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HomeMy WebLinkAboutOrdinance 15139ORDINANCE NO. ~ ~~ ~ ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND SECTION 4.506 OF SUBSECTION E, "TAX INCENTIVES FOR HISTORIC AND CULTURAL LANDMARKS" TO ADD A CAPTION FOR PARAGRAPH NUMBER ONE ENTITLED "APPLICATION SUBMITTED PRIOR TO THE COMMENCEMENT OF ANY WORK" AND TO ADD A SECOND PARAGRAPH ENTITLED "APPLICATION SUBMITTED AFTER THE COMMENCEMENT OF WORK FOR WHICH A CERTIFICATE OF , APPROPRIATENESS I5 NOT REQUIRED" TO ALLOW WORK ON A HISTORICALLY DESIGNATED PROPERTY THAT IS COMPLETED WITHIN FIVE YEARS PRIOR TO THE SUBMISSION OF AN APPLICATION TO BE ELIGIBLE FOR A TAX INCENTIVE; AMEND PARAGRAPHS F 2. AND G. TO DELETE THE LANGUAGE "PRIOR TO THE COMMENCEMENT OF ANY WORK; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. WHEREAS, the current procedure for property designated as a Historic and Cultural Landmark or property located in a Historic and Cultural Landmark District to be eligible for a tax exemption requires that the Historic and Cultural Landmarks Commission and the City Council approve the application for the tax incentive prior to the commencement of work on the property; and WHEREAS, in order to encourage historic preservation and provide further incentive to stabilize, rehabilitate and renovate historic properties, the City of Fort Worth wishes to address the procedures for historic properties eligible for tax incentives, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS AS FOLLOWS: SECTION 1. Chapter 4, Article 5, of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Subsection E. "Tax Incentives for Historic and Cultural Landmarks" of Section 4.506, "Tax Incentives", is amended to add a caption for paragraph number one entitled "Application Submitted Prior to the Commencement of any Work" and to add a second paragraph entitled "Application Submitted After the Commencement of Work for which a Certificate of Appropriateness is Not Required" to allow work on a historically designated property that is completed within five years prior to the submission of an application to be eligible for a tax incentive for the remainder of the ten year term if the work performed would not require a Certificate of Appropriateness, to read as follows. 1 Application Submitted Prior to the Commencement of any Work All provisions of Subsection E. 1 shall remain in full force and effect. 2. Application Submitted After the Commencement of Work for which a Certificate of Appropriateness is Not Required The provisions of this paragraph shall apply only to work that meets the following conditions. (a) the work is completed on a structure that is designated as a Historic and Cultural Landmark or that is located in a Historic and Cultural Landmark District, including the land necessary for access to and use of said structure; (b) the work does not require a Certificate of Appropriateness, and (c) an application for tax exemption is filed within five years after the completion of the work. Such work shall be eligible for tax exemption following verification by the City Council of the work performed, provided that the structure has been substantially rehabilitated in accordance with this Section. The structure and land shall have an assessed value for City tax valuation purposes equal to the assessed value of such structure and land for the tax year immediately prior to the commencement of work. The term of the tax incentive is ten years commencing on the first day of the tax year immediately following the year that work is completed. The owner will qualify for the tax incentive for the remainder of the applicable ten-year term commencing on the first day of the tax year following verification by the City Council of 2 the rehabilitation pursuant to Paragraph I. The owner shall not be eligible for the tax incentive or be reimbursed for ad valorem taxes paid by the owner on the structure or land for any years prior to the submission of an application for a tax incentive and verification by the City Council of the work performed. Any increase in the value of the structure and the land necessary for access to and use of the structure m excess of the assessed value for the tax year immediately prior to the commencement of the rehabilitation shall be exempt from City ad valorem taxes for the remainder of the ten year term. In the event that the structure or the land is assessed during such period at a lower value than the value for the tax year immediately prior to the commencement of the rehabilitation, the lower value will apply "Substantial rehabilitation" shall consist of rehabilitation at a cost that equals or exceeds 30 percent of the assessed value of he structure prior to rehabilitation. Nothing in this Article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. At the request of the owner, the Historic Preservation Officer shall assist the owner m filing for the exemption. SECTION 2. Chapter 4, Article 5, of Ordinance No. 13896, the Zoning Ordinance of the City of Fort Worth, Subsection F.2. "Eligibility for Tax Incentives", "Historic and Cultural Landmark and Historic and Cultural Landmarks District" Incentives", is amended to delete the language "prior to the commencement of work" to read as follows 4.506F.2 Historic and Cultural Landmark and Historic and Cultural Landmarks District. In order for property designated Historic and Cultural Landmark to be eligible for a partial tax exemption for rehabilitation, the Historic and Cultural Landmarks Comrrussion and the City Council must approve the application for the tax incentive and must verify satisfactory completion of the project. Property designated Historic and Cultural Landmark or located m an Historic and Cultural Landmarks District shall be eligible for the partial City tax exemption for rehabilitation of the property once every 20 years. 3 SECTION 3. Chapter 4, Article 5, of Ordinance No 13896, the Zoning Ordinance of the City of Fort Worth, Subsection G "Application for Tax Incentives", is amended to delete the language "pnor to the commencement of work" to read as follows. 4.506G. Application for Tax Incentive Application for a City ad valorem tax exemption shall be filed with the Historic Preservation Officer All other provisions of Subsection G shall remain in full force and effect. SECTION 4 That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting zoning and shall not repeal any of the provisions of such ordinances, except m those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 5. That all nghts or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Ordinance Nos. 3011, 13896, or any amendments thereto that have accrued at the time of the effective date of this ordinance, and as to such accrued violations, and all pending litigation, both civil or criminal, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or 4 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. That this ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: David tt, City Attorne ~ ~p lr~t.( G~- B• Assistant C ty Attorney Adopted. $ 4~ Effective. /~~/D~- 5