HomeMy WebLinkAboutOrdinance 12768
ORDINANCE NO.
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE
OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING
2-G, "HISTORICALLY, CULTURALLY, ARCHITECTURALLY AND
ARCHEOLOGICALLY SIGNIFICANT PROPERTIES", SUBDIVISION C,
SECTION 2.C.3 TO PROVIDE THAT PROPERTIES DESIGNATED
"HIGHLY SIGNIFICANT ENDANGERED" THAT ARE REHABILITATED
WITHIN TWO YEARS AFTER DESIGNATION WILL RECEIVE TAX
INCENTIVES FOR A 15 YEAR PERIOD; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-G of the Comprehensive Zoning Ordinance of the City of
Fort Worth, "Historically, Culturally, Architecturally and Archeologically Significant
Properties", provides property tax incentives for the rehabilitation of structures
designated "Highly Significant Endangered",
WHEREAS, a structure designated "Highly Significant Endangered" that is
rehabilitated in accordance with Section 2-G is entitled to City property tax incentives
for a minimum of ten years,
WHEREAS, in order to encourage rehabilitation of designated structures, the ten
year tax incentive period can be increased to a maximum of 15 years if the
rehabilitation is commenced and completed promptly after designation, in accordance
with Section 2-G,
WHEREAS, Subdivision C, Section 2 C 3 currently provides that if the
rehabilitation is completed within one year after designation as Highly Significant
Endangered, the tax incentives will be for a period of 15 years, with the incentive period
decreasing by one year for each year that completion is delayed, to a minimum period
of ten years,
WHEREAS, after further consideration, it has been determined that the
requirement that projects be completed within one year after designation in order to be
entitled to the maximum 15 year incentive period is not feasible in some cases and that
the deadline for completion should be extended to two years,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
Section 2-G, "Historically, Culturally, Architecturally and Archeologically
Significant Properties", Subdivision C, "Tax Incentives for Certain Significant
Properties", Section 2 C 3, is hereby amended to read as follows
(3) Term of Rehabilitation Incentives The term of the Rehabilitation Incentives
shall be a minimum of ten years commencing on the first day of the tax year
following completion of the rehabilitation In order to encourage prompt
rehabilitation, the term of the Rehabilitation Incentives may be increased for up
to an additional five years If the rehabilitation is completed within two years
after designation as Highly Significant Endangered, the Rehabilitation Incentives
shall be for a period of 15 years commencing on the first day of the tax year
following completion of the rehabilitation The term of the Rehabilitation
Incentives shall decrease, by one year for each additional year that completion of
rehabilitation is delayed, to a minimum of ten years
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are
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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 this ordinance are severable, and, if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the 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 any 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 Ordinance No 3011 or any other
ordinances affecting zoning which have accrued at the time of the effective date of this
ordinance, and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts
SECTION 5.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained
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APPROVED AS TO FORM AND LEGALITY.
Assistant )City Attorney
Date V y ~1,~evv~~rt... ! .~ , I f S
ADOPTED ~ Gar-"~-.t''E'-~' J ~ ~ l `~ > C,'
EFFECTIVE
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