HomeMy WebLinkAboutContract 54039 C9T�SECRETARY q
FORTWORTH,
�rtis �p�Y NEIGHBORHOOD EMPOWERMENT ZONE
TAX ABATEMENT AGREEMENT
Rehabilitation single-family-owner
2941 Travis 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, in accordance
with the authority granted under Chapter 378 of the Texas Local Government Code, and Patrick J. Wells,
owner of property located 2941 Travis Avenue, Lot 10 and part of Lot 9, Block 22, South Hemphill
Heights Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat
recorded in Volume 106,Page 132, of the Deed Records of Tarrant County, Texas.
The City Council of the City of Fort Worth ("City Council") hereby finds and the City and Owner
hereby agree that the following statements are true and correct and constitute the basis upon which the City
and Owner have entered into this Agreement:
A. On January 29, 2019 the Fort Worth City Council adopted Ordinance No. 23552 (the
"Ordinance") establishing "Neighborhood Empowerment Reinvestment Zones No.1R through 6R" City
of Fort Worth, Texas (the "Zones") and adopted Resolution No. 5042 establishing "Designation of the
Neighborhood Empowerment Zone Areas One through Six" (the "NET').
B. Owner owns certain real property located entirely within Zone 6R and that is more particularly
described in Exhibit"I". attached hereto and hereby made a part of this Agreement for all purposes (the
"Premises").
C. Owner or its assigns plan to construct the Required Improvements, as defined in Section 1.1 of
this Agreement, on the Premises (the "Project").
D. On March 10,2019, 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.
E. The contemplated use of the Premises, the Required Improvements 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.
F. 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 presi ot�iey�erning
bodies of each of the taxing units in which the Premises is located.
FRU"A"L E sir rs�
Page 1 F� wo,VIT H,
NEZ Tax Abatement Agreement-Patrick J.Wells
2941 Travis Avenue
M&C C-29148 Approved:June 11,2019
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 a rehabilitation of a duplex into a single-family residence,of approximately
2300 square feet in size and built to the specifications listed in Exhibit"3", (collectively the "Required
Improvements"). Owner shall provide a survey of the home upon completion of the Required
Improvements. The parties agree that the final survey shall be a part of this Agreement and shall be
labeled Exhibit "4". 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 Section 1.3.
1.2. Completion Date of Required Improvements.
Owner covenants to complete construction of all of the Required Improvements by June 11,
2021,(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 passing the final inspections for the Required Improvements by the Planning and
Development Department.
1.3. Use of Premises.
Owner covenants that the Required Improvements shall be constructed and continuously
used as the primary residence of the Home Owner in accordance with the NEZ Incentives. In
addition,Owner covenants that throughout the Term,the Required Improvements shall be maintained
for the purposes set forth in this Agreement.
2. ABATEMENT AMOUNTS, TERMS AND CONDITIONS.
Subject to and in accordance with this Agreement, the City hereby grants to Owner a real property
tax abatement of City of Fort Worth-imposed taxes on the Premises for the Required Improvements, as
specifically provided in this Section 2 ("Abatement"). Abatement does not include taxes 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 Premises due to the Required Improvements, over its value as determined
by Tarrant Appraisal District in May 2019, and this amount is $28,584.00.
If the square footage requirement 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.
Page 2
NEZ Tax Abatement Agreement-Patrick J.Wells
2941 Travis Avenue
M&C C-29148 Approved:June 11.2019
2.1. Amount of Abatement.
The actual amount of the Abatement granted under this Agreement shall be based upon the
increase in value of the Premises due to the Required Improvements, over its value as determined
by Tarrant Appraisal District in May 2019, and this amount is $28,584.00.
If the square footage requirement 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 in Value.
The Abatement shall be 100% of the increase in value from the construction of the Required
Improvements up to a maximum of$203,964.00 and shall apply only to taxes on the increase in
value of the Premises due to construction of the Required Improvements. In other words, by way of
example only, if the increase in value of the Required Improvements over its value in May 2019, in
a given year is $205,000.00, 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$203,964.00. The
Abatement shall not apply to taxes on the land,nor shall the abatement apply to mineral interests.
2.3. Term of Abatement.
The term of the Abatement ( "Term") shall begin on January 1 of the year following the
calendar year in which the Required Improvement is completed ('Beginning Date") and, unless
sooner terminated as herein provided, shall end on December 31 immediately preceding the fifth(5t')
anniversary of the Beginning Date.
2.4 Protests Over Appraisals or Assessments.
Owner shall have the right to protest and contest any or all appraisals or assessments of the
Premises and/or improvements thereon.
2.5. Abatement Application Fee.
The City acknowledges receipt from Owner of the required Application fee of$100.00. The
application fee shall not be credited or refunded to Owner or its assigns for any reason.
3. RECORDS,AUDITS AND EVALUATION OF REQUIRED IMPROVEMENTS.
3.1. Inspection of Premises.
Between the execution date of this Agreement and the last day of the Term, at any time during
normal office hours throughout the Term and the year following the Term and following reasonable
notice to Owner, the City shall have and Owner shall provide access to the Premises in order for the
City to inspect the Premises and evaluate the Required Improvements to ensure compliance with the
terms and conditions of this Agreement. Owner shall cooperate fully with the City during any such
inspection and/or evaluation.
Page 3
NEZ Tax Abatement Agreement-Patrick J.Wells
2941 Travis Avenue
M&C C-29148 Approved:June 11.2019
3.2. Certification.
Owner shall certify annually to the City that it is in compliance with each applicable term of
this Agreement.The City shall have the right to audit at the City's expense the Required Improvement
with respects to the specifications listed in Exhibit "3". Owner must provide documentation that
Owner is using the Required Improvements as its primary residence (collectively, the "Records") at
any time during the Compliance Auditing Term in order to determine compliance with this
Agreement. Owner shall make all applicable Records available to the City on the Premises or at
another location in the City following reasonable advance notice by the City and shall otherwise
cooperate fully with the City during any audit.
3.3 Provision of Information.
On or before March 1 following the end of every year during the Compliance Auditing Term
and at any other time if requested by the City, Owner shall provide information and documentation
for the previous year that addresses Owner's compliance with each of the terms and conditions of this
Agreement for that calendar year.
Failure to provide all information within the control of Owner required by this Section
3.3 shall constitute an Event of Default, as defined in Section 4.1.
3.4 Determination of Compliance.
On or before August 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 ruling. The actual percentage of the
Abatement granted for a given year of the Term is therefore based upon Owner's compliance with the
terms and conditions of this Agreement during the previous year of the Compliance Auditing Term.
4. EVENTS OF DEFAULT.
4.1. Defined.
Unless otherwise specified herein, Owner shall be in default of this Agreement if(i) Owner
fails to construct the Required Improvements as defined in Section 1.1.; (ii) ad valorem real property
taxes with respect to the Premises or the Required Improvements, or its ad valorem taxes with respect
to the tangible personal property located on the Premises, become delinquent and Owner does not
timely and properly follow the legal procedures for protest and/or contest of any such ad valorem real
property or tangible personal property taxes; (iii) OWNER DOES NOT USE THE PREMISES AS
PRIMARY RESIDENCE ONCE THE ABATEMENT BEGINS; or (iv) OWNER DOES NOT
COMPLY WITH CHAPTER 7 AND APPENDIX B OF THE CODE OF ORDINANCES OF
THE CITY OF FORT WORTH(collectively, each an "Event of Default").
4.2. Notice to Cure.
Subject to Section 5, if the City determines that an Event of Default has occurred, the City
shall provide a written notice to Owner that describes the nature of the Event of Default. Owner shall
have sixty(60) calendar days from the date of receipt of this written notice to fully cure or have cured
the Event of Default. If Owner reasonably believes that Owner will require additional time to cure
Page 4
NEZ Tax Abatement Agreement-Patrick J.Wells
2941 Travis Avenue
M&C C-29148 AnDroved:June 11.2019
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 Damages.
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
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 amount is a reasonable approximation of actual
damages that the City will incur as a result of an uncured Event of Default and that this Section 4.3 is
intended to provide the City with compensation for actual damages and is not a penalty. This amount
may be recovered by the City through adjustments made to Owner's ad valorem property tax appraisal
by the appraisal district that has jurisdiction over the Premises. Otherwise, this amount shall be due,
owing and paid to the City within sixty (60) days following the effective date of termination of this
Agreement. In the event that all or any portion of this amount is not paid to the City within sixty(60)
days following the effective date of termination of this Agreement, Owner shall also be liable for all
penalties and interest on any outstanding amount at the statutory rate for delinquent taxes, as
determined by the Code at the time of the payment of such penalties and interest (currently, Section
33.01 of the Code).
4.4. Termination at Will.
If the City and Owner mutually determine that the development or use of the Premises or the
anticipated Required Improvements are no longer appropriate or feasible, or that a higher or better use
is preferable, the City and Owner may terminate this Agreement in a written format that is signed by
both parties. In this event, (i) if the Term has commenced, the Term shall expire as of the effective
date of the termination of this Agreement; (ii) there shall be no recapture of any taxes previously
abated; and(iii)neither party shall have any further rights or obligations hereunder.
4.5 Sexually oriented business & Liquor Stores or Package Stores.
a. Owner understands and agrees that the City has the right to terminate this agreement if
the Required Improvements contains or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the right to terminate this agreement
as determined in City's sole discretion if the Required Improvements contains or will contain a
liquor store or package store.
Page 5
NEZ Tax Abatement Agreement-Patrick J. Wells
2941 Travis Avenue
M&C C-29148 Approved:June It.2019
5. EFFECT OF SALE OF PREMISES.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the Required
Improvements as its primary residence or the homeowner's mortgagee which City Council hereby agrees to,
the Abatement granted hereunder shall vest only in Owner;however if Owner sells the Premises and Required
Improvements,this Abatement cannot be assigned to a new owner of all or any portion of the Premises and/or
Required Improvements without the prior consent of the City Council, which consent shall not be
unreasonably withheld provided that (i) the City Council finds that the proposed assignee is financially
capable of meeting the terms and conditions of this Agreement and (ii) the proposed purchaser agrees in
writing to assume all terms and conditions of Owner under this Agreement. Owner may not otherwise assign,
lease or convey any of its rights under this Agreement. Any attempted assignment without the City Council's
prior consent shall constitute grounds for termination of this Agreement and the Abatement granted hereunder
following ten(10) calendar days of receipt of written notice from the City to Owner.
Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required
Improvements as 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
written consent of City Council,Owner shall have no further duty or obligation under this Agreement.
IN NO EVENT SHALL THE TERM OF THIS AGREEMENT BE EXTENDED IN THE EVENT OF
A SALE OR ASSIGNMENT.
THE FAILURE OF OWNER TO SEND THE CITY NOTIFICATION OF THE SALE OF THE
REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF THIS
AGREEMENT WITH THE NEW OWNER WITHIN 30 DAYS OF THE TRANSFER OF
OWNERSHIP OF THE REQUIRED IMPROVEMENTS SHALL RESULT IN THE AUTOMATIC
TERMINATION OF THIS AGREEMENT. THE NOTICE AND EXECUTED ASSIGNMENT
MUST BE SENT TO THE CITY BY CERTIFIED MAIL OR BY HAND DELIVERY.
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 Patrick J. Wells
Attn: City Manager 1901 South Adams
200 Texas Street Fort Worth, Texas 76110
Fort Worth, Texas 76102
and
Neighborhood Services Department
Attn: Director
200 Texas Street
Fort Worth, Texas 76102
Page 6
NEZ Tax Abatement Agreement-Patrick J. Wells
2941 Travis Avenue
M&C C-29148 Annroved:June 11.2019
7. MISCELLANEOUS.
7.1. Bonds
The Required Improvements will not be financed by tax increment bonds. This Agreement is
subject to the rights of holders of outstanding bonds of the City.
7.2. Conflicts of Interest.
Neither the Premises nor any of the Required Improvements covered by this Agreement are
owned or leased by any member of the City Council, any member of the City Planning or Zoning
Commission or any member of the governing body of any taxing units in the Zone.
7.3. Conflicts Between Documents.
In the event of any conflict between the City's zoning ordinances, or other City ordinances or
regulations, and this Agreement, such ordinances or regulations shall control. In the event of any
conflict between the body ofthis Agreement and Exhibit"3",the body ofthis Agreement shall control.
7.4. Future Application.
A portion or all of the Premises and/or Required Improvements may be eligible for complete
or partial exemption from ad valorem taxes as a result of existing law or future legislation. This
Agreement shall not be construed as evidence that such exemptions do not apply to the Premises
and/or Required Improvements.
7.5. City Council Authorization.
This Agreement was authorized by the City Council through approval of Mayor and Council
Communication No. C-29148 on June 11, 2019, which, among other things, authorized the City
Manager to execute this Agreement on behalf of the City.
7.6. Estonnel Certificate.
Any party hereto may request an estoppel certificate from another party hereto so long as the
certificate is requested in connection with a bona fide business purpose. The certificate, if requested,
will be addressed to the Owner, and shall include, but not necessarily be limited to, statements that
this Agreement is in full force and effect without default (or if an Event of Default exists, the nature
of the Event of Default and curative action taken and/or necessary to effect a cure),the remaining term
of this Agreement, the levels and remaining term of the Abatement in effect, and such other matters
reasonably requested by the party or parties to receive the certificates.
7.7. Owner Standing.
Owner shall be deemed a proper and necessary party in any litigation questioning or
challenging the validity of this Agreement or any of the underlying laws, ordinances, resolutions or
City Council actions authorizing this Agreement and Owner shall be entitled to intervene in any such
litigation.
Page 7
NEZ Tax Abatement Agreement-Patrick J.Wells
2941 Travis Avenue
M&C C-29148 Approved:June 11.2019
7.8. Venue and Jurisdiction.
This Agreement shall be construed in accordance with the laws of the State of Texas and
applicable ordinances, rules, regulations or policies of the City. Venue for any action under this
Agreement shall lie in the State District Court of Tarrant County, Texas. This Agreement is
performable in Tarrant County, Texas.
7.9. Severability.
If any provision of this Agreement is held to be invalid,illegal or unenforceable,the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
7.10 Headings Not Controlling.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
7.11. Entirety of Agreement.
This Agreement, including any exhibits attached hereto and any documents incorporated
herein by reference, contains the entire understanding and agreement between the City and Owner,
their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement. This Agreement shall not be amended unless executed in
writing by both parties and approved by the City Council. This Agreement may be executed in
multiple counterparts,each of which shall be considered an original,but all of which shall constitute
one instrument.
Page 8
NEZ Tax Abatement Agreement-Patrick J.Wells
2941 Travis Avenue
M&C C-29148 Approved:June 11.2019
CITY OF FORT WORTH: O R:
By: ��.-....1.�,�— By:
Fernando Costa Patrick J. Wells
Assistant City Manager
®� '� ..
ATTEST: A.
By.Mary Kay � `� ....
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By: aP- 0",4
Melinda Ramos
Sr. Assistant City Attorney
M& C: C-29148
Date Approved: June 11, 2019
FFUL
UTY SECRETARY
FT.a ORTHO tl X
Page 9
NEZ Tax Abatement Agreement-Patrick J.Wells
2941 Travis Avenue
M&C C-29148 Annroved:June 11.2019
STATE OF TEXAS §
COUNTY OFARRANT §
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.
NEN UNDER MY HAND AND SEAL OF OFFICE this day of
2W.
Nota Public in and for EL
Y MARIAS,SANCHEZ
the State of Texas My Notary ID#2256490
Expires December ec„ r 19,2021
STATE OF TEXAS §
COUNTY OFARRANT §
BEFORE ME,the undersigned authority, on this day personally appeared Patrick J.Wells,
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.
GIVEN kJNDER MY HAND AND SEAL OF OFFICE this 17 day of
, 2019.
Notaiy ublic in and for
SARAN J. ODIE
the State of Texas ;;���
is�1�4�o Notary Public.state of iexos
4ZZ Comm. Expires 11-05-2019
�'h�rE•OF��}� Notary ID 6215320
/1111111\\\
OF➢11Cy[i,�-1f! kECc,UkalJ
Page 10 11 Won RI H, 710,1"
NEZ Tax Abatement Agreement-Patrick J.Wells
2941 Travis Avenue
M&C C-29148 ADDroved:June 11,2019
Exhibit 1: Property Description
Exhibit 2: Application: (NEZ) Incentives and Tax Abatement
Exhibit 3: Required Improvements description
Page 11
NEZ Tax Abatement Agreement-Patrick J.Wells
2941 Travis Avenue
M&C C-29148 Approved:June 11.2019
Exhibit 1
Property Description
2941 Travis Avenue, Lot 10 and part of Lot 9, Block 22, South Hemphill Heights Addition, an
Addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in
Volume 106,Page 132, of the Deed Records of Tarrant County, Texas.
Exhibit 2
FORT WORTH- Application No. 1�Z, �zit' 44
City of Fort Worth
Neighborhood Empowerment Zone (NEZ) Application for Incentives
Applicant Information
Property �� <���� J
Owner/Developer ' � '
Last First M.1.
Address: k I0 t S A-"'� fr_+ 'r+Ut TK
Street Address City State Zip
Owner Phone: &--I Owner Email: wJu,I�l`ly `a-:cM'.:1 .co
Contact: ia,AAs P.��A._ \1J
(If d fJerent) Last First M.1.
Phone: Email: pw-29-s 1�4�u G 2m-L�l •�•-,
j
I
NEZ certifications are project and o vner specific.Please describe your project:
i
V�� V�euo�.i•Q"lo•1� — c:�^��(�-'��'-1 !fin-w��l�.w-'��'�
I
Project Ty e
❑ ❑ ❑ ❑ ❑
Single Family Multi- Family Commercial Industrial Community Facilities Mixed-Use
r
Project Address: A,,
Street Address
Legal Description: Lu)- (y 1PT`1 17R\01L1 Zz Su 1} n til
Lot Block Addition
YES NO YES NO
New Construction/Addition: ❑ E�K Remodel/Rehab: 2"� ❑
Total New Sq.Ft. Total Development Cost: A((0'`"J"
YES NO
Will the NEZ certified property be occupied by the property owner? ❑
If you selected No,please specify if this property will be Sold or used as a Rental:
If your project is a Mixed Use project,please list all specific uses that are being proposed:
YO
Do you wish to apply for a Municipal Property Tax abatement for this project.
R
If the above answer is yes,please contact the City of Fort Worth Neighborhood Services Department at
(817)392-7316 or visit http://fortwor-thtcxas.gov/neighborhoods/NEZ/for additional information. All tax abatements
must be presented to the Fort Worth City Council for a vote.Tax Abatements are processed after NEZ certification.
YES NO
Do you wish to apply for a release of certain City liens? ❑
I
Weed,Paving,Demolition and Board Up/Open Structure liens may be released
i
Revised 211119 VR-SO
t
i
FORT WORTH,. Application No. 1�j\q
City of Fort Worth
Neighborhood Empowerment Zone (NEZ) Application for Incentives
For Zoning ifffice - •nly
YES NO
Does the specified project conform to City of Fort Worth Zoning Regulations? [1 ❑
YES NO
Will a Zoning Chan El
application be necessary for this project?
Current Zoning: A"J Proposed Zoning: A-S_
Signature of Zoning Staff: Q AC Date:
Acknowled.ements
PLEASE INITIAL NEXT TO EACH STATEMENT
rI understand that my application will not be processed if it is incomplete.I agree to provide any additional
ation for determining eligibility as requested by the City.If the additional information is not submitted within
30 days, the application will be denied and application fees paid will not be reimbursed.
'�_I hereby certify that the information provided is true and accurate to the best of my luiowledge.
I hereby acknowledge that I have read the NEZ Incentives, which governs the granting of tax abatements,
fvers 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
a pert 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 if there are taxes due or liens against any property I own in the City of Fort Worth I may
ndf be eligible for NEZ incentives.
I understand that I must pay all associated fees at the time of project application and/or permit submittal if
I ish to submit permits prior to determination of NEZ eligibility.This includes setting up an escrow account with
the City. I understand that some permits may not be issued while NEZ eligibility is being established. Example:
Applications that are requesting Tax Abatement
Printed Name of Property Signature of Property Date
Owner/Developer Owner/Developer
Revised 211/19 VR-SO
FORT WORTH,, Applicatiori No.", =_bb�
City of Fort Worth
Neighborhood Empowerment Zone (NEZ) Application for Incentives
Please submit your completed application in person to:
City of Fort Worth Planning and Development Department
200 Texas Street,Fort Worth,Texas 76102
To apply online: https://aceela.fortworthtexas.gov/citizenaccess/
For more information on the NEZ Program Incentives,please visit our web site
at http://foitworthtexas.gov/neighborhoods/NEZi or contact our office at(817)392-2222
or nez.devnezprogram a fortworthtexas.gov
For more information on Tax Abatements, see the above website or contact the
Neighborhood Services Department at(817) 392-7316.
For Planning and Dove opment Office Use •
YES NO
Project certified for NEZ Basic Incentives: ❑ ❑ Certified By/Date:
If not certified,reason for denial:
I
I
i
I '
i
Revised 2/1119 VR-SO
9
Exhibit 3
Project Description
Rehabilitation of a multi family residence to a single family residence
• 2,300 square feet living space
• Interior: Gutting existing and put in new HVAC,plumbing, electric insulation,
sheetrock, floors,windows, doors,roof, cabinets, counters, fixtures, hardware, and
plantation shutters.
• Exterior: Strip exterior facia to original 117 siding,repair front porch, add back patio,
replace exterior lighting add front and rear fencing,parking on side of house, and put
in new landscaping.
M&C Review
Official
CITY COUNCIL AGENDA FORTWORTII
COUNCIL ACTION: Approved on 6/11/2019
DATE: 6/11/2019 REFERENCE NO.:C-29148 LOG NAME: 192941TRAVISAVE
CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Execution of a Five-Year Tax Abatement Agreement with Patrick J. Wells for
the Rehabilitation of a Single-Family Dwelling Located at 2941 Travis Avenue in
Neighborhood Empowerment Zone Area 6 (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Five-Year Tax Abatement
Agreement with Patrick J. Wells for the rehabilitation of a former duplex to a single-family dwelling
located at 2941 Travis Avenue in Neighborhood Empowerment Zone Area 6, in accordance with
the Neighborhood Empowerment Zone Program Basic Incentives and Tax Abatement Policy.
DISCUSSION:
Patrick J. Wells (Property Owner) is the owner of the property described as Lot 10 and a part of Lot
9, Block 22, South Hemphill Heights Addition, an addition to the City of Fort Worth, according to the
plat recorded in Volume 106, Page 132, Deed Records, Tarrant County, Texas, at 2941 Travis
Avenue, Fort Worth, Texas. The property is located within Neighborhood Empowerment Zone Area
6 (NEZ).
The Property Owner plans to invest an estimated amount of$176,000.00 to rehabilitate a former
duplex into a single-family residence (Project). The Project will be used as the homeowner's
primary residence.
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 2020 at
the estimated pre-improvement value as defined by the Tarrant Appraisal District (TAD) in May
2019 for the property as follows:
Pre-Improvement TAD Value of Improvements $28,584.00
Pre-Improvement Estimated Value of Land $10,000.00
Total Pre-Improvement Estimated Value $38,584.00
The municipal property tax on the improved value of the Project after construction is estimated in
the amount of$1,382.00 per year for a total amount of$6,910.00 over the five-year period.
However, this estimate may differ from the actual tax abatement value, which will be calculated
http://apps.cffivnet.org/council_packet/mc_review.asp?ID=27074&councildate=6/11/2019[6/17/2019 10:42:14 AM]
M&C Review
based on the Tarrant Appraisal District appraised value of the property.
In the event of a sale of this property, the Tax Abatement Agreement may be assigned to a new
owner's first mortgage or a new owner as a primary residence. All other assignments must be
approved by the City Council.
This property is located in COUNCIL DISTRICT 9.
This M&C does not request approval of a contract with a business entity.
A Form 1295 is not required for this contract because: This M&C does not request approval of a
contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations an estimated
$6,910.00 in property taxes will be abated over the five year period from 2020-2024. This amount
will be included in the City's five year financial forecast.
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 Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sonia Singleton (5774)
Additional Information Contact: Sarah Odle (7316)
ATTACHMENTS
2941 Travis Avenue Map for Council.pdf
Current Condition.pdf
Proposed Redevelopment.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27074&councildatc=6/11/2019[6/17/2019 10:42:14 AM]