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HomeMy WebLinkAboutOrdinance - 2004-O0132 - Approving 1St Amended Business District Tax Increment Finance Reinvestment Plan - 11/04/2004First 8.eading November 4, 2004 Item No. 25 Second Reading November 18, 2004 Item No. 34 ORDINANCE NO. 2004-00132 AN ORDINANCE APPROVING THE FIRST AMENDED CENTRAL BUSINESS DISTRICT TAX INCREMENT FINANCE REINVESTMENT ZONE PROJECT PLAN AND FINANCE 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, which was approved December 19, 2002 in Ordinance 2002-00135; 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 First Amended Project Plan and a First 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 First 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 First Amended Finance Plan includes, as required by§ 311.011 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 was included in the original project plan; 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. b) That the Central Business District Tax Increment Financing Reinvestment Zone First Amended Project Plan includes, as required by § 311.011 of the Act, all of the following items: I) a map showing existing uses and conditions of real property in the zone and proposed improvements to and proposed uses of that property; CBD TIF First Amended Plan Approval Ordinance Page2 2) proposed changes of zoning 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 First Amended Plan is feasible and conforms to the City of Lubbock Comprehensive Plan. SECTION 3: That the Central Business District Tax Increment Financing Reinvestment Zone First Amended Project Plan and the Central Business District Tax Increment Financing Reinvestment Zone First 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 First Amended Plan Approval Ordinance Page3 AND IT IS SO ORDERED PASSED by the City Council on first reading this 4th day of Novembe:5 2004. PASSED by the City Council on second reading this 18th day of November, 2004. ATTEST: !<~--<-<4 ,~ Rebecca Garza, City ~a Craig armer, Managing Director of Planning and Transportation APPROVED AS TO FORM: ~---c c:;Y c~:7~ ---- Linda L. Chamales Senior Attorney, Office Practice LC:/Cityatt/Linda/TrF.CBD-FIRST AMENDED PLAN ADOPTION ORD October 21, 2004 CBD TIF First Amended Plan Approval Ordinance Page4 · Ordinance No. 2004-00132 PROJECT PLAN (First Amended) Central Business District Tax Increment Financing Reinvestment Zone LUBBOCK, TEXAS Prepared for City of Lubbock October 2004 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 I 980'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 TIP Reinvestment Zone with a different Boundary than the current TIP. 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 almost $8.4 Million for public infrastructure improvements will result in future development and redevelopment in the Zone which will increase the taxable value by approximately $106 Million over the Zone's 20-year life. Page 2 CBD First Amended Project Plan City of Lubbock 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. Following is a map showing uses of real property in the Central Business District Tax Increment Financing Reinvestment Zone and a map indicating the boundary of the potential locations of proposed public improvements in the 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, $47 Million of new development. 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 First Amended Project Plan City of Lubbock Cost of Infrastructure Improvements Planned CBD TIF Reinvestment Zone Rehabilitation/Beautification Proiects 1. Update of the Downtown Redevelopment Plan 2. Landscaping, lighting and replacement and improvement of sidewalks, curbs and gutters as needed {Examples: A venue O 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 "Farmer'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. l l. Infrastructure and utilities in connection with new construction and renovation projects. (Public/Private partnerships) TOTAL REHABILIATION/BEAUTIFICATION PROJECTS Incentive Projects 12. Infrastructure and utilities in connection with new construction and renovation projects. (Public/Private Partnerships) 13. Development of public parking lots and public parking buildings (Depot District, downtown core) TOTAL INCENTIVE PROJECTS GRAND TOTAL Project Cost $150,000 $670,000 $2,000,000 $300,000 $187,000 $300,000 $600,000 $300,000 $150,000 $2,000,000 $1,700,000 $8,357,000 $8,300,000 $2,000,000 $10,300,000 $18,657,000 Page 4 CBD First Amended Project Plan City of Lubbock Ordinance No. 2004--00132 Central Business District Tax Increment Financing Reinvestment Zone LUBBOCK, TEXAS Prepared for City of Lubbock October 2004 Financing 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 Exhibit 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. The proposed public improvements in the Zone are as follows: • 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; • Interest before and during construction and for one year after completion of construction, whether or not capitalized; CBD First Amended Finance Plan City of Lubbock Page I Financing Plan • 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. 2. Estimated Project Cost of Zone, including administrative expenses. • Project costs are estimated at approximately $18.67 Million. Specific cost estimates are included in amended Project. 3. Economic Feasibility Study. • An economic feasibility study was completed and was included in the originally approved Finance Plan. 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 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 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 CBD First Amended Finance Plan City of Lubbock Page 2 Financing Plan 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 $116.9 Million using the 2004 values provided by the Lubbock Central Appraisai District. 8. The estimated appraised valued of the improvements in the Zone during each year of existence. • The estimated appraised value of the improvements in the Zone per year is listed in the following table. • The estimated annual incremental funds available from development and redevelopment in the Zone are listed in the following table. CBD First Amended Finance Plan City of Lubbock Page 3 Financing Plan Table 1 Captured Value of Existing & New Development Base Assessed Value Year o/o Increase 2001 2002 2003 2004 1.5 2005 1.5 2006 1.5 2007 1.0 2008 1.0 2009 1.2 2010 1.4 2011 1.6 2012 1.8 2013 1.8 2014 1.8 2015 1.8 2016 1.8 2017 1.5 2018 1.5 2019 1.5 2020 1.5 2021 1.5 CBD TIF Reinvestment Zone Lubbock, Texas New Adjusted Base Development Assessed Value Assessed Value $M $M 101 0 109 0 116 0 118 0 119 0 121 1 122 0 124 2 125 4 127 IO 129 6 131 4 134 2 136 12 138 2 141 0 143 2 145 0 147 2 149 0 152 0 Total Assessed Value $M 10] 109 116 118 119 122 123 127 132 144 153 159 164 179 185 188 193 196 201 204 207 CBD First Amended Finance Plan City of Lubbock Page 4 Financing Plan Table2 Annual Incremental Funds Available CBD TIF Reinvestment Zone Lubbock, Texas Total Assessed Base Assessed Annual Captured Annual Tax Value Value Value Increment Year SM $M SM SK* 2001 101 101 2002 109 101 7 2003 116 101 14 56 2004 118 101 16 120 2005 119 101 18 135 2006 122 101 21 149 2007 123 101 22 173 2008 127 IOI 25 183 2009 132 101 31 210 2010 144 101 43 256 2011 153 101 51 356 2012 159 101 58 426 2013 164 101 63 482 2014 179 101 78 523 2015 185 101 83 649 2016 188 101 87 693 2017 193 101 92 721 2018 196 101 94 761 2019 201 101 99 785 2020 204 101 102 826 2021 207 101 105 851 TOTAL $ 8,357 *Based on 100% participation and projected tax rates of: City--$0.45970; County--$0.25587; Hospital--$0. l 0742; and Water District--$0.00830 CBD First Amended Finance Plan City of Lubbock Page 5