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HomeMy WebLinkAboutContract 43479 (2)C1TV SECRETARY b coNTRACTNO. It I TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A NEIGHBORHOOD EMPOWERMENT ZONE 5408 Woodway Drive 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 T.M. Higgins, its duly authorized City Manager, and Mitchell Reitman dba Reitman Property LLC, ("Owner") of property located at 5408 Woodway Drive, Lot 8, Block 30, Wedgwood Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388-05, Page 18, 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. 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 17, 2011 (Resolution No. 3986). The May 17, 2011 NEZ Incentives are attached hereto as Exhibit "1" hereby made a part of the Agreement for all purposes. 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"). OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX oB07 -12 P02:45 IN E. On April 19, 2005, the City Council adopted Ordinance No. 16383 ("Ordinance") establishing the Wedgwood Square area as "Neighborhood Empowerment Reinvestment Zone No 24," City of Fort Worth Texas ("Zone"). This reinvestment zone was renewed on December 7, 2010 by the City Council and the adopted Ordinance No. 19467. F. Owner owns certain real property located entirely within the Zone and that is more particularly described in Exhibit "2", attached hereto and hereby made a part of this Agreement for all purposes (the "Premises '). G. Owner or its assigns plan to rehab a building interior and exterior to use as office space, more particularly described in Section 1.1 ot this Agreement, on the Premises (the "Project"). H. On May 16 2012 Owner submitted an application for tax abatement to the City concerning the Premises (the "Application"), attached hereto as Exhibit "3" 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 along with a copy of this Agreement, has been furnished in the manner prescribed by the Code to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located. NOW, THEREFORE, the City and Owner, for and in consideration of the terms and conditions set forth herein, do hereby contract, covenant and agree as follows: 1. OWNER'S COVENANTS. 1.1. Real Property Improvements. Owner shall construct, or cause to be constructed, on and within the Premises certain improvements consisting of an interior and exterior remodel, and having a construction cost upon completion of $71,000.00 but such minimum construction costs shall be reduced by any construction cost saving (collectively, the `Required Improvements"). The kind and type ot remodel are more particularly described in Exhibit "4". Tarrant Appraisal District must appraise the property (improvements and land) within 10% of $71,000.00. Owner shall provide a copy of the final construction invoices to City once the remodel is complete; the construction invoices shall be a part of this Agreement and shall be labeled Exhibit "5". 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 the Application for Tax Abatement shall not constitute an Event of Default, as defined in Section 4.1, provided that the conditions in the first sentence of this Section 1.1 are met and the Required Improvements are used for the purposes and in the manner described in Exhibit "4 '. 1.2. Completion Date of Required Improvements. Owner covenants to complete construction of all of the Required Improvements by July 17 2014 (the "Completion Deadline"). 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. Provided however, if the Owner fails to complete construction of the Required Improvements by the Completion Deadline or fails to expend at least Seventy One Thousand Dollars ($71,000 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. 1.3. Use of Premises. Owner covenants that the Required Improvements shall be constructed and the Premises shall be continuously used as an office and in accordance with the description of the Project set forth in the Exhibit "4'. In addition, Owner covenants that throughout the Term, the Required Improvements shall be operated and maintained for the purposes set forth in this Agreement and in a manner that is consistent with the general purposes of encouraging development or redevelopment of the Zone. 2. ABATEMENT AMOUNTS, TERMS AND CONDITIONS. Subject to and in accordance with this Agreement, the City hereby grants to Owner 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 Premises and the Required Improvements over their values on June 25, 2012, and this amount is $212,734.00 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. T'he 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. 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 Premises over its value on June 25, 2012, including the Required Improvements, up to a maximum of $106,500.00. In other words, by way of example only, if the increase in value of the Premises over its value on June 25 2012, including the Required Improvements, in a given year is $300,000.00, Owner's Abatement for that tax year shall be capped and calculated as if the appraised value of the Premises for that year had only been $106,500.00. 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 provided, shall end on December 31 immediately preceding the fifth (5th) 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 dunng 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 April 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 tor 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. 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 seal 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 one hundred twenty (120) calendar days from the original date of receipt of the written notice, or (ii) if Owner reasonably believes that Owner will require more than one hundred twenty (120) 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 Damaues. 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. 1 he 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 'ippi aisal 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 etfective 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 etfective 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. 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 teiininate 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. Company may assign this Agreement and all or any portion of the benefits provided hereunder to an Affiliate without the consent of the City provided that (i) prior to or contemporaneously with the effectiveness of such assignment, Company 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 Company under this Agreement. For purposes of this Agreement, an Affiliate ' means all entities, incorporated or otherwise, under common control with Company, controlled by Company or controlling Company. For purposes of this definition, "control" means fifty percent (50%) or more of the ownership determined by either value or vote. Company 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 Company 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. 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: City of Fort Worth Attn: City Manager 1000 Throckmorton Street Fort Worth, TX 76102 and Housing & Economic Development Department Attn Jay Chapa, Director 1000 Throckmorton Street Fort Worth, TX 76102 7. NIISCELLANEOUS. 7.1. Bonds. Owner: Mitchell Reitman Reitman Property LLC 3805 Trails Edge Road Fort Worth, Texas 76109 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 July 17, 2012, 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. 7.5. City Council Authorization. This Agreement was authorized by the City Council through approval Mayor and Council Communication No. C-25745 on July 17, 2012, 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 Afzreement. 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. EXECUTED this aday of Texas. EXECUTED this / May of • CITY OF FORT WORTH: By: ttnasert-sesa4 Fernando Costa Assistant City Manager ATTEST: By: Mary Kayser, ecretary yottea�i� 2012, by the City of Fort Worth, , 2012, by Mitchell Reitman. By: 4'" Pt, Mitchell Reitman Manager, Reitman Property LLC q.,00ann�nn84•4gs -4FOlio.,4* 000000ctor kiike`P gel*: 0 p )b"0000QoO' VCASto," APPROVED AS TO FORM AND LEGALITYSint I� By:, Melinda 13 ,� f II '4LC+4&i44 a Assistant City Attorney M & C: C-25745 O f f ©IIAL RECORD ©NV SECRETARY WORerlsi9 i' 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 , 2012. en„ otary Public in and for the State of Texas AVoivM J,*v,�zs Notary's Printed Name 4_,Lajt IIwe • EVONIA DANIELS .*_ EXPIRES MY COMMISSION July 10, 2013 4) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Mitchell Reitman, 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, and in the capacity therein stated. GI EN UNDER MY HAND AND SEAL OF OFFICE this /1 t4 day of , 2012. 0 Not y Public in and for The ate of Texas / • LSC? aude eS Notary Printed Name MATDE L SANDERS :�. - MY COMMISSION EXPIRES March 17, 2014 a Exhibit 1: N EZ Incentives Exhibit 2: Property Description Exhibit 3: Application: (NEZ) Incentives and Tax Abatement Exhibit 4: Project description including kind, number, and location of the proposed i mprovements. Exhibit 5: Final Construction Invoices Exhibit 1 CITY OF FORT WORTH NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) TAX ABATEMENT POLICY AND BASIC INCENTIVES I. GENERAL PURPOSE AND OBJECTIVES Chapter 378 of the Texas Local Government Code allows a municipality to create a Neighborhood Empowerment Zone (NEZ) when a "...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." The City, by adopting the following NEZ Tax Abatement Policy and Basic Incentives, will promote affordable housing and economic development in Neighborhood Empowerment Zones. NEZ incentives will not be granted after the NEZ expires as defined in the resolution designating the NEZ. For each NEZ, the City Council may approve additional terms and incentives as permitted by Chapter 378 of the Texas Local Government Code or by City Council resolution. However any tax abatement awarded before the expiration of a NEZ shall carry its full term according to its tax abatement agreement approved by the City Council. As mandated by state law, the property tax abatement under this policy applies to the owners of real property Nothing in the policy shall be construed as an obligation by the City of Fort Worth to approve any tax abatement application. II. DEFINITIONS "Abatement or Tax Abatement" means a full or partial exemption from City of Fort Worth ad valorem taxes on eligible real and personal property located in a NEZ for a specified period on the difference between (i) the amount of increase in the appraised value (as reflected on the certified tax 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). "Affordable Units" means affordable to persons earning less than 80% Area Median Family Income (AMFI) as defined by U.S. Department of Housing and Urban Development (HUD) for single family housing and under 60% AMFI as defined by HUD for rental and multi -family. "Base Value" is the value of the property, excluding land, as determined by the Tarrant County Appraisal District during the year rehabilitation occurs "Building Standards Commission" is the commission created under Sec. 7-77, Article IV. Minimum Building Standards Code of the Fort Worth City Code. Adopted December 7, 2010 1 "Capital Investment" includes only real property improvements such as new facilities and structures, site improvements, facility expansion, and facility modernization. Capital Investment does NOT include land acquisition costs and/or any existing improvements, or personal property (such as machinery, equipment, and/or supplies and inventory). "City of Fort Worth Tax Abatement Policy Statement" means the policy adopted by City Council. "Commercial/Industrial Development Project" is a development project which proposes to construct or rehabilitate commercial/industrial facilities on property that is (or meets the requirements to be) zoned commercial, industrial or mixed use as defined by the City of Fort Worth Zoning Ordinance. "Community Facility Development Project" is a development project which proposes to construct or rehabilitate community facilities on property that allows such use as defined by the City of Fort Worth Zoning Ordinance. 'Eligible Rehabilitation" includes only physical improvements to real property. Eligible Rehabilitation does NOT include personal property (such as furniture, appliances, equipment, and/or supplies). 'Gross Floor Area" is measured by taking the outside dimensions of the building at each floor level, except that portion of the basement used only for utilities or storage, and any areas within the building used for off-street parking. 'Minimum Building Standards Code" is Article IV of the Fort Worth City Code adopted pursuant to Texas Local Government Code Chapters 54 and 214 "Minority Business Enterprise (MBE}" and "Women Business Enterprise (WBE)" is a minority or woman owned business that has received certification as either a certified MBE or certified WBE by either the North Texas Regional Certification Agency (NTRCA) or the Texas Department of Transportation (TxDot) Highway Division. "Mixed -Use Development Project" is a development project which proposes to construct or rehabilitate mixed -use facilities in which residential uses constitute 20 percent or more of the total gross floor area, and office, eating and entertainment, and/or retail sales and service uses constitute 10 percent or more of the total gross floor area and is on property that is (or meets the requirements to be) zoned mixed -use as described by the City of Fort Worth Zoning Ordinance. "Multi -family Development Project" is a development project which proposes to construct or rehabilitate multi -family residential living units on property that is (or meets the requirements to be) zoned multi -family or mixed use as defined by the City of Fort Worth Zoning Ordinance. "New Construction" is a newly constructed improvement requiring a permanent foundation. This excludes accessory structures such as sheds and incidental out buildings. "Primary Residence" is the residence that has a Homestead Exemption on file with Tarrant County Appraisal District. Adopted December 7, 2010 2 "Project" means a "Residential Project'; "Commercial/Industrial Development Project', "Community Facility Development Project; "Mixed -Use Development Project", or a "Multi -family Development Project." "Reinvestment Zone" is an area designated as such by the City of Fort Worth in accordance with the Property Redevelopment and Tax Abatement Act codified in Chapter 312 of the Texas Tax Code, or an area designated as an enterprise zone pursuant to the Texas Enterprise Zone Act, codified in Chapter 2303 of the Texas Govemment Code. I11. MUNICIPAL PROPERTY TAX ABATEMENTS A. RESIDENTIAL PROPERTIES LOCATED IN A NEZ- FULL ABATEMENT FOR 5 YEARS 1. For residential property purchased before NEZ designation, a homeowner shall be eligible to apply for a tax abatement by meeting the following: a. Property is owner -occupied and the primary residence of the homeowner prior to the final NEZ designation Homeowner shall provide proof of ownership by a warranty deed, affidavit of heirship, or a probated will, and shall show proof of primary residence by homestead exemption; and b. Property is rehabilitated after NEZ designation and City Council approval of the tax abatement; G. Homeowner must perform Eligible Rehabilitation on the property after NEZ designation equal to or in excess of 30% of the Base Value of the property; and d. Property is not in a tax -delinquent status when the abatement application is submitted. 2. For residential property purchased after NEZ designation, a homeowner shall be eligible to apply for a tax abatement by meeting the following: a. Property is constructed or rehabilitated after NEZ designation and City Council approval of the tax abatement; b. Property is owner -occupied and is the primary residence of the homeowner. Homeowner shall provide proof of ownership by a warranty deed affidavit of heirship, or a probated will, and shall show proof of pnmary residence by homestead exemption; c. For rehabilitated property, Eligible Rehabilitation costs on the property shall be equal to or in excess of 30% of the Base Value of the property. The seller or owner shall provide the City information to support rehabilitation costs* d. Property is not in a tax -delinquent status when the abatement application is submitted; and e. Property is in conformance with the City of Fort Worth Zoning Ordinance. 3. For investor owned single family property, an investor shall be eligible to apply for a tax abatement by meeting the following: a. Property is constructed or rehabilitated after NEZ designation and City Council approval of the tax abatement; b. For rehabilitated property Eligible Rehabilitation costs on the property shall be equal to or in excess of 30% of the Base Value of the property; Adopted December 7, 2010 3 c. Property is not in a tax -delinquent status when the abatement application is submitted; and d. Property is in conformance with the City of Fort Worth Zoning Ordinance. B. MULTI -FAMILY DEVELOPMENT PROJECTS LOCATED IN A NEZ 1. 100% Abatement for 5 years. If an applicant applies for a tax abatement agreement with a term of five years or Tess. this section shall apply. Abatements for multi -family development projects for up to 5 years are subject to City Council approval The applicant may apply with the Housing and Economic Development Department for such abatement In order to be eligible for a property tax abatement upon completion, a newly constructed or rehabilitated multi -family development project in a NEZ must satisfy the following: At least twenty percent (20%) of the total units constructed or rehabilitated shall be affordable (as defined by the U. S. Department of Housing and Urban Development) to persons with incomes at or below eighty percent (80%) of area median income based on family size and such units shall be set aside for persons at or below 80% of the median income as defined by the U.S. Department of Housing and Urban Development. City Council may waive or reduce the 20% affordability requirement on a case -by -case basis; and (a) For a multi -family development project constructed after NEZ designation, the project must provide at least five (5) residential living units OR have a minimum Capital Investment of $200,000; or (b) For a rehabilitation project, the property must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the property shall be at least 30% of the Base Value of the property Such Eligible Rehabilitation costs must come from the rehabilitation of at least five (5) residential living units or a minimum Capital Investment of $200 000. 2. 1 %-1 00% Abatement of City Ad Valorem taxes up to 10 years If an applicant applies for a tax abatement agreement with a term of more than five years, this section shall apply. Abatements for multi -family development projects for up to 10 years are subject to City Council approval. The applicant may apply with the Housing and Economic Development Department for such abatement. Adopted December 7, 2010 4 Years 1 throuah 5 of the Tax Abatement Aareement Multi -family projects shall be eligible for 100% abatement of City ad valorem taxes for years one through five of the Tax Abatement Agreement upon the satisfaction of the following: At least twenty percent (20%) of the total units constructed or rehabilitated shall be affordable (as defined by the U. S. Department of Housing and Urban Development) to persons with incomes at or below eighty percent (80%) of area median income based on family size and such units shall be set aside for persons at or below 80% of the median income as defined by the U S. Department of Housing and Urban Development. City Council may waive or reduce the 20% affordability requirement on a case -by -case basis; and a. For a multi -family development project constructed after NEZ designation, the project must provide at least five (5) residential living units OR have a minimum Capital Investment of $200,000; or b. For a rehabilitation project, the property must be rehabilitated after NEZ designation Eligible Rehabilitation costs on the property shall be at least 30% of the Base Value of the property. Such Eligible Rehabilitation costs must come from the rehabilitation of at least five (5) residential living units or a minimum Capital Investment of $200,000. Years 6 throuah 10 of the Tax Abatement Aareement Multi -family projects shall be eligible for a 1 %-100% abatement of City ad valorem taxes for years six through ten of the Tax Abatement Agreement upon the satisfaction of the following: a. At least twenty percent (20%) of the total units constructed or rehabilitated shall be affordable (as defined by the U. S. Department of Housing and Urban Development) to persons with incomes at or below eighty percent (80%) of area median income based on family size and such units shall be set aside for persons at or below 80% of the median income as defined by the U S. Department of Housing and Urban Development. City Council may waive or reduce the 20% affordability requirement on a case -by -case basis; and 1. For a multi -family development project constructed after NEZ designation, the project must provide at least five (5) residential living units OR have a minimum Capital Investment of $200,000; or 2. For a rehabilitation project, the property must be rehabilitated after NEZ designation Eligible Rehabilitation costs on the property shall be at least 30% of the Base Value of the property. Such Eligible Rehabilitation costs must come from the rehabilitation of at least five (5) residential living units or a minimum Capital Investment of $200,000. b. Any other terms as City Council of the City of Fort Worth deems appropriate, including, but not limited to: 1. utilization of Fort Worth companies for an agreed upon percentage of the total costs for construction contracts; 2. utilization of certified minority and women owned business enterprises for an agreed upon percentage of the total costs for construction contracts; 3. property inspection; 4. commit to hire an agreed upon percentage of Fort Worth residents Adopted December 7, 2010 5 5. commit to hire an agreed upon percentage of Central City residents 6. landscaping; 7. tenant selection plans; and 8. management plans. C. COMMERCIAL, INDUSTRIAL AND COMMUNITY FACILITIES DEVELOPMENT PROJECTS LOCATED IN A NEZ 1. 100% Abatement of City Ad Valorem taxes for 5 years If an applicant applies for a tax abatement aareement with a term of five years or less, this section shall aDoiv. Abatements for Commercial, Industrial and Community Facilities Development Projects for up to 5 years are subject to City Council approval The applicant may apply with the Housing and Economic Development Department for such abatement. In order to be eligible for a property tax abatement, a newly constructed or rehabilitated commercial/industrial and community facilities development project in a NEZ must satisfy the following: a. A commercial, industrial or a community facilities development project constructed after NEZ designation must have a minimum Capital Investment of $75,000; or b. For a rehabilitation project, it must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the property shall be at least 30% of the Base Value of the property, or $75,000 whichever is greater. 2. 1 %-100% Abatement of Citv Ad Valorem taxes UD to 10 years If an applicant applies for a tax abatement aareement with a term of more than five years. this section shall apply, Abatements agreements for a Commercial, Industrial and Community Facilities Development projects for up to 10 years are subject to City Council approval. The applicant may apply with the Housing and Economic Development Department for such abatement. Years 1 through 5 of the Tax Abatement Agreement Commercial, Industrial and Community Facilities Development projects shall be eligible for 100% abatement of City ad valorem taxes for the first five years of the Tax Abatement Agreement upon the satisfaction of the following: a. A commercial, industrial or a community facilities development project constructed after NEZ designation must have a minimum Capital Investment of $75,000; or b. For a rehabilitation project, it must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the property shall be at least 30% of the Base Value of the property, or $75,000 whichever is greater. Adopted December 7, 2010 6 Years 6 through 10 of the Tax Abatement Agreement Commercial, Industrial and Community Facilities Development projects shall be eligible for 1 %-100% abatement of City ad valorem taxes for years six through ten of the Tax Abatement Agreement upon the satisfaction of the following: a. A commercial, industrial or a community facilities development project constructed after NEZ designation must have a minimum Capital Investment of $75,000 and must meet the requirements of subsection (c) below ; or b. For a rehabilitation project it must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the property shall be at least 30% of the Base Value of the property, or $75,000, whichever is greater and meet the requirements of subsection (c) below. c. Any other terms as City Council of the City of Fort Worth deems appropnate, including, but not limited to: 1 utilization of Fort Worth companies for an agreed upon percentage of the total costs for construction contracts; 2. utilization of certified minonty and women owned business enterprises for an agreed upon percentage of the total costs for construction contracts; 3. commit to hire an agreed upon percentage of Fort Worth residents; 4. commit to hire an agreed upon percentage of Central City residents; and 5. landscaping. D. MIXED -USE DEVELOPMENT PROJECTS LOCATED IN A NEZ 1. 100% Abatement of Citv Ad Valorem taxes for 5 vears If an applicant applies for a tax abatement agreement with a term of five years or less. this section shall aooly. Abatements for Mixed -Use Development Projects for up to 5 years are subject to City Council approval. The applicant may apply with the Housing and Economic Development Department for such abatement In order to be eligible for a property tax abatement, upon completion, a newly constructed or rehabilitated mixed -use development project in a NEZ must satisfy the following a. Residential uses in the project constitute 20 percent or more of the total Gross Floor Area of the project; and b. Office, eating and entertainment, and/or retail sales and service uses in the project constitute 10 percent or more of the total Gross Floor Area of the project; and (1) A mixed -use development project constructed after NEZ designation must have a minimum Capital Investment of $200,000; or (2) For a rehabilitation project, it must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the property shall be at least 30% of the Base Value of the property, or $200,000, whichever is greater. Adopted December 7, 2010 7 2. 1%-100% Abatement of City Ad Valorem taxes up to 10 years, If an applicant applies for a tax abatement agreement with a term of more than five years. this section shall apply. Abatements agreements for a Mixed Use Development projects for up to 10 years are subject to City Council approval. The applicant may apply with the Housing and Economic Development Department for such abatement. Years 1 through 5 of the Tax Abatement Agreement Mixed Use Development projects shall be eligible for 100% abatement of City ad valorem taxes for the first five years of the Tax Abatement Agreement upon the satisfaction of the following: a. Residential uses in the project constitute 20 percent or more of the total Gross Floor Area of the project and b. Office eating and entertainment, and/or retail sales and service uses in the project constitute 10 percent or more of the total Gross Floor Area of the project; and c. A new mixed -use development project constructed after NEZ designation must have a minimum Capital Investment of $200,000, or for a rehabilitation project it must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the property shall be at least 30% of the Base Value of the property, or $200,000, whichever is greater. Years 6 throuah 10 of the Tax Abatement Aareement Mixed Use Development projects shall be eligible for 1-100% abatement of City ad valorem taxes for years six through ten of the Tax Abatement Agreement upon the satisfaction of the following: a. Residential uses in the project constitute 20 percent or more of the total Gross Floor Area of the project and b. Office, eating and entertainment, and/or retail sales and service uses in the project constitute 10 percent or more of the total Gross Floor Area of the project; c. A new mixed -use development project constructed after NEZ designation must have a minimum Capital Investment of $200,0004 or for a rehabilitation project, it must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the property shall be at least 30% of the Base Value of the property, or $200,000, whichever is greater, and d. Any other terms as City Council of the City of Fort Worth deems appropriate, including, but not limited to: 1. utilization of Fort Worth companies for an agreed upon percentage of the total costs for construction contracts; Adopted December 7, 2010 8 2. utilization of certified minority and women owned business enterprises for an agreed upon percentage of the total costs for construction contracts; 3. property inspection; 4. commit to hire an agreed upon percentage of Fort Worth residents 5. commit to hire an agreed upon percentage of Central City residents 6. landscaping; 7. tenant selection plans; and 8. management plans. E. ABATEMENT GUIDELINES 1. If a NEZ is located in a Tax Increment Financing District, City Council will determine on a case -by -case basis if the tax abatement incentives in Section III will be offered to eligible Projects. Eligible Projects must meet all eligibility requirements specified in Section III. 2. A tax abatement shall not be granted for any development project in which a building permit application, excluding grading and/or demolition, has been filed with the City's Planning and Development Department In addition, the City will not abate taxes on the value of real or personal property for any period of time prior to the year of execution of a Tax Abatement Agreement with the City. 3. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order to be considered "eligible" to apply for a tax abatement under this Policy, the Woodhaven Community Development Corporation and the Woodhaven Neighborhood Association must have submitted a letter of support for the Project to the City of Fort Worth 4. Tax Abatements for a new construction project will automatically terminate two years after Council approval of the tax abatement if a building permit has not been pulled and a foundation has not been poured. 5. Tax Abatements for a rehabilitation project will automatically terminate two years after Council approval of the tax abatement if the project is not complete 6. In order to be eligible to apply for a tax abatement, the property owner/developer must: a. Not be delinquent in paying property taxes for any property owned by the owner/developer, except that an owner/developer may enter into a tax abatement agreement with the city of Fort Worth for a specific Project if: 1. the Project meets NEZ tax abatement criteria; and 2. the applicant is not responsible for the tax delinquency for the Property; and 3. the applicant enters into an agreement to pay off the taxes under the guidelines permitted under state law, and 4. the tax abatement shall provide that the agreement shall take effect after the delinquent taxes are paid in full b. Not have any City of Fort Worth liens filed against arty property owned by the applicant property owner/developer. "Liens" include but are not limited to, weed liens, demolition liens, board-up/open structure liens and paving liens. Adopted December 7, 2010 9 7. Projects to be constructed on property to be purchased under a contract for deed are not eligible for tax abatements. 8. Once a NEZ property owner of a residential property (including multi -family) in the NEZ satisfies the criteria set forth in Sections III.A, E.1. and E.2. and applies for an abatement, a property owner may enter into a tax abatement agreement with the City of Fort Worth. The tax abatement agreement shall automatically terminate if the property subject to the tax abatement agreement is in violation of the City of Fort Worth's Minimum Building Standards Code and the owner is convicted of such violation. 9. A tax abatement granted under the criteria set forth in Section III. can only be granted once for a property in a NEZ for a maximum term of as specified in the agreement. If a property on which tax is being abated is sold, the City may assign the tax abatement agreement for the remaining term once the new owner submits an application so long as the new owner complies with all of the terms of the tax abatement agreement 8 A property owner/developer of a multifamily development, commercial, industrial, community facilities and mixed -use development project in the NEZ who desires a tax abatement under Sections III.B, C or D must: a. Satisfy the criteria set forth in Sections III.B, C or D, as applicable, and Sections III.E 1 E 2; and E3. and b. File an application with the Housing and Economic Development Department, as applicable, and c. The property owner must enter into a tax abatement agreement with the City of Fort Worth In addition to the other terms of agreement, the tax abatement agreement shall provide that the agreement shall automatically terminate if the owner receives one conviction of a violation of the City of Fort Worth's Minimum Building Standards Code regarding the property subject to the abatement agreement during the term of the tax abatement agreement; and d. If a property in the NEZ on which tax is being abated is sold, the new owner may enter into a tax abatement agreement on the property for the remaining term. 10. If the terms of the tax abatement agreement are not met, the City Council has the right to cancel or amend the abatement agreement. In the event of cancellation, the recapture of abated taxes shall be limited to the year(s) in which the default occurred or continued. 11. The terms of the agreement shall include the City of Fort Worth's right to: (1) review and verify the applicant's financial statements in each year during the life of the agreement prior to granting a tax abatement in any given year, (2) conduct an on site inspection of the project in each year during the life of the abatement to verify compliance with the terms of the tax abatement agreement, (3) terminate the agreement if the Project contains or will contain a sexually oriented business (4 terminate the agreement, as determined in City's sole discretion, if the Project contains or will contain a liquor store or package store. 12. Upon completion of construction of the facilities, the City shall no Tess than annually evaluate each project receiving abatement to insure compliance with the terms of the agreement. Any incidents of non-compliance will be reported to the City Council. Adopted December 7, 2010 10 On or before February 1st of every year during the life of the agreement, any individual or entity receiving a tax abatement from the City of Fort Worth shall provide information and documentation which details the property owner's compliance with the terms of the respective agreement and shall certify that the owner is in compliance with each applicable term of the agreement Failure to report this information and to provide the required certification by the above deadline shall result in cancellation of agreement and any taxes abated in the prior year being due and payable. 13. If a property in the NEZ on which tax is being abated is sold, the new owner may enter into a tax abatement agreement on the property for the remaining term. Any sale, assignment or lease of the property which is not permitted in the tax abatement agreement results in automatic cancellation of the agreement and recapture of any taxes abated after the date on which an unspecified assignment occurred. F. APPLICATION FEE 1. An application fee of $25.00 for all basic incentives, excluding tax abatements. 2. The application fee for residential tax abatements govemed under Section III.A is $100. 3. The application fee for multi -family, commercial, industrial, community facilities and mixed -use development projects govemed under Sections III.B., C. and D , is one- half of one percent (0.5%) of the proposed Project's Capital Investment, with a $200 minimum not to exceed $2,000 The Application Fee shall not be credited or refunded to any party for any reason. IV. FEE WAIVERS A. ELIGIBLE RECIPIENTS/PROPERTIES 1. City Council shall determine on a case -by -case basis whether a Project that will contain or contains a liquor store or package store is eligible to apply for a fee waiver. 2. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order to be considered "eligible" to apply for a fee waiver under this Policy, the Woodhaven Community Development Corporation and the Woodhaven Neighborhood Association must have submitted a letter of support for the Project to the City of Fort Worth —however, once the NEZ Plan is submitted for the Woodhaven NEZ, this will no longer be required.3. Projects to be constructed on property to be purchased under a contract for deed are not eligible for development fee waivers. 4. In order for a property owner/developer to be eligible to apply for fee waivers for a Project, the property owner/developer a. must submit an application to the City; b. must not be delinquent in paying property taxes for any property owned by the owner/developer or applicant; Adopted December 7, 2010 11 c. must not have any City liens filed against any property owned by the applicant property owner/developer, including but not limited to, weed liens, demolition liens, board-up/open structure liens and paving liens; and d. of a Project that will contain or contains a liquor store, package store or a sexually oriented business has received City Council's determination that the Project is eligible to apply for fee waivers. Approval of the aoolication and waiver of the fees shall not be deemed to be, approval of anv aspect of the Proiect. Before construction. the applicant must ensure that the project is located in the correct zoning district, B. DEVELOPMENT FEES 1. Once the Application for NEZ Incentives has been approved and certified by the City the following fees for services performed by the Citv of Fort Worth for Projects in the NEZ are waived for new construction projects or rehabilitation projects that expend at least 30% of the Base Value of the property on Eligible Rehabilitation costs: a) All Building Permit related Fees (including Plans Review and inspections) except as stated in IV B. 2. below b) Plat Application Fee (including Concept Plan, Preliminary Plat, Final Plat, Short Form Replat) c) Board of Adjustment Application Fee d) Demolition fee e) Structure Moving Fee f) Community Facilities Agreement (CFA) Application Fee g) Zoning Application Fee h) Street and Utility Easement Vacation Application Fee i) Ordinance Inspection Fees j) Consent/Encroachment Agreement Application Fees k) Transportation impact Fees 1) Urban Forestry Application Fees m) Sign Permit Fees 2. Neighborhood Empowerment Zone Fees not waived or reduced as noted in Chapter 7 of the Fort Worth Code include: a.) Investigation Fees b.) Plan Revision Fees c.) Change of Record Fees d.) Inspection outside of normal business hours Reinspection Fee e.) Building Permits where work has not commenced will be charged 3. Other development related fees not specified above will be considered for approval by City Council on a case -by -case basis. C. IMPACT FEES 1. Single family and multi -family residential development projects in the NEZ. Automatic 100% waiver of water and wastewater impact fees will be applied. Adopted December 7, 2010 12 2. Commercial, industrial, mixed -use, or community facility development projects in the NEZ. a. Automatic 100% waiver of water and wastewater impact fees up to $55,000 or equivalent to two 6-inch meters for each commercial, industrial, mixed -use or community facility development project. b. If the project requests an impact fee waiver exceeding $55,000 or requesting a waiver for larger and/or more than two 6-inch meter, then City Council approval is required. Applicant may request the additional amount of impact fee waiver through the Planning and Development Department. V. RELEASE OF CITY LIENS, A. ELIGIBLE RECIPIENTS/PROPERTIES 1. Project must be located in a NEZ. 2. City Council shall determine on a case -by -case basis whether a Project that will contain or contains a liquor store or package store is eligible to receive a release of City liens. 3. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order to be considered "eligible" to apply for release of city liens under this Policy, the Woodhaven Community Development Corporation and the Woodhaven Neighborhood Association must have submitted a letter of support for the Project to the City of Fort Worth. 4. Projects to be constructed on property to be purchased under a contract for deed are not eligible for any release of City Liens. 5. In order for a property owner/developer to be eligible to apply for a release of city liens contained in Section V.B., C., D., and E for a Project, the property owner/developer: a. must submit an application to the City; b. must not be delinquent in paying property taxes for any property owned by the owner/developer, c. must not have been subject to a Building Standards Commission's Order of Demolition where the property was demolished within the last five (5) years; d. must not have any City of Fort Worth liens filed against any other property owned by the applicant property owner/developer. "Liens" includes, but is not limited to weed liens demolition liens, board-up/open structure liens and paving liens; and e. of a Project that contains or will contain a liquor store, package store or a sexually oriented business has received City Council's determination the Project is eligible to receive a release of City Hens. 6. In order for a Rehabilitation Project to qualify for a release of city liens, the owner/developer must spend Eligible Rehabilitation costs on the Property of at lease 30% of the Base Value of the Property. Adopted December 7, 2010 13 7. Liens shall be released once the Project Improvements have been made to the property. 8. Any liens filed after the initial certification of the property shall not be released. B. WEED LIENS The following are eligible to apply for release of weed liens: 1. Single unit owners performing rehabilitation on their properties. 2. Builders or developers constructing new homes on vacant lots. 3. Owners performing rehabilitation on multi -family, commercial, industrial, mixed -use, or community facility properties. 4. Developers constructing new multi -family, commercial, industrial, mixed -use or community facility development projects. C. DEMOLITION LIENS Builders or developers developing or rehabilitating a property for a Project are eligible to apply for release of demolition liens for up to $30,000. Releases of demolition liens in excess of $30,000 are subject to City Council approval. D. BOARD-UP/OPEN STRUCTURE- LIENS The following are eligible to apply for release of board-up/open structure liens: 1. Single unit owners performing rehabilitation on their properties. 2. Builders or developers constructing new single family homes on vacant lots. 3. Owners performing rehabilitation on multi -family, commercial, industrial mixed -use, or community facility properties. 4. Developers constructing multi -family, commercial, industrial, mixed -use, or community facility projects. E. PAVING LIENS The following are eligible to apply for release of paving liens: 1. Single unit owners performing rehabilitation on their properties. 2. Builders or developers constructing new homes on vacant lots. 3. Owners performing rehabilitation on multi -family, commercial, industrial, mixed -use, or community facility properties. 4. Developers constructing multi -family, commercial, industrial, mixed -use, or community facility projects. VI. PROCEDURAL STEPS A. APPLICATION SUBMISSION Adopted December 7, 2010 14 1. The applicant for NEZ incentives under Sections III. IV., and V must complete and submit a City of Fort Worth "Application for NEZ Incentives" and pay the appropriate application fee to the Planning and Development Department, as applicable 2. The applicant for incentives under Sections III.C.2 and D.2 must also complete and submit a City of Fort Worth "Application for Tax Abatement" and pay the appropriate application fee to the Housing and Economic Development Department. The application fee, review, evaluation and approval will be govemed by City of Fort Worth Tax Abatement Policy Statement for Qualifying Development Projects. 3. All NEZ certifications for incentives will expire after five years. 4. NEZ benefits will continue for certified projects (18) eighteen months after a NEZ is terminated or the NEZ boundary changed. B. CERTIFICATIONS FOR APPLICATIONS UNDER SECTIONS III. IV, AND V 1. The Planning and Development Department will review the application for accuracy and completeness. A complete application must include proof that: 1. The Project is located in a NEZ; 2. The Public Notification Process has been completed as stated in section IX; 3. The project is in compliance with the adopted NEZ plan; and 4. The Council Member for the district in which the project is located has approved the project. Once the Planning and Development Department determines that the application is complete, the Planning and Development Department will certify the property owner/developer's eligibility to receive tax abatements and/or basic incentives based on the criteria set forth in Section 111 , IV. and V. of this policy as applicable. Once an applicant's eligibility is certified the Planning and Development Department will inform appropriate departments administenng the incentives. An orientation meeting with City departments and the applicant may be scheduled. The departments include: a. Housing and Economic Development Department: property tax abatement for residential properties and multi -family development projects, release of City liens. b. Housing and Economic Development Department property tax abatement for commercial, industrial, community facilities or mixed -use development projects. G. Planning and Development Department development fee waivers and release of City liens. d. Water Department: impact fee waivers. e. Other appropriate departments, if applicable. C. APPLICATION REVIEW AND EVALUATION FOR APPLICATIONS 1. Property Tax Abatement for Residential Properties and Multi -family Development Projects a. For a completed and certified application for no more than five years of tax abatement, with Council approval, the City Manager shall execute a tax abatement agreement with the applicant. Adopted December 7, 2010 15 b. For a completed and certified multi -family development project application for more than five years of tax abatement (1) The Housing and Economic Development Department will evaluate a completed and certified application based on* (a) The project's increase in the value of the tax base. (b) Costs to the City (such as infrastructure participation, etc.). (c) Percent of construction contracts committed to: (i) Fort Worth based firms and (ii) Minority and Women Owned Business Enterprises (M/WBEs). (d) Other items which the City and the applicant may negotiate. (3) Consideration by the City Council The City Council retains sole authority to approve or deny any tax abatement agreement and is under no obligation to approve any tax abatement application or tax abatement agreement. The City of Fort Worth is under no obligation to provide tax abatement in any amount or value to any applicant. c. Effective Date for Approved Agreements All tax abatements approved by the City Council will become effective on January 1 of the year following the year in which a Certificate of Occupancy (CO) is issued for the qualifying development project (unless otherwise specified in the tax abatement agreement). Unless otherwise specified in the agreement, taxes levied during the construction of the project shall be due and payable. 2. Property Tax Abatement for Commercial, Industrial, Community Facilities, and Mixed -Use Development Projects a. For a completed and certified application for no more than five years of tax abatement, with Council approval, the City Manager shall execute a tax abatement agreement with the applicant. b. For a completed and certified application for more than five years of tax abatement: (1) The Housing and Economic Development Department will evaluate a completed and certified application based art (a) The project's increase in the value of the tax base. (b) Costs to the City (such as infrastructure participation, etc.). (c) Percent of construction contracts committed too (i) Fort Worth based firms and (ii) Minority and Women owned Business Enterprises (M/WBEs). (d) Other items which the City and the applicant may negotiate. (2) Consideration by the City Council The City Council retains sole authority to approve or deny any tax abatement agreement and is under no obligation to approve any tax abatement application or tax abatement agreement. The City of Fort Worth is under no obligation to provide tax abatement in any amount or value to any applicant. Adopted December 7, 2010 16 c. Effective Date for Approved Agreements All tax abatements approved by the City Council will become effective on January 1 of the year following the year in which a Certificate of Occupancy (CO) is issued for the qualifying development project (unless otherwise specified in the tax abatement agreement). Unless otherwise specified in the agreement, taxes levied during the construction of the project shall be due and payable. 3. Development Fee Waivers a. For certified applications of development fee waivers that do not require Council approval, the Planning and Development Department will review the certified applicant's application and grant appropriate incentives. b. For certified applications of development fee waivers that require Council approval, City staff will review the certified applicant's application and make appropriate recommendations to the City Council. 4. Impact Fee Waiver a. For certified applications of impact fee waivers that do not require Council approval, the Water Department will review the certified applicant's application and grant appropriate incentives. b. For certified applications of impact fee waivers that require Council approval, the Water Department will review the certified applicant's application and make appropriate recommendations to the City Council 5. Release of City Liens For certified applications of release of City hens, the Housing and Economic Development Department will release the appropriate liens on NEZ tax abatement applicants. The Planning & Development Department will release liens on NEZ basic incentives applicants. VII. REFUND POLICY In order for an owner/developer of a Project in a NEZ to receive a refund of development fees or impact fees the conditions set forth in the Refund of Development and Impact Fee Policy, attached as Attachment "A", must be satisfied. VIII. OTHER INCENTIVES A. Plan reviews of proposed development projects in the NEZ will be expedited by the Planning and Development Department. B. The City Council may add the following incentives to a NEZ in the Resolution adopting the NEZ: 1. Municipal sales tax refund 2. Homebuyers assistance 3. Gap financing 4. Land assembly 5. Conveyance of tax foreclosure properties Adopted December 7, 2010 17 6. Infrastructure improvements 7. Support for Low Income Housing Tax Credit (LIHTC) applications 3. Land use incentives and zoning/building code exemptions, e.g., mixed -use, density bonus, parking exemption 9 Tax Increment Financing (TIF) 10. Public Improvement District (PID) 11. Tax-exempt bond financing 12. New Model Blocks 13. Loan guarantees 14. Equity investments 15. Other incentives that will effectuate the intent and purposes of NEZ. IX. Public Notification a. Subject to subsection (b), in order for an owner/developer to apply to receive any incentives provided for under the NEZ Tax Abatement Policy and Basic Incentives, an owner/developer must meet with the following persons and organizations to discuss the Project: 1. the Council Member for the District the Project is located; and 2 the neighborhood associations or community based organizations registered with the city that are within 300 feet of the proposed Project. The measurement of the distance between the proposed project and Neighborhood Associations or Community Based Organizations shall be along the property lines of the street fronts and from front door to front door, and in direct line across the intersections. b. Subsection (a) shall be satisfied upon: 1. the owner/developer meeting with the City Council Member for the District the Project is located and the neighborhood associations or community based organizations registered with the city that are within 300 feet of the proposed Project; or 2. meeting with the City Council Member for the District the Project is located and upon the owner/developer providing proof that the owner/developer attempted to meet with the neighborhood associations and the community based organizations registered with the city within 300 feet of where the proposed Project is located and the associations or organizations failed to arrange a meeting with the owner/developer within two weeks of initial contact X Ineligible Protects The following Projects or Businesses shall not be eligible for any incentives under the City' of Fort Worth's Neighborhood Empowerment Zone (NEZ) Tax Abatement Policy and Basic Incentives: 1. Sexually Oriented Businesses 2. Non-residential mobile structures Adopted December 7, 2010 18 ATTACHMENT A REFUND OF DEVELOPMENT AND IMPACT FEES POLICY Purpose This refund policy is for the purpose of establishing the conditions under which the City may refund development and impact fees, normally waived through the Neighborhood Empowerment Zone (NEZ). Applicability Unless expressly accepted, this policy applies to all development and impact fees waived by the City through the NEZ. Under the NEZ Tax Abatement Policy and Basic Incentives City Departments are authorized to waive impact and development fees for Qualified projects located in a designated NEZ. The impact fees include only water and sewer impact fees, up to $55,000 for commercial, industrial, mixed -use or community facilities projects. The development fees that can be waived through the NEZ include: 1. All building permit fees (including Plans Review and Inspections) 2. Plat application fee (including concept plan, preliminary plat, final plat, short form replat) 3. Board of Adjustment application fee 4 Demolition fee 5. Structure moving fee 6. Community Facilities Agreement (CFA) application fee 7. Zoning application fee 8. Street and utility easement vacation application fee. To take advantage of these waivers, applicants need to obtain a certification letter from the Planning and Development Department Conditions for Refunds The City will consider refunds only when circumstances beyond the developers control prevent them from obtaining the qualification letter from the Planning and Development Department A property owner and/or developer may qualify for a refund if the proposed development project meets all criteria to receive a fee waiver under the NEZ Tax Abatement and Basic Incentives Policy and: a. The owner and/or developer was not made aware of the NEZ incentives at the time the fees were paid* or b. The owner and/or developer was mistakenly told that his/her property was not in a designated NEZ; or Adopted December 7, 2010 19 c. The owner and/or developer has put funds in an escrow account with a City Department while awaiting a decision from the City Council about his/her project; or d. City Council authorizes a City Department to issue a refund to the owner/developer. Refund Charge A refund charge will be assessed to help defray administration cost associated with the processing of refund check. The charge shall be 20% of the amount of the refund This charge will be automatically deducted from the total refund amount Statute of Limitations Any request, action or proceeding conceming the refund of fees normally waived through the NEZ must be filed within ninety days following the date that the fees were paid. An applicant who does not submit a refund request within 90 days of the transaction shall not qualify for a refund. To obtain a refund the applicant needs to: • submit a NEZ application to the Planning and Development Department for determination of the eligibility for NEZ fee waivers, and • submit a written request to the Department in which the fees were paid. Upon receiving a confirmation from the Planning and Development Department that the project meets all NEZ fee waiver criteria, that Department shall process the request based on the qualifications discussed in this policy Exemptions The provisions of this policy do not apply to: a. Fees that are not waived through the NEZ program; and b Taxes and special assessments; and c City liens such as mowing, board -up, trash, demolition and paving liens. An applicant shall not qualify for any refund if: a The applicant was made aware of the NEZ incentives before he/she pays the fees; or b. The applicant does not meet the requirements for NEZ incentives at the time he/she paid the fees, or c. The applicant paid the fees before the refund policy was put in place; or d. The applicant paid the fees before the designation date of the NEZ. Disclaimer In the event of any conflict between the City's ordinances or regulations and this policy, such ordinances or regulations shall control. In the event of any conflict between this Adopted December 7, 2010 20 policy and other policies or regulations adopted by the City Department issuing the refund, such department policies or regulations shall control. The City reserves the right to deny any or all request for refunds. Adopted December 7, 2010 21 Exhibit 2 Property Legal Description 5408 Woodway Drive, Lot 8, Block 30, Wedgwood Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388-05, Page 18, Deed Records of Tarrant County, Texas FORT WORT Application No. n1Z. 1 a--ct a3/ Eyhibit 3 CITY OF FORT WORTH NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM I. APPLICATION CHECK LISTPlease PROJECT - CERTIFICATION APPLICATION submit the followingdocumentation: N Title abstract of the property (only if applying for release of City liens) A reduced 11x17 floor plan, site plan and site elevation with a written detailed project description that includes a construction time line A detailed line item budget showing the cost breakdown for the project 4J. Copy of Incorporation Papers noting all principals, partners, and agents if applicable A completed application form A list of all properties owned by the applicant, owner, developer, associates, principals, partners, and agents in the City Fort Worth Non Refundable Application fee — For all Basic Incentives applications excluding Tax Abatement the application fee is $25.00. For multifamily, commercial, industrial, commercial facilities, and mixed -use tax abatement applications 0.5% of the total Capital Investment of the project, with a $200.00 minimum and not to exceed $2,000.00, For residential tax abatement applications: $100.00 per house Proof of ownership, such as a warranty deed, affidavit of heirship, or a probated will OR evidence of site control, such as option to buy (A registered warranty deed is required for tax abatement application.) Required - Meet with the Councilmember and Neighborhood & other Organizations representing the NEZ as outlined in the Public Notice requirement of the NEZ Policy and Guidelines revised April 6, 2004 or ❑ �/A followed guidelines of NEZ Strategic Plan if a Strategic Plan is in place for the specific NEZ. Support letter from Woodhaven Neighborhood Association and Woodhaven Community Development Corporation (For projects located in Woodhaven NEZ only) INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL ALL REQUIRED DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED WITHIN 30 DAYS AFTER THE APPLICATION IS RECEIVED. YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING PERMITS ARE ISSUED FOR YOUR PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. IT TAKES 60 TO 90 BUSINESS DAYS TO COMPLETE THE TAX ABATEMENT AGREEMENT APPROVAL PROCESS AFTER THE ISSUANCE OF NEZ CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT ALL BUILDING PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION WAS APPROVED, OR WITHIN THE 12 MONTH PERIOD THAT THE TAX ABATEMENT WAS APPROVED, OR YOU WILL BE REQUIRED TO RE -APPLY FOR NEZ INCENTIVES. II. APPLICANT / AGENT INFORMATION 1. Applicant: 3. Address: 4. Phone no.: 6. Email: 7. Agent (if any) 8. Address: 9. Phone no.: 11. Email: 1 ,, II^^ rftr-/p) LLC // Pi ;lc �) [ i 1 jytO l fretaN 2. Contact Person: l%1 r G1 4,4,4akt 7tdc 1 rri,h 619 rvy'f �d 1 77 70oe Street City State Zip gi 7, eet __ n9 / 5. Fax No.: I n _ Cqt_Uvv q MAP, inAav 6 5tlrr U 5 Street City State Zip 10. Fax No.: 1 Revised July 12, 2011 1 FORT WORTH Application No. PROJECT ELIGIBILITY 1. Please list down the addresses and legal descriptions of the project and other properties your organization owns in Fort Worth. Attach metes and bounds description if no address or legal description is available. Attach a map showing the location of the project. Table 1 Property Ownership Address Zip Code (Project Location) Subdivision Name Lot No. Block No. Other properties owned in the City of Fort Worth - continue on a separate sheet and attach if necessary. 3 @SAC- Noll is c 70o 4 @ me-h►l Park 4e1i17/04 a l R q { l Ykinal / 41- rd ) 1 2. For each property listed in Table 1, please check the boxes below to indicate if: • there are taxes past due; or • there are City hens; or • You (meaning the applicant, developer, associates, agents, principals) have been subject to a Building Standards Commission s Order of Demolition where the property was demolished within the last five years Table 2 Property Taxes and City Liens Property Address Taxes Due ■ ■ (Please attach additional sheets of paper as needed.) Moine- Weed Liens n n City Liens on Property Board-up/Open Demolition Paving Order of Stucture Liens Liens Liens Demolition n C n C C n ❑ ■ ■ C ■ ■ ❑ If there are taxes due or liens against any property in the City of Fort Worth you may not be eligible for NEZ incentives Revised July 12, 2011 2 Four WORTH Application No. 3. Do you own other properties under other names? ❑ Yes [ No If Yes, please specify 4. Does the proposed project conform with City of Fort Worth Zoning? If no, what steps are being taken to insure compliance? 5. Project rn n Type: Single Family Multi- Family ® Owner Occupied /❑ Rental Property 6. Please describe the proposed residential or commercial project: Qi h N U Vd le yg./k tentespr C F 42.o7-41 bu ddil1Fi /tt otc/Gn41046 /(074aitinc, 7. If your project is a commercial, industrial, or mixed -use project, please describe the types of businesses that are being proposed: / (0,1 Sa / /i»44I 8. Is this a new construction or rehab project? ❑ New Construction Rehab 9. How much is the total development cost of your project? Wied Yes [iNo Aef k Act per, - Commercial Industrial Community Facilities Mixed -Use fi®jNN'tol bid7 TO 4tirtrt 12 10. Will the eligible rehabilitation work* equal to at least 30% of the Tarrant Appraisal District (TAD) assessed value of the structure during the year rehabilitation occurs? Yes ❑ No *Eligible rehabilitation includes only physical improvements to real property. It does NOT include: Front yard fencing consisting of chain -link or solid material construction; personal property such as furniture, appliances, equipment, and/or supplies. Total eligible rehabilitation costs shall equal to or exceed 30% of the TAD appraised value of the structure during the year rehabilitation occurs. 11. How much is the total square footage of your project? 2 tti square feet 12. For a sinele-familv homeownership, mixed -use. or multi -family development nroiect. please fill out the number of residential units based on income range of owners or renters in the following table. Table 3 Number of Residential Units and Income Range of Owners or Renters > 80% of AMFI** At or below 80% of AMFI **AMFI• Area Median Family Income. Please see attachment for income and housing payment guidelines. 13. For a multifamily nroiect to be qualified for tax abatement, at least 20% of total units shall be affordable to families at or below 80% of AMFI. Check the box if you are requesting a waiver of this requirement. ❑ 14. For a commercial, industrial or community facilities proiect, indicate square footage of non- residential space. 44“/ I square feet square feet ,140 square feet Revised July 12, 2011 3 FORT WORTH 15. How much will be your Capital Investment*** on the project? Please use the following table to provide the details and amount of your Capital Investment (Attached additional sheets if necessary). Table 4 Itemized Budget of the Project Application No. ***Capital Investment includes only real property improvements such as new facilities and structures, site improvements, facility expansion, and facility modernization. Capital Investment DOES NOT include land acquisition costs and/or any existmg improvements, or personal property (such as machinery, equipment, and/or supplies or inventory). 16. For a commercial, industrial, community facility or mixed -use project, how many employees will the project generate? 9 17. For a mixed -use project, please indicate the percentage of all uses in the project in the following table. Table 5 Percentage of Uses in a Mixed -Use Project Residential Office Eating Entertainment Retail sales Service III. INCENTIVES - What incentives are you applying for? Municipal Property Tax Abatements Must provide Final Plat Cabinet and Slide for Tax Abatement Cabinet ra 5 years ❑Residential owner occupied ❑Residential Rental Property ❑Apat (merits (5 plus units) Commercial Development Fee Waivers Slide u More than 5 years All building permit related fees (including Plans Review and Inspections) Plat application fee (including concept plan, preliminary plat, final plat, short form replat) Zoning application fee • Board of Adjustment application fee ❑ Demolition fee ❑ Structure moving fee ❑ Community Facilities Agreement (CFA) application fee ❑ Street and utility easement vacation application fee Impact Fee Waivers - The maximum water/wastewater impact fee waiver amount for a commercial, industrial, mixed use, or community facility development project is equivalent to the water/wastewater impact fee of two 6-inch meters Water (Meter Size ) (No. of meters ) • Transportation Release of City Liens Weed liens ❑ Paving liens Board up/open structure liens ❑ Demolition liens Revised July 12, 2011 4 FORT WORTH Application No. (AUT dRIZED SIGNATURE) III. ACKNOWLEDGMENTS I hereby certify that the information provided is true and accurate to the best of my knowledge I hereby acknowledge that I have received a copy of 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 in obtaining required permits and inspections from the City and in ensuring the project is located in the correct zoning district. I understand that my application will not be processed if it is incomplete. I agree to provide any additional information for determining eligibility as requested by the City 411-ntaki (PRINTED OR TYPED NAME) • (DATE) 1 t t�yv.VWr ax:F-_aa-srr..za,=.:,T=.u.:r,:r-,•i=��,.: Electronic version of this form is available on our website. For more information on the NEZ Program, please visit our web site at www.fortworthgov.org/planninganddevelopment For Office Use Only Application No. In which NEZ? Application Completed Date (Received Date): ❑ Commercial ❑ Industrial Before NEZ ❑ After NEZ Ownership/Site Control Consistent with the NEZ plan? No Minimum Capital Investment? No Meet mixed -use definition? No Tax current on other properties? City liens on other properties? No • Weed liens No • Board-up/open structure liens No • Demolition liens No • Paving liens No • Order of demolition Date certification issued? Type? • SF ❑ Multifamily Construction completion date? TAD Account No. Meet affordability test? Rehab at or higher than 30%? Tax current on this property? City liens on this property? • Weed liens • Board-up/open structure liens • Demolition liens • Paving liens • Order of demolition Certified? ❑ Yes ❑ No If not certified, reason ■ Yes Yes Yes ❑ Yes Yes Yes ❑ Yes Yes ■ • Certified by Referred to: ❑Economic Development • • Council District Conform with Zoning? Yes No ] Community facilities ❑ Mixed -Use ■ Yes Housing ❑Development ❑Water ❑Code • • • No Yes Yes Yes Yes Yes Yes Yes Yes Yes • TPW ■ No No No No ❑ No No No ❑ No n No Revised July 12, 2011 5 Exhibit 4 Protect Description Renovation of building including replacing HVAC; installing new ceiling and insulation; new flooring and new interior doors and trim. Repaving the parking lot; painting and repairing the exterior of the building. M&C Review Page 1 of 2 DATE: A COUNCIL ACTION: Approved on 7/17/2012 7/17/2012 REFERENCE NO.: CODE: C SUBJECT: TYPE: C-25745 NON - CONSENT ;ite aP iite city h, Texas FORT TORT LOG NAME: 17NEZ5408WOODWAY PUBLIC HEARING: NO Authorize Five -Year Tax Abatement Agreement with Reitman Property, LLC, for Property Located at 5408 Woodway Drive in the Wedgwood Square Neighborhood Empowerment Zone (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council authorize a five-year Tax Abatement Agreement with Reitman Property, LLC, for the property at 5408 Woodway Drive in the Wedgwood Square Neighborhood Empowerment Zone in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. DISCUSSION: Mitchell Reitman d/b/a Reitman Property, LLC (Property Owner), is the owner of the property described as Lot 8, Block 30, Wedgwood Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded in Volume 388-05, Page 18, Deed Records of Tarrant County, Texas, at 5408 Woodway Drive, Fort Worth, Texas, 76133. The property is located within the Wedgwood Square Neighborhood Empowerment Zone (NEZ) The Property Owner plans to invest an estimated $71,000.00 to remodel the interior of the building paint the exterior and resurface the parking lot (Project) The building will be used as an accounting and consulting office. The Housing and Economic Development Department reviewed the application and certified that the Project met the eligibility criteria to receive a Municipal Property Tax Abatement. The NEZ Tax Abatement Policy and 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 2013 at the estimated pre -improvement value as defined by the Tarrant Appraisal District (TAD) on June 25 2012 for the property as follows: Pre -Improvement TAD Value of Improvements $ 212,734 00 Pre -Improvement Estimated Value of Land $ 37.266.00 Total Pre -Improvement Estimated Value $ 250,000.00 The Municipal Property Tax Abatement on the improved value of the Project after construction is estimated at $607.05 per year for a total of $3,035.25 over the five-year period. However, this estimate may differ from the actual tax abatement value, which will be calculated based on the Tarrant Appraisal District appraised value of the property. In the event of a sale of this property, the Tax Abatement Agreement may be assigned to an Affiliate without the consent of the City Council or to a new owner with City Council approval, only if 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 6. http://apps.cfwnet.org/council_packet/rnc review.asp?ID=17103&councildate=7/17/2012 8/8/2012 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financ►al Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 5408Woodwav NEZMapsforCouncil.pdf Building Exterior 1.pdf Building Inter►or 1.pdf Building Inter►or 2.pdf Fernando Costa (6122) Jay Chapa (5804) Cynth►a Garcia (8187) Sarah Odle (7316) http://apps.cfwnet.org/council_packet/mc review.asp?ID=1 71 03 &councildate=7/1 7/2012 8/8/2012