HomeMy WebLinkAboutResolution 4647-06-2016 A Resolution
NO. 4647-06-2016
PROVIDING THAT THE CITY OF FORT WORTH ("CITY")
ELECTS TO BE ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT
AUTHORIZED BY CHAPTER 312 OF THE TEXAS TAX CODE AND
ESTABLISHING A TAX ABATEMENT POLICY GOVERNING
CERTAIN TAX ABATEMENT AGREEMENTS
WHEREAS, a municipality may enter into tax abatement agreements authorized by
Chapter 312 of the Texas Tax Code ("Code") only if the governing body of the
municipality has previously adopted a resolution stating that the municipality elects to be
eligible to participate in tax abatement and has established guidelines and criteria
governing tax abatement agreements ("Tax Abatement Policy"); and
WHEREAS, pursuant to the Code, a Tax Abatement Policy is effective for two (2) years
from the date of its adoption; and
WHEREAS, the City Council's Tax Abatement Policy for all tax abatements other than
those granted pursuant to the Neighborhood Empowerment Zone Policy or the Relocation
Incentives Policy expired on June 21, 2016;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
1. THAT the City hereby elects to be eligible to participate in tax abatement in
accordance with Chapter 312 of the Code.
2. THAT the City hereby adopts the Tax Abatement Policy attached hereto as Exhibit
"A", which constitutes the guidelines, criteria, and procedures governing tax abatement
agreements entered into by the City (other than those granted pursuant to the
Neighborhood Empowerment Zone Policy or the Relocation Incentives Policy), to be
effective from June 28, 2016 through June 27, 2018, unless earlier amended or repealed by
a vote of at least three-fourths (3/4) of the members of the City Council.
3. THAT this Tax Abatement Policy, as it may subsequently be amended, will
expressly govern all tax abatement agreements entered into by the City (other than those
granted pursuant to the Neighborhood Empowerment Zone Policy or the Relocation
Incentives Policy) during the period in which this Tax Abatement Policy is in effect.
ADOPTED this 28t" da f June, 2016. ,Q�"P.fonra 400.
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By. OP ° o°iC
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Mary J K�. ser, City Secretary P¢� °X �
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ORT WORT
City of Fort Worth
General Tax Abatement Policy
Effective June 28,2016 through June 27,2018
1. GENERAL PROVISIONS.
1.1. Purpose
Chapter 312 of the Texas Tax Code allows, but does not obligate or require, the City to
grant a Tax Abatement on the value added to a particular property on account of a specific
development project that meets the eligibility requirements set forth in this Policy. In order for
the City to participate in Tax Abatement, the City is required to establish guidelines and criteria
governing Tax Abatement agreements. This Policy is intended to set forth those guidelines and
criteria for persons or entities interested in receiving a Tax Abatement from the City. This Policy
shall expire on June 27, 2018.
1.2. General Eligibility Criteria
A Tax Abatement can only be granted to persons or entities eligible for Tax Abatement
pursuant to Section 312.204(a) of the Texas Tax Code, which persons or entities as of the
effective date of this Policy are(i)the owner of taxable real property located in a Tax Abatement
reinvestment zone; or (ii) the owner of a leasehold interest in real property located in a Tax
Abatement reinvestment zone. Although the City will consider all applications for Tax
Abatement that meet the eligibility requirements set forth in this Policy, it is especially interested
in development projects that are expected to produce a meaningful impact on the city and its
economy and that:
• result in the creation of new full-time jobs, paying market rate wages, for For Worth
Residents and Central City Residents; and
• are located in the Central City; and
• result in development with no net additional cost to the City while producing a positive
economic impact to the tax paying citizens of Fort Worth; and
• have a positive impact on Fort Worth Companies and Fort Worth Certified M/WBE
Companies; and
• promote quality, affordable housing and/or mixed income development, and
• promotes high quality development or redevelopment opportunities on nearby or
adjacent properties in a manner that supports the establishment of a cohesive, distinctive
and walkable district or neighborhood, and
• effectively leverage private investment.
For projects located within a Target Area, the City is especially interested in projects that
promote high quality development or redevelopment opportunities on nearby or adjacent
properties in a manner that supports the establishment of a cohesive, distinctive and walkable
district or neighborhood.
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1.3. General Exclusions and Limitations
1.3.1. Lessees of Real Property
A person or entity seeking Tax Abatement on real property that is leased from a
third party should be advised that,pursuant to state law,unless the real property owner is
also a party to a Tax Abatement Agreement,the City can only abate taxes on the increased
value of the taxable leasehold interest in the real property, if any,and the increase in value
of taxable improvements and Business Personal Property located on the real property and
subject to the leasehold interest, if any. Before applying for a Tax Abatement from the
City, such persons or entities should seek professional and legal guidance, and may wish
to consult with the appraisal district having jurisdiction over the property in question, as
to whether their development projects will result in a taxable leasehold interest in the
property and, if so, the anticipated value of that leasehold interest.
1.3.2. Property Located in Neiiihborhood Empowerment Zones ("NEZs")
The City Council has designated certain distressed areas of the City needing
affordable housing, economic development and expanded public services as NEZs.
Notwithstanding anything that may be interpreted to the contrary, this Policy does not
apply to property located in a NEZ.A person or entity seeking Tax Abatement on property
owned or leased in a NEZ should refer to the Neighborhood Empowerment Zone Tax
Abatement Policy, adopted by the City Council pursuant to Resolution No. 4455-05-
2015, as may be amended or readopted.
1.3.3. Property Located in Tax Increment Reinvestment Zones ("TIFs")
The City Council has designated certain areas of the City as TIFs. This Policy
does apply to property located in a TIF. However, a person or entity seeking Tax
Abatement on property owned or leased in a TIF should be advised that state law requires
a TIF's board of directors and the governing bodies of all taxing jurisdictions contributing
tax increment revenue to a TIF to approve a City Tax Abatement agreement on property
located in that TIF before the agreement can take effect.
1.3.4. Property Located in Enterprise Zones
The State of Texas has designated certain areas of the City with high
unemployment as enterprise zones. Various economic development incentives are
available to owners of property located in enterprise zones. In accordance with state law,
all property located within an enterprise zone is automatically designated as a Tax
Abatement reinvestment zone. However, the City typically designates individual Tax
Abatement reinvestment zone overlays when it wishes to grant Tax Abatements on
property located in an enterprise zone.
1.3.5. Business Relocations Due to Maior Public Infrastructure Projects
Pursuant to Resolution No. ,the City Council has approved a Relocation
Incentives Policy(the"Relocation Policy") for qualifying businesses that are required to
relocate due to a Major Public Infrastructure Project, as that term is defined in the
Relocation Policy. Tax Abatement is one of the incentives authorized by the Relocation
City of Fort Worth General Tax Abatement Policy
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Policy. Notwithstanding anything to the contrary herein, any Tax Abatement granted by
the City under the Relocation Policy shall be governed solely by the terms of and in
accordance with the Relocation Policy, as may be amended or readopted.
2. DEFINITIONS
Capitalized terms used in this Policy but not defined elsewhere shall have the following
meanings:
Abatement or Tax Abatement- A full or partial exemption from ad valorem taxes on eligible taxable
real property and Business Personal Property located in a Reinvestment Zone for a specified period on
the difference between (i)the amount of increase in the appraised value (as reflected on the certified tax
roll of the appropriate county appraisal district)resulting from improvements begun after the execution
of a written Tax Abatement Agreement and (ii)the appraised value of such real estate prior to execution
of a written Tax Abatement Agreement (as reflected on the most recent certified tax roll of the
appropriate county appraisal district for the year prior to the date on which the Tax Abatement
Agreement was executed).
Abatement Benefit Term — The period of time specified in a Tax Abatement Agreement, but not to
exceed ten (10) years, that the recipient of a Tax Abatement may receive the Abatement.
Abatement Compliance Term —The period of time specified in a Tax Abatement Agreement during
which the recipient of a Tax Abatement must comply with the provisions and conditions of the Tax
Abatement Agreement and file an annual report with the City which outlines and documents the extent
of the recipient's compliance with such provisions and conditions.
Adaptive Reuse—The re-purposing of an existing site or building.
Business Personal Property -- Any tangible personal property other than inventory and supplies that
(i) is subject to ad valorem taxation by the City; (ii)is located on the property subject to Abatement; (iii)
is owned or leased by the party to the Tax Abatement Agreement; and (iv) was not located in the City
prior to the effective date of the Tax Abatement Agreement.
Capital Investment - Only real property improvements such as, without limitation, new facilities and
structures, site improvements, infrastructure improvements, facility expansion, facility modernization,
and utility installation. Capital Investment does NOT include (i) land acquisition costs; (ii) any
improvements existing on the property prior to the City Council's authorization of execution of a Tax
Abatement Agreement; or (iii) personal property such as, without limitation, machinery, equipment,
supplies, utilities and inventory.
Central City—A geographic area within the City, defined by the City Council and shown in the map of
Exhibit"A" of this Policy.
Central City Resident — An individual whose principle place of residence is at a location within the
Central City.
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CDBG Eligible Area—Any census tract in which fifty-one percent (51%) or more of the residents in
that census tract have low to moderate incomes, as defined by the United States Department of Housing
and Urban Development.
Comprehensive Plan - The City of Fort Worth's official guide for making decisions about growth and
development. The Plan is a summary of the goals, objectives,policies,strategies,programs, and projects
that will enable the city to achieve its mission of focusing on the future,working together to build strong
neighborhoods, develop a sound economy, and provide a safe community.
Downtown—The City's central business district, as defined in the City's Comprehensive Plan.
Environmental Remediation — The removal of pollution or contaminants from environmental media
such as soil, groundwater, sediment, or surface water.
Fort Worth Certified M/WBE Company—A minority or woman-owned business that(i)has received
certification as either a minority business enterprise (MBE), a woman business enterprise (WBE), or a
disadvantaged business enterprise (DBE) by the North Central Texas Regional Certification Agency
(NCTRCA), and (ii) has a Principal Office located within the corporate limits of the City that provides
the product or service for which credit is sought for purposes of a specific commitment set forth in a
given Tax Abatement Agreement.
Fort Worth Company —A business that has a Principal Office located within the corporate limits of
the City that provides the product or service for which credit is sought for purposes of a specific
commitment set forth in a given Tax Abatement Agreement.
Fort Worth Resident — An individual whose principal place of residence is at a location within the
corporate limits of the City.
Global Presence—A project that features either i) a minimum 15% of total capital investment sourced
from outside of the United States or ii) a minimum 51% ownership by individuals or corporate entities
that permanently reside outside of the United States.
High Priority Commercial Corridor—Any of the commercial corridors in need of revitalization that
are defined as "high priority" in the Comprehensive Plan. As of the effective date of this Policy,there
are seven High Priority Commercial Corridors: Berry Street, North Main Street, East Rosedale Street,
Downtown, and East Lancaster Avenue, Hemphill Street, Camp Bowie Boulevard, and West 7th Street,
all as more specifically described in the Comprehensive Plan.
LEED Certification—Certification by the U.S. Green Building Council that a building qualifies for any
of the four Leadership in Energy and Environmental Design (LEED) rating levels.
Mixed-Use Development Project — A development project in which a facility or facilities will be
constructed or renovated such that(i) at least twenty percent (20%) of the total gross floor area will be
used as residential space and (ii) at least ten percent (10%) of the total gross floor area will be used for
office, restaurant, entertainment and/or retail sales and service space.
Other Central City — All areas that are located within the Central City but that are not in Urban
Villages, along High Priority Commercial Corridors, within Transit-Oriented Developments, or in
Downtown.
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Positive Corporate Citizenship —The demonstration of an ongoing and positive role within the Fort
Worth community that extends beyond the value of the committed capital investment and general
operations of the project subject to Tax Abatement, as outlined in an action plan submitted by the
applicant and approved by the Director of the City's Economic Development Department. The action
plan must apply to at least the term of the Tax Abatement Agreement and describe the manner in which
the applicant will contribute to the support of Fort Worth-based non-profit entities and civic
organizations,direct support for the arts or other quality of life organizations in Fort Worth,participation
in existing programs for corporate involvement in the community that are made available through the
City of Fort Worth, Fort Worth Independent School District, Tarrant County College, or other
institutions, and other similar efforts to generate a positive impact on the City of Fort Worth.
Principal Office—An office facility that is fully operational and has sufficient equipment, supplies, and
personnel to provide the product or service of the business in question to clients in the City without
significant reliance on the resources of another entity or affiliate or of an auxiliary facility of the business
which is located outside the corporate limits of the City.
Public Open Space—All areas of land reserved for the provision of green space, natural environments,
or public art, and reserved for recreational use by the general public through a public access easement or
other dedication instrument that is acceptable to the City.
Reinvestment Zone — An area designated by the City as a Tax Abatement reinvestment zone in
accordance with Chapter 312 of the Texas Tax Code.
Retail Eligible Target Area - A designated CDBG-eligible area and key legacy retail area within the
Central City, which are shown on the attached map.
Supply and Service Expenditures — Discretionary expenditures made as part of normal business
operations on the real property subject to Tax Abatement, such as, by way of example only, office
supplies,janitorial supplies and professional services.
Talent Recruitment — A program developed to recruit individuals with college degrees, or specific
technical skills for critical positions within a company. The program should encourage creative methods
of retaining local college graduates as well as recruiting top talent to the City of Fort Worth.
Target Area—Those areas identified in the chart in Section 3.1.
Target Industry-An industry sector whose expansion in the City will help strengthen and diversify the
City's economy, including aviation and aerospace, life sciences, manufacturing, logistics, natural gas,
and corporate and professional services, all as identified by the City's Economic Development
Department in its sole discretion.
Tax Abatement Agreement—A written Agreement that the recipient of a Tax Abatement must enter
into with the City and that outlines the specific terms and conditions pertaining to and governing the Tax
Abatement.
Transit-Oriented Development (TOD) — A dense urban development located within %z mile of an
existing or planned regional commuter rail station,modern streetcar stop, and similar fixed-route transit
stations.
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Urban Village — A strategic commercial district designated along commercial corridors within the
Central City that is identified as an Urban Village in the Comprehensive Plan.
3. PROJECTS WITHIN TARGET AREAS
3.1 Eligibility Requirements
Any project that is located in a Target Area must meet the following eligibility requirements
in order to receive a negotiated base level Tax Abatement of up to 55%. Projects that meet these
minimum requirements are also eligible to earn an additional percentage of Abatement as outlined
in Section 3.3.
Projects in Target Areas must:
a. Meet a minimum Capital Investment threshold set forth in the table below.
b. Create net new full-time permanent jobs in Fort Worth that are maintained for the duration
of the Abatement Benefit Term and provide a benefits package that includes health
insurance. Preference will be provided to those projects with higher paying jobs.
c. Meet the"but for"test,meaning a project must have a demonstrable financial gap.
d. For retail projects, Tax Abatements will only be provided within the Retail Eligible Target
Area shown on the map of Exhibit"A",which consists of designated CDBG-Eligible areas
and key legacy retail areas within the Central City.
Target Area Minimum Investment
Urban Villages $500,000
High Priority Commercial Corridors $500,000
Transit-Oriented Development(TOD) $500,000
Retail Eligible Target Area $1 Million
Other Central City $1 Million
Downtown $ 2 Million
3.2 Target Area Proiect Commitments
3.2.1 Rental Residential- If a project in a Target Area includes rental residential
housing, the project must commit to the following:
a. At least 10%of total rental residential units must be set aside exclusively for lease
to qualifying households whose adjusted incomes do not exceed the then-current eighty
percent (80%) income limits established by HUD at rents that are affordable to such
households.
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b. At least 10% of total rental residential units must be set aside exclusively for lease
to qualifying households whose adjusted incomes do not exceed the then-current sixty
percent (60%) income limits established by HUD at rents that are affordable to such
households.
3.3 Target Area Incentive Enhancements
Projects in Target Areas that meet all minimum eligibility criteria may qualify for an
additional percentage of Abatement by meeting certain designated levels of enhancements, as
outlined in the Incentive Enhancement Criteria Chart below. The specific additional percentage of
Abatement will be negotiated on a case by-case basis.A maximum of 30%of additional Abatement
over the base Abatement established in accordance with Section 3.1 may be identified and earned,
provided that with no project may receive a total percentage of Tax Abatement in excess of 85%.
Project Enhancement Enhancementl Abatement
Level Percentage
15-24.99% 5%
Fort Worth Based M/WBE Construction Spending and Supply and Service Expenditures 25-39.99% 10%
40%and Over 15%
15-24.99% 5%
Fort Worth Based Construction Spending 25-39.99% 10%
40%and Over 15%
15-24.99% 5%
Fort Worth Based Supply and Service Expenditures 25-39,99% 10%
40%and Over 15%
15-24.99% 5%
Jobs for Fort Worth Residents 25-39.99% 10%
40%and Over 15%
15-24.99% 5%
Jobs for Central City Residents 25-39.99% 10%
40%and Over 15%
_ $13.00-19.99 10%
$20.00—24.99 15%
Hourly Wages
$25.00—29.99 20%
$30.00 and Over 25%
Up to 199 5%
Number of Net New Jobs 200-499 10%
Over 500 15%
Target l ndustry 5%
Public Open Spaces 5%
Environmental Remediation 5%
LEED Certification 3%
Adaptive Reuse 3%
Positive Corporate Citizenship 3%
Talent Recruitment Program 5%
Global Presence 5%
4. PROJECTS OUTSIDE TARGET AREAS
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4.1 Eligibility Requirements
All projects located outside a Target Area must meet the following eligibility requirements
in order to receive a negotiated base level Tax Abatement of up to 40%. Projects that meet these
minimum requirements are also eligible to earn an additional percentage of Abatement as outlined
in Section 4.3.
Projects outside Target Areas must:
a. Provide a minimum Capital Investment of at least$7 million.
b. Create net new full-time permanent jobs in Fort Worth that are maintained for the duration
of the Abatement Benefit Term and provide a benefits package that includes health insurance.
Preference will be provided to those projects with higher paying jobs.
C. Meet the"but for"test,meaning a project must have a demonstrable financial gap.
d. Have the potential for significant economic "spinoff' benefits such as high prestige
companies, large expansion initiative, attracting suppliers, generating spin-off firms or new
entrepreneurial ventures, or generating tourism or travel activity, as determined by the City's
Economic Development Department in its sole discretion.
Retail projects located outside those areas designated as a Retail Eligible Target Area are not
eligible for Tax Abatement. Refer to Section 3.1 for retail project eligibility criteria.
(REMAINDER OF THE PAGE INTENTIONALLY BLAND
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4.2 Incentive Enhancements for Projects Outside a Target Area
Projects located outside Target Areas that meet all minimum eligibility criteria may qualify
for an additional percentage of Abatement by meeting certain designated levels of enhancements,
as outlined in the Incentive Enhancement Criteria Chart below. The specific additional percentage
of Abatement will be negotiated on a case-by-case basis. A maximum of 45% of additional
Abatement may be identified and earned, provided that no project may receive a total percentage
of Tax Abatement in excess of 85%.
Project Enhancement Enhancement Abatement
Level I Percentage
15-24.99% 5%
Fort Worth Based M/WBE Construction Spending and Supply and Service Expenditures 25-39.99% 10%
40%and Over 15%
15-24.99% 5%
Fort Worth Based Construction Spending 25-39.99% 10%
....................._-_--.
40%and Over 15%
15-24.99% 5%
Fort Worth Based Supply and Service Expenditures 25-39.99% 10%
40%and Over 15%
15-24.99% 5%
Jobs for Fort Worth Residents 25-39.99% 10%
40%and Over 15%
15-24.99% 5%
Jobs for Central City Residents 25-39.99% 10%
40%and Over 15%
$20.00-24.99 5%
Hourly Wages $25.00—29.99 10%
$30.00 and Over 15%
Up to 199 5%
Number of Net New Jobs 200-499 10%
Over 500 15%
Target Industry 5%
-
Public Open Spaces 5%
Environmental Remediation 5%
LEED Certification 3%
Adaptive Reuse - 3%
Positive Corporate Citizenship 3%
Talent Recruitment Program 5%
Global Presence 5%
(REMAINDER OF THE PAGE INTENTIONALLY BLAND
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5. TAX ABATEMENT CALCULATION
All Tax Abatement Agreements shall require the recipient to construct or cause construction of
specific improvements on the real property that is subject to the Abatement. Failure to construct these
specific improvements at the minimum Capital Investment expenditure and by the deadline established
in the Tax Abatement Agreement shall give the City the right to terminate the Tax Abatement
Agreement.
The amount of a particular Tax Abatement shall be negotiated on a case-by-case basis and specifically
set forth in the Tax Abatement Agreement. The calculation of Tax Abatement for any Project that meets
the requirements of this Policy shall be negotiated on a case-by-case basis and governed solely by the
terms and conditions of the Tax Abatement Agreement.
6. TAX ABATEMENT IMPLEMENTATION
The term of a Tax Abatement shall be negotiated on a case-by-case basis and specified in the
Tax Abatement Agreement. The City will audit and determine the recipient's compliance with the terms
and conditions of the Tax Abatement Agreement for a full calendar year prior to the first year in which
the Tax Abatement is available (the "First Compliance Auditing Year"). The Compliance Auditing
Year shall either be the full calendar year in which a final certificate of occupancy is issued for the
improvements required by the Tax Agreement for the real property subject to abatement or the following
calendar year, as negotiated and set forth in the Tax Abatement Agreement. The first Tax Abatement
will be available to the recipient for the tax year following the Compliance Auditing Year. In other
words, the degree to which the recipient meets the Commitments set forth in the Tax Abatement
Agreement will determine the percentage of taxes abated for the following tax year. The City will
continue to audit and determine the recipient's compliance with the terms and conditions of the Tax
Abatement Agreement for each subsequent calendar year,which findings shall govern the percentage of
taxes abated for the following tax year, until expiration of the Tax Abatement Agreement.
7. TAX ABATEMENT APPLICATION PROCEDURES
Each Tax Abatement application shall be processed in accordance with the following standards
and procedures:
7.1. Submission of Application
If a given development project qualifies for Tax Abatement pursuant to the eligibility
criteria detailed in of this Policy, an applicant for Tax Abatement must complete and submit a
City of Fort Worth Tax Abatement Application(with required attachments)(the"Application").
An Application can be obtained from and should be submitted to the City's Economic
Development Department. In order to be complete,the Application must include documentation
that there are no delinquent property taxes due for the property on which the development project
is to occur. In addition,projects that include, in whole or in part, the renovation of one or more
existing structures shall provide,as part of the applicant's Tax Abatement Application,a detailed
description and the estimated costs of the renovations contemplated.
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7.2. Application Fee
Upon submission of the Application, an applicant must also pay an application fee. This
application fee shall be $5,000 ("Application Fee") of which $3,000 will be credited to any
permit, impact, inspection or other fee paid by the applicant and required by the City directly in
connection with the proposed project, as long as substantive construction on the project, as
determined by the City in its sole and reasonable discretion,has been undertaken on the property
specified in the Application within one (1) year following the date of its submission.
If any Application Fee funds are remaining after the development project covered in the
Application has received a final Certificate of Occupancy(CO)from the City,the applicant must
submit a letter to the director of the City's Economic Development Department requesting a
refund of the remaining funds. The request must be made within three (3) months from the
date of the final CO. Application fees remaining after the development project covered in the
Application has received a final CO will become the property of the City and will not be eligible
for refund, even if a final CO was issued, if the applicant does not submit the written request for
refund as required by this Section. The remaining $2,000 of the Application Fee is non-
refundable and will be utilized for City staff expenses associated with processing the Application
and fees associated with legal notice requirements.
7.3. Application Review and Evaluation
The Economic Development Department will review an Application for accuracy and
completeness. Once complete, the Economic Development Department will evaluate an
Application based on the perceived merit and value of the project, including,without limitation,
the following criteria:
• Types and number of new jobs created, including respective wage rates, and employee
benefits packages such as health insurance, day care provisions, retirement packages,
transportation assistance, employer-sponsored training and education, any other benefits
and whether all benefits are offered on an equal and non-discriminatory basis to all
employees;
• Percentage of new jobs committed to Fort Worth Residents;
• Percentage of new jobs committed to Central City Residents;
• Percent of construction contracts committed to (i) Fort Worth Companies and (ii) Fort
Worth Certified M/WBE Companies;
• Percentage of Supply and Service Contract expenses committed to (i) Fort Worth
Companies and (ii)Fort Worth Certified M/WBE Companies;
• Financial viability of the project;
• The project's reasonably projected increase in the value of the tax base;
• Costs to the City(such as infrastructure participation, etc.);
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• Remediation of an existing environmental problem on the real property;
• The gender, ethnic background and length of employment of each member of the
applicant's board of directors,governing body or upper management, as requested by the
City;
• Type of industry and activities associated at the project site;
• If the company is foreign owned and/or includes capital investment sources from outside
the United States;
• Whether the project incorporates public open spaces, is a transit-oriented development,
and/or includes adaptive reuse of an existing building;
• Whether the project will be able to obtain General Leadership in Energy and
Environmental Design (LEED) certification, International Organization for
Standardization (ISO) Standard 14001 certification, American Institute of Architects
(AIA) or ASTM International sustainability standards, or will otherwise comply with
similar sustainable building and management processes acceptable to the City;
• Whether the company incorporates, or will do so, a program to recruit individuals with
college degrees, or specific technical skills for critical positions within the company;
• Whether the company has an actionable plan that outlines an ongoing and positive role
within the Fort Worth community that extends beyond the value of the committed capital
investment and general operations of the project; and
• For residential projects,the number or percentage of units reserved as affordable housing
for persons with incomes at or below eighty percent (80%) of median family income
based on family size (as established and defined by the United States Department of
Housing and Urban Development)
• Other items that the City may determine to be relevant with respect to the project.
7.4. 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 Application or Tax Abatement Agreement.
8. GENERAL POLICIES AND REQUIREMENTS
Notwithstanding anything that may be interpreted to the contrary herein, the following general
terms and conditions shall govern this Policy:
8.1. A Tax Abatement shall not be granted for any development project in which a building
permit application has been filed with the City's Planning and Development Department. In
addition, the City will not abate taxes on the value of real or Business Personal Property for any
period of time prior to the year of execution of a Tax Abatement Agreement with the City.
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8.2. The applicant for a Tax Abatement must provide evidence to the City that demonstrates
that a Tax Abatement is necessary for the financial viability of the development project proposed.
8.3. The City will not abate taxes levied on inventory, supplies or the existing tax base.
8.4. An applicant for Tax Abatement shall provide wage rates, employee benefit information
for all positions of employment to be located in any facility covered by the Application.
8.5. Unless otherwise specified in the Tax Abatement Agreement,the amount of real property
taxes to be abated in a given year shall not exceed one hundred fifty percent(150%)of the amount
of the minimum Capital Investment expenditure required by the Tax Abatement Agreement for
improvements to the real property subject to Abatement multiplied by the City's tax rate in effect
for that same year, and the amount of Business Personal Property taxes to be abated in a given
year shall not exceed one hundred fifty percent (150%) of the minimum value of Business
Personal Property required by the Tax Abatement Agreement to be located on the real property,
if any, subject to Abatement multiplied by the City's tax rate in effect for that same year.
8.6. The owner of real property for which a Tax Abatement has been granted shall properly
maintain the property to assure the long-term economic viability of the project. In addition, if a
citation or citations for City Code violations are issued against a project while a Tax Abatement
Agreement is in effect,the amount of the Tax Abatement benefit will be subject to reduction, as
provided in the Tax Abatement Agreement.
8.7. If the recipient of a Tax Abatement breaches any of the terms or conditions of the Tax
Abatement Agreement and fails to cure such breach in accordance with the Tax Abatement
Agreement, the City shall have the right to terminate the Tax Abatement Agreement. In this
event, the recipient will be required to pay the City any property taxes that were abated pursuant
to the Tax Abatement Agreement prior to its termination.
8.8. As part of the consideration under all Tax Abatement Agreements, the City shall have,
without limitation, the right to (i) review and verify the applicant's financial statements and
records related to the development project and the Abatement in each year during the term of the
Tax Abatement Agreement prior to the granting of a Tax Abatement in any given year and (ii)
conduct an on-site inspection of the development project in each year during the term of the Tax
Abatement to verify compliance with the terms and conditions of the Tax Abatement Agreement.
Any incidents of non-compliance will be reported to all taxing units with jurisdiction over the
real property subject to Abatement.
8.9. The recipient of a Tax Abatement may not sell, assign, transfer or otherwise convey its
rights under a Tax Abatement Agreement unless otherwise specified in the Tax Abatement
Agreement. A sale, assignment, lease,transfer or conveyance of the real property that is subject
to the abatement and which is not permitted by the Tax Abatement Agreement shall constitute a
breach of the Tax Abatement Agreement and may result in termination of the Tax Abatement
Agreement and recapture of any taxes abated after the date on which the breach occurred. For
additional information about this Tax Abatement Policy, contact the City of Fort Worth's
Economic Development Department using the information below:
City of Fort Worth General Tax Abatement Policy
Page 13 of 15
City of Fort Worth
Economic Development
1150 South Freeway
Fort Worth, Texas 76104
817-871-60211 www.foitworthtexas.gov/ecodev
City of Fort Worth General Tax Abatement Policy
Page 14 of 15
Exhibit"A"
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Copyright 2016 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product
is for informational purposes and may not have been prepared for or be suitable for legal, engineering,or
surveying purposes. It does not represent an on-the-ground survey and represents only the approximate
relative location of property boundaries. The City of Fort Worth assumes no responsibility for the accuracy of
said data.
City of Fort Worth General Tax Abatement Policy
Page 15 of 15
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/2812016 - Resolution No. 4647-06-2016
DATE: Tuesday, June 28, 2016 REFERENCE NO.: **G-18770
LOG NAME: 17TAPOLICY2016
SUBJECT:
Adopt Resolution Stating the City of Fort Worth Elects to Remain Eligible to Participate in Tax Abatement
Authorized by Chapter 312 of the Texas Tax Code and Adopt New General Tax Abatement Policy (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution stating that the City elects to remain eligible to participate in property tax
abatement, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Chapter 312 of the
Texas Tax Code, as amended; and
2. Adopt the attached updated General Tax Abatement Policy, including guidelines and criteria, governing
certain property tax abatements granted by the City of Fort Worth.
DISCUSSION:
Chapter 312 of the Texas Tax Code authorizes cities to designate tax abatement reinvestment zones and
to enter into Tax Abatement Agreements only after the city elects to become eligible to participate in tax
abatement and adopts a Tax Abatement Policy that establishes guidelines and criteria governing its tax
abatement program. A Tax Abatement Policy adopted by a city is effective for two years from the date of
adoption. The City of Fort Worth's current General Tax Abatement Policy, which was adopted pursuant to
Resolution No. 4322-05-2014 (M&C G-18204), will expire on June 21, 2016.
In October 2015, the City Manager created an advisory committee (IR No. 9806) with representatives from
the business community, other economic development stakeholder groups and private citizens to gather
input on the effectiveness of our incentive programs and discuss any revisions that should be
considered. The review was led by the Economic Development Staff with participation from Staff from
Planning and Development and Neighborhood Services. The committee met from November 2015 to May
2016 and the attached policy reflects the recommendations approved by the committee.
The new General Tax Abatement Policy contains the following changes from the existing General Tax
Abatement Policy (Policy):
1. The current Policy requires a minimum capital investment of$250,000.00 within the Central City. The
new General Tax Abatement Policy identifies six target areas: Urban Villages, High Priority Commercial
Corridors, Transit-Oriented Development outside the Central City, Retail Eligible Target Areas, Other
Central City, and Downtown. Each of the Targeted Area categories has a specific investment threshold
unique to that category. All projects located within the Target Areas meeting the minimum investment
thresholds outlined in the Policy will earn a negotiated base level tax abatement of up to 55 percent.
Logname: 17TAPOLICY2016 Page 1 of 2
2. The current Policy requires a minimum capital investment of$5,000,000.00 outside the Central
City. The new policy requires that all projects located in the Outside Target Areas make a minimum
capital investment of$7,000,000.00 in order to receive a negotiated base level tax abatement of up to 40
percent.
3. In the new General Tax Abatement Policy, applicants in both the Target Areas and Outside Target
Areas are eligible to earn additional incentives as outlined in the Incentives Enhancement
section. Incentive Enhancement categories include: Fort Worth-Based M/WBE Construction Spending
and Supply and Service Expenditures, Fort Worth-Based Construction Spending, Fort Worth-Based
Supply and Service Expenditures, Jobs for Fort Worth Residents, Jobs for Central City Residents, Hourly
Wages, Number of Net New Jobs, Target Industries, Transit Oriented Development, Public Open Spaces,
Environmental Remediation, LEED Certification, Adaptive Reuse of an Existing Building, Corporate
Citizenship, Talent Recruitment and Global Presence.
4. In the Target Areas, a maximum of 30 percent in additional incentives may be earned through the
Incentive Enhancements, with no one project receiving more than 85 percent in Tax Abatement. In the
Outside Target Areas, a maximum of 45 percent in additional incentive can be earned through the
Incentive Enhancements, with no one project receiving more than 85 percent in Tax Abatement.
Once adopted, the proposed General Tax Abatement Policy will be effective from June 22, 2016 through
June 21, 2018, unless amended or repealed by at least a three-fourths vote of the City Council. The
General Tax Abatement Policy does not apply to tax abatement granted, pursuant to the City's
Neighborhood Empowerment Zone (NEZ) Policy or the City's Relocation Incentives Policy.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of this Agreement will have no material effect on the Fiscal
Year 2016 Budget. While no current year impact is anticipated from this action, any effect on
expenditures and revenues will be budgeted in future fiscal years and will be included in the long term
forecast.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # Amount
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Robert Sturns (212-2663)
Additional Information Contact: Robert Sturns (2663)
Logname: 17TAPOLICY2016 Page 2 of 2