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HomeMy WebLinkAboutOrdinance 11610i~ -' 9 ~ ~ *• ,~, +) ORDINANCE NO. ~/CP / AN ORDINANCE AMENDING SECTION 32-41 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), WHICH AUTHORIZES CITY AD VALOREM TAX EXEMPTIONS FOR CERTAIN HISTORIC PROPERTY WHICH IS USED FOR MULTI-FAMILY RESIDENTIAL FACILITIES, BY CHANGING THE DATE WHEN THE AMOUNT OF A TAX EXEMPTION IS DETERMINED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; AND PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 32-41, "City Ad Valorem Tax Exemption of Certain Historic Property to be Rehabilitated or Restored for Multi-Family Residential Facilities", of the Code of the City of Fort Worth (1986), as amended, be and is hereby amended by changing Paragraph D(5) thereof to read as follows: f "(5) Term and amount of exemption (a) A tax exemption may be for a period of up to ten (10) years and shall begin on January 1 of the year following the year in which the City issues a certificate of occupancy upon completion of the rehabilitation or restoration and verification by the Landmarks Commission. (b) A tax exemption may be for part or all of the assessed value of the structure and land including any increase due to rehabilitation or restoration ; provided, however, that no exemption shall have the effect of reducing annual City taxes on the property to less than the amount of the City taxes that were levied on January 1 of the year when the tax exemption agreement is entered. (c) Taxes shall be paid on the appraised value of the property from the time the tax exemption agreement is entered until the tax exemption takes effect. (d) If the rehabilitation or restoration is not complete and a certificate of occupancy is not issued within the period of time specified in the tax exemption agreement, the City Council has the right to cancel the exemption. ,y y (e) The exemption shall apply only to City ad valorem taxes and not to assessments. A property owner who is granted an exemption as provided in this Section must pay assessments on the 100$ valuation of the property with no exemption for purposes of any assessments, including those for public improvement districts." 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 ordinance and such Code, in which event 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 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 effect 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. 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. -2- ,,~ ~. ... ~ w,; APPROVED AS TO FO AND LEGALITY: City Atrtlornely c~ Date • I ~ ~ ` ~ t ADOPTED : - l - ~ `7 EFFECTIVE: "/- ~,~~ -3- City of Fort Worth, Texas Mayor and Coun~~il Communication DATE REFERENCE NUMBER LOG NAME PAGE 07/02/94 (i-10']~- 12CH32 1 of 2 SUBJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 32, ARTICLE VI OF THE FORT WORTH CITY CODE, AD VALOREM TAX EXEMPTIONS ON CERTAIN HISTORIC PROPERTY RECOMMENDATION. It is recommended that the City Council adopt the attached ordinance that would amend the provisions of Chapter 32, Article VI of the Fort Worth City Code concerning ad valorem tax exemption on certain historic property DISCUSSION ,On June 28, 1994, the City Council adopted an ordinance which authorized the Council to grant an ad valorem tax exemption when certain historic property is rehabilitated or restored for multi- family residential uses At the June 28, 1994 meeting, Council expressed a desire to amend a portion of the ordinance concerning the time when the amount of a tax exemption will be determined The ordinance which Council adopted provides that no exemption shall be granted that reduces annual City taxes on the property to less than the taxes levied in the year immediately before the effective date of the exemption The attached ordinance would change this provision so that a tax exemption could not .reduce annual City taxes on the property to less than the taxes levied in the year when the tax exemption agreement is signed A property owner would continue to pay taxes from the time that the tax exemption agreement is signed until the tax exemption takes effect The proposed change has been reviewed by representatives of the Alexander Company, which plans to renovate the Blackstone Hotel and Electric Building, and the Alexander Company supports the change The effect of the proposed amendment is that when a full exemption is granted, City taxes will be frozen at the amount due in the year when the tax exemption agreement is signed rather than the amount due in the year immediately before the tax exemption takes effect This will eliminate uncertainty concerning the amount of taxes that will be due when a rehabilitation or restoration project takes more than one tax year to complete a ~~ Printed on recycled paper City of Fort Worth, Texas Mayor and Council Comrtmunication DATE 07/o2/s4 REFERENCE NUMBER G10720 LOG NAME 12CH32 PAGE 2 of 2 SUBJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 32, ARTICLE VI OF THE FORT WORTH CITY CODE, AD VALOREM TAX EXEMPTIONS ON CERTAIN HISTORIC PROPERTY FISCAL INFORMATION/CERTIFICATION. The Director of Fiscal Services certifies that approval of this action requires no expenditure of City funds CB I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Bob Terrell ~ 6116 ~~ Originating Department Head: ~ CQUN~I~. Wade Adkins 7623 (from) JUL .5 T9g4 For Additional Information /J~_' _ , ~p~~~ Contact: City>3eo:+elarq of tht Wade Adkins 7623 ~'itq Of FOrt QVorth, ?eatat ~~ Printed an recycled paper