2013
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DATE: Tuesday, February 12, 2013 REFERENCE NO.: **G-17804
LOG NAME: 17UDAGSTOREFRON TIMPROVEMENTPROGRAM
SUBJECT:
Authorize Expenditure in the Amount of$300,000.00 in Urban Development Action Grant Program Income
for the Urban Village Store Front/Farade Improvement Program, Adopt Appropriation Ordinance and
Resolution Adopting Program Policy (COUNCIL DISTRICTS 2, 5, 8 and 9)
_ . . .
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the expenditure in the amount of$300,000.00 of Urban Development Action Grant program
income for the Urban Village Storefront/Farade Improvement Program;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations of the
Grants Fund in the amount of$300,000.00 from available funds; and
3. Adopt the attached Resolution approving the creation of the Urban Village Storefront/Fagade
Improvement Program and adopting the attached Policy.
DISCUSSION:
On December 4, 2012, Staff made a presentation to the Housing and Economic Development Committee
regarding a proposed Urban Village Storefront/Fagade Improvement Program (Facade Improvement
Program). The City does not have a program to assist with the improvement of storefronts or fagades in
targeted areas. This type of incentive program has been recommended by consultants involved in the
development of the Commercial Corridor and Urban Village plans. However, funding has not been
available.
Staff has identified the amount of$300,000.00 of Urban Development Action Grant (UDAG) program
income to use for this program. The UDAG program income funds are rental revenues received from the
lease for the City-owned parking garage under General Worth Square (City Secretary Contract No. 11085
as amended and assigned). The construction of the parking garage, originally known as the Radisson
Parking Garage project, was funded with UDAG funds and rental revenues from the lease are deemed
"Grant Revenues" under the UDAG Grant Agreement (City Secretary Contract No. 10610). The Grant
Revenues from what is now known as the Hilton Parking Garage project must be used for projects that
meet the requirements of the Community Development Block Grant (CDBG) program and include private
investment. Annual revenue from the parking garage is approximately $100,000.00 and the project has a
remaining balance of approximately $580,000.00.
The Facade Improvement Program meets the UDAG economic development project eligibility
requirements. Staff recommends that City Council approve the creation of the Facade Improvement
Program and approve the expenditure of LIDAG funds for the program under the following guidelines:
Logname: 17UDAGSTOREFRONTIMPROVEMENTPROGRAM Page 1 of 2
Program Guidelines:
• Project must be within an Urban Village and in a CDBG-eligible census block group (West 7th,
Berry-University and Magnolia Urban Villages are not eligible).
• Participation by the City shall be capped in the amount of$30,000.00 per building and the private
investment must be at least one-third the City investment ($3 private for every $1 public).
• Eligible expenditures are only for store front or facade improvements that will improve the
aesthetics of the building.
• City funding will be on a reimbursement basis once the project is completed.
• Staff will administratively approve applications for proposed improvements.
• Appeals of Staffs denial of applications will be to the Urban Design Commission.
This project is located in COUNCIL DISTRICTS 2, 5, 8 and 9.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 442216 005206948000 $300,000.00 GR76 539120 017206948100 $300,000.00
GR76 539120 017206948100 $300,000.0
CER-rIFICATIONS:
Submitted for City Manager's Fernando Costa (6122)
ier's Office by:
Originating Department Head: Jay Chapa (5804)
Cynthia Garcia (8187)
Additional Information Contact: Avis F. Chaisson (6342)
Logname: 17UDAGSTOREFRONTIMPROVEMENTPROGR-AM Page 2 of 2