HomeMy WebLinkAboutResolution 4180-02-2013 A Resolution
NO. 4180-02-2013
ADOPTING AN AMENDMENT TO THE NEIGHBORHOOD EMPOWERMENT
ZONE TAX ABATEMENT POLICY AND BASIC INCENTIVES (RESOLUTION
NO. 3986-05-2011) TO INCORPORATE MICELLANEOUS REVISIONS
GOVERNING TAX ABATEMENT AGREEMENTS FOR PROPERTIES LOCATED
IN A NEIGHBORHOOD EMPOWERMENT ZONE
WHEREAS, a municipality may enter into tax abatement agreements authorized
by Chapter 312 of the Texas Tax Code ("Code") only if the governing body of the
municipality has previously adopted a resolution stating that the municipality elects to
be eligible to participate in tax abatement and has established guidelines and criteria
governing tax abatement agreements, a tax abatement policy; and
WHEREAS, pursuant to the Code, a tax abatement policy is effective for two (2)
years from the date of its adoption; and
WHEREAS, on May 17, 2011 the City Council adopted Resolution No. 3986-05-
2011 wherein the City elected to participate in tax abatement and adopted the
Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives ("NEZ
Policy") as required by Chapter 312 of the Texas Tax Code; and
WHEREAS, the Housing and Economic Development Department has
recommended miscellaneous amendments to the NEZ Policy related to tax abatements,
fees, neighborhood notifications, lien releases, denied applications and other
housekeeping matters;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1 . THAT the City hereby amends the NEZ Policy attached hereto as Exhibit
"A", to incorporate revisions related to tax abatements, fees, neighborhood
notifications, lien releases, denied applications and other housekeeping
matters; the NEZ Policy constitutes the guidelines, criteria and procedures
governing tax abatement agreements entered into by the City, to be effective
March 5, 2013 through February 5, 2015 unless earlier amended or repealed
by a vote of at least three-fourths (3/4) of the members of the City Council.
2. THAT this NEZ Policy, as amended, will expressly govern all tax abatement
agreements for properties located in a Neighborhood Empowerment Zone as
designated by City Council and entered into by the City during the period in
which such tax abatement policy is in effect.
ORT WORT
Resolution No. 4180-02-2013
3. THAT all previous Resolutions are hereby expressly repealed to the
extent in conflict with the provisions of this Resolution.
4. THAT this Resolution shall take effect immediately from and after its
adoption.
AND IT IS SO RESOLVED.
Adopted this 50" day of February, 2013..
ATTEST:
Mary J. Ka , C, Secretary
oltx Wox`l'
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.
11. 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 tinder 60%A MFI as defined by HUD for rental and multi-family.
"Base Value"is the value of the Real Property Improvements, 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—February 5, 2013 1
Investment" includes only Real Property |nnproverne[kS such as new facilities and
structures, site innprovenleDts, facility expansion, and facility modernization. Capital Investment
does NOT include land acquisition costs and/or any existing improvements, or personal property
(such as machinery, equiprn8nt, and/or supplies and inventory).
"City 0f Fort Worth Tax Abatement Policy Statement"means the policy adopted by City Council.
"COnnmnerC/a/lIndus0i8/ Development Project" is a d8x8|oprDeDt project which proposes to
construct or rehabilitate Connnn8ncia|/iDdUsthm| too||iUSs OD property that is /Or nn88ta the
requirements to be) zoned oonnnnerCi8|, 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 o||ovvS such use as defined by the City of
Fort Worth Zoning Ordinance.
"Eligible Rehabilitation" includes only physical improvements to RH@| Property Improvements.
Eligible Rehabilitation does NOT include personal property (Such as furniture, appliances,
equipment, and/or Supp|ies).
^GnDS3 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.
'YkDninunn Building Standards Code"iS Article |V 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 /N/BFl" iS o minority or
VVO[nan owned business that has received certification as either a certified MBE or certified
VVBE by either the North Texas Regional Certification AoGOCy /NTRCA\ or the Texas
Department ofTransportation /TxDoU. Highway Division.
"Mixed-Use Development Project" is 8 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 (O[ meets
the requirements to be) zoned mixed-use as described by the City of Fort Worth Zoning
Ordinance.
"Multi-family Development Project" is 8 development project which proposes to construct Or
rehabilitate 3 Or more multi-family residential living units on o 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 habitable structure improvement requiring 8
permanent foundation. This excludes accessory structures such as sheds and incidental out
buildings.
"Primary Residence" /s the residence that has 8 Homestead Exemption on file with Tannnt
County Appraisal District.
Adopted — February 5, 20l] 2
"Project" means a "Residential Project", "Commercial/Industrial Development
Project","Community Facility Development Project", "Mixed-Use Development Project", or a
"Multi-family Development Project."
"Real Properly Improvements" — means a habitable structure as defined by the Fort Worth
Building Code.
"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 Government Code.
"Residential Project" — means less than 3 residential units.
III. 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-,
c. Homeowner must perform Eligible Rehabilitation on the property after NEZ
designation equal to or in excess of 30% of the Base Value of the Real Property
Improvements-, 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. Real Property Improvements are 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 primary residence by
homestead exemption;
c. For rehabilitated Real Property Improvements, Eligible Rehabilitation costs on
the Real Property Improvements shall be equal to or in excess of 30% of the
Base Value of the Real Property Improvements. The seller or owner shall
provide the City information to support rehabilitation costs;
d. Property is not in a tax-delinquent status when the abatement application is
submitted; and
Adopted —February 5, 2013 3
e. Property is in conformance with the City of Fort Worth Zoning Ordinance
however, 8 property use that is legal non-conforming shall not be eligible to
receive a tax abatement.
3. For investor owned single family property, an investor shall be eligible to apply for a
tax abatement by meeting the following:
a. Real Property Improvements are constructed or rehabilitated after NEZ
designation and City Council approval 0fthe tax abatement;
b� For rehabilitated Real Property |nnprOVeDleOtS. Eligible Rehabilitation costs on
the Real Property Improvements shall be equal to or in excess of 30% of the
Base Value Cf theF(e8| Property Improvements;
C. Property is not in a tax-delinquent status when the abatement application is
submitted-, and
d. Property is in oODfOrDlaDD8 with the City of Fort Worth Zoning Ordinance.
B. KAULT|-FAMILY DEVELOPKAENT 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 o
less, this section shall apply.
Abatements for multi-family development projects for Vpto 5 years are subject to
City Council approval. The applicant may apply with the Housing and ECVDV[Dio
Development Department for such abatement.
In order to be eligible for a property tax abatement upon oOrnpl8UOn. @ DeVV|y
constructed Or rehabilitated OOU|ti-t8nni|y development project in a NEZ must satisfy
the following:
At least twenty percent (2096) of the total units constructed or
rehabilitated shall be affordable (as defined by the U. S. Department of Housing
and Urban Development) and set aside to persons with incomes at or be|OVV
eighty percent (8096) of area median inoDnn8 based on family size. City C0VDCi|
may waive or reduce the 20Y6 affordability requirement OO ooase-by'u@se basis.
In addition at least 5% of the total units constructed or rehabilitated shall be
CVnlp|iaDt with the Americans with Disability Act (A[)A) in 8CCDrd8nCe with
Section 504 of the Rehabilitation Act, and must be fully accessible and 2% of the
total units constructed must be fully accessible to persons with SeDSon/
impairments; and
(8) For a multi-family development project CDnatruCLedafte[ NEZd8aiQnotiOO, the
project must provide at least five (5) residential |iViD0 units OR have o
minimum Capital Investment Of$2OO.00O; or
/b\ For @ rehabilitation project, the R88| Property Improvements must he
rehabilitated after NEZdesignation. Eligible Rehabilitation costs on the Real
Property |nlprOve[D8OtS shall be at least 3096 of the Base Value of the Real
Property Improvements. Such Eligible Rehabilitation costs must come from
Adopted—Fcbruary 5, 2013 4
the rehabilitation of at least five (5) residential living units or a minimum
Capital Investment of$200,000.
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 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.
Years 1 through 5 of the Tax Abatement Agreement
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) and set aside to persons with incomes at or below eighty percent
(80%) of area median income based on family size. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis. In addition at
least 5% of the total units constructed or rehabilitated shall be compliant with the
Americans with Disability Act (ADA) in accordance with Section 504 of the
Rehabilitation Act, and must be fully accessible and 2% of the total units
constructed must be fully accessible to persons with sensory impairments, and
a. For a multi-family 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 Real Property Improvements must be
rehabilitated after NEZ designation. Eligible Rehabilitation costs on the Real
Property Improvements shall be at least 30% of the Base Value of the Real
Property Improvements. Such Eligible Rehabilitation costs must come from
the rehabilitation of at least five (5) residential living units or a minimum
Capital Investment of $200,000.
Years 6 through 10 of the Tax Abatement Agreement
Multi-family projects shall be eligible for a 1%-100% abatement of City ad valorem
taxes for years six through ten of the Tax Abatement Agreement upon the
satisfaction of the following:
a. At least twenty percent (20%) of the total units constructed or rehabilitated shall
be affordable (as defined by the U. S. Department of Housing and Urban
Development) and set aside to persons with incomes at or below eighty percent
(80%) of area median income based on family size. In addition at least 5% of the
total units constructed or rehabilitated shall be compliant with the Americans with
Disability Act (ADA) in accordance with Section 504 of the Rehabilitation Act, and
Adopted—February 5, 2013 5
must be fully accessible and 296 of the total UOUS constructed 0USt be fully
accessible to persons with sensory inopa|nVerdS. City Council may vv@iv8 or
reduce the 2096 affordability requirement on a case-by-case basis; and
1. For @ multi-family development project COnstruCtedaftRrNEZdoSiQDEtiVO. the
project [0Ug[ provide at least five /5\ residential living units OR have @
minimum Capital Investment Of$2UU.00O; V[
2 For a rehabilitation project, the Real Property Improvements must he
rehabilitated after NEZdesignation. Eligible Rehabilitation costs On the Real
Property |n0pnDVenOentS Sh@U be at least 30% of the Base Value Of the Real
Property Improvements. Such Eligible Rehabilitation costs must COnle from
the rehabilitation of at least hV8 (5) residential living units or a minimum
Capital Investment Of $2OO.00U.
b. Any other terms as City Council of the City of Fort Worth deems uppr0pri@te,
iOC|UdiDg. 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 nniO0[hv and women OvvOed business enterprises for an
agreed upon percentage of the total costs for construction contracts;
J. property inspection;
4. cVnnO0it tO hire @D agreed upon percentage Of Fort Worth residents
5. n0nnnnit t0 hire an agreed upon percentage of Central City residents
G. landscaping;
7. tenant selection p|8nS� 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 agreement with a term of five years o
less, this section shall apply.
Abatements for CoOlnnenCi@|' |OdUgth8| and COnlOOUOitv Facilities Development
Projects for Upto 5 years are subject to City Council approval. The applicant may
apply with the Housing and ECVOOrniC D8v8|OpOleOt Department for such abatement.
In order h3 be eligible for a property tax abatement, @ DeVV|y constructed or
rehabilitated commercial/industrial and community facilities development project in G
NEZ must satisfy the fo||ovvin0�
@ A c0[OOnerCi2|. industrial Or 8 C0DlmOUOity facilities development project
constructed after NEZdesignation nlUSt have m minimum Capital Investment of
$75,000- or
b. Fora rehabilitation project, it must be rehabilitated after NEZdesignation. Eligible
Rehabilitation Costs on the Real Property Improvements shall be at )east 3096 of
the Base Value of the Real Property Improvements, or $75,000, whichever is
greater.
Adopted —February 5, 3A13 6
3, 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 Connnnonci@[ |DdUgth8l and CuUl[DUDhv Facilities
Development projects for UptO 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
COnl0oe[ciG|. Industrial and CDOnnnunib/ Facilities Development projects shall be
eligible for 10096 abatement Of City 3d valorem taxes for the first five years Of the
Tax Abatement Agreement UpOD the satisfaction of the following:
o. A cDOU[OerCi8|. industrial Or o community facilities development p[cU8Ct
constructed after NEZdesignation must have a minimum Capital Investment of
$75,000; or
b. For rehabilitation project, it must be rehabilitated after NEZdesignation. Eligible
Rehabilitation costs onthe Real Property Improvements shall b8@t least 3O% Of
the Base Value of the Real Property Improvements, Or $75.000. whichever is
greater.
Years 6 through 10 of the Tax Abatement Agreement
Commercial, Industrial and Community FGCi||tiSS Development projects shall be
eligible for 1%-10096 abatement of City ad valorem taxes for years six through ten of
the Tax Abatement Agreement upon the satisfaction of the following:
a. A cOnlnn8rCi@|. industrial Or 8 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 rehabilitation project, it must be rehabilitated after NEZ designation.
Eligible Rehabilitation costs DDthe Fl8G| Property Improvements shall be
at least 30% of the Base Value of the R88| Property Improvements, Or
$75'000. whichever is greater and meet the requirements of subsection
/C\ below.
C. Any other tSmnS GS City Council of the City Of Fort Worth deems
apprOp[iate, including, but not limited to:
1. utilization of Fort Worth companies for an agreed upon percentage of
the total costs for construction cordr@CtS�
2. utilization of certified minority and women owned business enterprises
for an agreed upon percentage of the total costs for construction
CODha[tS�
.
3. commit to hire on agreed upon percentage of Fort Worth residents;
4 commit to hire on agreed upon percentage of Central City residents;
and
5. landscaping.
D. MIXED-USE DEVELOPMENT PROJECTS LOCATED IN AyQEZ
Adopted —February 5, 2U\3 7
1
100% Abatement of City Ad Valorem taxes for 5 years
If an applicant applies for a tax abatement agreement with a term of five years o
less, this section shall appIV.
Abatements for Mixed-Use Development Projects for up to 5 years are subject to
City Council approval. The applicant may apply with the Mousing and Economic
Development Department for such abatement.
In order to be eligible for a property tax abatement, upon COOOp|edOD. a Oevv|y
constructed or rehabilitated mixed-use development project in a NEZ must satisfy the
following:
8. Residential USeS in the project constitute 20 percent or more of the total Gross
Floor Area of the project. At least twenty percent (2096) Of the total units
constructed Or rehabilitated shall be affordable /8o defined by the U. S.
Department Of Housing and Urban [}eVe|Op[DeOU and set aside to persons with
incomes at or be|Dvv eighty percent (8096) Of area median |DcOOle based on
t8nni|y size. In addition at least 5% of the total units constructed or rehabilitated
oh8|| be compliant with the Americans with Disability Act (AOA) in accordance
with Section 504 of the Rehabilitation Act, and must be fully accessible and 2%
of the total units constructed must be fully accessible to persons with sensory
impairments; and
b. Office, eating and entertainment, and/or retail sales and service uses in the
project constitute 10 percent or more of the total Gross Floor Area of the project;
and
(1) A mixed-use development project constructed after NEZ designation must
have minimum Capital Investment of$2OO.00O; or
/2\ For 8 rehabilitation project, it must be rehabilitated after NEZ designation.
Eligible Rehabilitation costs ODthe Real Property Improvements shall be at
least 30Y6 Of the Base Value Of the Real Property |rnp[oVeUleDt8. or
$2OO.00O. whichever iogreater.
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 m 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 8d
Va|O[enO taxes for the first five years of the Tax Abatement Agreement upon the
satisfaction of the following:
Adopted —February j, 2Oi3 8
a. Residential uses in the project constitute 20 percent or more Of the tmk@| (3roea
Floor Area Of the project. At ha2St twenty percent (2096) of the total units
constructed Or rehabilitated shall be affordable /@a defined by the U. S.
Department ofHousing and Urban D8Ve|Op[D8nt\ and set aside tV persons with
incomes at or he|nvv eighty percent (8096) of area median income based on
family size. In addition at least 5% of the total units constructed or rehabilitated
Sh@|/ be compliant with the Americans with Disability Act A\UA\ in aCConduno8
with Section 584 of the Rehabilitation Act, and must be fully accessible and 296
of the total units constructed must be fully aCCeaaib|8 to persons with sensory
impairments; and
b. Office, eating and eDtedainment, and/or retail sales and aen/|Ce 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 cODst[UCted after NEZdesignation must
have 2 minimum Capital Investment of $200,000; or for @ rehabilitation project, it
must be rehabilitated after NEZdeaign@tiOD. Eligible Rehabilitation costs oDthe
Real Property Improvements shall be at least 3096 of the Base Value of the Real
Property Improvements, qr $2OO.OU0. whichever isgreater.
Years 6 through 10 of the Tax Abatement Agreement
Mixed Use D8v8|0pnnSnt projects shall be eligible for 1-100% 8b8tSnnSnt of City ad
valorem taxes for years six through ten of the Tax Abatement Agreement UpnO the
satisfaction Of the following:
a. Residential uses in the project constitute 20 percent or more of the total G[DSS
Floor Area Of the project; At least hmenb/ percent /2096\ of the total units
constructed or rehabilitated shall be affordable (as defined by the U. S.
Department OfHousing and Urban O8vS/opnnSnt) and set aside t0 persons with
iDcVOleS at or below eighty percent /80%\ of area median inn0nnS based On
family size. In addition at least 5% of the total Units CODst[VntSd or rehabilitated
shall be compliant with the Americans with Disability Act A\OA\ in accordance
with Section 504 of the Rehabilitation Ant. and nnUgt be fully accessible and 2%
of the total units constructed VlUs[ be fully accessible LV persons with sensory
impairments-, and
b. {]ffiCe, eating and entertainment, and/or retail sales and 88n/inS uaSo in the
project constitute 10 percent o[ more Of the total Gross Floor Area 0f the project;
o A new mixed-use development project conatructed after NEZdesignation must
have a minimum Capital Investment of $200,000; or for a rehabilitation pro|8Ct, it
must be rehabilitated after NEZdesignation. Eligible Rehabilitation costs 0nthe
Real Property Improvements shall be at least 30% of the Base Value of the Real
Property Improvements, or $20O.UOO. whichever iagreater; and
d. Any other terms as City Council of the City of Fort Worth deems @ppropriate,
including, but not limited to:
1. UU|izghOn of Fort Worth companies for an agreed upon percentage of the
total costs for construction Cunt[gCtm;
Adopted—February 5, 2013 9
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 any 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—February 5, 2013 10
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 IIIA E.1. and E.2. and applies for an
abatement, a property owner may enter into a tax abatement agreement with the City
of Fort Worth. The tax abatement agreement shall automatically terminate if the
property subject to the tax abatement agreement is in violation of the City of Fort
Worth's Minimum Building Standards Code and the owner is convicted of such
violation.
9. A tax abatement granted under the criteria set forth in Section Ill. can only be granted
once for a property in a 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 1113, 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 less than annually
evaluate each project receiving abatement to insure compliance with the terms of the
agreement. Any incidents of non-compliance will be reported to the City Council.
Adopted—February 5, 2013 11
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 Sh@U
provide inh]rnnmdOO and documentation which details the property owner's
o0n0p|i8nue with the terms of the respective @g[8eOleDt and shall certify that the
owner is in compliance with each @pp|io@b|a 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. |fa property in the NEZOn which tax is being abated is GO|d' the new owner may
enter into @ tax @b8t8nneOt agreement On the property for the remaining term. Any
sale, assignment Or lease of the property which is not permitted in the tax 8bmt8OO8nt
agreement results in automatic CaOC8||@tiOn of the mA[89DleUt 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 governed under Section |||.A is
$100.
3. The application fee for nou|U-tGOOi|y, cOUO[Deroi2|. industrim|. COnlOOUDity facilities and
mixed-use development projects governed under Sections |||.B.' C. and [].. (Sone-
half of one percent (0.5%) of the p[0pO8Hd Project's Capital Investment, with m $200
nniDinnV[n not to exceed $2'000. The Application Foe Sh@|) not be credited or
refunded tO any party for any reason.
|V. FEE WAIVERS
A. ELIGIBLE RECIPIENTS/PROPERTIES
1 City Council shall determine on a case-by-case basis whether @ Project that will
contain or contains @ liquor store or package Store is eligible to apply for a fee
waiver,
2. If 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
CUnlDlVmty Development Corporation and the VVO0dhaxeO Neighborhood
/\SSOci8dOD must have submitted @ letter of support for the Project to the City of Fort
VVOrth--hOVVever, once the NEZ Plan is submitted for the Woodhaven NEZ, this will
nO longer be [equin3d.3. Projects t0 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 p[VpertyOvvn8r/d8v8|Oper:
a must submit an application to the City;
b. must not be delinquent in paying property taxes for any property UvVDed by the
owner/developer orapplicant;
Adopted —February 5, 20l3 12
C. nnUSi not have any City liens filed against any property OVVOed by the applicant
property owner/developer, iDdUdiOQ but not ||nnihad to, weed liens, demolition
liens, hoard-uD/op8n structure liens and paving liens-, and
d. of Project that will Cont2in or contains 8 liquor store, package store or sexually
oriented business has received City Council's determination that the Project is
eligible to apply for fee waivers.
Approval of the application and waiver of the fees shall not be deemed to be
approval of any aspect of the Prolect. 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 City of Fort Worth for Projects in the NEZ
are waived for new construction projects O[ rehabilitation projects that expend at least
3096 of the Base Value of the Real Property Improvements on Eligible Rehabilitation
oost&
a) All Building Permit related Fees (including Plans Review and Inspections) except os
St8Uad in |V & 2. be|Ovv
b) Plat Application Fee (including Concept Plan, Preliminary Plat, Final Plat, Short FOnn
Rmp|aU
c) Board oy Adjustment Application Fee
d\ Demolition fee
e) Structure Moving Fee
0 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
|) Urban Forestry Application Fees
m\ Sign Permit Fees
2, |f@ permit or application listed in B (1) is expired, the fee to reoC[ivote, renew Or reapply
shall not be waived. In @ddidVO, penalties and extension fees or re-permitting fees will not be
waived.
3NeighbOrhOOd Empowerment Zone Fees not waived O[ [educe&
a.\ Investigation Fees
b] Plan Revision Fees
c] Change of Record Fees
d] Inspection outside Of normal business hours ReiDSpe(tiVDFee
e.) Annual Fire Inspection Fees
3, Other development related fees not specified above will be considered for approval by
City Council On2C2Se-bv-casebasis.
C. IMPACT FEES
Adopted — February 5, 2013 13
1- Single family and multi-family residential development projects in the NEZ.
/\UkJn0adic 10096 waiver of water and wastewater impact fees will be applied.
2 CO[n[Derda/' industrial, nnixed-uoe. Or cOrDOOVnitv facility development projects in the
NEZ.
@ Automatic 100Y6 waiver of water and wastewater impact fees up to $55.000 or
equivalent to two 6-inch meters for each c0OOnle[cia|, industrial, mixed-use Or
community facility development project; whichever is less,
b If the project requests an impact fee waiver exceeding $55.000 or requesting @
waiver for larger and/or more than two 6-inch meter exceeding $55,000, then City
Council approval is required. Applicant may request the additional amount Of
impact fee waiver through the Planning and Development Department.
V. RELEASE OF CITY LIENS
A. EL|G|BLERECUP|ENTS/PROPEFRT|ES
). Project must be located in a NEZ.
2. City Council shall determine On@C@o8-by-Coo8 basis whether a Project thatvviU
contain or contains a liquor store or package store is eligible to receive a release of
City liens.
3. |f@ Project is located in the Woodhaven Neighborhood EnnpOvve0OeOt Zone, in order
to be considered "eligible" 10 apply for n8|8@s8 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 t0
the City 0f Fort Worth.
4. Projects to be constructed on property to be purchased under a contract for deed are
not 8|i0ih|a for any release of City Liens.
5. In Order for o property owner/developer to be eligible to apply for a release of City
liens contained in Section V.B.' C . C> . and E for @ Project, the property
ovvner/deve|oper�
@. must submit an application tothe 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 COrnrniomiDn'S [)[de[ 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 gvvOer/deVe lope[. "Liens" indudea, but is not limited to,
weed liens, demolition {{ena' board-up/open structure liens and paving liens; and
e of a Project that contains or will contain a liquor stnre, package store or a sexually
oriented business has received City Council's determination the Project iae|iQib|e
to receive a release of City liens.
Adopted— February 5, ZU)3 14
6. In order for m Rehabilitation Project to qualify for o r8|8oaS of city |ieDS' the
0vvn8r/d8v8|0p8r must spend Eligible Rehabilitation COota on the PnJp8dv of at lease
3O96of the Base Value Ofthe Property.
7. Liens listed in this Policy shall be released once the Project |nnpr0venn8ntm 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 h]||Ovv|ng are eligible to apply for release of weed liens:
1. Single unit OvvnSra performing rehabilitation VD their properties.
2. Builders Or developers constructing new homes 0D vacant lots.
3. Owners performing rehabilitation OO nOU|ti-h3nli|y, cOnl[Oe[Cia|, industrial, nnix8d-uo8.
Vr community facility properties.
4. Developers constructing new OnUlti-f@nni|y. C0[OOlerd@|, industrial, mixed-use Or
community facility development projects.
C. DEK8OUT|ON LIENS
Builders or developers developing or rehabilitating 8 property for a Project are eligible to
apply for [e|ema8 of demolition |i8Oo for up to $30,000. Releases of demolition liens in
excess Of $30'OOO are subject tO City Council approval.
D. BOARD-UP/OPEN sTR[]cTQRE LIENS
The following are eligible to apply for release of board-up/open structure liens:
1� Single unit owners performing rehabilitation pn their properties.
2 Builders or developers COOotru{tiO0 new single family homes on V@c3Dt lots.
3� OVVDe[G performing rehabilitation on multi-family, commercial, industrial, rnixmd-uoe.
D[ community facility properties.
4. Developers constructing [Du|U-t8[Di|y. C0nnnnerCi8|, industrial, mixed-use, Or
CDDnnlVnity facility projects.
E. PAVING LIENS
The following are eligible to apply for r8|e8o8 of paving liens:
1. Single unit owners performing rehabilitation on their properties.
3 Builders Vr developers constructing new homes OR vacant lots.
3 C)vVDerS performing rehabilitation on nnu|ti-hsrnily. COnnnn8roim|. industrial, mixed-use,
or community facility properties.
4. Developers C0OGt[VctiOg nOV|ti-h]nnily. ConnnnerCim|, industrial, mixed-use, Or
community facility projects.
F. All other City liens will not be waived.
Adopted —February 5, 2013 15
V1. PROCEDURAL STEPS
A. APPLICATION SUBMISSION
1. The applicant for NEZ incentives under Sections 111. 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 governed 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 Ill. 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 Ill., IV., and V. of this policy, as applicable. Once an
applicant's eligibility is certified, the Planning and Development Department will inform
appropriate departments administering the incentives. An orientation meeting with City
departments and the applicant may be scheduled. The departments include:
a. Housing and Economic Development Department: property tax abatement for
residential properties and multi-family development projects, release of City liens.
b. Housing and Economic Development Department: property tax abatement for
commercial, industrial, community facilities or mixed-use development projects.
c. Planning and Development Department: development fee waivers and release of
City liens.
d. Water Department: impact fee waivers.
e. Other appropriate departments, if applicable.
C. APPLICATION REVIEW AND EVALUATION FOR APPLICATIONS
1. Property Tax Abatement for Residential Properties and Multi-family Development
Projects
Adopted — February 5, 2013 16
a. For a Qornm|8ted 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 [UV|ti'tanni|y development project application for
more than five years of tax abatement:
/1\ The Housing and Economic O8ve|VpDleDt Department will evaluate @
completed and certified application based On:
/8> The project's iDCn8aoe in the value of the tax base.
(b) Costs to the City (such as infrastructure participation, EtCl
(c) Percent of construction contracts committed \n:
(i) Fort Worth based firms, and
(ii) Minority and Women Owned Business Enterprises (K4/VVBEs).
(d) Other items which the City and the applicant may negotiate.
/3\ Consideration by the City Council
The City Council retains sole authority b} 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.
o. 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 8 Certificate of {}CCup8nCy (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 oh2|| be due and payable.
2. Property Tax Abatement for COnnnn8rCiG|. |DdUSt[i@|. Community Facilities, and
Mixed-Use Development Projects
a. For 8 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 m CDnnp|8ted and certified application for more than five years Of tax
abatement:
(1) The Housing and Economic Development Department will evaluate 8
completed and Certified application based on:
(a) The project's increase in the value of the tax base.
(b) Costs tOthe City (such as infrastructure participation, etc.).
(C) Percent of cOOShuCUon Contracts committed to:
(i) Fort Worth based firms, and
(ii) Minority and VV0DleM oVVD8d Business Enterprises (K8/VVBEa).
(d) Other it8r0n which the City and the applicant may negotiate.
(2) Consideration by the City Council
Adopted —February 5, 2013 17
The City Council retains sole authority tO approve 0r deny any tax abatement
agreement and is under no nb|i0mtiVM to approve any tax abatement
application or tax abatement @Qn3enOeOt The City Of Fort Worth is under OV
obligation tOprovide tax abatement in any amount or value L0 any applicant.
c Effective Date for Approved Agreements
All tax abatements approved by the City Council will hGcOrDe effective on
January Of the year following the year iO which 8 Certificate of Occupancy (C{})
iS issued for the qualifying development project /uD|eSSOLhenNiseSpaCifiedinthe
tax abatement ag[eeDOeOU Unless otherwise specified in the agreement, taxes
levied during the construction Of the project Sh@|| be due and payable.
3. Development Fee Waivers
G. For certified @pp|iC@tipDS 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
@pprOV@|' City staff will review the Certified applicant's application and nn@he
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 8pp|iC@U0n
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 [V the City Council.
5. Release of City Liens
For certified applications Of ma|eGS8 of City liens, the Housing and ECVOnDliC
Development Department will release the appropriate liens OO yJEZ tax abatement
applicants. The Planning & Development Department will release liens on NEZ basic
incentives applicants,
V||. REFUND POLICY
|n order for Gn owner/developer Of@ Project iDaNEZ tO receive @ refund Ofdevelopment
fees or impact fees, the conditions Set forth in the Refund of Development and knoaCt
Fee Policy, @��Goh�dGS ��t@Chnn8D� ''A'' DOUStbeS8tiSfied
-'. ' .
VU|. OTHER INCENTIVES
A. The City Council may add the following incentives to @ NEZ in the Resolution adopting
the NEZ:
1 Municipal sales tax refund
2. Honnebuyeramaaistmnoe
Adopted — February 5, ZO13 18
3. Gap financing
4. Land assembly
5. Conveyance of tax foreclosure properties
6. Infrastructure improvements
7. Support for Low Income Housing Tax Credit (LIHTC) applications
8. Land use incentives and 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.
c. Accepted proof of "attempts to meet" with the registered organizations will be
satisfied with the following:
1. a copy of a certified letter sent to the registered organization describing the
project and requesting a meeting and the green card From the post office; or
2. a copy of the e-mail sent to the registered organization describing the project
and requesting a meeting and the response from the organization.
X. Ineligible Projects
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
Adopted —February 5, 2013 19
Incentives:
1. Sexually Oriented Businesses
2. Non-residential mobile structures
X1. Denied Applications
a. NEZ applications will be denied 30 days after submission if all required
documentation is not received by the City.
b. The applicant will have 90 days after the date of denial to resubmit the
NEZ application without paying a new application fee.
Adopted— February 5, 2013 20
ATTACHMENT A
REFUND OF DEVELOPMENT AND IMPACT FEES POLICY
Purpose
This refund policy is for the purpose of establishing the conditions under which the City
may refund development and impact fees, normally waived through the Neighborhood
Empowerment Zone (NEZ).
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—February 5, 2013 21
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 concerning 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 —February 5, 2413 22
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—February 5, 2013 23
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 215/2013 - Resolution No. 4180-02-2013
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DATE: Tuesday, February 05, 2013 REFERENCE NO.: G-17803
LOG NAME: 17NEZPOLICY
SUBJECT:
Adopt a Resolution Amending the Neighborhood Empowerment Zone Tax Abatement Policy and Basic
Incentives to Incorporate Miscellaneous Amendments (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution amending the Neighborhood Empowerment Zone Tax Abatement Policy
and Basic Incentives (Resolution No. 3986-05-2011) to incorporate miscellaneous amendments; and
2. Authorize the City Manager to implement Neighborhood Empowerment Zone policy amendments.
DISCUSSION:
On December 4, 2012, the Housing and Economic Development Department did a presentation on the
Neighborhood Empowerment Zone (NEZ) and Staff recommended changes to the NEZ Tax Abatement
Policy and Basic Incentives. The Policy revisions will go into effect 30 days after adoption by the City
Council.
Amendments to NEZ Tax Abatement Policy and Basic Incentives:
A. NEZ Policy Amendments
1. Tax Abatements
• Additional Requirements for Multi-Family development projects requesting tax abatement: In
addition at least five percent of the total units constructed or rehabilitated shall be compliant with the
Americans with Disability Act (ADA), in accordance with Section 504 of the Rehabilitation Act, and
must be fully accessible and two percent of the total units constructed must be fully accessible to
persons with sensory impairments.
• Add Requirements for the 20 percent residential use on Mixed-Use development projects requesting
tax abatement to match the requirements for Multi-Family development projects: At least 20 percent
of the total units constructed or rehabilitated shall be affordable (as defined by the U. S. Department
of Housing and Urban Development) and set aside to persons with incomes at or below 80 percent
of area median income based on family size. In addition, at least five percent of the total units
constructed or rehabilitated shall be compliant with the ADA, in accordance with Section 504 of the
Rehabilitation Act, and must be fully accessible and two percent of the total units constructed must
be fully accessible to persons with sensory impairments.
2. Fees
Logname: 17NEZPOLICY Pagel of 3
Development Fees
• Additional development fee not waived: Annual Fire Inspection Fees.
• Add the following language for expired fees: |fa permit 0r application listed inB(1) is expired, the
fee t0 reactivate, renew or reapply shall not be waived. In addition, penalties and extension fees Or
re-permitting fees will not be waived.
• Limit Automatic Impact Fee waiver for Commercial, Industrial, Mixed-Use and Community Facility
development projects intheann0un[ Of$55.O0O.O0 without City Council approval.
3. Lien Releases
w Limit lien releases t0those listed in the NEZPO|ioy.
4. Public Notification
*
Add the following section for accepted proof 0fcontact:
Accepted proof 0f"attempts tO meet" with the registered organizations will be satisfied with the
h}||OvviDg:
1. A copy of a certified letter sent to the registered organization describing the project and
requesting 8 meeting and the green card from the post office; or
2. A copy Of the e-mail sent tV the registered organization describing the project @DdrequeSbng8
meeting and the response from the organization.
5' Denied Applications
w
Add the following section for denied applications:
Denied Applications
a. NEZ applications will be denied 30 days after submission, if all required documentation is
not received by the City.
b. The applicant will have 90 days after the date of denial to resubmit the NEZ application
without paying 8 new application fee.
6. Housekeeping Items
• Add definitions for Real Property Improvements and Residential Project tONEZPolicy.
• Revise "pnOpert»' hJ "Real Property Improvements" throughout the Policy.
• Revise Multi-Family to mean three or more units and New Construction to specify habitable
structures 8Sthe improvement.
• Remove language for expedited plan review.
According bJ State Law, in order \Oadopt the attached amendments, seven members Of the City Council
l.ogoanue: 17NEZP[)l.lCY Page 2 of
must vote in favor of adoption.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fu nd/Accou nt/C enters FROM Fund/Account/C enters
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (7504)
Jay Chapa (5804)
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Sarah Odle (7316)
Logname: 17NEZPOLICY Page 3 of 3