HomeMy WebLinkAboutContract 48640 CITY SECRUARY
CONTRACT NO.
TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A NEIGHBORHOOD
EMPOWERMENT ZONE
5319 Ramey Avenue
This TAX ABATEMENT AGREEMENT ("Agreement") is entered into by and between
the CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipal corporation organized
under the laws of the State of Texas and acting by and through David Cooke, its duly authorized City
Manager, and Marie Bell, ("Owner") of property located at 5319 Ramey Avenue, an approximately
0.25 acre tract of land situated in the Daniel Dulaney Survey, Abstract No. 411, and being part of
Tract 5, Willi Subdivision, an addition in the City of Fort Worth, Tarrant County, Texas according to
the Plat recorded in Volume 309,Page 38 of the Plat Records, said 0.25 acre tract being a tract of land
described in a deed to W.W. Graham in a deed recorded in Volume 9271, Page 1584, Deed Records,
Tarrant County, Texas.
The City Council of the City of Fort Worth ("City Council") hereby finds and the City and
Owner hereby agree that the following statements are true and correct and constitute the basis upon
which the City and Owner have entered into this Agreement:
A. Chapter 378 of the Texas Local Government Code allows a municipality to create a
neighborhood empowerment zone if the municipality determines that the creation of the zone would
promote:
(1) the creation of affordable housing, including manufactured housing in the zone;
(2) an increase in economic development in the zone;
(3) an increase in the quality of social services, education, or public safety provided to
residents of the zone; or
(4) the rehabilitation of affordable housing in the zone.
B. Chapter 378 of the Texas Local Government Code provides that a municipality that
creates a neighborhood empowerment zone may enter into agreements abating municipal property
taxes on property in the zone.
C. On July 31, 2001, the City Council adopted basic incentives for property owners who
own property located in a Neighborhood Empowerment Zone, stating that the City elects to be
eligible to participate in tax abatement and including guidelines and criteria governing tax abatement
agreements entered into between the City and various third parties, titled "Neighborhood
Empowerment Zone "NEZ Basic Incentives" ("NEZ Incentives"),these were readopted on May 19,
2015 (Resolution No. 4455).
D. The NEZ Incentives contains 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(the "Code").
E. On April 15, 2014, the City Council adopted Ordinance No. 21206 ("Ordinance")
establishing "Neighborhood Empowerment Reinvestment Zone No. 17," City of Fort Worth, Texas
("Zone") and adopted Resolution No. 4315 establishing "Designation of Stop Six Area as a
Neighborhood Empowerment Zone" ("NEZ").
OFFICIAL RECORD
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NEZ Tax Abatement with Marie Bell, 5319 Ramey Avenue FT.WORTH,TX
Approved by M&C C-28015, December 6, 2016
F. Owner owns certain real property located entirely within the Zone and that is more
particularly described in Exhibit"I", attached hereto and hereby made a part of this Agreement for all
purposes (the "Premises").
G. Owner or its assigns plan to construct a commercial building for use as AYs Shaved
Ice, more particularly described in Section 1.1 of this Agreement, on the Premises (the "Project").
H. On September 12, 2016, Owner submitted an application for tax abatement to the City
concerning the Premises (the "Application"), attached hereto as Exhibit "2" and hereby made a part
of this Agreement for all purposes.
I. The contemplated use of the Premises, the Required Improvements, as defined in
Section 1.1, and the terms of this Agreement are consistent with encouraging development of the
Zone in accordance with the purposes for its creation and are in compliance with the NEZ Incentives,
the Ordinance and other applicable laws, ordinances,rules and regulations.
J. The terms of this Agreement, and the Premises and Required Improvements, satisfy
the eligibility criteria of the NEZ Incentives.
K. Written notice that the City intends to enter into this Agreement has been furnished in
the manner prescribed by the Code to the presiding officers of the governing bodies of each of the
taxing units in which the Premises is located.
NOW, THEREFORE, the City and Owner, for and in consideration of the terms and
conditions set forth herein, do hereby contract, covenant and agree as follows:
1. OWNER'S COVENANTS.
1.1. Real Property Improvements.
Owner shall construct, or cause to be constructed, on and within the Premises certain
improvements consisting of an approximately 630 square foot commercial building for use as
a shaved ice business and having Construction Costs, excluding land, upon completion of
$26,822.00 including site development costs (collectively, the "Required Improvements")
but such Construction Costs shall be reduced by any construction cost savings. The type,
number and details of the Required Improvements are described in Exhibit "3". After
construction of the Required Improvements is complete Owner shall provide a copy of the
final construction invoices to City. The invoices shall then be attached and made a part of this
Agreement and shall be labeled Exhibit "4". Minor variations, and more substantial variations
if approved in writing by both of the parties to this Agreement, in the Required Improvements
from the description provided in Exhibit "3" 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"3".
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1.2. Construction Costs.
"Construction Costs" shall mean site development costs (including demolition and
environmental abatement), hard construction costs; contractor fees; engineering fees;
architectural fees; design and consulting fees; and development fee and permitting fees
expended by Owner directly in connection with construction of the Required Improvements.
The City recognizes that Owner will request bids and proposals from various contractors in
order to obtain the lowest reasonable price for the cost of the Required Improvements. In
the event that bids and proposals for the Required Improvements are below $26,822.00 in
Construction Costs for work substantially the same as that provided in Exhibit "3" and
otherwise described in this Agreement, the City will meet with Owner to negotiate in good
faith an amendment to this Agreement so that Owner is not in default for its failure to
expend at least $26,822.00 in Construction Costs, with the understanding that the City's
staff will recommend, but cannot guarantee, approval of such amendment by the City
Council. The final site plan shall be in substantially the same form as the site plan submitted
and attached as Exhibit "3". Minor variations, and more substantial variations if approved
in writing by both parties to this Agreement, 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 113".
1.3. Completion Date of Required Improvements.
Owner covenants to complete construction of all of the Required Improvements by
December 6, 2018, (the "Completion Deadline"). The abatement will automatically terminate
two years after Council approval if the Required Improvements are not complete. The
Required Improvements shall be deemed complete upon the issuance of a final certificate of
occupancy for the Required Improvements by the Planning and Development Department. If
the Owner fails to expend at least Twenty Six Thousand eight Hundred Twenty Two Dollars
($26,822.00) in Construction Costs for the Required Improvements by the Completion
Deadline as provided in Section 1.1 of this agreement; the City shall have the right to
terminate this Agreement by providing written notice to the Owner without further obligation
to the Owner hereafter.
1.4. Use of Premises.
Owner covenants that the Required Improvements shall be constructed and the
Premises shall be continuously used as a shaved ice business in accordance with the
description of the Project set forth in Exhibit "3". In addition, Owner covenants that
throughout the Term, the Required Improvements shall be operated and maintained for the
purposes set forth in this Agreement and in a manner that is consistent with the general
purposes of encouraging development or redevelopment of the Zone.
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NEZ Tax Abatement with Marie Bell, 5319 Ramey Avenue
Approved by M&C C-28015, December 6, 2016
2. ABATEMENT AMOUNTS, TERMS AND CONDITIONS.
Subject to and in accordance with this Agreement, the City hereby grants to Owner real
property tax abatement on the Premises, the Required Improvements, as specifically provided in this
Section 2 ("Abatement"). Abatement of real property taxes only includes City of Fort Worth-
imposed taxes and not 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 the Required Improvements over their values as determined
by TAD in September 2016, and this amount is $0.00 the year in which this Agreement was
entered into:
One Hundred percent (100%) of the increase in value from the
construction of the Required Improvements.
If the square footage requirement and the appraised value of the Required
Improvements are less than as provided in Section 1.1 of this Agreement, except that
such minimum construction costs shall be reduced by construction cost savings, Owner
shall not be eligible to receive any Abatement under this Agreement.
2.2. Increase in Value.
The abatement shall apply only to taxes on the increase in value of the Premises due
to construction of the Required Improvements and shall not apply to taxes on the land, nor
shall the abatement apply to mineral interests.
2.3. Abatement Limitation.
Notwithstanding anything that may be interpreted to the contrary in this Agreement,
Owner's Abatement in any given year shall be based on the increase in value of the Required
Improvements over its value in September 2016, up to a maximum of$40,233.00. In other
words, by way of example only, if the increase in value of the Required Improvements over its
value in April 2016, in a given year is $50,000.00, Owner's Abatement for that tax year shall
be capped and calculated as if the appraised value of the Required Improvements for that year
had only been$42,233.00.
2.4. Protests Over Appraisals or Assessments.
Owner shall have the right to protest and contest any or all appraisals or assessments
of the Premises and/or improvements thereon.
2.5. Term.
The term of the Abatement (the "Term") shall begin on January 1 of the year
following the calendar year in which a final certificate of occupancy is issued for the
Required Improvements (`Beginning Date") and, unless sooner terminated as herein
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NEZ Tax Abatement with Marie Bell, 5319 Ramey Avenue
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provided, shall end on December 31 immediately preceding the fifth (5t"') anniversary of the
Beginning Date.
2.6. Abatement Application Fee.
The City acknowledges receipt from Owner of the required Abatement application fee
of one half of one percent (.5%) of Project's estimated cost, not to exceed $2,000. The
application fee shall not be credited or refunded to any party for any reason.
3. RECORDS,AUDITS AND EVALUATION OF PROJECT.
3.1. Inspection of Premises.
Between the execution date of this Agreement and the last day of the Term and for five
(5) years after termination ("Compliance Auditing 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. Audits.
The City shall have the right to audit at the City's expense the financial and business
records of Owner that relate to the Project and Abatement terms and conditions
(collectively, the "Records") at any time during the Compliance Auditing Term in order to
determine compliance with this Agreement and to calculate the correct percentage of
Abatement available to Owner. Owner shall make all applicable Records available to the
City on the Premises or at another location in the City following reasonable advance notice
by the City and shall otherwise cooperate fully with the City during any audit.
3.3. Provision of Information.
On or before March 1 following the end of every year during the Compliance
Auditing Term and 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. This information shall
include, but not be limited to, the number and dollar amounts of all construction contracts
and subcontracts awarded on the Project.
Failure to provide all information within the control of Owner required by this Section 3.3
shall constitute an Event of Default, as defined in Section 4.1.
3.4. Determination of Compliance.
On or before August 1 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
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ruling. The actual percentage of the Abatement granted for a given year of the Term is
therefore based upon Owner's compliance with the terms and conditions of this Agreement
during the previous year of the Compliance Auditing Term.
4. EVENTS OF DEFAULT.
4.1. Defined.
Unless otherwise specified herein, Owner shall be in default of this Agreement if(i)
Owner fails to construct the Required Improvements as defined in Section 1.1.; (ii) ad valorem
real property taxes with respect to the Premises or the Project, 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 or (iii) OWNER DOES
NOT COMPLY WITH CHAPTER 7 AND APPENDIX B OF THE CODE OF
ORDINANCE OF THE CITY OF FORT WORTH (collectively, each an "Event of
Default").
4.2. Notice to Cure.
Subject to Section 5, if the City determines that an Event of Default has occurred, the
City shall provide a written notice to Owner that describes the nature of the Event of Default.
Owner shall have sixty (60) calendar days from the date of receipt of this written notice to
fully cure or have cured the Event of Default. If Owner reasonably believes that Owner will
require additional time to cure the Event of Default, Owner shall promptly notify the City in
writing, in which case (i) after advising the City Council in an open meeting of Owner's
efforts and intent to cure, Owner shall have ninety (90) calendar days from the original date of
receipt of the written notice, or (ii) if Owner reasonably believes that Owner will require more
than ninety (90) days to cure the Event of Default, after advising the City Council in an open
meeting of Owner's efforts and intent to cure, such additional time, if any, as may be offered
by the City Council in its sole discretion.
4.3. Termination for Event of Default and Payment of Liquidated Damalzes.
If an Event of Default, which is defined in Section 4.1, has not been cured within the
time frame specifically allowed under Section 4.2, the City shall have the right to terminate
this Agreement immediately. Owner acknowledges and agrees that an uncured Event of
Default will (i) harm the City's economic development and redevelopment efforts on the
Premises and in the vicinity of the Premises; (ii) require unplanned and expensive additional
administrative oversight and involvement by the City; and (iii) otherwise harm the City, and
Owner agrees that the amounts of actual damages there from are speculative in nature and will
be difficult or impossible to ascertain. Therefore, upon termination of this Agreement for any
Event of Default, Owner shall not be eligible for the Abatement for the remaining Term and
Owner shall pay the City, as liquidated damages, all taxes that were abated in accordance with
this Agreement for each year when an Event of Default existed and which otherwise would
have been paid to the City in the absence of this Agreement. The City and Owner agree that
this amount is a reasonable approximation of actual damages that the City will incur as a result
of an uncured Event of Default and that this Section 4.3 is intended to provide the City with
compensation for actual damages and is not a penalty. This amount may be recovered by the
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City through adjustments made to Owner's ad valorem property tax appraisal by the appraisal
district that has jurisdiction over the Premises. Otherwise, this amount shall be due, owing
and paid to the City within sixty (60) days following the effective date of termination of this
Agreement. In the event that all or any portion of this amount is not paid to the City within
sixty(60) days following the effective date of termination of this Agreement, Owner shall also
be liable for all penalties and interest on any outstanding amount at the statutory rate for
delinquent taxes, as determined by the Code at the time of the payment of such penalties and
interest. Notwithstanding anything herein to the contrary, damages due under this paragraph
shall be the sole responsibility of Marie Bell.
4.4. Termination at Will.
If the City and Owner mutually determine that the development or use of the
Premises or the anticipated Required Improvements are no longer appropriate or feasible, or
that a higher or better use is preferable,the City and Owner may terminate this Agreement in
a written format that is signed by both parties. In this event, (i) if the Term has commenced,
the Term shall expire as of the effective date of the termination of this Agreement; (ii) there
shall be no recapture of any taxes previously abated; and (iii) neither party shall have any
further rights or obligations hereunder.
4.5. Sexually oriented Business & Liquor Stores or Package Stores.
a. Owner understands and agrees the City has the right to terminate this
agreement if the Project 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 Project contains or will contain a
liquor store or package store.
5. EFFECT OF SALE OF PREMISES.
Owner may assign this Agreement and all or any portion of the benefits provided hereunder
to Marie Bell, or an Affiliate without the consent of the City, provided that (i) prior to or
contemporaneously with the effectiveness of such assignment, Owner provides the City with written
notice of such assignment, which notice shall include the name of the Affiliate and a contact name,
address and telephone number, and (ii) the Affiliate agrees in writing to assume all terms and
conditions of Owner under this Agreement. For purposes of this Agreement, an "Affiliate" means
all entities, incorporated or otherwise, under common control with Owner, controlled by Owner or
controlling Owner. For purposes of this definition, "control" means fifty percent (50%) or more of
the ownership determined by either value or vote. Owner may not otherwise assign this Agreement
or any of the benefits provided hereunder to another party without the consent of the City Council,
which consent shall not unreasonably be withheld or delayed, provided that (i) the City Council
finds that the proposed assignee is financially capable of meeting the terms and conditions of this
Agreement and (ii) the proposed assignee agrees in writing to assume all terms and conditions of
Owner under this Agreement. Any attempted assignment without the City Council's prior written
consent shall constitute grounds for termination of this Agreement and the Abatement granted
hereunder following ten (10) calendar days of receipt of written notice from the City to Owner.
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NEZ Tax Abatement with Marie Bell, 5319 Ramey Avenue
Approved by M&C C-28015, December 6, 2016
6. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designates in writing, by certified mail,
postage prepaid, or by hand delivery:
City: Owner:
City of Fort Worth Marie Bell
Attn: City Manager 520 Pineview Lane
1000 Throckmorton Fort Worth, TX 76140
Fort Worth, TX 76102
and
Neighborhood Services Department
Attn: Director
1000 Throckmorton
Fort Worth, TX 76102
7. MISCELLANEOUS.
7.1. Bonds.
The Required Improvements will not be financed by tax increment bonds. This
Agreement is subject to rights of holders of outstanding bonds of the City.
7.2. Conflicts of Interest.
Neither the Premises nor any of the Required Improvements covered by this
Agreement are owned or leased by any member of the City Council, any member of the City
Planning or Zoning Commission or any member of the governing body of any taxing units
in the Zone.
7.3. Conflicts Between Documents.
In the event of any conflict between the City's zoning ordinances, or other City
ordinances or regulations, and this Agreement, such ordinances or regulations shall control.
In the event of any conflict between the body of this Agreement and Exhibit"3",the body of
this Agreement shall control. As of December 6, 2016, the City is unaware of any conflicts
between this Agreement and the City's zoning ordinance or other ordinances or regulations.
7.4. Future Application.
A portion or all of the Premises and/or Required Improvements may be eligible for
complete or partial exemption from ad valorem taxes as a result of existing law or future
legislation. This Agreement shall not be construed as evidence that such exemptions do not
apply to the Premises and/or Required Improvements.
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NEZ Tax Abatement with Marie Bell, 5319 Ramey Avenue
Approved by M&C C-28015, December 6, 2016
7.5. City Council Authorization.
This Agreement was authorized by the City Council through approval Mayor and
Council Communication No. C-28015 on December 6, 2016, which, among other things,
authorized the City Manager to execute this Agreement on behalf of the City.
7.6. Estoppel Certificate.
Any party hereto may request an estoppel certificate from another party hereto so
long as the certificate is requested in connection with a bona fide business purpose. The
certificate, which if requested will be addressed to the Owner, shall include, but not
necessarily be limited to, statements that this Agreement is in full force and effect without
default (or if an Event of Default exists, the nature of the Event of Default and curative
action taken and/or necessary to effect a cure), the remaining term of this Agreement, the
levels and remaining term of the Abatement in effect, and such other matters reasonably
requested by the party or parties to receive the certificates.
7.7. Owner Standing.
Owner shall be deemed a proper and necessary party in any litigation questioning or
challenging the validity of this Agreement or any of the underlying laws, ordinances,
resolutions, or City Council actions authorizing this Agreement and Owner shall be entitled
to intervene in any such litigation.
7.8. Venue and Jurisdiction.
This Agreement shall be construed in accordance with the laws of the State of Texas
and applicable ordinances, rules, regulations, or policies of the City. Venue for any action
under this Agreement shall lie in the State District Court of Tarrant County, Texas. This
Agreement is performable in Tarrant County, Texas.
7.9. Severability.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
7.10. Headings Not Controlling.
Headings and titles used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
7.11. Entirety of Agreement.
This Agreement, including any exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between
the City and Owner, their assigns and successors in interest, as to the matters contained
herein. Any prior or contemporaneous oral or written agreement is hereby declared null and
void to the extent in conflict with any provision of this Agreement. This Agreement shall
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NEZ Tax Abatement with Marie Bell, 5319 Ramey Avenue
Approved by M&C C-28015, December 6, 2016
not be amended unless executed in writing by both parties and approved by the City
Council. This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
(REMAINDER OF PAGE INTENTIONALLY BLANK)
Page 10 of 13
NEZ Tax Abatement with Marie Bell, 5319 Ramey Avenue
Approved by M&C C-28015, December 6, 2016
City of Fort Worth
/l
By: By:
Fernando Costa i ell
Assistant City Manager
OF..F
ATTEST:
By: -y
ity IS ecret
APPROVED AS TO FORM AND LEGALITY:
A k"�
By:
Melinda Ramos
Sr. Assistant City Attorney
M& C: C-28015
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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NEZ Tax Abatement with Marie Bell, 5319 Ramey Avenue
Approved by M&C C-28015,December 6, 2016
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa,
Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to
be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged
to me that the same was the act of the said CITY OF FORT WORTH, TEXAS, a municipal
corporation, that he was duly authorized to perform the same by appropriate resolution of the City
Council of the City of Fort Worth and that he executed the same as the act of the said City for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of
201P
Notary Public i d for
""""'I TRIKINYA L JOHNSON
the State of Texas ,`,1RY•��6��-,
* -Notary Public,State of Texas
a,`• �f Comm.Expires 04-17-2018
°.; o„`' Notary ID 1238832-0
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Marie Bell, known to me
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that she executed the same for the purposes and consideration therein expressed, in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7j' day of
�&���� ,2016.
T!q&w 0 h3q&U.J�
Notary Public in and for ' '°y�%• SARAH BURKETf
.. ,,
The State of Texas •: 7 :•: My Notary ID#130x91984
Expires January 11,2020
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NEZ Tax Abatement with Marie Bell, 5319 Ramey Avenue
Approved by M&C C-28015, December 6, 2016
Exhibit 1: Property Description
Exhibit 2: Application: (NEZ) Incentives and Tax Abatement
Exhibit 3: Project description
Exhibit 4: Final Construction Invoices (to be attached after construction)
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NEZ Tax Abatement with Marie Bell, 5319 Ramey Avenue
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Exhibit 1
Property Legal Description
5319 Ramey Avenue, an approximately 0.25 acre tract of land situated in the Daniel
Dulaney Survey, Abstract No. 411, and being part of Tract 5, Willi Subdivision, an
addition in the City of Fort Worth, Tarrant County, Texas according to the Plat recorded in
Volume 309, Page 38 of the Plat Records, said 0.25 acre tract being a tract of land
described in a deed to W.W. Graham in a deed recorded in Volume 9271, Page 1584, Deed
Records, Tarrant County, Texas.
Exhibit 2
FORT WORTH; Application No. til Z 16- 0 ()2 80
City of Fort Worth
Neighborhood Empowerment Zone (NEZ) Application for Basic Incentives
Applicant Information
Bell Marie A
Last First M.I.
Address: 520 Pineview Lane Fort Worth TX 76140
Street Address City State Zip
Phone: 817-343-8477 _Email:mbell1028@yahoo.com
Contact:
(If different) Last First M.I.
Phone: Email:
Project Information
NEZ certifications are project specific.Please describe your project:
❑ ❑ 0 ❑ ❑ ❑
Single Family Multi- Family Commercial Industrial Community Facilities Mixed-Use
Project Address: 5319 Ramey Avenue
Street Address
Legal Description: 5 5 Willi Subdivision
Lot Block Addition
YES NO YES NO
New Construction/Addition: IN ❑ Remodel/Rehab: ❑ Q
Total New Sq.Ft. 630 sq.ft. Total Development Cost: $26,821.49
YES NO
Will the NEZ certified property be occupied by the property owner? ® ❑
If your project is a Mixed Use project,please list all specific uses that are being proposed:
Incentives
YES NO
Do you wish to apply for Municipal Property Tax abatement for this project? N ❑
If the above answer is yes,please contact the City of Fort Worth Neighborhood Services Department at
(8 17)392-7316 or visit http:Hfortworthtexas. o� v/neighborhoods/NEZ✓for additional information.
YES NO
Do you wish to apply for a release of certain City liens? ❑ ❑Q
Weed,Paving,Demolition and Board Up/Open Structure liens may be released
For ZoningOffice
YES NO
Will a Zoning Change application be necessary,
for this,project9 n®
Signature of Zoning Staff �i V VI VL Date:
Revised 052016 JLE
FORTWORTM, Application No. �_ `(�- cyo t U
City of Fort Worth
Neighborhood Empowerment Zone (NEZ) Application for Basic Incentives
Acknowledgements
I hereby certify that the information provided is true and accurate to the best of my knowledge.
I hereby acknowledge that I have read the NEZ Basic Incentives,which governs the granting of tax abatements, fee
waivers and release of City liens, and that any VIOLATION of the terms of the NEZ Basic Incentives or
MISREPRESENTATION shall constitute grounds for rejection of an application or termination of incentives at the
discretion of the City.
I understand that the approval of fee waivers and other incentives shall not be deemed to be approval of any aspect
of the project. I understand that I am responsible for obtaining required permits and inspections from the City and
in ensuring the project is located in the correct zoning district.
I understand that my application will not be processed if it is incomplete. If the application is not complete within
30 days, it will be withdrawn and application fees paid will not be reimbursed. I agree to provide any additional
information for determining eligibility as requested by the City.
I understand that if there are taxes due or liens against any property owned in the City of Fort Worth I may not be
eligible for NEZ basic incentives.
I understand that I must pay all associated fees at the time of project application and/or permit submittal if I wish
to submit permits prior to determination of NEZ eligibility.
I understand that some permits may not be issued while NEZ eligibility is being established.
' a'.409
Marie A. Bell8-29-2016
Printed Name of Property Owner gign ure of rope Owner Date
Please mail,e-Mail or bring your completed application to:
City of Fort Worth Planning and Development Department
1000 Throckmorton Street,Fort Worth,Texas 76102
E-Mail: DevNezProgram@fortworthtexas.gov
An electronic version of this form is available on our website. For more information on the NEZ Program for
Basic Incentives,please visit our web site at http://fortwortlitexas. o�ghborhoods/NEZ/or contact our office
at(817)392-2222 or DevNezProgram@fortworthtexas.gov.
For more information on Tax Abatements, see the above website or contact Neighborhood Services at
(817)392-7316.
XKN
Project certified for NEZ Basic Incentives: If yes, Certified By:
a,:t&1'
If not certified,reason for denial: v
Revised 05/2016 JLE
Exhibit 3
Project Description
Construction of an approximately 630 square foot commercial building. Pier&beam
foundation, hardy plank exterior. Air conditioned, %2 bathroom and sinks with storage and
cabinets above. Drive through order and pick up windows.
Exhibit 3
AJ's Shaved Ice
5319 Ramey Avenue
Fort Worth, Texas 76105
Elevation View
u - -
Front Elevation (18 ft. wide) Back Elevation (18 ft. wide)
-- — - ------------_.... -- --- - - - - - --
LLU... _.
r
--------
77777-77---------
Right
Right Elevation (32 ft. length) Left Elevation (32 ft. length)
Length 30-32 Feet Width 16-18 Feet
IFreezers&Block Ice Maker& I
IStorage Shelves
I %_
Bathroom
Refrigerator,sinks
I and storage I
shelves above.
I I
I I
I I
I I
I
IDrive-Thru Order Window
Drive-Thru Pick-up Window
I I
I I
I I
I I
I I
Pick-up Window
IOrder Window
I ?
PORCH I
15'-5"x T-T I
Drive Through
Exhibit 4
Final Construction Invoices
Will be provided to City after construction is complete and final Certificate of
Occupancy is issued.
M&C Review
Official
CITY COUNCIL AGENDA FORT1
COUNCIL ACTION: Approved on 12/6/2016
DATE: 12/6/2016 REFERENCE C-28015 LOG NAME: 19NEZ 5319RAMEY
NO..
CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of a Five-Year Tax Abatement Agreement with Marie Bell for the
Construction of a Commercial Building for Use as AJ's Shaved Ice Located at 5319
Ramey Avenue in the Stop Six Neighborhood Empowerment Zone (COUNCIL
DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Five-Year Tax Abatement
Agreement with Marie Bell for the construction of a commercial building for use as AJ's Shaved Ice
located at 5319 Ramey Avenue in the Stop Six Neighborhood Empowerment Zone, in accordance
with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives.
DISCUSSION:
Marie Bell (Property Owner) is the owner of the property described as APT Lot 5, being an
approximately 0.25 acre tract of land situated in the Daniel Dulaney Survey, Abstract No. 411, and
being part of Tract 5, Willi Subdivision, an addition in the City of Fort Worth, Tarrant County,
Texas according to the Plat recorded in Volume 309, Page 38 of the Plat Records, said 0.25 acre
tract being a tract of land described in a deed to W.W. Graham in a deed recorded in Volume
9271, Page 1584, Deed Records, Tarrant County, Texas at 5319 Ramey Avenue, Fort Worth,
Texas. The property is located within the Stop Six Neighborhood Empowerment Zone (NEZ).
The Property Owner plans to invest an estimated amount of$26,822.00 to construct an
approximately 630 square foot commercial building for use as AJ's Shaved Ice (Project). The
Neighborhood Services 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 Municipal Property Tax Abatement on the increased
value of improvements to the qualified owner of any new construction or rehabilitation within the
NEZ.
Upon execution of the Agreement, the total assessed value of the improvements used for
calculating municipal property tax will be frozen for a period of five years starting January 2017 at
the estimated pre-improvement value as defined by the Tarrant Appraisal District (TAD) in 2016 for
the property as follows:
Pre-Improvement TAD Value of Improvements $ 0.00
Pre-Improvement Estimated Value of Land $5,445.00
Total Pre-Improvement Estimated Value $5,445.00
The municipal property tax on the improved value of Project after construction is estimated in the
http://apps.cAvnet.org/council_packet/mc_review.asp?ID=24127&councildate=12/6/2016[12/07/2016 2:35:59 PM]
M&C Review
amount of$229.00 per year for a total amount of $1,145.00 over the five-year period. However,
this estimate may differ from the actual tax abatement value, which will be calculated based on the
Tarrant Appraisal District appraised value of the property.
The Tax Abatement Agreement may be assigned to an affiliate of the Property Owner without the
consent of the City Council. If the property is sold to a new owner, other than an affiliate, the
Agreement may be assigned only with City Council approval and provided that the new owner
meets all of the eligibility criteria as stated in the NEZ Tax Abatement Policy and Basic Incentives.
This property is located in COUNCIL DISTRICT 5, Mapsco 79Q.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of the above recommendations will have no material
effect on the Fiscal Year 2017 Budget. While no current year impact is anticipated from this
action, upon approval, reduced revenues will be included in the long-term forecast associated with
years 2018 - 2022.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID I I Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aubrey Thagard (8187)
Additional Information Contact: Sarah Odle (7316)
ATTACHMENTS
5319 Ramey Ave Map for Council.pdf
Elevations and Site Plan.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24127&councildate=12/6/2016[12/07/2016 2:35:59 PM]