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HomeMy WebLinkAboutOrdinance - 2006-O0137 - Approving 2Nd Amended Central Business District Tax Increment Finance Reinvestmt - 12/19/2006First Reading December 19, 2006 Item llo. 6.5 Second Reading January 12. 2007 Itea llo. 5.4 ORDINANCE NO. zoo6-o0137 AN ORDINANCE APPROVING THE SECOND AMENDED CENTRAL BUSINESS DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN AND F1NANCE PLAN AS ADOPTED BY THE BOARD OF DIRECTORS OF THE CENTRAL BUSINESS DISTRICT TAX INCREMENT FINANCING REINVESTMENT ZONE. WHEREAS, the City Council of the City of Lubbock, desiring to promote the development of the Central Business District of the City of Lubbock, adopted Ordinance No. 2001-0091, December 3, 2001, establishing the Central Business District Tax Increment Finance Reinvestment Zone and defining its boundaries in accordance with the provisions of the Tax Increment Financing Act, V.T.C.A. Tax Code, Chapter 311 (the "Act"); and WHEREAS, the Board of Directors of the Central Business District Tax Increment Financing Reinvestment Zone, in accordance with the Act, prepared and adopted a Central Business District Project Plan and a Central Business District Financing Plan, approved December 19, 2002, in Ordinance 2002~00135, and a First Amended Project Plan and Financing Plan approved November 4, 2004, in Ordinance 2004-00132; and WHEREAS, due to increased development and changed circumstances, the Board of Directors of the Central Business Tax Increment Financing Reinvestment Zone has adopted a Second Amended Project Plan and a Second Amended Finance Plan and has submitted these plans to the City Council for approval; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. CBD TIF Second Amended Plan Approval Ordinance Page I SECTION 2: THAT the City Council of the City of Lubbock makes the following findings regarding the Central Business District Tax Increment Financing Reinvestment Zone Project Plan and the Central Business District Tax Increment Financing Reinvestment Zone Finance Plan, as adopted by the Board of Directors of the Central Business District Tax Increment Financing Reinvestment Zone: a) That the Central Business District Tax Increment Financing Reinvestment Zone Second Amended Finance Plan includes, as required by § 311.0 I 1 of the Act, all of the following items: I) a detailed list describing the estimated project costs of the zone, including administrative expenses; 2) a statement listing the kind, number, and location of all proposed public works or public improvements in the zone; 3) an economic feasibility study; 4) the estimated amount of bonded indebtedness to be incurred; 5) the time when related costs or monetary obligations are to be incurred; 6) a description of the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit that levies taxes on real property in the zone; 7) the current total appraised value of taxable real property in the zone; 8) the estimated captured appraised value of the zone during each year of its existence; and 9) the duration of the zone. CBD TIF Second Amended Plan Approval Ordinance Page2 b) That the Central Business District Tax Increment Financing Reinvestment Zone Second Amended Project Plan includes, as required by § 311.011 of the Act, all of the following items: 1) a map showing existing uses and conditions of real property in the zone and a map showing proposed improvements to and proposed uses of that property; 2) proposed changes of zonmg ordinances, the master plan of the municipality, building codes, and other municipal ordinances; 3) a list of estimated nonproject costs; and 4) a statement of a method of relocating persons to be displaced as a result of implementing the plan. c) That the Second Amended Plan is feasible and confonns to the City of Lubbock Comprehensive Plan. SECTION 3: That the Central Business District Tax Increment Financing Reinvestment Zone Second Amended Project Plan and the Central Business District Tax Increment Financing Reinvestment Zone Second Amended Finance Plan, as adopted by the Board of Directors of the Central Business District Tax Increment Financing Reinvestment Zone are approved. A copy of each plan is attached hereto and incorporated into this Ordinance as if fully set forth herein. SECTION 4: That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. CBD TIF Second Amended Plan Approval Ordinance Page 3 AND IT IS SO ORDERED PASSED by the City Council on first reading this 19th day of December, 2006. PASS ED by the City Council on second reading this 12th day of January , 2007. -;D ~~~-~/ DAVID~~ MAYOR APPROVED AS TO CONTENT: APPROVED AS TO FORM: c ~-<-~~A{~~---~------------------------Linda L. Chamales Senior Attorney, Office Practice LC:/Cityatt/Linda/TIF.CBD· SECOND AMENDED PLAN ADOPTION ORD October 27,2006 CBD TIF Second Amended Plan Approval Ordinance Page4 Financing Plan (Second Amended) Central Business District Tax Increment Financing Reinvestment Zone LUBBOCK, TEXAS Prepared for City of Lubbock November 2006 Financing Plan I FINANCJNG PLAN The Financing Plan provides information on the projected impact that the Central Business District Tax Increment Financing Reinvestment Zone (Zone) could have on the property described in Appendix A. It will also describe how that impact could be utilized to enhance the area and region through leveraging the resources of each entity that participate in the project. Below is a summary of the Financing Plan items required by law: 1. A detailed list describing the estimate project costs of the zone, including administrative. The total project costs over the life of the zone will be approximately $10.4 million. The detailed list of projects is included in Appendix B. 2. A statement listing the kind, number, and location of all proposed public works or public improvements in the zone. • Capital costs, including the actual costs of the acquisition and construction of public works, public improvements, new buildings, structures, and fixtures; the actual costs of the acquisition, demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures; and the actual costs of the acquisition of land and equipment and the clearing and grading of land; • Financing costs, including all interest paid to holders of evidences of indebtedness or other obligations issued to pay for project costs and any premium paid over the principal amount of the obligations because of the redemption of the obligations before maturity; • Any real property assembly costs; • Professional service costs, including those incurred for architectural, planning, engineering, and legal advice and services; • Any relocation costs; • Organizational costs, including costs of conducting environmental impact studies or other studies, the cost of publicizing the creation of the Zone, and the cost of implementing the project plan for the Zone; CBD Second Amended Finance Plan City of Lubbock Page I Financing Plan • Interest before and during construction and for one year after completion of construction~ whether or not capitalized; • The amount of any contributions made by the municipality from general revenue for the implementation of the project plan; • Imputed administrative costs, including reasonable charges for the time spent by employees of the municipality in connection with the implementation of a project plan; • The cost of operating the Zone and project facilities; and • Payments made at the discretion of the governing body of the municipality that the municipality finds necessary or convenient to the creation of the Zone or to the implementation of the project plans for the Zone. 3. Economic Feasibility Study. • An economic feasibility study has been included and is included as a part of this Financing Plan as Appendix C. 4. The estimated amount of bonded indebtedness to be incurred. • No bonded indebtedness is anticipated at this time. 5. The time when related costs or monetary obligations are to be incurred. • Funds will be expended on a "pay-as-you-go" basis. 6. A description of the methods of financing aU estimated project costs and the expected sources of revenue to finance or pay project costs including the percentage of tax increment to be derived from the property taxes of each taxing unit on real property in the Zone. • Project costs will be financed using tax increment funds received and no new debt is envisioned at this time. The revenue sources will be the real property taxes captured by the Zone, which will account for 100% of revenues used to fund project costs. For the Financial Plan, it is assumed that all taxing jurisdictions will participated at 100% of their incremental taxable value. 7. The current total appraised value of taxable real property in the Zone. • The current appraised value of the taxable real property in the Zone is approximately $137.8 Million using the 2006 values provided by the Lubbock Central Appraisal District. CBD Second Amended Finance Plan City of Lubbock Page2 Financing Plan 8. The estimated appraised valued of the improvements in the Zone during each year of existence. Year 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 • The estimated appraised value of the improvements in the Zone per year is listed in the following table. Table 1 City of Lubbock, TX Captured Value of Existing & New Development CBD TIF Reinvestment Zone New Base Assessed Adjusted Base Development Value Assessed Value Assessed Value o/o Increase $millions $ millionsa $ 101.4 102.0 114.0 116.0 128.0 137.0 1.0 138.4 2.7 1.0 142.5 2.8 1.2 147.0 2.9 1.4 152.0 2.9 1.6 157.4 3.0 1.8 163.3 3.1 1.8 169.5 3.3 1.8 175.8 3.4 1.8 182.5 3.5 1.8 189.3 3.6 1.5 195.9 3.8 1.5 202.7 3.9 1.5 209.7 4.1 1.5 216.9 4.2 1.5 224.4 4.3 Total Assessed Value $millions 101.4 102.0 114.0 116.0 128.0 137.0 141.1 145.3 149.9 154.9 160.4 166.5 172.7 179.2 186.0 193.0 199.7 206.6 213.7 221.1 228.8 ~o/o on prior year adjusted base value was used to estimate new development. Actual new development has run in the 4.3% growth range. CBD Second Amended Finance Plan City of Lubbock Page 3 Year 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Financing Plan • The estimated annual incremental funds available from development and redevelopment in the Zone are listed in the following table. Table 2 City of Lubbock, TX Annual Incremental Funds Available CBD TIF Reinvestment Zone Total Assessed Base Assessed Annual Captured Annual Tax Value Value Value Increment $millions $ millionsa $millions $thousands $ 105.9 a 105.9 107.0 a 105.9 1.1 114.0 105.9 8.1 56.0 116.0 105.9 10.1 78.6 128.0 105.9 22.1 155.0 137.0 105.9 31.1 272.7 141.1 105.9 35.3 306.8 b 145.3 105.9 39.4 343.1 b 149.9 105.9 44.0 383.1 b 154.9 105.9 49.1 427.0 b 160.4 105.9 54.6 475.0 b 166.5 105.9 60.6 527.5 b 172.7 105.9 66.9 582.0 b 179.2 105.9 73.4 638.6 b 186.0 105.9 80.1 697.3 b 193.0 105.9 87.1 758.2 b 199.7 105.9 93.8 816.3 b 206.6 105.9 100.7 876.5 b 213.7 105.9 107.9 938.7 b 221.1 105.9 115.3 1,003.1 b 228.8 105.9 122.9 1,069.7 b $ 10~405.1 •Adjusted bBased on projected tax rates of: City--$0.46199; County--$0.28576; Hospital--$0.11420; and Water District--$0.00830 9. The duration of the Zone. The duration of the Zone is 20 years. CBD Second Amended Finance Plan City of Lubbock Page 4 Financing Plan Appendix A CBD St¢ond Amended Finance Plan City of Lubbock PageS Financing Plan Appendix B CBD TIF Project Costs Rehabilitation/Beautification Projeds I. Update ofthe Downtown Redevelopment Plan 2. Landscaping, lighting and replacement and improvement of sidewalks, curbs and gutters as needed (Examples: A venue 0 to link Civic Center with Broadway, Buddy Holly to link Depot District with Broadway). 3. Gateway/Entranceway development and improvement Project Cost $150,000 $670,000 $2,000,000 4. Planning for and participation in development (construction or renovation) of a Visitor's Center. $300,000 5. Public Art Projects. 6. Participation in landscaping of freeways and interchanges. 7. Participation in development of a "Mercado/public Plaza" and/or "Farmer's Market". 8. Participation in development of a rail tenninal and related facilities. 9. Outdoor stage in Depot District. 10. Public expenses related to development of major convention-type hotel. 11. Development of public parking 12. Infrastructure and utilities in connection with new construction and renovation projects. (Public/Private partnerships) 13. Administrative Costs TOTAL PROJECTS $187,000 $300,000 $600,000 $300,000 $150,000 $2,000,000 $2,000,000 $1,448,100 $300,000 $10,405,100 CBD Second Amended Finance Plan City of Lubbock Page 6 PROJECT PLAN (Second Amended) Central Business District Tax Increment Financing Reinvestment Zone LUBBOCK, TEXAS Prepared for City of Lubbock November 2006 I PROJECT PLAN The City of Lubbock Central Business District (CBD) has been typically developed over the years with office, retail and governmental agency uses. Like many cities, retail has moved to shopping areas and other areas outside the CBD and office development has stagnated. In an effort to reverse that trend and to stimulate further development downtown, the City in December 1986 established a Tax Increment Financing (TIF) District within the Neighborhood Development Program Area under Texas Urban Renewal Law. This district included a large portion of the CBD and the North and South Overton neighborhoods. Unfortunately, with the real estate market downturn in the late 1980's and conversion of space from private to public use, the existing TIF has a tax value below the TIF 1986 base value and will be terminated. At this time, CBD values appear to have stabilized and have increased slightly over the last two years. To provide further stimulus to development and redevelopment in the CBD, the City plans to establish a new CBD TIF Reinvestment Zone with a different Boundary than the current TIF. City Staff, CenterCorp and representatives of the jurisdictions that levy taxes in the area have developed a list of public infrastructure projects designed to stimulate new development and redevelopment in the CBD. It is expected that the Central Business District Tax Increment Financing Reinvestment Zone planned expenditure of $10.4 Million for public infrastructure improvements will result in future development and redevelopment in the Zone which will increase the taxable value by approximately $122.9 Million over the Zone's 20-year life. As set forth in Section 311.011 of the Tax Increment Financing Act of the Tax Code, the Project Plan for the Central Business District Tax Increment Financing Reinvestment Zone, Lubbock, Texas must and does include the following elements: 1. A map showing existing uses and conditions of real property in the Zone and a map showing proposed improvements to and proposed uses of the property. Attached as Exhibit A is a map showing existing and proposed uses of real property in the Central Business District Tax Increment Financing Reinvestment Zone 2. Proposed changes of zoning ordinances, the master plan of the municipality, building codes, and other municipal ordinances. No changes of zoning ordinances, building codes~ or other municipal ordinances are anticipated at this time. As indicated in the project list, an update of the Downtown Redevelopment Plan is anticipated. 3. A list of estimated non-project costs. Non-project costs within the Zone area are those development costs not paid for by the Zone. These costs will include~ but are not limited to, $51.6 Million of new development. Page 2 CBO Second Amended Projea Plan City of Lubbock 4. A statement of a method of relocating persons to be displaced as a result of implementing the plan. In the process of developing and redeveloping the Zone~ it is not contemplated there will be any involuntary relocations. However, it may be necessary to relocate individuals and businesses through voluntary buyout. In the event that this is required~ the City or private developer will follow the procedures that would be used in the development or construction of other public or private improvements outside the Zone. Page 3 CBD Second Amended Projea Plan City of Lubbock Cost of Infrastructure Improvements Planned CBD TIF Reinvestment Zone Rehabilitation/Beautification Projects I. Update of the Downtown Redevelopment Plan 2. Landscaping, lighting and replacement and improvement of sidewalks, curbs and gutters as needed (Examples: A venue 0 to link Civic Center with Broadway, Buddy Holly to link Depot District with Broadway). 3. Gateway/Entranceway development and improvement 4. Planning for and participation in development (construction or renovation) of a Visitor's Center. 5. Public Art Projects. 6. Participation in landscaping of freeways and interchanges. 7. Participation in development of a "Mercado/public Plaza" and/or "Fanner's Market". 8. Participation in development of a rail terminal and related facilities. 9. Outdoor stage in Depot District. 10. Public expenses related to development of major convention-type hotel. 11. Development of public parking 12. Infrastructure and utilities in connection with new construction and renovation projects. (Public/Private partnerships) 13. Administrative Costs TOTAL PROJECTS Project Cost · $150,000 670,000 2,000,000 300,000 187,000 300,000 600,000 300,000 150,000 2,000,000 2,000,000 1,448,100 300,000 $10,405,100 Page 4 CBD Second Amended Proje~t Plan City of Lubbock Exhibit A CBD TIF Existing and Proposed land Use November 2006 -Commercial -lnd..nrial -Pett<s & Recreation -PuDiieV .. -R$SJ<Ien!ial HogJ>.Oensrty -R..,<clontial Mt<llur!Wlemity c::J R"idontiollow.O-'Iy -Treo~on & U~li~e$ Vac4nt Lencl c:::J Cenlraf 8u1Slnel'l D<ttr<et TIF • IIOIITM . ""' '"' Page 5 CBD Second Amended Projea Plan City of Lubbock