HomeMy WebLinkAboutContract 48642 CITY SECRETARY L I CONTRACT N0. � z-
TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A NEIGHBORHOOD
EMPOWERMENT ZONE
3112 Canberra Court
This TAX ABATEMENT AGREEMENT ("Agreement") is entered into by and between the
CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipal corporation organized under
the laws of the State of Texas and acting by and through David Cooke,its duly authorized City Manager,
and Perry L. Spencer, and Darlene Spencer, ("Owners"), owners of property located at 3112 Canberra
Court, Lot 4, Block A, Southport, An Addition to the City of Fort Worth, Tarrant County Texas,
according to the Plat recorded in Volume 388-L, Page 31 of the Plat Records of Tarrant County, Texas.
The City Council of the City of Fort Worth ("City Council") hereby finds and the City and
Owner hereby agree that the following statements are true and correct and constitute the basis upon
which the City and Owner have entered into this Agreement:
A. Chapter 378 of the Texas Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone (NEZ) if the municipality determines that the creation of the zone
would promote:
(1) The creation of affordable housing,including manufactured housing in the zone;
(2) An increase in economic development in the zone;
(3) An increase in the quality of social services, education, or public safety provided to
residents of the zone; or
(4) The rehabilitation of affordable housing in the zone.
B. Chapter 378 of the Texas Local Government Code provides that a municipality that creates
a NEZ,may enter into agreements abating municipal property taxes on property in the zone.
C. On July 31,2001,the City Council adopted basic incentives for property owners who own
property located in a Neighborhood Empowerment Zone, stating that the City elects to be eligible to
participate in tan abatement and including guidelines and criteria governing tax abatement agreements
entered into between the City and various third parties,titled"Neighborhood Empowerment Zone "NEZ
Basic Incentives" ("NEZ Incentives"),these were readopted on May 19,2015 (Resolution No. 4455).
D. The NEZ Incentives contain appropriate guidelines and criteria governing tax abatement
agreements to be entered into by the City as contemplated by Chapter 312 of the Texas Tax Code, as
amended("Code").
E. On March 27, 2007, the Fort Worth City Council adopted Ordinance No. 17460 (the
"Ordinance")establishing"Neighborhood Empowerment Reinvestment Zone No.34"City of Fort Worth,
Texas (the "Zone") and adopted Resolution No.3468 establishing "Designation of Berryhill/Mason
Heights Area as a Neighborhood Empowerment Zone"(the "NEZ"). On March 27,2012,the Fort Worth
City Council adopted Ordinance No. 20143 renewing"Neighborhood Empowerment Reinvestment Zone
No. 34".
F. Owner owns certain real property located entirely within the Zone and that is more
particularly described in Exhibit "l", attached hereto and hereby made a part of this Agreement for all
purposes (the "Premises").
NEZ Tax Abatement with Perry L. and Darlene Spencer OFFICIAL RECORD
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G. Owner or its assigns plan to rehabilitate the Required Improvements, as defined in Section
1.1 of this Agreement, on the Premises to be used as a single-family residence that will be used as the
owner's primary residence.
H. On August 9, 2016, Owner submitted a complete application for NEZ incentives and for
tax abatement to the City concerning the contemplated use of the Premises (the "Application"), attached
hereto as Exhibit"2" and hereby made a part of this Agreement for all purposes.
I. The City Council finds that the contemplated use of the Premises, the Required
Improvements, as defined in Section 1.1, and the terms of this Agreement are consistent with encouraging
development of the Zone in accordance with the purposes for its creation and are in compliance with the
NEZ Incentives,the Ordinance and other applicable laws, ordinances, rules and regulations.
J. The terms of this Agreement, and the Premises and Required Improvements, satisfy the
eligibility criteria of the NEZ Incentives.
K. Written notice that the City intends to enter into this Agreement, along with a copy of this
Agreement, has been furnished in the manner prescribed by the Code to the presiding officers of the
governing bodies of each of the taxing units in which the Premises is located.
NOW, THEREFORE, the City and Owner, for and in consideration of the terms and conditions
set forth herein, do hereby contract, covenant and agree as follows:
1. OWNER'S COVENANTS.
1.1. Real Property Improvements.
Owner shall expend $56,300.00 to repair/remodel a Single-Family Dwelling,
(collectively, the "Required Improvements"), the kind and type of remodel are more
particularly described in Exhibit "3". Minor variations in the Required Improvements from the
description provided in the Application for Tax Abatement shall not constitute an Event of
Default, as defined in Section 4.1, provided that the Required Improvements are in the manner
described in Exhibit 113".
1.2. Completion Date of Required Improvements.
Owner certifies that the Required Improvements will be completed within two years from
the date of Council approval. The abatement will automatically terminate two years after Council
approval if the project is not complete,unless delayed because of force majeure, in which case the
two years shall be extended by the number of days comprising the specific force majeure. For
purposes of this Agreement,force majeure shall mean an event beyond Owner's reasonable control
as determined by the City of Fort Worth in its sole discretion, which shall not be unreasonably
withheld, including, without limitation,delays caused by adverse weather, delays in receipt of any
required permits or approvals from any governmental authority, acts of God, or fires. Force
majeure shall not include construction delays caused due to purely financial matters, such as,
without limitation, delays in the obtaining of adequate financing.
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1.3. Use of Premises.
Owner covenants that the Required Improvements shall be rehabilitated/remodeled and
the Premises shall be used as the owner's primary residence in accordance with the description
of the Project set forth in the Exhibit "3". In addition, Owner covenants that throughout the
Term,the Required Improvements shall be operated and maintained for the purposes set forth in
this Agreement and in a manner that is consistent with the general purposes of encouraging
development or redevelopment of the Zone.
2. ABATEMENT AMOUNTS,TERMS AND CONDITIONS.
Subject to and in accordance with this Agreement, the City hereby grants to Owner a real property
tax abatement of City of Fort Worth imposed taxes on the Premises for the Required Improvements, as
specifically provided in this Section 2("Abatement").Abatement does not include taxes fiom other taxing
entities.
2.1. Amount of Abatement.
The actual amount of the Abatement granted under this Agreement shall be based upon the
increase in value of the Premises due to the Required Improvements, over its value as determined
by TAD in 2016, for the existing improvements and this amount is $28,250.00.
2.2 Increase in Value.
The Abatement shall be 100% of the increase in value from the construction of the
Required Improvements and shall apply only to taxes on the increase in value of the Premises
due to construction of the Required Improvements. The Abatement shall not apply to taxes on
the land, nor shall the abatement apply to mineral interests.
2.3. Term of Abatement.
The term of the Abatement ("Term") shall begin on January 1 of the year following the
calendar year in which the Required Improvement is completed by final inspection ('Beginning
Date") and,unless sooner terminated as herein provided, shall end on December 31 immediately
preceding the fifth(5th) anniversary of the Beginning Date.
2.4 Protests Over Appraisals or Assessments.
Owner shall have the right to protest and contest any or all appraisals or assessments of the
Premises and/or improvements thereon.
2.5. Abatement Application Fee.
The City acknowledges receipt from Owner of the required Application fee of$100.00.
The application fee shall not be credited or refunded to Owner or its assigns for any reason.
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3. RECORDS,AUDITS AND EVALUATION OF REQUIRED IMPROVEMENTS.
3.1. Inspection of Premises.
Between the execution date of this Agreement and the last day of the Term, at any time
during normal office hours throughout the Term and the year following the Term and following
reasonable notice to Owner, the City shall have and Owner shall provide access to the Premises
in order for the City to inspect the Premises and evaluate the Required Improvements to ensure
compliance with the terms and conditions of this Agreement. Owner shall cooperate fully with
the City during any such inspection and/or evaluation.
3.2. Certification.
Owner shall certify annually to the City that it is in compliance with each applicable term
of this Agreement. The City shall have the right to audit at the City's expense the Required
Improvement with respects to the specifications listed in Exhibit "3". Owner must provide
documentation that Owner is using the Required Improvements as their primary residence
(collectively, the "Records") at any time during the Compliance Auditing Term in order to
determine compliance with this Agreement. Owner shall make all applicable Records available to
the City on the Premises or at another location in the City following reasonable advance notice by
the City and shall otherwise cooperate fully with the City during any audit.
3.3 Provision of Information.
On or before March 1 following the end of every year during the Compliance Auditing
Term and at any other time if requested by the City, Owner shall provide information and
documentation for the previous year that addresses Owner's compliance with each of the terms and
conditions of this Agreement for that calendar year.
Failure to provide all information within the control of Owner required by this
Section 3.3 shall constitute an Event of Default, as defined in Section 4.1.
3.4 Determination of Compliance.
On or before August I of each year during the Compliance Auditing Term, the City shall
make a decision and rule on the actual annual percentage of Abatement available to Owner for the
following year of the Term and shall notify Owner of such decision and ruling. The actual
percentage of the Abatement granted for a given year of the Term is therefore based upon Owner's
compliance with the terms and conditions of this Agreement during the previous year of the
Compliance Auditing Term.
4. EVENTS OF DEFAULT.
4.1. Defined.
Unless otherwise specified herein, Owner shall be in default of this Agreement if(i) Owner
fails to construct the Required Improvements as defined in Section 1.1.; (ii) ad valorem real
property taxes with respect to the Premises or the Required Improvements, or its ad valorem taxes
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with respect to the tangible personal property located on the Premises, become delinquent and
Owner does not timely and properly follow the legal procedures for protest and/or contest of any
such ad valorem real property or tangible personal property taxes;(iii)OWNER DOES NOT USE
THE PREMISES AS THE OWNERS PRIMARY RESIDENCE ONCE THE ABATEMENT
BEGINS; or (iv) OWNER DOES NOT COMPLY WITH CHAPTER 7 AND APPENDIX B
OF THE CODE OF ORDINANCES OF THE CITY OF FORT WORTH(collectively, each
an "Event of Default").
4.2. Notice to Cure.
Subject to Section 5, if the City determines that an Event of Default has occurred, the
City shall provide a written notice to Owner that describes the nature of the Event of Default.
Owner shall have sixty (60) calendar days from the date of receipt of this written notice to fully
cure or have cured the Event of Default. If Owner reasonably believes that Owner will require
additional time to cure the Event of Default, Owner shall promptly notify the City in writing, in
which case (i) after advising the City Council in an open meeting of Owner's efforts and intent
to cure, Owner shall have ninety(90)calendar days from the original date of receipt of the written
notice, or (ii) if Owner reasonably believes that Owner will require more than ninety (90) days
to cure the Event of Default, after advising the City Council in an open meeting of Owner's
efforts and intent to cure, such additional time, if any, as may be offered by the City Council in
its sole discretion.
4.3. Termination for Event of Default and Payment of Liquidated Damalles.
If an Event of Default which is defined in Section 4.1 has not been cured within the time
frame specifically allowed under Section 4.2, the City shall have the right to terminate this
Agreement immediately. Owner acknowledges and agrees that an uncured Event of Default will
(i) harm the City's economic development and redevelopment efforts on the Premises and in the
vicinity of the Premises; (ii)require unplanned and expensive additional administrative oversight
and involvement by the City; and (iii) otherwise harm the City, and Owner agrees that the
amounts of actual damages there from are speculative in nature and will be difficult or impossible
to ascertain. Therefore, upon termination of this Agreement for any Event of Default, Owner
shall pay the City, as liquidated damages; all taxes that were abated in accordance with this
Agreement for each year when an Event of Default existed and which otherwise would have been
paid to the City in the absence of this Agreement. The City and Owner agree that this amount is
a reasonable approximation of actual damages that the City will incur as a result of an uncured
Event of Default and that this Section 4.3 is intended to provide the City with compensation for
actual damages and is not a penalty. This amount may be recovered by the City through
adjustments made to Owner's ad valorem property tax appraisal by the appraisal district that has
jurisdiction over the Premises. Otherwise, this amount shall be due, owing and paid to the City
within sixty(60) days following the effective date of termination of this Agreement. In the event
that all or any portion of this amount is not paid to the City within sixty (60) days following the
effective date of termination of this Agreement, Owner shall also be liable for all penalties and
interest on any outstanding amount at the statutory rate for delinquent taxes, as determined by
the Code at the time of the payment of such penalties and interest(currently, Section 33.01 of the
Code).
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4.4. Termination at Will.
If the City and Owner mutually determine that the development or use of the Premises or
the anticipated Required Improvements are no longer appropriate or feasible, or that a higher or
better use is preferable,the City and Owner may terminate this Agreement in a written format that
is signed by both parties. In this event, (i)if the Term has commenced,the Term shall expire as of
the effective date of the termination of this Agreement; (ii)there shall be no recapture of any taxes
previously abated; and(iii)neither party shall have any further rights or obligations hereunder.
4.5 Sexually oriented business & Liquor Stores or Package Stores.
a. Owner understands and agrees that the City has the right to terminate this
agreement if the Required Improvements contains or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the right to terminate this
agreement as determined in City's sole discretion if the Required Improvements contains or will
contain a liquor store or package store.
5. EFFECT OF SALE OF PREMISES.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the
Required Improvements as a primary residence or the homeowner's mortgagee which City Council hereby
agrees to, the Abatement granted hereunder shall vest only in Owner;however if Owner sells the Premises
and Required Improvements,this Abatement cannot be assigned to a new owner of all or any portion of the
Premises and/or Required Improvements without the prior consent of the City Council, which consent
shall not be unreasonably withheld provided that (i) the City Council finds that the proposed assignee is
financially capable of meeting the terms and conditions of this Agreement and(ii)the proposed purchaser
agrees in writing to assume all terms and conditions of Owner under this Agreement. Owner may not
otherwise assign, lease or convey any of its rights under this Agreement. Any attempted assignment
without the City Council's prior consent shall constitute grounds for termination of this Agreement and the
Abatement granted hereunder following ten (10) calendar days of receipt of written notice from the City
to Owner.
Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required
Improvements as a primary residence or the homeowner's mortgagee, Owner shall have no further
obligations or duties under this Agreement. In addition, upon assignment to any other entity with
the written consent of City Council, Owner shall have no further duty or obligation under this
Agreement.
IN NO EVENT SHALL THE TERM OF THIS AGREEMENT BE EXTENDED IN THE EVENT
OF A SALE OR ASSIGNMENT.
THE FAILURE OF OWNER TO SEND THE CITY NOTIFICATION OF THE SALE OF THE
REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF THIS
AGREEMENT WITH THE NEW OWNER WITHIN 30 DAYS OF THE TRANSFER OF
OWNERSHIP OF THE REQUIRED IMPROVEMENTS SHALL RESULT IN THE
AUTOMATIC TERMINATION OF THIS AGREEMENT. THE NOTICE AND EXECUTED
ASSIGNMENT MUST BE SENT TO THE CITY BY CERTIFIED MAIL OR BY HAND
DELIVERY.
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6. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the following,
or such other party or address as either party designates in writing,by certified mail,postage prepaid, or
by hand delivery:
City: and Owner:
City of Fort Worth Neighborhood Services Dept. Perry L. &Darlene Spencer
Attn: City Manager's Office Attn: Director 3112 Canberra Court
1000 Throckmorton 1000 Throckmorton Fort Worth, TX 76105
Fort Worth, Texas 76102 Fort Worth,Texas 76102
7. MISCELLANEOUS.
7.1. Bonds
The Required Improvements will not be financed by tax increment bonds. This
Agreement is subject to the rights of holders of outstanding bonds of the City.
7.2. Conflicts of Interest.
Neither the Premises nor any of the Required Improvements covered by this Agreement are
owned or leased by any member of the City Council, any member of the City Planning or Zoning
Commission or any member of the governing body of any taxing units in the Zone.
7.3. Conflicts Between Documents.
In the event of any conflict between the City's zoning ordinances, or other City ordinances
or regulations, and this Agreement, such ordinances or regulations shall control. In the event of
any conflict between the body of this Agreement and Exhibit"3",the body of this Agreement shall
control.
7.4. Future Application.
A portion or all of the Premises and/or Required Improvements may be eligible for
complete or partial exemption from ad valorem taxes as a result of existing law or future
legislation. This Agreement shall not be construed as evidence that such exemptions do not apply
to the Premises and/or Required Improvements.
7.5. City Council Authorization.
This Agreement was authorized by the City Council through approval of Mayor and
Council Communication No. C-27962 on October 11, 2016, which, among other things
authorized the City Manager to execute this Agreement on behalf of the City.
NEZ Tax Abatement with Perry L. and Darlene Spencer
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7.6. Estoppel Certificate.
Any party hereto may request an estoppel certificate from another party hereto so long as
the certificate is requested in connection with a bona fide business purpose. The certificate, if
requested, will be addressed to the Owner, and shall include, but not necessarily be limited to,
statements that this Agreement is in full force and effect without default(or if an Event of Default
exists, the nature of the Event of Default and curative action taken and/or necessary to effect a
cure), the remaining term of this Agreement, the levels and remaining term of the Abatement in
effect,and such other matters reasonably requested by the party or parties to receive the certificates.
7.7. Owner Standing.
Owner shall be deemed a proper and necessary party in any litigation questioning or
challenging the validity of this Agreement or any of the underlying laws, ordinances, resolutions
or City Council actions authorizing this Agreement and Owner shall be entitled to intervene in any
such litigation.
7.8. Venue and Jurisdiction.
This Agreement shall be construed in accordance with the laws of the State of Texas and
applicable ordinances, rules, regulations or policies of the City. Venue for any action under this
Agreement shall lie in the State District Court of Tarrant County, Texas. This Agreement is
performable in Tarrant County, Texas.
7.9. Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected
or impaired.
7.10 Headings Not Controlling.
Headings and titles used in this Agreement are for reference purposes only and shall not
be deemed a part of this Agreement.
7.11. Entirety of Agreement.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and
Owner, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement. This Agreement shall not be amended unless
executed in writing by both parties and approved by the City Council. This Agreement may be
executed in multiple counterparts, each of which shall be considered an original,but all of which
shall constitute one instrument.
(REMAINDER OF PAGE INTENTIONALLY BLANK)
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CITY OF FORT WORTH: OWNER:
By: � By: P�ia/L�it�
Fernando Costa Perry L. pencer
Assistant City Manager
Bkkd"V-'-�
.y
Darlene Spencer
ATTEST:
By: �• A!Z
a Kayser
i p
City Secretary
APPROVED AS TO FORM AND LEGALITY:
n-
By:
Melinda Ramos
Sr. Assistant City Attorney OFFICIAL RECOgo
CITY SECRETARY
M& C: C-27962 FT, WORTIr -rX
,_j
STATE OF TEXAS §
LINTY OF TARRANT §
ORE ME, the undersigned authority, on this day onally appeared Fernando Costa,
Assistant City ager of the CITY OF FORT WORTH, a cipal corporation,known to me to be the
person and officer se name is subscribed to the for mg instrument, and acknowledged to me that
the same was the act of tlid CITY OF FORT W TH,TEXAS, a municipal corporation,that he was
duly authorized to perform the s approp ' e resolution of the City Council of the City of Fort Worth
and that he executed the same as the f the said City for the purposes and consideration therein
expressed and in the capacity therein ti. ed.
GIVEN UNDER Y HAND AND S OF OFFICE this day of
2016.
Notary Publ' m and for
`'��'�y•:CONSTANCE DENISE IAMS
the Stat f Texas
My Notary ID#13063551
'''• •''+;' Expires September 23,2020
NEZ Tax Abatement with Perry L. and Darlene Spencer
Approved by M&C C-27962 October 11, 2016
Page 9 of 11
CITY OF FORT WORTH: OWNER:
By: By:
Fernando Costa Perry L. Spencer
Assistant City Manager
By:
Darlene Spen
ATTEST:
By:
Mary Kayser
City SecretarZFOD
APPROVED AS
By:
Melinda ,,Znos
Sr. Ass' ant City Attorney
M& C-27962
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa,
Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation,known to me to be the
person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that
the same was the act of the said CITY OF FORT WORTH,TEXAS, a municipal corporation,that he was
duly authorized to perform the same by appropriate resolution of the City Council of the City of Fort Worth
and that he executed the same as the act of the said City for the purposes and consideration therein
expressed and in the capacity therein stated.
G,�VEN UNDER MY HAND AND SEAL OF OFFICE this qday of
2017.
TR
IKINYA L JOHNSON
Notary Public,State of Texas
Notary Public Almd fo =
�� Comm. Expires 04-17-2018
the State of Texas -.:; ;;;`•� Notary ID 1238832-0
NEZ Tax Abatement with Perry L. and Darlene Spencer
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority, on this day personally appeared Perry L. Spencer,known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and consideration therein expressed,in the capacity therein stated.
G VEN UNDER MY HAND AND SEAL OF OFFICE this day of
2016.
Notary Public in and for
the State of Texas
CONSTANCE DENISE WILLIAMS
€,0. Y•= My Notary ID#130835514
+,....... Expires September 23,2020
.O ,
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority, on this day personally appeared Darlene Spencer, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
she executed the same for the purposes and consideration therein expressed,in the capacity therein stated.
J,rEN UNDER MY HAND AND SEAL OF OFFICE this day of
16 2016. -
Notary Public in and for
the State of Texas
q•""•�; :CONSTANCE DENISE WILLIAMS
My Notary ID#130835514
+' Expires S
'• � ••' P eptember 23,2020
NEZ Tax Abatement with Perry L. and Darlene Spencer
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Exhibit 1: Property Description
Exhibit 2: Application: (NEZ) Incentives and Tax Abatement
Exhibit 3: Required Improvements description including kind,number and location of the proposed
improvements.
NEZ Tax Abatement with Perry L. and Darlene Spencer
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Exhibit 1
Property Description
3112 Canberra Court, Lot 4, Block A, Southport, An Addition to the City of Fort Worth, Tarrant
County Texas, according to the Plat recorded in Volume 388-L, Page 31 of the Plat Records of
Tarrant County, Texas.
Exhibit 2
FORT WORTH Application No.N I &_0023i
City of Fort Worth
Neighborhood Empowerment Zone (NEZ) Application for Basic Incentives
Property Owner:
Las- . Firs/tj'/ I.
Address: ��� �� v zY
StreeejtAddress City State nZip
Phone: / }f�� ��7� Email: I'l�/�v-
Contact: �✓
(If different) Last First M.I.
Phone: Email:
NEZ certifications are project specific.Please describe your project: !
❑ ❑ ❑ ❑ ❑
Single Family Multi-Family Commercial Industrial Community Facilities Mixed-Use
Project Address: J//a C//!y'hext"q-
StrggtAddress
Legal Description: �f fJ CJS? fa 7f�
Lot Block Addition
YEV NO YES NO
New Construction/Addition• //[ Remodel/ ehab: ❑
Total New Sq.Ft. /a�f� _ '� Total Development Cost:
YES NO
Will the NEZ certified property be occupied by the property owner? IF ❑
If your project is a Nlried Use project,please list all specific uses that are being proposed:
/f
YE5&O
Do you wish to apply for a Municipal Property Tax abatement for this project? 1/ ❑
If the above answer is yes,please contact the City of Fort Worth Neighborhood Services Department at
(817)392-7316 or visit http://fortworthtexas. o� v/neip-hborhoods/NEZ/for additional information.
YES NO
Do you wish to apply for a release of certain City liens? ❑ I✓1
Weed,Paving,Demolition and Board Up/Open Structure liens may be released
YES
Will a Zoning Change application be necess for 's project? ❑
Signature of Zoning Staff: - Wo
Date: "C)y'-)b
Revised 05/2016 JLE ` ^ 1 1 flA—
' _
FORT WORTH. Application No.
City of Fort Worth
Neighborhood Empowerment Zone (NEZ) Application for Basic Incentives
I hereby certify that the information provided is true and accurate to the best of my knowledge.
I hereby acknowledge that I have read the NEZ Basic Incentives,which governs the granting of tax abatements,fee
waivers and release of City liens, and that any VIOLATION of the terms of the NEZ Basic Incentives or
MISREPRESENTATION shall constitute grounds for rejection of an application or termination of incentives at the
discretion of the City.
I understand that the approval of fee waivers and other incentives shall not be deemed to be approval of any aspect
of the project. I understand that I am responsible for obtaining required permits and inspections from the City and
in ensuring the project is located in the correct zoning district.
I understand that my application will not be processed if it is incomplete.If the application is not complete within
30 days, it will be withdrawn and application fees paid will not be reimbursed. I agree to provide any additional
information for determining eligibility as requested by the City.
I understand that if there are taxes due or liens against any property owned in the City of Fort Worth I may not be
eligible for NEZ basic incentives.
I understand that I must pay all associated fees at the time of project application and/or permit submittal if I wish
to submit permits prior to determination of NEZ eligibility.
I understand that some permits may not be issued while NEZ eligibility is being established.
Printed Name of Property Owner /'�gnature of Property Owner Date
Please mail,e=Mai1 or bring your completed application to:
City of Fort Worth Planning and Development Department
1000 Throckmorton Street,Fort Worth,Texas 76102
E- Mail:DevNe&rogram@fortworthtexa.s.gov
An electronic version of this form is available on our website.For more information on the NEZ Program for
Basic Incentives,please visit our web site at http://fortworthtexas. og v/neighborhoods/NEZ/or contact our office
at(817)392-2222 or DevNezProgram@fortworthtexas.gov.
For more information on Tax Abatements,see the above website or contact Neighborhood Services at
(817)392-7316.
YES O
Project certified for NEZ Basic Incentives: ff ❑ If yes,Certified B777
If not certified,reason for denial:
Revised 05/2016 JLE
Exhibit 3
Project Description
Rehabilitation of a single family residence
• Addition of 186 square feet living space
• Add 148 square foot roof over existing patio
• Add new garage 224 square feet
• Add new storage building 122 square feet
M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT T11
COUNCIL ACTION: Approved on 10/11/2016
DATE: 10/11/2016 REFERENCE C-27962 LOG NAME: 19NEZ3112CANBERRA
NO..
NON- PUBLIC
CODE: C TYPE: CONSENT HEARING: NO
SUBJECT: Authorize Execution of a Five-Year Tax Abatement Agreement with Perry L. and
Darlene Spencer for the Rehabilitation of a Single-Family House on Property Located
at 3112 Canberra Court in the Berryhill/Mason Heights Neighborhood Empowerment
Zone (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a five-year Tax Abatement
Agreement with Perry L. and Darlene Spencer for the rehabilitation of a single-family house on
property located at 3112 Canberra Court in the Berryhill/Mason Heights Neighborhood
Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax Abatement
Policy and Basic Incentives.
DISCUSSION:
Perry L. and Darlene Spencer (Property Owners) are the owners of the property described as Lot
4, Block A, Southport, an Addition to the City of Fort Worth, Tarrant County, Texas, according to
the Plat recorded in Volume 388-L, Page 31, of the Plat Records of Tarrant County, Texas, at
3112 Canberra Court, Fort Worth, Texas. The property is located within the Berryhill/Mason
Heights Neighborhood Empowerment Zone (NEZ).
The Property Owners plan to invest an estimated $56,300.00 to rehabilitate an approximately
1,300 square foot single-family residence (Project). The Project will be used as the owners'
primary residence.
The Neighborhood Services Department reviewed the application and certified that the Property
Owners and Project met the eligibility criteria to receive a NEZ municipal property tax
abatement. The NEZ Basic Incentives includes a five-year municipal property tax abatement on
the increased value of improvements.to the qualified owner of any new construction or
rehabilitation within the NEZ.
Upon execution of the Agreement, the total assessed value of the improvements used for
calculating municipal property tax will be frozen for a period of five years starting in January 2017
at the estimated pre-improvement value, as defined by the Tarrant Appraisal District (TAD) in
August 2016, for the property as follows:
Pre-Improvement TAD Value of Improvements $28,250.00
Pre-Improvement Estimated Value of Land $ 2,000.00
Total Pre-Improvement Estimated Value $30,250.00
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22917&councildate=10/11/2016[10/12/2016 4:21:20 PM]
M&C Review
The municipal property tax on the improved value of Project after construction is estimated at
$481.00 per year for a total of$962.00 over the five-year period. However, this estimate may
differ from the actual tax abatement value, which will be calculated based on the Tarrant Appraisal
District appraised value of the property.
In the event of a sale of this property, the NEZ Tax Abatement Agreement may be assigned to a
new owner's first mortgagee or a new homeowner as a primary residence. All other assignments
must be approved by the City Council.
This property is located in COUNCIL DISTRICT 8, Mapsco TAR-78S.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of the above recommendations will have no material
effect on the Fiscal Year 2017 Budget. While no current year impact is anticipated from this
action, upon approval reduced revenues will be included in the long-term forecast associated with
years 2018-2022.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID I I Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Sarah Odle (7316)
ATTACHMENTS
3112 Canberra Map.pdf
Elevations and Site Plan.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22917&councildate=10/11/2016[10/12/2016 4:21:20 PM]