HomeMy WebLinkAboutContract 44350 CITYSECMA
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TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A
NEIGHBORHOOD EMPOWERMENT ZON
2732 Sandage Avenue
This TAX ABATEMENT AGREEMENT ("Agreement" is entered into by and between the
CITY OF FORT WORTH, TEXAS the "City"),, a barns rule municipal corporation organized under
the laws of the State of Texas and acting,by and through T.M. Higgins,, is duly authorized City Manager,.
and Glenn R. and Sharleen K. Leimbaeh ("Owners"), owners of property located at 2732 Sanda e
Avenue, Bloch 9 Lot 9, Frisco Heights Addition, in the City of Fort Werth, Tarrant County, Texas,, and
shown on the plat recorded in Volume 204A, page 96, Deed Records, Tarrant County, Texas.
The City Council of the !pity of Fort Worth "City Counell") 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 3 of the Texas Local Government Code allows a municipality to create
Neighborhood Empowerment Zone NEZ if the municipality determines that the creation of
the zone would promote
(1) Te creation of affordable housing, including manutactured housing in the,zone;
(2) An increase in eeenernie development in the zone
(3) An increase in the quality of social servicesl education, or public safety provided to
residents of the zone; or
(4) The rehabilitation of affordable housing in the zone,
Be Chapter 378 of the Texas Local Government Code provides that a municipality that creates a
N Z, may enter into agreements abating mum*cipal property taxes on property in the zone.
C» On July 31, 2001, the City adopted basic incentives for property owners who own property
located in a ICE?, stating that the City elects to be eligible to participate in tax abatement and
including guidelines and criteria governing tax abatement agreements ents entered into between
the City and various third parties, titled "'NEZ Basic Incentives", these were readopted on
February 5, 2013 (Resolution alution e. 4180). The February 5, 2013 N Z Incentives are attached
hereto as Exhibit"I"hereby made a part of the Agreement for all purposes.
D,.,,O e 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").
On February 3�, 20109, the City Council adopted O�rdin ee ��. ��1� ("Ord"',�l��lt e''"
establishing"Neighborhood Empowerment Reinvest ent Zone No. 13," City of Fort Werth,
Texas ("Zone").
Owner owns certain real property located entirely within the Berry/University NEB and that
is ore particularly described in Exhibit "T"., attached. hereto of this
Agreement for all purposes(the "Pre kes 11)"
OFFICIAL RECORD
FICIA
L RD
CITY'SECRETARY
RrC�IVFO APR - 6 7013
Uwner or its assigns plan to construct the Required Improvements, as defined in Section 1.1.
Is ^
of this Agreement, on the Premises to be used as a sing�e-�tam,ily residence 'that will be
Owner occupied.
H* On February 27, 2013, Owner submitted an application for NEZ incentives and for tax
abatement to the City concerning the contemplated use of the Premises (the "Application"),,
attached hereto as.Exhibl't "Y' and hereby made a part of this Agreement for all purposes.
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 N Incentives, the Ordinance and other applicable laws,
ordinances, rules and regulations.
je The terms of this Agreement, and the Premises and Required Improvements., satisfy the
eligibility criteria of the NZ 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.
NO 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.
I.I. Real PropeEly !.mp rove meats.
Owner shall construct, or cause to be constructed, on and within the Premises certain
improvements, consisting of a single-family residence,, of at least 2,840 square feet in size and built
to the specifications listed in Exhibit "4", (collectively the "Required Improvements"'). Taff ant
Appraisal, District must appraise the property (improvements and land) within 10% of
$269,0010.0,0. Owner shall provide a survey of the home upon completion of the Required
Improvements. The parties agree that the final survey shall ewe a part of this Agreement and shall
be labeled Exhibit ",5". Minor variations and more substantial variations if approved in writing by
both parties to this Agreement before construction is undertaken 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 conditions in the first sentence of this
Section 1.1 are met and the Required Improvements are used for the purposes and in the manner,
described in Exhibit "4".
1.2. Completion Date of Reguired 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 a building permit has not been pulled and a foundation, has not been poured, unless
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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 sha ll
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 a provals, from any
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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 off`
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adequate financing.
1.3. Use of Premises.
Owner covenants that the Required Improvements shall be used as rental property in
accordance with the NEZ Incentives. In addition, Owner covenants that fl-troughout the Term,, the
Required Improvements shall be maintained for the purposes set forth in this Agreement.
2. ABATEMENT AMOUNTS3 TERMS AND,CONDITIONS.
Subject to and in accordance with this Agreement, the City hereby gants 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 from 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 thePremises, due to the Required Improvements, over its value on March 26�,
2013,1 the year in which both parties executed this Agreement.
If the square footage requi rement and the appraised value of'the Required Improvements,
are less than as provided in Section 1.1 of this Agreement, Owner shall not be eligible to receive
any Abatement under this Agreement.
2,2 Increase � Value*
The Abatement shall be 100% of the it in value irrom, 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 I of the year following the
calendar year in which the Required Improvement is completed ("Beginnm* g Date") and, unless
sooner terminated as herein provided,, shall end on December 31 immediately preceding the fifth
(5th anniversary of the Beginning Date.
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2A 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.
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2.5. A batement Application Fee.
The City acknowledges receipt from Owner of the required Application fee of $10�0,00�.
The application fee shall not be credited or refunded to Owner or its assigns for any reason.
3. RECORDSI-AUDITS AND EVALUATION OF REOUIRED IMPROVEMENTS.
3.1. InIpection of Pre nu*ses,,
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. L'ertification.
Owner shall certify annually to the City that it is in compliance with each applicable,to 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 'W'. Owner must provide
documentation that Owner is using the Required Improvements, as rental property (collectively, the
"Records"') at any time during the Compliance Auditing Term in order to determine comp iance 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.
3,31 kroVision of Information.
On or before March I 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
31.3 shall constitute an Event of Default, as defmed M" Section 4.1.
3.4 Peter ".nation 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 Ten-n.
4. EVENTS OF DEFAULT.
4.1. De�rmed.
Unless otherwise specified herein, Owner shall be in default of this Agreement if(1) 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 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-, (fi ER DOES NOT USE THE
PREMISES AS 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 filly 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. Ternn*nation for Event of Default and P ent of Liquidated Da ma 4P
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
(0 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 (111) otherwise harm the City, and Owner agrees that the amounts
of actual damages therefrom 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 arnount 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 4.31 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 d,istn'ct that has jurisdiction over the Premises.
Otherwise this amount shall be due, owing and paid to, the City within s*xty (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 (6 10) 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).
4.4. lernfination at Will.,
If the City and Owner mutually determine that the development or use of the:pr emises 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 Tenn 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.
A
4,5 ,Sexually oriented business & Liguor Stores or Package Stores.
a. Owner understands and agrees that the City has the night 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,
5s, EFFECT' OF SALE OF PREMISES.,
Except for an assignment to Owner's first mortgagee or to a ho ebuyer who will use the Required
Improvements as rental property 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 fi nancially
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(1 calendar days of receipt of written notice from the City to Owner.
0,
Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required
Improvements as its 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
wri tten consent of City Council, Owner shall have no further duty or obligation under this
Agreement.
IN NO E,VENT' 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,
legislation. This Agreement shall not be construed as evidence that such exemptions, do not apply
to the Premises and/or Required Improvements.
7*5 i Council Auth ion.
This Agreement was authorized by the City Council -through approval of Mayor and
Council Communication No. C-26172 on March 26, 2013, which, among other things, authorized
the City Manager to execute this Agreement on behalf of the City.
't*0*
7.6. Est ogpel-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 e!ffect 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
to of'this Agreement, the levels and remaining term of the Abatement in effect, and such other
r* .
matters reasonably requested by the party or parties to receive the certilicates.
7.7. Q er Stead,* g.
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. ivenue 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. Severa 0
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 Head M*' &s Not Control
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
7,11. Enfiret-v of AgLeement.
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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANIC]
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EXECUTED this 31,by the C ity of Fort Worth, 'Texas.
EX-ECUTED this day of
2013,by Glenn R. Leimbach.
EXECUTED this day of 2013�!�by Sharleen K. Lei mbach.
CITY OF FORT WORTH,: OWNER.
By„ Bye
Fernando Costa Glenn R. Lei
Assistant City Manager Owner
By*- gAamP)X?
Sharlee,n K. Lei back
ON* QwWiner
0 !lm�li
*�OIR
0000,
ATT'EST:
................................. 07
0
By: 01
7---to— 01
Mary Kays,
City Secret,vyv 000000
APPROVED AS TO FORM AND LEGALITY:
By:
Melfin aa Rwnos
Assistant City Attorney
C-26172
LOFFICIAL RECORD
CITY SECRETARY
ff F'T
a WORJ
, m,WORT'Hl TX
mmm,#AL�
ATE OF TEXAS §
COUNTY OFTARRANT §
BEFORE,ME, the undersigned authon*ty, 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 subscn*bed tot 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 appr opriate 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.
ICY
Gf EN UNDER MY HAND AND SEAL OF OFFICE, this /,dX -day of
2013.
..............
otart'Public in and f4
the State of TexasA*
Notary's Pfinted Name
FN MA DANIELS
My r'OMMISSION EXPIRE
July 16,2013
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the 'undersigned authority, on this day personally appeared Glenn R. Leimbach,
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.
A
IVEN UNDER MY HAND AND SEAL OF OFFICE this day of
tary
N '*--P� ad
o ubl'ic in n
the State of Texas
SAFM J.ODLE
MY COMMISSION EXPIRES
November 5,2ol s
Notary's Printed Name
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, -the undersigned authority, on this day personally appeared Sharleen K. Leimbach,
known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
4
me that she executed the same for the purposes and consideration therein expressed, in the capacity therein
stated.
EN DER MY HAND AND SEAL OF OFFICE this da of
2013.
Iv. a
Not ji��ic in and for v
the State of Texas
8AAAH J.,ODLE
Notarys Printed Name My COMMISSION EXPIRES
No bey 6,2016
Exhibit I: NEZ Incentives
Exhibit 2: Property Description
Exhibit 3: Application: (NEZ) Incentives and Tax Abatement
Exhibit,4: Required Improvements description including kind, number and location of the proposed
improvements.
Exhibit 5:1 Final Survey
Exhibit I
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (N:E,Z) TAX ABATEMENT POLICY AND BASIC
INCENTIVES
L GENERAL PURPOSE AND OBJECTIVES
Chapter 378 of the Texas Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone EZ) when a 44...municipa,lity determines that the creation
of the zone would promote-,
(1 the creation, of affo�rdable 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."
The City, by adopting the follll�owing N!E:Z'Tax Abatement Policy and Basic Incentives, will
promote affordable housing and economic development in Neighborhood Empowerment,Zones.
NEZ incentives will not be granted after the NEZ expires as, defined in the resolution designating
the NE,Z. For each NIEZ, the City Council may approve additional terms, and incentives as,
permitted by Chapter 378 of the Texas Local Government Code or by City Council resolution.
However, any tax abatement awarded before the expiration of a NEE shall carry its full term
according, to Its tax abatement agreement approved by the City Council.
As mandated by state law, the property tax abatement under this. policy applies to the owners of
real property. Nothing in the policy shall be construed as an obligation by the City of Fort Worth
to approve any tax abatement application.
III. DEFINITIONS
ILI
Abatement or Tax Abatement means a full or partial exemption from City of Fort Worth ad
valorem taxes on eligible real and peirs,ona�l property located in a NEZ for a specified period on
the difference between (i) the amount of increase in the appraised value (as reflected on the
certified tax rolll of the appropriate county appraisal district) resulting from improvements begun
after the execution of a written Tax Abatement Agreement and (1i) the appraised value of such
real estate prior to execution of a wriitten Tax Abatement Agreement (as reflected on the most
recent certified tax roll of the appropriate county appraisal dlistrict for the year prior to the date
on which the Tax Abatement Agreement was executed).
"Affordable Units" means affordable to, persons earning less than 80% Area Median Family
Income (AMFI), as defined by U.S. Department of Housing and Urban Development (HUD) for
single family housing and under 60%AMF/as defined by HUD for rental and multi-family.
"Base Value"is the value of the Feel Property Irriprovements, excluding land, as determined by
the Tarrant County Appraisal District, during the year rehabilitation occurs.
"Building Standards Commission" is the commission created under Sec. 7-77, Article I'V.
Milnimum Building Standards Code of the Fort Worth City Code.
Adopted—February 5, 2 013 1
"Capital Investment" includes only Real Property Improvements such as new facilities and
structures, site improvements, facility expansion, and facility modernization. Capital Investment
does OT include land acquisition costs and/or any existing improvements, or personal property
(such as machinery, equipment, and/or supplies, and inventory).
"City of Fort Worth Tax Abatement Policy Statement)"means, the policy adopted by City Council.
"CommerciallIndustrial Development Project" is a development project which, proposes to
construct or rehabilitate colmmerciall/industri;al facilities on property that is or meets the
requirements to be) zoned commercial, industrial or mixed use as defined by the City of Fort
Worth Zoning Ordinance.
"Community Facility Development Project"is a development project which proposes to construct
or rehablilitate community facilities on property that allows such use as defined by the City of
Fort Worth Zoning Ordinance.
"Eligible Rehabilitation" includes only physical improvements to Real Property Improvements.
E i
ligible Rehabilitation does NOT include personal property (such as furniture, appiliances,
equipment, and/or supplies).
"Gross Floor Area,"' is measured by taking the outside dimensions, of the building at each floor
level, except that portion of'the basement used only for utilities or storage, and any areas within
the building used for off-street parking.
"'Minimum Building Standards Code"'is Article IV of the Fort Worth City Code adopted pursuant
to Texas, Local Government Code, Chapters 54 and 214.
"Minority Business Enterprise; (MBE)"and "Women Business En terg ise (WB "is a m i no ri ty or
woman owned business that has received certification as either a certified IVIBE or certified
W by either the North Texas Regional Certification Agency (NTRCA) or the Texas
Department of'Transportation (TxDot), Higlh ay Division.
"Mixed-Use Development Project" is a development project which proposes to construct or
rehabilitate mixed-use facilities in which residential uses constitute 20 percent or more of the
total gross floor area, and office, eating and entertainment, and/or retail sales and service uses
constitute 10 percent or more of the total gross floor area and is on property that is (or meets
the requirements to he zoned mixed-use as described by the City of Fort Worth Zoniing
Ordinance.
di family Development Project", is a, development project which proposes to construct or
rehabilitate 3 or moire multill-family residential living units on a property that is or meets the
requirements to be) zoned multi-family or mixed use as defined by the C,ity of Fort Worth Zoning
Ordinance.
"New Construction" is a newly constructed habitable structure improvement requiring a
permanent foundation. This excludes accessory structures such as sheds and incidental out
buildings.
"Primary Residence" is the residence that has a Homestead Exemption, on file with Tarrant
County Appraisal District.
Adopted—February 5, 2013 2
Y
"Project" means a "Residential Project.' "CommerciallIndustrial Development
117
Project""Community Facility Development Project" "'Mixed-Use Development Project or a
Y Y
"Multi-family Development Project",
"Relal Property Improvements" — means a habitable structure as defined by, the Fort Worth
Build in Code.
"Reinvestment Zone" is an area designatedi as such by the City of' Fort Worth in accordance
with the Property Redevelopment and Tax Abatement Act codified in Chapter 312 of the Texas,
Tax Code, or an area designated as an enterprise zone pursuant to the Texas Enterprise Zone
Act, codified in Chapter 2303 of the Texas Government Code.
"Residential Project" —means less than 3 residential units.
111. MUNICIPAL PROPERTY TAX ABATEMENTS
A. RESIDENTIAL PROPERTIES LOCATED IN A NEZ- FULL ABATEMENT FOR 5
YEARS
1. For residential property purchased before NEZ designation, a homeowner shall be
eligible to apply for a tax abatement by meeting the following:
a. Property is owner-occupied and the primary residence of the homeowner prior to
the final NEZ delsiignatioln., Homeowner shall provide proof of ownership by a
warranty deed,, affidavit of heirship, or a probated will, and shall show proof olf
primary residence by homestead exemption; and
b. Property is rehabilitated after NEZ desilgnation and City Council approval of the
tax abatement;
c. Homeowner must perform Eligible Rehabilitation on the property after NEZ
designation equal to or in excess of 30�% of the Blase Value of the Real Property
Improvements; and
d. Property is not in a tax-deliinquent status when the abatement application is
submitted.
2". For residential property purchased after NEZ designation, a homeowner shall be
eligible to apply for a tax abatement by meeting the foll�lowing:
a. Real Property Improvements are constructed or rehabilitated after NEZ
designation and City Council approval of the tax abatement;
b. Property is owner-oiccu pied and is the primary residence of the homeowner.,
Homeowner shall provide proof of ownership by a warranty deed, affidavit of'
heirship, or a probated willY and shall show proof of primary residence by
homestead exemption;
c. For rehabilitated Real Property Improvements, Eligible Rehabilitation costs on
the Real Property Improvements shall be equal to or in excess of 301% of the
Blase Value of the Real Property Improvements. The seller or owner shall provide
the City information to support rehabilitation costs;
d. Property, is not in a tax-delinquent status when the abatement application is
submitted; and
Adopted—February 5, 20 13, 3
e., Property is in conformance with the City of Fort Worth Zoning, ordinance
however, a property, use that is l gall non conforming all not be eligible to
receive a tax abatement.
3. For investor owned single family property, an investor shall be elligib,lle to apply for a
tax abatement, by meeting the following:
a�. Real Property Improvements are constructed or rehabilitated after NEZ
designation and City Councill approval of the tax abatement-,
b. For rehabilitated Real Property Improvements,, E,l�igiibl�e Rehabilitation costs on
the Real Property Improvements shall be equal to or in excess of' 30% of the
Base Value of theR,eal Property Improvements,
c. Property is not in a tax-delinquent status when the abatement application is
submitted; and
d. Property is in coinaformance with the City of Fort Worth Zoning Ordinance.
I
B. MULTI-FAMILY DEVELOPMENT PROJECTS LOCATED IN A NEZ,
1. 100% Abatement for 5 years.,
If an app,licant applies for a tax abatement agreement with a term of five, years or
-less, this section shall
Abatements for multi-family development projects for up to 5 years, are subject to
i
City Council approval. The applicant may apply with the Housing and Economic
Development Department for such abatement.
In order to be eligible for a property tax abatement upon completion, a newly
constructed or rehabilitated multi family development project in a NEZ imu st satisfy
the following.-
At least twenty percent (20%) of the total units, constructed or
rehabilitated shall be affordable as defined by the U. S. Department of Housing
and Urban Development) and set aside to persons with incomes at or below
,eighty percent (80%,) of area median income, based on family size. City Council
may waive or reduce the 20% affordability requirement on a case-by-case basis.
In addition at least 5% of the total, units constructed or rehabilitated shall be
compliant with the Americans with Disability Act, (ADA) in accordance with
Section 504 of the Rehabilitation Act, and imu st be fully accessible and 2% of the
total units constructed must be fully accessible to persons with sensory
impairments; and
as For a multi-family development project constructed after NEZ designation, the
project must provide at least five (5) residential living units OR have a
minimum Capital Investment of$1,2010,000; or
(b) For a rehabilitation project, the Real Property Improvements must be
rehabilitated after NE,Z designation. Elligible Rehabilitation costs on the Real
Property Improvements shall be at least 30% of the Base Value of the Real
Property Improvements. Such Eligible Rehabilitation costs must come from
the rehabilitation of at least five (5) residential living units or a m�in:imum
Capital Investment of$,200,0100.
Adopted—February 5, 2 013 4
2. 1%-10101% Abatement of City ' Valorem taxes up to 10 ears
If an applicant applies for a tax abatement agreement with a term of more than five,
years, this section shall
Abatements for multi family development projects, for up to 10 years are subject to
City Counlciil approval'. The applicant may apply with the Housing and Economic
Development Department for such abatement.
Years 1 throu gh 5 of the Tax,Abatement Agreement
Multi-family projects shall be eligibille for 1001% abatement of City ad valorem taxes
for years one through five of the Tax Abatement Agreement upon the satisfaction of
the following-.
At least twenty percent (20%) of the total units constructed or rehabilitated shall
be affordable as defined by the U. S. Department of Housing and Urban
Development) and set aside, to persons with incomes at or below eighty percent
(80%) of area median income based on family size., City Council may waive or
reduce the, 20% afforda bill ity requirement on a case-by-case basis. In addition at
least, 5% of the total units constructed or rehlabilitated shall be compliant with the
Americans with Disability Act (ADA) in accordance with Section 504, of' the
Rehabilitation Act, and must be fully accessible and 2% of the total units
constructed must be fully accessible to persons with sensory impairments; and
a. For a multi-family devellolpment project constructed after NEZ designation, the
project must provide at least five (5), residential living: units OR have a
minilmum Caplital Investment of$200,000- or
b. For a rehabilitation Project, the Real Property Improvements must be
rehabilitated after NEZ designation. Eligible Rehabilitation costs on the Real
Property Improvements shall be at least 30% of the Base Value of the Real
Property Improvements., Such Eligible Rehabilitation costs must come, from
the rehabilitation of at least five (5), residential living units or a minimum,
Capital Investment of$200,000..
Years 6 throe g h 10 of the Tax Abatement Agreement
Multi-family projects shall be eligible for a 1%-100% abatement of City ad valorem,
taxes for years six through ten of the Tax Abatement Agreement upon the
satisfaction of the following-,
a. At least twenty percent (20%) of the total units constructed or rehabilitated shall
be affordable as defined by the U. S. Department of Housing and Urban
Development) ands set aside to persons with incomes at or below eighty percent
(80%) of area median income biased on family,size. In addition at least 5%, of the
total units constructed or rehabilitated shall be compliant,with the Americans with
Disability Act (ADA) in accordance with Section 504 of the Rehabilitation Act? and
must, be fully accessibile and 21% of the total units constructed must be fully
alccessi�b:le to persons with sensory impairments. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis- and
Adopted—February 5, 2 013 5
1. For a multi-family development project constructed after NE Z designation, the
project must provide at least five (5) residential living units, OR have a
minimum Capital Investment of$200,000; or
2. For a rehabilitation project, the Real Property Improvements, must be
rehabilitated after NE,Z dels,ignatio,n�. Eligiible Rehabilitation costs on the Real
Property Improvements shall be at least 301% of the Base Value of the Real
Property Improvements. Such Eligible Rehabilitation costs must come from
the rehabilitation of at least five (5) residential living units or a minimum
Capital' Investment of$200,000.
b. Any other terms, as City Council of the City of' Fort Worth deems, appropriate,
including, but not limited to:
1. utilization of Fort Worth companies for an agreed upon percentage of the total
costs for construction contracts,
2. utilization of certified minority and women owned business enterprises for an
agreed upon percentage of-the total costs for construction contracts;
3. property inspection;
4. commit to hire an agreed upon percentage of Fort Worth residents,
5. commit to hire an agreed upon percentage of Central City residents
6. landscaping;
7. tenant selection plans; and
8. management plans.
C. COMMERCIAL, INDUSTRIAL AND COMMUNITY FACILITIES DEVELOPMENT
PROJECTS LOCATED IN A NEZ
1. 100% Abatement of Cit Ad Valorem taxes for 51, S
If an ap -rive years or
p1l.gant apolies, for a tax abatement agreement with a term of
less, this section shall l I
Abatements for Com nerd all Industrial, and Community Facilities Development
Projects for up to 5 years are subject to, City Council approval'. The applicant may
apply with the Housing and Economic Development Department for such abatement.
In order to be eligible for a property tax abatement, a newly constructed or
rehabilitated commercial/induserial and community facilities development project in a
NEZ must satisfy the fol'lowing:
a. A commercial, 'industrial or a community facilities development project
constructed after NEZ designation, must have a minimum Capiitall Investment of
$75,000; or
b. For a rehabilitation project, it must be rehabilitated after NEZ designation. Eligible
Rehabilitation costs on the Real Property Improvements shall be at least 30% of
s
the Base Value of' the Real Property Improvements,, or $751,0100, whichever i
greater.
2., 1%1-1010,% AbatemientofCit Ad Valorem taxes ug to 10, ears
If an ar)r)licant applies for a tax abatiemign eem,e:nt with a term of more than five
years, this section shall
Adopted—February 5, 2013 61
Abatements agreements for a Commercial, Industrial and Community Facilities
Development projects for up to 10, years are subject to City Council approval. Thiel
applicant may apply with the Housing and Economic Development Department for
such abatement.
Years, 1 throuO 5 of the Tax Abatement Agreement
Commercial, Indus-trial and Community Facilities Development projects, shall be
eligible, for 100%, abatement of City ad valorem, taxes for the first five years of the
Tax Abatement Agreement upon the satisfaction of the following.-
a. A commercial, industrial or a community facilities development project
constructed after NEE designation must have a minimum Capital Investment of
$75,000; or
b. For a rehabilitation project, it must be rehabilitated after N� EZ designation. Eligible
Rehabilitation costs on the Real Property Improvements shall be at least 30%, of
the Base Value of the Real Property Improvements, or $x"5,0001, whichever is
greater.
Years 61 throu Lh 10 of the Tax Abatement Agreement
Commercial, Industrial and Community Facilities Development projects shall be
eligible for 1%-100% abatement of' City ad valorem taxes for years six through ten of
the Tax Abatement Agreement upon the satisfaction of the following-.
a. A commercial, industrial or a community facilities development project
constructed after NEB designation must have a minimum Capital
Investment of $75,00lO and must meet the requirements of subsection (c)
below ; or
bl. For a rehabilitation project, it must be rehablilitated after NEZ designation.
Eligible Rehabilitation costs on the Real Property Improvements shall be
at least 310%, of the Base Value of the Real Property Improvements, or
$x"51,000, whichever is greater and meet the requirements of subsection
(c) below.,
c. Any other terms as City Council of the City of Fort, Worth deems
appropriate, including, but, not limited to
1. utilization of Fort Worth companies for an agreed upon percentage; of
the total costs for construction contracts;
2. utilization of'certified' minority and women, ownedi business enterprises
for an agreed upon percentage of the total costs for construction
contracts;'
3. commit to hire an agreed upon percentage of Fort Worth, residents-,
4. commit to hire an agreed upon, percentage of Central City residents;
and
5l.l landscaping.
Adopted—February 5, 2 013, 7
V%
U. MIXED-'US E DEVELOPMENTPROJECTS' LOCATED IN A N,EZ
1 10,01% Abatement of it Ad Valorem taxes for 51 years,
If an 2pplicant applies, for a tax abatement a relement with a term of five
less, this section shall _years or
Abatements for Mixed-Use, Development Projects for up to, 5 years are subject to
City Council approval. The applicant may apply with the Housing and Economic
Development Department for such abatement.
In order to be eligible for a property tax abatement, upon completion, a newly
constructed or rehabilitated mixed-use development project in a NEZ must satisfy the
following-,
a. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project. At least twenty percent (201%) of the total units
constructed or rehabilitated shall be affordable as defined by the U. S.
Department of Housing and Urban Development) and set aside to persons with
incomes at or below eighty percent (80%) of area median income based on
family size. In addition, at least 5% of the total units constructed or rehabilitated
shall be compliant with the Americans with Disability Act (ADA) in accordance
with Section 504 of the Rehabilitation Act, and must be fully accessible and 2%
of the total units constructed must be fully accessible to persons with sensory
impairments,; and
b. Office, eating and entertainment, and/or retail sales and service uses in the
project, constitute 10 percent or more of the total Gross Floor Area of the project#,
and
(1) A mixed-use development project constructed after NEZ designation must
have a minimum Capital Investment of'$200,000; or
(2) For a rehabilitation project, it must be rehabilitated after NEZ designation.
Eligible Rehabilitation costs on the Real Property Improvements shall be at
least 30% of the Base Value of' the Real Property Improvements, or
$1200,000, whichever is greater.
2., 1%-100% Abatement of City Ad Valorem taxes up to 10 ears
If an applican,t-applies for a tax abatement agre,ement with a term of more than five
mars, this section shall
Abatements agreements, for a Mixed Use Development projects for up to 10 years
are subject to City Council approval. The applicant may apply with the Housing and
Economic Development Department for such abatement.
Years 1 through, 5 of the Tax Abaterneint A
regiment
Mixed Mixed Use Development projects shall be eligible for 1010% abatement of City ad
valorem taxes for the first five, years of the Tax Abatement Agreement upon the
satisfaction of the following:
Adopted— February 5, 2 013 8
C1. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project. At least twenty percent (20%) of' the total units
constructed or rehabilitated shall be affordable (as defined by the U. S.
Department of Housing and Urban Development) and set aside, to persons with
incomes at or below eighty percent 0%,) of area medlian income based on
familly size. In addition at least 5% of the total units constructed or rehabilitated
shall be comp lip,int with the Americans with Disability Act (A DA) in accordance
with Section 504 of the Rehabilitation Act, and must be fully accessible and 2%
of the total units constructed must be fully accessible to persons with sensory
impairments; and
b. Office, eating and entertainment, and/or retail sales, and service uses, in the
project constitute 10 percent or more of the tota,l, Gross, Floor Area of the project;
and,
c. A new mixed-use development project constructed after NEZ, designation must
have a minimum Capital Investment of' $200,0100; or for a rehabilitation, project, it
must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the
Real Property, Improvements shall be at least 301% of the Base Value of the Real
Property Improvements, or$200,0Oo, whichever is greater.
Fears 6 throe 10 of the Tax Abatement Agreement
Mixed Use Development projects shall be eligible for 1-100% abatement of City ad
valorem taxes for years six through ten of the Tax Abatement Agreement upon the
satisfaction of the following,*
a. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project;, At least twenty percent (20%) of the total: units
constructed or rehabilitated shall be affordable as defined by the U. S.
Department of Housing and Urban Development) and set aside to persons with
incomes at or below eighty percent 1(80%) of area median income based on
family size. In addition at least 5% of the total units constructed or rehabilitated
shall be compliant with the Americans with Disability Act (ADA) in accordance
with Section 504 of the rehabilitation Act,, and must, be fully accessible and 2%
of the total, units, constructed must be fully accessible to persons with sensory
impairments; and
bi. Office, eating and entertainment, and/or retail sales and service uses in the
project constitute 10 percent or more of the total Gross Floor Area of the project;
c. A new mixed-use development project constructed after NEZ designation must
have a minimum Capital Investment of $200,000; or for a rehabilitation project, it
must be rehabilitated after NEZ designation.. Eligible Rehabilitation costs on the
Real Property Improvements shall be at least 30%, of the Base Value of the Real
Property Improvements, or$200,000, whichever, is greater; and
d. Any other terms as City Council of the City of Fort Worth deems appropriate,
including, but not limited to
Adopted—February 5, 20113 9
1- utilization of Fort Worth companies for an agreed upon percentage of the
total costs for construction contracts;
2. utilization of certified; minority and women owned business enter rise for
an agreed upon percentage of the total costs,for construction contracts,
3. property inspection;
4. commit to hire an agreed upon percentage of Fort Worth residents
5. commit to hire an agreed upon percentage of Central City residents
6. landscaping,;
7. tenant selection plan&l and
8. management plans.
E. ABATEMENT GUIDELINES
1 If a NE,Z is located, in a Tax Increment Financing District, City Council will determine
on a case-by-case basis if the tax abatement incentives in Section III will be offered
to eligible Projects. Eligible Projects, must meet all leligibility requirements specified
in Section Ill.
2. A tax abatement shall, not be granted for any development project in which a
building permit application, excluding grading, and/or demolition, has been filed with
the City's s Planning and Development Department. In addition, the City will, not ablate
taxes on the value of real or personal, property for any period of time prior to the year
of execution of a Tax Abatement Agreement with the City.
3. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in
order to be considered "eligible" to apply, for a tax abatement under this Policy, the,
Woodhaven Community Development Corporation and the Woodhaven
Neighborhood Association must have sub fitted a letter of support, for the Project to
the City of Fort Worth
4. Tax Abatements for a new construction project will automatically terminate two
years after Council approval of the tax abatement if a building permit has not been
pulled and a foundation has not been poured.
5. Tax Abatements for a rehabilitation project will automatically terminate two years
after Council approval of the tax abatement if the project, is not complete.
6. In order to be eligible to apply for a tax abatement, the property, owner/develloper
must.*
a. Not be delinquent in paying property taxes for any property owned by the
owner/developer, except that an owner/developer may enter into a tax
abatement agreement with the city of Fort Worth for a specific Project if,.
1. the Project meets NEZ tax abatement criteria, and
2. the applicant is not responsible for the tax delinquency for the Property* and
3. the applicant enters into an agreement to pay off the taxes under the
guidelines permitted, under state law; and
4. the tax abatement shall provide that the agreement shall take effect after the
delinquent taxes are paid in full
Adopted—Febr-uary 5, 2 013 10
b. Not have any City of Fort Worth liens filed against any property owned by the
applicant property owner/dieve,liolper. "Liens" include, but are not limited, to, weed
liens, demolition liens, board-up/open structure liens and paving liens.
7. Projects to be constructed on property to be purchased under a contract for deed
are not eligible for tax abatements.
8. Once a NEZ property owner of a residential property (including multi'-family) in the
NEZ, satisfies the criteria set forth in Sections 111A E.1. and E.2. and applies for an
abatement, a property owner may enter into a tax abatement agreement with the City
of Fort Worth. The tax abatement agreement shall automatically terminate if the
property subject to the tax abatement, agreement is in violation of the City of Fort
Worth's Minimum Building Standards Code and the owner is convicted of such
violation.
9. A tax abatement granted under the criteria set forth in Section Ill. can only be granted
once for a property in a NE,Z for a maximum term of as specified in the agreement. If
a property on which tax is being abated is sold, the City may assign the tax
abatement agreement for the remaining term once the new owner submits an
application so long as the new owner complies with all of the terms of the tax
abatement a,greement.8 A property owner/developer of a multifamily development,
commercial, industrial,, community facilities and mixed-use development project in
the NE Z who desires a tax abatement under Sections 1111.13, C or D must,-.
a. Satisfy the criteria set forth in Sections 111.13, C or D, as applicable, and Sections
III.E.1 E.2; and E3. and
b. F'ile an application with the Housing and Economic Development, Department, as
applicabile; and
c. The property owner must enter into a tax abatement agreement with the City of
Fort Worth. In addition, to the other terms of agreement,, the tax abatement
agreement shall provide -that the agreement shall automatically terminate if the
owner receives, one conviction of a violation of the City of Fort Worth,'s Minimum
Building Standards, Code regarding the property subject to the abatement
agreement during the term of the tax abatement agreement; and
d. If a property in the NiEZ on which tax is baling abated is sold, the new owner may
enter into a tax abatement agreement on the property for the remaining: term.,
101. If the terms of the tax abatement agreement are not met, the City Council has 'the
right to cancel, or amend the abatement agreement. In the event of cancellation, the
recapture of abated taxes shall be limited to the year(s) in which the default occurred
or continued.
11. The terms of the agreement shall include the City of Fort Worth's right to (1) review
and verify the applicant's financial statements in each year during the life of the
agreement prior to granting a tax abatement, in any given year, (2) conduct an on site
inspection of the project in each year during the life of the abatement to verify
comp,li,an:ce with, the terms of the tax abatement agreement, (3) terminate the
agreement if the Project contains or will contain a s,exua�lly oriented business (4
terminate the agreement, as determined in City's sole discretion,, if the Project
contains or will contain a liquor store or package store.
Adopted—Feb-ruary 5, 2013
12. Upon completion, of construction of the facilities, the City shall no less than annually
evaluate each project receiving abatement to insure compliance with the terms of the
agreement. Any incidents of non-compliance will be reported to the City Colunci,l.
On or before February 1st of every year during the life of the agreement, any
individua,l or entity receiving a tax abatement from the City of Fort Worth shall
provide 'information and documentation, which details the property owner 11 s
compliance with, the terms of the respective agreement and shall certify that the
owner is in compliance with each applicable term of the, agreement. Failure to report
this Information and to provide the required certification by the above deadline shall
result in cancellation of agreement and any taxes abated in the prior year being due
and payable.
13. If a property in the NIEZ on which tax is being abated is sold, the new owner may
enter into a tax abatement agreement on the property for the remaining term. Any
sale, assignment or lease of the property which is not permitted in the tax abatement
agreement results in automatic cancellation of the agreement and recapture of any
taxes abated after the date on whlich an unspecified assignment occurred.
R APPLICATIONFEE
1,., An application fee of$25.00 for all basic incentives, excluding tax abatements.
2. The application fee for residential tax abatements governed under, Section IILA Is
$100.
3. The application fee for multi-family, commercial,, industrial, community facilities, and
mixed-use development projects governed under Sections III.B., C. and D., is one-
half of one percent (0.5%) of the proposed Project's, Capital, Investment, with a $200
minimum not to exceed $2,000. The Application Fee shall not be credited or
refunded to any party for any reason.
IV. FEE WAIVERS
A. ELIGIBLE RECIPIENTSIPROPIERTIES
1. City Council shall determine on a case-by-case basis whether a Project that will
contain or contains a liquor store, or package More is eligible to apply for a fee
waiver.
2. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order
to, be considered "eligi�ble" to apply for a fee waiver under this Policy, the Woodhaven
Community Development Corporation and the Woodhaven Neighborhood
Association must have submitted a letter of support for the Project to the City of Fort
'Worth howeveir, once the NEZ Plain is submitted for the Woodhaven NEZ, this will
no longer be required.3. Projects to be constructed on property to be purchased
under a contract for deed are not eligible for development fee waivers.
3. In order for a property owner/developer to be eligible to apply for fee waivers for a
Project, the property owner/developer:
Adopted—February 5, 2 01].3 12
a. must submit an application to the City,
b. must not be delinquent in paying property taxes for any property owned by the
owner/developer or appllcant-
c. must not have any City liens filed agiaiiin,st any property owned by the applicant
property
newel r, including but not limited to,, weed liens, derriolition
liens, boards /open structure liens and paving liens--, and
d,. of a Project that will contain or contains a liquor store,, package store or a sexually
oriented business has received City Council's determination that the Project is
eligible to apply for fee waivers.
Approval of the ap I
q[ication, and waiver of' the fees all not be deemed to be
approval of any aspect of the Er—olect. Before construction, the applicant must
ensure that the project is located in the correct zonin-q. district.
B. DEVELOPMENT FEES
1 Once the Application for NEZ Incentives has been approved and certified by the City, the
f'oll'lowing fees for services rf'ormed by the fit�y of Fort Worth for Projects, in the NEZ
are waived for new construction projects or rehabilitation projects that expend at least
30%, of the Base Value of the Real Property Improvements on Eligible Rehabilitation
costs:
a) All Building Perm,it, related Fees (including P'lans Review and Inspections) except as,
stated in I,V B. 2. below,
b) Plat Application Fee! (including Concept Plan,, Preliminary Plat, Final Plat, Short Form
Rebut)
c), our of Adjustment Application Fee
d) Demolition fee
e) Structure Moving Fee
f) Community Facilities Agreement (CFA,),Application Fee
g) Zoning Application Fee
h) Street and Utility Easement Vacation Application Fee
1) Ordinance Inspection Fees
j) Consent/Encroachment Agreement Application, Fees
k) Transportation, Impact Fees
1) Urban Forestry Application Fees
m) Sign Permit Fees
2. If a permit or application listed in B (1) is expired, the fee to reactivatel renew or reapply
shall, not be waived. In addition
penalties and extension fees or re-permitting fees will
not be waived.
31, Neighborhood Empowerment Zone Fees, not waived or reduced.
a.) Investigation Fees
b.) Plan Revision Fees
c.) Change of Record, Fees
d.) Inspection outside of normal business hours RBins pection Fee
e.) Annual Fire Inspection Fees
Adopted,— February 5, 2 013 13
4. Other development related fees not specified above, will be considered for approval, by
City Council on a case-by-case basis.
C. IMPACT PEES,
1. Single family and multi-family residential development projects in the NEZ.
Automatic 100% waiver of water and wastewater impact fees will be applied.
2. Commercial, industrial, rnixeld-use, or community facility development projects in the
NEZ.
a. Automatic 100% waiver of water and wastewater impact fees up to $5,51,000, or
equivalent to two, 61-inch,: meters, for each commercial, industrial, mixed-use or
community facility development project; whichever is less.
b. If the project requests an impact, fee waiver exceeding $55,000 or requesting a
waiver for larger and/or more than two 6-inch meter exceeding $55,000, then City
Council approval is required. Applicant may request the additional amount of
impact fee waiver through, the Planning and Development Department.
V. RELEASE OF CITY LIENS
A., ELIGIBLE RECIPIENTS/PROPERTIES
1. Project must be located in a NEZ.,
2. City Council shall determine on a, case-by-case basis whether a Project that will
contain or contains a liquor store or package store is eligible to receive a release of
City liens.
3, If a, Project is located in the Woodhaven Neighborhood, Empowerment Zone, in order
to be considered "elig,ible"' to apply for release of city liens under this Policy, the
Woodhaven Community Development, Corporation and the Woodhaven
Neighborhood Association must have submitted a letter of support for the Project to
the City of Fort,Worth.
4. Projects to be constructed on property to be purchased under a contract for deed are
not eligible for any release of City Liens.
5. In order for a, property owner/developer to be eligible to apply for a release of city
liens, contained in Section V.B., C., D., and E. for a Project, the property
owner/d'eveloper:
a. must submit an application to the City;
b. must not be delinquent in paying property,taxes for any property owned by the
owner/developer,
c. must not have been subject to a Building Standards Commission s, Order, of
Demolition where the property was demolished within the last five (5) years;
d:. must not have any City of Fort Worth liens -filed against any other property owned
by the applicant property owner/developer. "Liens" includes, but is not limited to,
weed liens, demolition liens, board-up/oplen structure liens, and paving, liens" and
Adopted —February 5, 2013 14
e. of a Project that contains or will contain a liquor store, package store or a sexua�lly
oriented business has received City Council's determination the P iect is, eligible
to receive a release of City liens. 170]
6. In order for a Rehabilitation Project to qualify for a release of city liens, the
owner/developer must spend, Elig,iblie Rehabilitation costs, on the Property, of at least
30% of the Base Value of the Property.
7. Liens listed in this Policy shall be released once the Project Improvements have been
made to the property.
8. Any liens filed after the iniltial certification of the property shall not be released'.
B. WEED LIENS
�rhe fol�lowing are eligible to appily for rellease of weed liens:
1. ,dingle unit owners, performing rehabilitation on their properties.
2. Builders or developers constructing new homes on vacant lots.
3. Owners Performing rehabilitation on multi-farnily, commercial, industrial, mixed-use,
or community facility properties.
4. Developers constructing new multi-fancily,, commercial, industrial, mixed-use or
community facility development projects.
C. DEMOLITION LIENS
Builders or developers developing or rehabilitating a property for a Project are eligible to
apply for release of demolition liens for up to $,30,,000. Releases of demolition liens in
excess of$30,000 are subject to City Council approval.
D. BOARD-UP/OPEN, STRUCTURE LIENS
The following are eligible to apply for release of herd-up/open structure liens:
1. Single unit owners performing rehabilitation on their properties.
2. Builders or developers, constructing new single family homes on vacant lots.
3. Owners performing rehabilitation on multi-family, commercial, industrial, mixed-use,
or community facility properties.
4. Developers constructing multi-family, commercial, industrial, mixed-use, or
community facility projectsi,
E. PAVING LIENS
The,foillowing are eligible, to apply for release of paving liens,*
1. Single unit owners performing rehabilitation on their properties.
2. Builders or developers constructing new homes on vacant lots.
3. Owners performing rehabilitation on multi-family, commercial, industrial, mixed-use,
or corr�wmiunity facility properties.
Adopted—February 5, 2 013 15
4. Developers constructing multi-family, commerciall, industrial, mixed-use, or
community facility projects.,
F. All other City liens will not be waived.
VI. PROCEDURAL STEPS
Am, APPLICATION SUBMISSION
1. The applicant for I incentives under Sections III,. IV., and V. must complete and
submit a City of Fort Worth "Application for NE,Z Incentives," ands pay the appropriate,
application fee to the Planning and Development Department, as applicable.
2. The applicant for incentives under Sections III.C.2 and D.2 must also complete and
submit a City of Fort,Worth "Application for Tax Abatement" and pay the appropriate
application fee to the Housing and Economic Development Department. The
application fee, review, evaluation and approval will be governed by City of Fort
Worth Tax Abatement Policy Statement for Qualifying Development, Projects.
3. All NE,Z certifications for incentives, will expire after five years.
4. NEZ benefits will continue for certified projects (18) eighteen months after a NE Z is
terminated or the HE Z boundary changed.
Bi. CERTIFICATIONS FOR APPLICATIONS UNDER SECTIONS 111. IV, AND V
1. The Planning and Development Department will review the application for accuracy
and completeness., A complete application must include proof that:
1. The Project is located in a NEZ,
2. The Public Notification Process has been completed as stated in section IX;
3. The project is in compliance with the adopted NEZ plan, and
4. The Council Member for the district in which the project is located has approved the
project.,
Once the Planning and Development Department determines that the application is
complete, the Planning and Development Department wi,lil, certify the property
ownear/developer's eligibility to receive tax abatements and/or basic incentives based on
the criteria set forth in Section Ill, IV., and V. of this policy, as applicable. Once an
applicant's eligibility is certified, the Planning and Development Department will inform
appropriate departments administering the incentives., An orientation meeting with City
departments and the applicant may be scheduled. The departments include.-
a. Housing and Economic Development Department: property tax abatement for
residential properties and multi-family development projects, release of City liens.,
b. Housing and Economic Development Department: property tax abatement for
commercial, industrial, community facilities or mixed-use development projects.
c. Planning and Development Department- development fee waivers, and release of
City liens.
d. Water Department: impact fee waivers.
e. Other appropriate departments, if applicable.
Adopted—Febiruary 5, 2 013 16
APPLICATION REVIEW AND EVALUATION FOR APPLICATIONS
1,. Property Tax Abatement for Residential Properties and Multi-faoily Development
Projects
a. For a completed and' certified application for no more than five years of tax
abatement, with Council approval, the City Manager shall execute a tax
abatement agreement with the applicant.
b. For a completed and certified miulti-fa ail y development project application for
more than five years of tax abatement,
(1) The Housing and Economic Development Department will evaluate a
completed and certified application based on:
(a) The project's increase in the value, of the tax base.
(b) Costs to the City (such as infrastructure participation, etc.).
(c), Percent of construction contracts committed to.-
(ii) Fort Worth based firms, and
(ii) Minority and Women Owned Business Enterprises (M/WBEs).
(d) Other items which the City and the applicant may negotiate.
(3) Consideration by the City Council
The City Council retains sole authority to approve or deny any tax abatement
agreement and is under no obligation to approve any tax abatement
application or tax abatement agreement. The City of Fort Worth is under no
obligation to provide tax abatement, in any amount or value to any applicant.
c. Effective Date for Approved Agreements
All tax abatements, approved by the City Council will, become, effective on
January 1 of the year following the year in which a Certificate of Occupancy (CO)
is s issued for the qualifying development project (unless otherwise specified in the
tax abatement agreement). Unless otherwise specified in the agreement, taxes,
levied during the construction of the project shall be due and, playable.
2. Property fax Abatement for Commercial, Industrial, Community Facilities,, and
Mixed-Use Development Projects
a. For a completed and certified application for no more than five years of tax
abatement, with Council, approval, the City Manager shall, execute a tax
abatement agreement with the applicant.
b. For a completed and certified application for more than five years of tax
abatement:
(1) The Housing and Economic, Development Department will evaluate a
completed, and certified application based on,.-
(a), The project's increase in the value of the tax base.
(bi) Costs to the City (such as infrastructure participation, etc.).
(c) Percent of construction contracts committed to:
(i), Fort Worth based, firms,, and
(ii) Minority and Women, owned Business Enterprises (M/\/VBEs),.
Adopted—February 5, 2013 17
(d) Other items which the City and the appllicant may negotiate.
(2) Consideration by the City Council
The City Council retains sole authority to approve or deny any tax abatement
agreement and is under no obligation to approve any tax abatement
application or tax abatement agreement. The City of Fort Worth is under no
obligation to p
I irovide tax abatement in any amount or value to any applicant.
c. Effective, Date for Approved Agreements
All tax abatements approved by the City Council will become effective on
January 1 of the year following the year in which a Certificate of Occupancy'(,CO)
is issued for the qualifying dlevel�o ment project (unless otherwise specified in the
tax abatement agreement). Unless otherwise specified in the agreement, taxes
levied during the construction of the project shall be due and payable.,
3. Development Fee Waivers
a. For certified applications of development fee wafivers that do not require Council
approval,, the Planning and Development Department will rev,ielw the certified
applicant's application and grant aippropriate incentives.
b. For certified applications of development fee waivers that require Council
approval, City staff will review the certified applicant)s application and make
appropriate recommendations to the City Council.
4. Impact Fee Waiver
a. For certified appilicatioinis, of impact fee waivers that do not require Council
approval,, the Water Department will review the certified applicant's applica-tion
and grant appropriate incentives.
b. For certified applications of impact fee waivers that require Council approval, the
Water Department will review the certified applicant's application and make
appropriate recommendations to the City Council.
5, Release of City L,iens
For certified applications of release of City liens, the Housing and Economic
Development Department wi,lil release the appropriate liens on NEZ tax abatement
applicants., The Planning & Development Department will release liens on N basic
incentives appl,icants.
V1 I REFUND POLICY
In order for an owner/developer of a Project in a NEZ to receive a refund of development
fees or impact fees, the conditions set forth in the, Refund of Development and Impact
Fee Policy, attached as Attachment"A"y must be satisfied.
V11141 OTHER INCENTIVES
A. The City, Council, may add the following incentives ncentives, to a NEZ in the Resolution adopting
the NEZ:
Adopted—February 5,1 2013 18
1- Municipal, sales tax refund
2. Homebuyers assistance
3. Gap financing
4. Land assembly
5. Conveyance of tax foreclosure properties
6. Infrastructure improvements
7'. Support for Low Income Housing Tax Credit (LIHTC) applications
8. Land use Incentives and zoni'ng/building code exemptions, e.g., m,ixed-use, density
bonus, parking exemption
9. Tax Increment FinIanicing (TI F)
10. Public Improvement District (PID)
11. Tax-exempt bond financing
12. New Model Blocks
13. Loan guarantees
14. Equity investments
15,. Other incentives that will effectuate the intent and purposes of NEZ.
Ix. PubliI Notification
a. Subject to, subsection (b), in order for an owner/develop�er to apply to receive any
Incentives provided for under the NEZ 'Tax1 Abatement, Pollicy and Basic Incentives,
an owner/developer must meet with the following persons, and organizations to
discuss the Projecto
1. the Council Member for the District the Project is located, and
2. the neighborhood associations or community based organizations registered
with the city that are within 3010 feet of the proposed Project. The
measurement of the distance between the proposed project and Neighborhood
Associations or Community Based Organizations, shall be along the property
lines of the street fronts and from front door to front door, and in direct line
across, the intersections.
b. Subsection (a): shall be satisfied upon*
1,. the owner/developer meeting, with the City Council Member for the District the
Project is located, and the neighborhood associations or community based
organizations registered with the city that are within 300 feet of the proposed
Project; or
2. meeting with the City Council Member for the District the Project, is located and
upon the owner/developer providing proof that the owin er/delveloper attempted,
to meet with the neighborhood associations and 'the community based
organizations registered with the city within 300 feet of where the proposed
Project is located and the associations or organizations failled to arrange a
meeting with the owner/developer within two weeks of initial contact.,
c. Accepted proof of it attempts to meet with the registered, organizations will be
satisfied with the following*.
1. a copy of a certified letter sent to the registered organization describing the
project and requesting a meleting and the green card from the post office; or
2. a copy of the e-mail sent to the registered organization describing the project
and requesting, a meeting: and the response from the organization.
Adopted—Feb-ruary 5, 2 013 19
X el iqU+ P'r20 Lects
The following Projects or Businesses, shall not be eligible for any incentives under the C,ity' of
Fort Worth's, Neighborhood Empowerment Zone (1) Tax Abatement Policy and Basic
Incentives-.
1. Sexually Oriented Bus,inesises
2. Non-residential mobile structures
X . De d Appfications
a. N applications will be denied 30 days after submission 'if all required
documentation is not received by the City.
b. The applicant will have 90 days after the date of de,nial to resubmit the NEZ
application without paying a new appilication fee.
Adopted—February 5, 2 013 20
ATTACHMENT A
REFUND OF DEVELOPMENT AND IMPACT FEES POLICY
Purpose
This refund policy is for the purpose of establishing the conditions under which the City
�
may refund development and 'impact fees, normally waived through the Neighborhood
Empowerment Zone (NEZ).
01
Applicabl"I"Ity
Unless expressly accepted, this policy applies to all, development and impact fees
waived by the City through the NEZ.
Under the NEZ Tax Abatement Policy and Basic Incentives, City Departments are
authorized to waive 'impact and development fees for qualified projects located in a
designated NEZ,. The impact fees include only water and sewer impact fees, up to,
$55,000, for commercial, industrial, mixed-use or community facilities, p,roj,ec,ts. The
development fees that can be waiived through the NEZ include:
1. All building permit fees (including Plans Review and Inspections)
2. Plat application fee (including concept plan, preliminary plat, final plat, short form
replat)
3. Board of'Adjustment application fee
4. Demolition feel
5. Structure moving fee
6. Community Facilities Agreement (CFA) application fee
7. Zoning application fee
8. Street and utility easement vacation application fee.
To take advantage of these waivers, applicants need to obtain a cert,ifi,cation, letter from
the Planning and Development Department.
Conditions for Refunds
The City will consider refunds only when circumstances beyond the developers control
prevent them from obtaining the qualification letter from, the Planning, and Development
Department.,
A property owner and/or developer may qualify for a refund if'the proposed
development project meets all criteria, to receive a fee waiver under the NEZ Tax
Abatement and Basic Incentives Policy and.-
a. The owner and/or developer was not made aware of the NEZ incentives at the
time the fees were paid; or
b. The owner annd/or developer,was mistakenly told that his/her property was not in
a designated NEZ; or
Adopted—February 5,, 2013 21
c. The owner and/or developer has put funds in an escrow account with a Ci1ty
Department while awaiting a decision from the City Council about his/her projecto,
or
d. City Council authorizes a City Department to issue l a refund to the
owner/developer.
Refund Charge
A refund charge will be assessed to help defray administration cost associated with the
processing of refund check. The, charge shall be 20%, of the amlount of the refund. This
charge will be automatically deducted from the total refund amount.
Statute of Ulmitati"ons,
Any request, action, or proceeding concerning the refund of fees normally waived
through the NEZ must be filed within ninety days following the date that the fee's were
paid. An applicant who does not submit a refund request within 90 days of the
transaction shall not qualify for a refund.
To obtain a refund the applicant needs,to:
submit a NEZ application to the Planning and Development Department for
determination of the eligibility for NEZ fee waivers,, and
submit a written request to the Department in which the fees were paid. Upon
receiving a confirmation from the Plane ing and Development Department that the
project meets all NEZ fee waiiver criteria, that Department shall process the request
based on the qualifications discussed in this policy.
.0
Exemptio ns
The provisions of this policy do, not appily to:
a. Fees that are not waived through the NEZ program, and
b. Taxes, and special assessments; and
C. City liens such as millowing, hoard upl, trash, demolition and paving liens.
An applicant shall not qualify for any refund if:
a. The applicant was, made aware of the NEZ incentives before he/she pays the
fees; or
b. The applicant doles not meet the requirements for NEZ Incentives at the time
he/she paid the fees; or
c. The applicant plaid the fees before the refund policy was put in, place; or
d. The applicant paid the fees, before the designation date of the NEZ,.
DI"sclaimer
in the event of any conflict between the City's ordinances or regulations, and this policy,
such ordinances or regulations shall control. In the event of any conflict between this
Adopted-February 5, 20 13 22
policy and other policies or re tions adopted by the City Department issuing the
refund, such department policies or regulations shall control. The City reserves the right
to deny any or all request for refunds.
A ed- February 5, 2 013 23
Exhl*bl*t 112,"
Property Deseri*pfion
2732 Sandag,e Avenue, Block 9 Lot 9, Frisco Heights Addition, 'in the City of Fort Worth, Tarrant
County, Texas, and as shown on the Plat recorded in Volume 2014A, Page 9:6, Deed Records, Tarrant
County, Texas.
E-sxhibit 3
FORT WORTH IV 0 0
Application No.,
CITY OF FOR WORTH'
NEIGHBORHOOD EMPOWERMENT ZONE, (NEZ PROGRAM
VR0-IFC_"r CERTIFICATION-APPLICATION
I. APPLICA'nON CHECK LIST I'leusesubmit the following docuinentation,
A completed application form
A list of all properties owned by the applicant,owner,developer, associatcs. principals, partners,and agents
in the City Fort, Worth:
Non Refundable Application, ree— For all Basic Incentives applications excluding J`ax Abatement the
�ipplication fee is $25.00. For multifamily', commercial. 'Industrial, commercial facilities, and mixed-use tax
abatement applications: 0.5%of the total Capital Investment or the project, with a$1200.00 minimum and
not to,exceed$12,000.00: For residiential tax abatement applications., $100.00 per house.
El Proof of ownershilp,such as a warrant y deed. affidavit of heirship, or a probated will OR evidence of site
control,such as option to buy (A registered warranty deed Is required for tax abatement application.)
'Fitle abstract of the property (only if applying for release of City liens)
A reduced I I x 17 floor plan, site plan, and site elevation with
a writien detailed project description that includes a construction time line
A detailed line 'Item bLidg,et showing the cost breakdown for the project
Copy of Incorporation Papers noting all principals, partners,and agents if applicable
Required- Meet with the COUncilinember and Neighborhood& other Organizations representing the NIEZ
as outlined in the Public Notice requirement of the NE Z Policy and Guidelines revised April 6, 2004 or
I
followed guidelines of NEZ Strategic Plan it'a Strategic Plan is in place for the speif c i c NEZ.
Support letter from Woodhaven Neighborhood Association and Woodhaven Community Development
Corporation (For projects located in Woodhaven NF Z only
INCOMPLETE APPLic/vriONS WILL NOT BE PROCESSED FOR CERTIFICATION LINTIL ALL REQUIRED
DOCUMENTS SFIOWN IN THE ABOVE CI-IECKL,I'IST ARE SUBMITTED WITHIN 30 DAYS AFTER THE
APPLICATION IS RECEIVED.
YOU MUST AMPLY FOR TAX, ABATEMENT BEFORE ANY I 11jDING PERMITS ARE ISSUED FOR YOUR
PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. IT TAKES 60 TO 90
BUSINESS DAYS TO COMPLETE THE TAX ABATEMENT AGREEMENT APPROVAL PROCESS AFTER THE
ISSUANCE OF NEZ, CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT. ALL
BUILDING PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CER:FIFICATION WAS
,.%PPROVED.,, OR W1111INTHE 12 MONTH PERIOD THAT THE rAX ABATEMENT WAS ►PPROVED,, OR YOU
WILL BE REQUIRED TO RE-APPLY FOR NEZ INCENTIVES.
11. APPLICANT AGENT INFORMATION
X?
1 pp te;at. t Contact Person: 5am
3. Address:, 40 -
E�et OrK �F� 76/P
Cy
Street I*t State Zip
719 6q1-_3'(
6. /01
Email: r- 1 �4 - I
4 ,1 -*IT
7. Agent lfan y)
3. Address:
: ty
Street 7d C State zip
I N1.
9. Phone n ►.. 4 10. Fax No..
t 1. Email.
Revised July 1 21,201 1
to RT WORT H ApplicationNo.
11110JEoCT ELIGIBMITY
I. Please list down the addresses, and legal descriptions of the project and other properties your
organization owns in Fort Worth, Attach metes and, bou,ndI3 description if no address or le 'r1
description 13 available. Attach a map showing the location of the project.
Table I Property Ownership_--
Address, Zip Code U!I MAM
1P
Lo ct L,.oc Subdivision Name Lot No. Block No
-(P Je ation)
4irb 'Lk
father properties owned stn the City of Fort Worth - continue on a separate sheet and attach if necessary,
14 A
9��j a40�
we ri, V%1V0"t4,-4
AV
IN& 00-0, 1 A
L 101_'10 A ►
*76&9
ell
J0
14-VIol',re �/Jraipo e��'
2,. For each property Histud in Table 1, please check the boxes below toindlicate if
there are taxes past due; or
i here are C I'ty I i'ens; or
0 You (meaning the applicant, developer, associates, agents., principals) have been subject to a Build,ing
Standards Commiss,ion"s Order of Demolition where, the property was demolished within the last five
years.
Table 2 Property' axes and Ci!y Liens
Plroperty Cliq Liens on Property
Address Taxes Weed Board-up/Open Demolition Paving Order of
Due Liens Stucture Liens, Liens Liens Demolition
AZ I
V V-
I tpa 4 d ti Al
tuy- h
L
hIM111111
El
(Please attach ad:ditional sheets,of paper as,needed.)
If there are taxes due or liens against any property in the City of Fort Worth you rya not be eligible
for N Z incentives
Revised July 1 2,20 11
/iPC/r, pry onF
2• of,i,v'.
U
WORT' '' \Ppllcation New.
m
3. Do,you own other properties under other names? 'Y" No
If Yes plea specify
4. Do the proposed projec t conform with C'iity of Fort Worth Zoning Yes No
I ,what steps are b-cin,g taken to insure compliance?
56 Project El [I El
Tylpto Single Family, Multi-Family 'I Commercial Industrial Community Facilities Mixed-Use
Owner cupi
9&ntal Property
le r the proposed r commercial " : ew Al'I'7AU A k - , gV c '""` eyj&
07- w
7. If your project is a com anal ne a or mixed-use project,please e e sc ib�e to types of
businesses that are bey � Wised:
S. I this a new construction ction or rehabs project? CgaNewl Construc Rehab
�6,
9:. How much,lis the total,development cost of your project?10. Wil the eligible re ab ditadon work* equal to at least % of the Tarrant Apprania 'Diat ict("SAD)
assessed value of the structure caring the year r habs litatfoa occurs." AY ea N
*Elligible rehabilitation includes only physical improvements to real pwr pew. It does NOT include:
Front yard fencing consisting of chain-fink or solid material construction;personal property such as fr iture,
appliances,equipment, and/or s prplit&Total eligible rehabilitation cow shall equal to or exceed 30%of the
TAD appraised value of the stnicture during the year rehabilitation occurs
11. wow Much the total square footage of your p"roj ect? square "t
WIN 1111111
' � "° '� tiro '" "'" ,*_•° °""K ,gyp ',"'°,^:, , W ,. ',n. Mme. wr.,,p .
answer,questkmtrl
1.2,Fo a sn a � -o ae u out
d
the number of residential units based on income,mage of owners or rulers in the o
lng table.
Table 3 Number of Residential Una and Income,Range of Owners or Renters
« . �I Prerceiit�&,
��� [
> %of A I,
At or below %of AMF
TOW:ul -"
**ANff1:Area Media Family Tacoma. Ply see attachment for incomes and housing payment guideline.
3. For a inultifiraft RE2iect to be qualified for tam abatement,n at least 20% of total units shall be
affordable to families s at or below 80%of AMFL Check c the boy if you are requesting a waiver of thl
requiremenit 0
14. For a cornmer� industrial' or communi facilities re ` indicate square footage of non,-
i
r° de�at s spac
�.. ' w, "I:+o. •,q" ,", mr P' z r , ^. ,Y "'" , w 'r a d r a ...
C:
w
"
. z
few square feet square feet
Revised July 12,2011 3
FoRT'WORTH Application No.
15�. How much w ill he your Capital Investment*** on, the project? Please use the following table to provide
the details,and, amount of your Capital Investment(Attached additional sheets if necessary).
Table 4 Itemized Budget or the Project"
Items Amount Notes
Total
*"C"apital Investment includes only real property improvements such as new fincilitics and structures, site improvements. facility
cxpansioln, and facility modem ization. Capital investment DOES I NOT include land acquisition costs and/or any existing
sting
improvements,or personal property(such as machinery,eqiuipment,and,/or supplies or inventory).
16. For a coin imercial. industrial, community facilit or mixed-use r
oJectI m
, how many eployees will the
Y v
project generate?
17., For a mixed-use I
-pir please indicate;the percentage of all uses in the project in the following table.
'Fable 5 Percentage of Uses in a Mixed-Use Project
"rype Square Footage Percentage
Residential
Office
Eating,
Entertainm�ent
Retail sales,
Service
Total
Ill. INCENTIVES What incentives are you applying for?
Municipal,Property Tax Abatements
Must provide Flinall Plat Cabinet and Slide for Tax Abatement Cabinet Slide
Years More than 5 years
EIResidential owner occupied/ Residential Rental Property E]Apartments,(5 plus units) Commercial
Development Fee Waivers,
All buildinig plermit related fees(including Plans Review and Inspections)
Plat application fee(including concept plan, preliminary plat, final plat,short form replat)
Zoning application fee E Board of Adjustment application fee
Demolition fee 0 Structure moving fee
Community Facilities Agreement(CFA)application fee
Street and utility casement vacation application fee
Impact Fee Waivers - The maximum water/wastewater impact fee waiver amount for a commercial, industrial, mixed-
use, or community facility development project,is equivalent to the water/wastewater impact fee of two 6-inch meters
Water (Meter Size (No. of meters, 4Transportation
Release of'City Liens,
Weed, liens Paving liens Board up/open structure liens Demolition liens
1- 2oil 4
Revised July, 11
tORT WORTH \Pplicafion No,
[Hs ACKNOWLEDGMENTS
I hereby certify that the information provided is true and accurate to the best of my knowledge. I hereby
a,cknowlledge that I have received a copy of NEZ, Basic Incentives, which goverris the granting of tax abatements, I*ce
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 waiver's and other incentives shall not be deemed to be approval of any aspect of
the project. I understand that I am responsible in 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, I agree to provide any additional
information for determining eligibility as,requested by the Cit
_e
_001000
4
RUNTE OR TYPED NAME) (AUTHORIZEDSIGNATURE) (DATE)
Please mail or fax your application to:
City of Fort Worth Planning and Development Department
10001 Throck,morton Street,, Fort Worth,Texas 76102
F� Tell: (817)392-2222 Fax: 1(817)3,92-8116
Electronic version of this form is available on our website. For more infon-nation on the NFZ Program, please visit
our web site at ortworthgov.org/planninganddevelopment
F
,a!11ce U e Only
Application N,o.,AM n which NEZ? 11/1/ V.COUncil: District
'r ;_ 09-IW Conform with Zoning? LJ Yes O No
Application,Completed Date(Received Date):
Type? SF El Multifamily Commercial Industrial Community facilities E Mixed-Use
Cons ruction completion date 0 Before NEZE] A-fter NEZ, Ownersh,ip/Site Control [I Yes El o
T Account No. Consistent with the NEZ plan? Yes No
AD
Meet affordability lest? es E No Minimum Capital Investment? .es EJ No
y
Rehab at or higher than 30%? 21"Yes No Meet mixed-use definition? es D No
Tax current on this property? No '"Fax current on other,properties'.7 Yyes 0 No
City liens on this property? I City liens on other properties'?
• Weed liie,ns Yes, No, * Weed Miens Yes RTN O
• Board-up/open structure liens Yes [� o o Board-up/open structure liens 0 Yes EJ'No
• Demolition liens Yes [:�exoe * Demolition liens 0 Yes [3N" o,
te]"e
• Paving liens El Yes [&-No e Paving liens Yes No
• Order of diemojifion El, Y es, • Oirder of demolition Yes,lalqo
Certified9 11/yes No Certified by W Date certification issued.?
If not cenified. reason
Referred to ElEconomic Development El-lousing, E]Developrnent E'mater OCode ETP'"
Revised July 12.2 011 5
I"
Exhibit 114,11
Project Descri ion
Single Family Residence
5 Bedrooms
5 Bathrooms
Study
Breakfast Nook
Living Room
Laundry Room/Pantry
Covered Porch
Approximately 2,840 square feet
WoRnSO,
4,
WAR
nc
W
gjo/
A'0
117`111111111111�111X�� ""'777,7777, V 5"
%
...........P A �101
"'i N
ACT
w
ctl!
Mm,
DATE: 3/26/2013 REFERENCE C-26172 LOG NAME: 17NEZ2732SANDAG,E
NO.*-
CODE: C TYPE: NON- PUBLIC NO,
CONSENT HEARING-
SUBJECT: Authorize Execution of Fi'lve-,Year Tax Abatement Agreement with Glenn R. and Sharleen
K. Leimbach for,Property Located at 2732 Sandage Avenue in the Berry/University
Neighborhood Empowerment Zone ('COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a five-year Tax Abatement
Agreement with Glenn R. and Sharleen K. Leimbach for property located at 2732 Sandage Avenue in
the Berry/Univeirsity Neighborhood Empowerment Zone, in accordance with the Neighborhood
Empowerment Zoni,e'Tax Abatement Policy and Basic Incentives.
DISCUSSIOW,
Glenn R. and Sharleen K. Leimbach (Property Owners) are the owners of the property described as
Block 9, Lot 9, Frisco Heights Addition, an Addition to the City of'Fort Worth�, Tarrant Co�un
ty, Texas,
according to the plat recorded in Volume 204A, Page 96, of the, Plat Records of Tarrant County,
'Texas, at 2732 Sand'age Avenue, Fort Worth, Texas. The property is located within the
Berry/University Neighborhood Empowerment Zone (NEZ).
The Property Owner,plans to invest an estimated amount of$269,000.00 to construct an
approximately 2,840 square foot single family residence (Project). The Project will be used as rental
property,.
'The Housing and Economic Development Department reviewed the application and certified that the
Property Owner and Project met the eligibility criteria to receive a NEZ Municipal Property Tax
Abatement. The NEZ Basic Incentives includes a five-year Municipai Property Tax Abatement on the
increased value of improvements to the qualified owner of any new coins,t'ructioini: or rehabilitation
with,i�n the NEZ.
Upon execution of the Agreement, 10,01 percent of the assessed value of the improvements used for
calculating municipal property tax will' be frozen for a period of five years starting Jan�uary 2014 at the
estimated pire-im�p�rovement value, as defined bythe Tarrant Appraisal District(TAD), for the property
as follows:
Pre-Improvement TAD Value of Improvements $ 0.00
Pre-Improvement Estimated', Value of Land $363300.00
Total Pre-improvement Estimated Value $36,300-00
The mun�iciipal property tax on the improved value of Project after construction is estimated in the
amount of$2,299.95 per year for a tota,l amount of$111 499.751 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 apprai�sed 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 owner as rental property., All other assignments must be approved
by the City Council.
This property is located in COUNCIL DISTRICT 9.
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HIL,
FISCAL INFORMATIONXIERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/'Centers EROM Fund/Acc,ou�n�t/Ceniters
Su4mitted for City Manager's Office b3L. Fernando, Costa (6122)
Jay Chapa, (5804)
Originating Department Head: Cynthia Glarcia (81�87)
Additionall Information Contact. Sarah Odle (731'6)
ATTACHMENTS
2732 Sandy Elevation df
217'32 Sandie Ave NEZMapsforCouncill df
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