HomeMy WebLinkAboutContract 44348 CITY SECR
CONTRACT NO,
'TAX ABATEMENT AGREEMENT FOR PROPERTY LOCAT'ED IN A
NEIGHBORHOOD EMPO ERMEN ' ZONE
1913 Wallace Street
This TAX ABATEMENT AGREEMENT ("Agreement") is entered into by and between. the
CITY OF FORT WORTH TEXAS, (the "City"), a home rule municipal cipal corporation organized under
the laws of the State of Texas and acting by and through T.M. Higgins, its duly authorized City Manager,
and Sedrick Huekaby ("Owner"), owner of property located at 1913 Wallace Street, T act 4C of the J.
Teull Survey, Abstract#1530, in the City of Fort Worth, Tarrant County, Texas, and as shown on the Flat
recorded in Volume 1145, page 615, Deed Records, Tarrant County, Texas.
The City Council of the City of Fort Werth "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.-
Ae Chapter 378 "a the Texas Local Government C allows a municipality t 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 horsing 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 f'tie zone; or
(4) The rehabilitation of affordable housing in the zone.
B, Chapter 7 f"the Texas Local Geverr iment,Code provides that a municipality that creates a
NEZ,may enter into agreements abating municipal property taxes on property in the zone.
C, On July 31, 2001, the City adopted basic incentives for property owners who own property
located in a NEZ, stating that the City elects to be eligible to participate "in tai, abatement and
including guidelines and criteria governing tax abatement agreements entered into between
the City and various third parties, titled "NEZ Basic Incentives"', these were readopted on
February 5, 2O 13 (Resolution No. 1 The February 5, 2013 NEZ Incentives are attached
hereto as Exhibit"1"hereby made a part of the Agreement or all purposes.
The NEZ Incentives contain appropriate guidelines and criteria governing tax abat ement
agreements to be entered into by the City as contemplated by Chapter 312 of the Texts Tax
`ode, as amended("Code").
E On November 6, 2,012, the City Council adopted Ordinance No. 20488 "Ord ante"
establishing "Neighborhood Empowerment Reinvestment Lne No. 6," City of Fort Worth,
Texas("Zone")
"' Owner awns certain real property y legated entirely within the Polytechnic/Wesleyan NEZ and
that is more particularly described in Exhibit '11211, attached hereto and hereby made a part of
this Agreement for all purposes the "Prenu'ses").
OFFICIALRECOR'D
CITY SECRETARY
1413
RECEIVED
uwner or its assigns plan to construct the Required Improvements, as defined in Section 1.1
of this Agreement, on the Premises to be used as a single-family residence that will be
Owner occupied.
H* On March 71 2013, Owner submitted an application for NEZ incentives, and for tax
abatement to the City concer=' g the contemplated use of the Premises the "Application"),
attached hereto as Exhibit "3" and hereby made a part of this Agreement for all purposes.
Io The City Council finds that the contemplated use of the Premises,, the Required
Improvements, as defined M* Section 1.1, and the terms of this Agreement are consistent with
encouragi,ng 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.
* 1 ,#
NOW, THEREFOR-E, the City and Owner, for and in consic I teration 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 repair wner's home (collectively, the "Required Improvements"), the kind and
type of remodel are more particularly described in Exhibit 'W'. Minor variations in the Required
[mprovements from the description provided in the Application for fax Abatement shall not
constitute an Event of Default., as defined in Section 4.1,, provided that the Required Improvements
are in the manner described in Exhibit ''. Tarrant Appraisal District must appraise the property
(improvements and land) within 10% of$43,0100.
1,2. Comoletion. Date of Re wed Improvements.
Owner certifies that the Required Improvements will be completed within two, years from the
date of Council approval. The abatement will automatically terminate two years after Council
approval if a building permit has not been pulled and a foundation has, not been poured, unless
delayed because of force majeure, in which case the two years shall be extended by the number of
days comprising the specific force majeure. For purposes of this Agreement, force majeure shall
mean an event beyond Owner's reasonable control as determined by the City of Fort Worth in its
sole discretion, which shall not be unreasonably withheld, including,, without limitation, delays
caused by adverse weather, delays, in receipt of any required permits or approvals ftom any
governmental authority, acts of God, or fires. Force majeure shall not include construction delays
e
caused due to purely financial matters, such as, without limitation, delays in the o taining oL
adequate financing.
1.3. Use of Premises.
Owner covenants that the Required Improvements shall be used, as rental property in
accordance with the NE,Z Incentives,. In addition, Owner covenants that throughout the Terin, the
,Required Improvements shall, be maintained for the purposes set forth in this Agreement.
20 ABATEMENT AMOUNTS3 TERMS AND CONDITIONS,
Subject to and in accordance with this Agreement, the City hereby grants to Owner a real property
tax abatement of City of Fort Worth-imposed taxes on the Premises for the Required Improvements, as
specifically provided in this Section 2 ("Abatement"). Abatement does not include taxes from other taxing
entities.
2.1. 'Am,oc ant of Abatemeent.
The actual amount of the Abatement granted under this Agreement shall be based upon the
increase, in n value of the Premises due to the Required Improvements., over its value on March 26,
2013, the year in which both parties executed this Agreement.,
If the square footage requirement and the appraised value of the Required Improvements
are less than as provided in Section 1.I of this Agreement, Owner shall not be ell'gible to receive
any Abatement under this Agreement.
2,2 Increase in Value.
The Abatement shall be 100% of the increase in value from the construction of the
Required Improvements and shall apply only to taxes on the increase in value of the Premises due
to construction of the Required Improvements. The Abatement shall not apply to taxes on the
land, nor shall the abatement apply to mineral interests.
2.3. Term of Abatement.
The, term of the Abatement ( "'Term") shall begin on January I of the year following the
calendar year in which the Required Improvement is completed ("Begm* nWg Date") and, unless
sooner terminated as herein provided, shall end on December 31 immediately preceding the fifth
(5 th) anniversary of the Beginning Date.
4
2.4 Pro�tests Over Apl2raisals or Assessments.
Owner shall have the right to protest and contest any or all appraisals or assessments of the
Premises and/or improvements,thereon.
2.5. Abatement Agplication Fee.,
The City acknowledges receipt from Owner of the required Application fee of $100.00.
The application fee shall not be credited or refunded to Owner or its assigns for any reason.
RECORDS
AUDITS AND EVALUATION OF REQUIRED IMPROVEMENTS.
A 0
3.1. Insl2ecuon of Prefflisesl
Between the execution date of this Agreement and the last day of the Ten-n, at any time
during normal office hours throughout the Tenn 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 tern-is and conditions of this Agreement. Owner shall cooperate fully with the
City duri ng any such inspection and/or evaluation.
3.2. Lertification.
Owner shall certify annually to the City that it is 'in compliance with each applicable term of
this Agreement. The City shall have the right to audit at the City's expense the Required
Improvement with respects to the specifications listed in Exhibit 'W'. Owner must provide
documentation that Owner is using the Required Improvements as rental property (collectively, the
"Records") at any time during the Compliance Auditing r i;enn in order to,determine compliance with
this, Agreement. Owner shall make all applicable Records, available to the City on the Premises or at
another location in the City following reasonable advance notice by the, City and shall otherwise
cooperate fully with the City during any audit.
3.3 Provision of Information.
On or before March I following the end of every year during the Compliance Auditing Term
and at any other time if requested by the City, Owner shall provide information and documentation
for the previous year that addresses Owner's compliance with each of the terms and conditions of
this Agreement for that calendar year.
Failure to provide all Wormotion within the control of Owner required by this Section
3.3 shall constitute an Event of Default, as defm* ed M Section 4.1.
3A Deter nfination of Compliance,
On or before August I of each year during the Compliance Auditing Tenn City shall
make a decision and rule on the actual annual percentage of Abatement available to Owner for the
following year of the Term and shall notify Owner of such decision and ruling. The actual
percentage of the Abatement granted for a given year of the Tenn is therefore based upon Owner's
compliance with the terms and conditions of this Agreement during the previous year of the
Compliance Auditing Term.
4. EVENTS OF DEFAULT.
4.1. Defm* ed.
Unless otherwise specified herein, Owner shall be in default of this Agreement if(i) Owner
falls to construct the Required Improvements as defined in Section I-1 09 (h) ad valorem real property,
taxes with respect', to the Premises or, the Required Improvements, or 'Its ad valorem taxes with
respect to the tangible personal property located on the Premises, become delinquent and Owner
doles 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-, (ili), OWNER DOES, NOT USE THE
PREMISES, AS PRIMARY RESIDENCE ONCE THE ABATEMENT BEGINS; or (iv)
OWNER DOES NOT COMPLY WITH CHAPTER 7 AND APPE,NDEK B OF THE CODE
OF ORDINANCES OF 'THE CITY OF FORT WORTH (collectively, each an "Event of
Default"'),.
4.2. Notice to Cure.
Subject to Section 5. if'the City determines that an Event of Default has occurred, the City
shall provide a written notice to, Owner that describes the nature of the Event of Default. Owner
shall have sixty (60) calendar, days from the date of receipt of this written notice to fully cure, or
have cured the Event of Default. If Owner reasonably believes that Owner will require additional
time to cure the Event of Default, Owner shall promptly notify the City in wn'ting, in which case
(i) after advising the City Council in an open meeting of Owner's, efforts, and intent to cure, Owner
shall have M*nety (90) calendar days from the original date of receipt o�f'the written notice, or(11) if
Owner reasonab�ly believes that Owner will require more than ninety(90) days, to cure the Event of
Default, after advising the City Council in an open meeting of Owner's, effo�rts, and intent to cure.,
such additional time, if any, as may be offered by the City Council in its siolle discretion.
43, 'Teirnn"nation for Event of Default and Payment of Liquidated Damaus,
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
(1) harm the City's economic development and redevelopment efforts on the Premises and in the
vicinity olf'the Premises., (11) require unplanned and expensive additional administrative oversight
and involvement by the City; and (110 otherwise harm the City, and Owner agrees that the amounts
of actual damages therefrom are speculative in nature and will be difficult or impossible to
ascertain. Therefore, upon termination of'this Agreement for any Event of Default, Owner shall
pay the City, as liquidated damages; all taxes that were ablated in accordance with this Agreement
for each year when an Event of Default, existed and which otherwise would have been paid to the
City in the absence of this Agreement. The Cl*t,y and, Owner agree that this, amount is a reasonable
approximation of actual damages that the City will incur as a result ofan uncured Event of Default
and that this Section 4.3 is intended to provide the City with compensation for actual damages and
is not a penalty. This amount may be,recovered by the City through adjustments made to Owner's
ad valorem property tax appraisal by the appraisal district that has jurisdiction over the Premises.,
Otherwise, this amount shall. be due, owing and plaid to the City within sixty (60) days following
the effective date of termination of'this Agreement,. In the event that all or any portion of this
. I .
amount is not paid to the City within sixty (60) days following the effective date of termination of
this Agreement, Owner shall also 'be liable for all penalties, and interest on any outstanding amount
at the statutory rate for delinquent taxes, as determined by the Code at the time of the payment of
such penalties and interest (currently, Section 33.01 of the Code).
VVE
4.4. Ternu*nan'*on at Wi,1 110
If the City and Owner mutually determine that the development or use of'the Premises or the
anticipated Required improvements, are no longer appropriate or feasible, or that a higher or better
use is preferable, the City and Owner may terminate, this Agreement 'in a written format that is
signed by both parties. in this event, (1) if the Tenn has commenced, the Tenn shall expire as of the
effective date of the termination of this Agreement-, (ii) there shall be ono recapture of any taxes
previously abated, and(iii)neither party shall have any,further rights or obligations hereunder.
43 Sexuall.
Y oriented business & Li:guor Stores or Package StoresS
a. Owner understands and agrees that the City has the right to terminate this
agreement if the! Required Improvements contains or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the night to terminate this
agreement as determined in City's sole discretion if the Required Improvements, contains or will
contain a liquor store or package store.
5. EFFECT OF SALE OF PREMISES.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the Required
Improvements as rental property or the homeowner's mortgagee which City Council hereby agrees to, the
Abatement granted hereunder shall vest only in Owner; however if Owner sells the Premises and Required
Improvements, this Abatement cannot be assigned to a new owner of all or any portion of the Premises
andJor Required Improvements without the prior consent of I the City Council, which consent shall not be
unreasonably withheld provided that (i) the City Council -finds that the proposed assignee is financially
capable of meeting the terms and conditions of this Agreement and (ii) the proposed purchaser agrees in
writing to assume all terms and conditions of Owner under this Agreement. Owner may not otherwise
assign, lease or convey any of its rights under this Agreement. Any attempted assignment without the City
Council's prior consent shall constitute grounds for termination of this Agreement and the, Abatement
granted hereunder following ten (10) calendar days of receipt of written notice from the City to Owner.
Upon assignment to Owner's first mortgagee, or to a homebuyer who win use the Required
'Improvements as its primary residence or the homeowner's mortgagee, Owner shall have no further
obligations or duties under this Agreement. In addition, upon assignment to any other entity with the
written consent of City Council, Owner shall have no further duty or obligation under this
Agreement.
IN NO EVENT SHALL THE, TERM OF THIS AGREEMENT BE EXTENDED IN THE EVENT'
OF A SALE OR ASSIGNMENT'.
THE FAILURE OF OWNER TO SEND THE CITY NOTIFICATION OF THE SALE OF THE
REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF THIS
AGREEMENT WITH THE NEW OWNER WITHIN 30 DAYS OF' THE TRANSFER OF
OWNERSHIP OF THE REQUIRED IMPROVEMENTS SHALL RESULT IN THE AUTOMATIC
TERMINATION OF THIS AGREEMENT. THE NOTICE AND EXECUTED ASSIGNMENT
MUST BE SENT TO THE CITY BY CERTIFIED MAIL OR BY HAND DELIVERY.,
6, NOTICES,
All written notices called for or required by this Agreement shall be addressed to the following, or
such other party or address as either party designates in writing, by certified mail, postage prepaid, or by
hand delivery:
city: and Owner:
City of Fort Worth, Housing&Economic Development Dept. Sedn*ck Huckaby
Attn.- City Manager's, Office Attn: Jay Chapa, Director 1552 Roma Ln.
1000 Throckmorton I 010 Throckmoirton Ft. Worth., TX 76134
Fort Worth,Texas 76102 Fort Worth, Texas 76102
7. MISCELLANEOUS,
7.1. Ponds
The Required Improvements will not be financed by tax increment bonds. This Agreement
is subject to the fights 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
I
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.
7.36, Conflicts Between Documents,
In the event of any conflict between the City's zoning ordinances, or other City ordm* anccs 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.
7. . Future Apjglicatilon.
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.
5, Gl Couneft Authorization,
This, Agreement was authorized by the City Council through approval of Mayor and
Council Communication No. C-26171 on March 26, 2013, which, among other things, authorized
the City Manager to execute this Agreement gar behalf of the City.
7.6. Este► a Cer�tlfleaute
Any party hereto may request an estoppel certificate eate from another party hereto so long as the
certificate is requested In connection with a bona fide business purpose. The certificate, if requested,
will be addressed to the Owner, and shall include., but not necessarily ly be limited to, statements, that
this Agreement is in full force and effect without default r if an Event of Default exists, the nature
of the Event of Default and curative action taken r necessary to effect a cure), the remaining
term of this e ent, the levels and remaining to of the Abatement in effect, and such other
matters reasonably requested by the party or parties to receive the certificates..
7.7. Qwner S ta
Owner shall be deemed a proper and necessary party in any litigation questioning, or
challengingthe 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.
7.81. venue and JuAsdi'dion.
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 He in the State District Court of T' t County, Texas. This Agreement is
performable in Tarrant County, Texas.
7.91. Sever bill
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
imp,aired.
7.10 HeadM* NO ControUffig-
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
7.11., Ent r of reement
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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
EXECUTED this day 4Ac---L '20 13, by the C ity of Fo'rt Worth, Texas,
EXECUTED Chi's day of V,(",k 2013,by Sedfick Huckaby.
CITY OF' FORT WORTH. O'WNER,
By-
By# /70$"
Fernando Cos,ta fick Huc--irab`ly
Assistant City Manager Owner
A�f ;600000,
ATTEST.-
011/
By:
A Cays
00006d
C i ty S ecre
S
APPROVED AS TO FORM AND LEGALITY:
By.,
Meiinda Ramos,
Assistant Clity Attorney
M I& CO., C-26171
LOFFICIAL RECORD
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C Ty S AR
C�ITY SECR'ET RY
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F'T
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T,WoRTH,TX
STATE, OF TEXAS §
COUNTY OFTARRANT §
BEFORE, ME, the undersigned authon*ty, 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
01
the act of the said CITY OF FORT WORTH, TEXAS, a mumcipal 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.
GLEN UNDER MY HAND AND SEAL OF OFFICE this day of
9
52013.
Not hry Public 'in and for
EVONIA DANIELS
MY COMMISSION EXPIRES
the State of'Texas
Ju�10,2013
of 401,
Notary's Printed Name
STATE OF TEXAS §
COUNTY OF TA NT §
BEFORE, ME, the undersigned autholfity, on this day personally appeared Sedrick Huckaby, known
0
to me to be the person whose name is subscn*bed to the foregoling instrument, and acknowledged to me that
4,
he executed the same for the purposes and consideration therein expressed, 'in the capacity therein sta d.
ft-
UND MY HA AND SEA,L OF OFFICE this day of
Notary PuWid'ooin and for
the State of Texas
SAMR J.ODLE
My COMMISSION EXPIRES
Notary's Pfinted Name wvw4vr a,2015
Exhibit I-V N EZ Incentives
Exhibit 2: Property Description
Exhibit 3: Application: (NEZ,) Incentives and Tax Abatement
Exhibit 4: Required Improvements description including, kind, number and loication, of the proposed
improvements.
Exh ibit 5 Final Survey
Mitt
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) TAX ABATEMENT POLICY AND BASIC
INCENTIVES
1. GENERAL PURPOSE AND, OBJECTIVES
Chapter 378 of the Texas Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone (NEZ) when a "...municipaility determines that the creation
of the zone would promote-.
(1) the creations 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
res,idents of the zone; or
(4) the rehabilitation of affordable housing in the zone."
The City, by adopting the foll�olwi'ng 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, N' EZ 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 d�ifference between (i) the amount of increase in the appraised value a ireflected 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 Deal Property Improvements, excluding land, as determined by
'
the Tarrant County Appraisal District, during the year rehabilitation occur,S.
"Building Standards Com;missio!n" is the commission created under Sec. 7-,7'7', Article IV.
Minimum Building Standards Code of the Fort Worth City Code.
Adopted—February 5, 2013 1
u"r-%
apital 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 For Worth Tax Abatement Policy Statement,"means the policy adopted by City Council.
"CommerciallIndustrial 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 Improvements.,
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 Mode, Chapters 54 and 214.
"Minority Business Enterprise (MBE) and "Women Bush nessEnterprise (WBE)"'is a minority or
woman owned business that has received certification as either a certified MBE or certified
W 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 areal and office, eating and entertainment, and/or retail sales and service uses
constitute 110 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.
"l' It Development Project" is a development project which proposes to construct or
rehabilitate 3 or more multi-family residential living units on a 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 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—February 5, 2013 2
"Project" means a "Residential Project" "CommerciallIndustrial Development
Project""'Community Facility Project "'Mixed-Use Development Project olr a.
"Multi-family Development Project,
"Real Property Improvements" — me n:,s a habitable structure as defined by the Fort t Worth
Building b`od'e.
"Rein vestme t �n " is, an area designated as such by the City of Fort `"Forth in accordance
with the Property Redevelopment and Tax Abatement Act codiified! 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 t e Texaa Government Code.
"Residential Project"— means less than 3 residential units.
111. MUNICIPAL PROPERTY TAX ABATEMEI TS
A. RESIDENTIAL PROPER1`011ES LOCATED IN A NEZ- UL ABATEMENT FEIN FO
YEARS
RS
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 irimn ry 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 holrnest ad exemption- and
b. Property is rehabilitated! after NEZ designation and City Colunoil 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 Ease 'value of the Real Property
Im prove rents; 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 ble
eligible to, apple for a tax abatement by meeting the following:
a. Rea,l Property Improvements are constructed rehabilitated or . a ter E
designation and City Council approval of the tax abatement,
. 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 swill, and shall show proof of primary residence by
homestead exemption;
c. For rehabilitated Deal Property Improvements,, Elii gible Rehabilitation costs on
the Real Property Improvements shall be a u�al! 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, a property use that is legal non-conforrning shall not be eligible to
receive a tax abatement.
3. For investor owned sing,le family property, an investor shall be eligible to apply for a
to 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. For rehabilitated Real Property Improvements, Eligible Rehabilitation costs on
the Real Property Improvements shall be equa,l to or in excess of 30% of the
Base Value of the Real Property Improvements;
c,. Property is not in a tax-delinquent, status when the abate ment, application is
submitted; and
d Property is in conformance with the City of Fort Worth Zoning Ordinance.
Bi. MULTI-FAMILY DEVELOPMENT PROJECTS LOCATED IN A NEZ
1, 100% Abatement for 5 years.
If an applicant appl,ies for a tax abatement agreement with a term of five ears s or
.
less,, this section shall applv.
Abatements for multi-family development projects for up to 5 'years are subject to
City Council approval. The applicant may apply with the Houlsin g and Economic
Development Department for such abatement.
In order to be eligible for a property tax abatement, upon c,ompl�etioni, a newly
constructed or rehabilitated m,ulitil-fami�ly 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) and set aside to persons with incomes at or below
eighty percent (8101%) of area median income based on family size. City Council
may waive or reduce the 201% 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 l'iving units OR have a
minimum capital tal Investment,of$200,00o- or
(b) For a rehabilitation project, the Real Property Improvements must be
rehabilitated after NE,Z designation. Eligible Rehabilitation costs on the Real
Property Improvements shall be at least 30% of the Base Value of the Real
Property Improvements. Such Elig!ible Rehabilitation costs must come, from
the rehabilitation of at least, five (5 residential, living units or a minimum
Capitali Investment of$200,000.
Adopted—February 5,, 2013 4
2. 1%-100% Abatement of City Ad Valorem taxes LID to 10 vours
If an lipplicant apaLes for a tax abatement agreement with a term of more than five
,years., this section shall
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
Muilti-family projects shall be eligible for 100% abatement of City aid 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 compiliant 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
minlim�um 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 A-greiement
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 fol�lowing:
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 (AC A) 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. City Council may waive or
reduce the 20%, affordability requirement on a case-by-case, basis; and
Adopted—February 5, 2013 5
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 rehabillitatioln 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.
b. Any of terms as City Council of the City of Fort Worth deems appropriate,
including, but not limited to:
1- utilization of 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
5. commit to hire an agreed upon percentage of Central City residents,
6. landscaping,I
7. tenant selection plans; and
8. management plans.
C. COMMERCIAL9, INDUSTRIAL AND COMMUNITY FACILITIES DEVELOPMENT
PROJECTS LOCATED IN A NEZ
1. 100% Abatement of City Ad Valorem, taxes for 5 years
If an a li�cant, gpplies for a tax abatement agreement with a term of five years or
less I
., this section sh all ap I
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 Holusing and Economic Development Department for such abatement.
In order to be eligible for a property tax abatement, a newly constructed or
rehabilitated commiercial/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 mink num Capital Investment of
$75,000; or
b. For a rehabilitation project, it 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, or $75,10M, whichever is
greater.,
2. 1%-100% Abatement of City Ad Valorem taxes up to 10 years
If an applicant gpplies for a tax abatement agreement with a term of more -than five
years this section shall apply.
, i
Adopted--February 5, 2013 6
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, thro.0h 5 of'the Tax Abatement Aq- reement
Commercial, Industrial and Community Facilities Development projects shall be
eligible for 1'00% 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 N designation must have a minimum Capital Investment of
$75,000; or
b. For a rehabilitation project, it must be rehabilitated after NE Z designation. Eligible
Rehia bill iit,a,tion costs on the Real Property Improvements shall be at least 30% of'
the Base 'value of the Real Property Improvements, or $75,000, whichever is
greater.
Years 6 throw h 10 of the Tax Abatement A
Areement
Commercial, Industrial and Community Facilities Development projects shall be
eligible for 1%-1,00,% abatement, of City ad valorem taxes for years six through tell 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 Real Property improvements shall be
at least 310%, of the Base Value of the Real Property Improvements, 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,
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. 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.
Adopted—February 5, 20,13 7
r%
Ulm MIXED-USE DEVELOPIMENT' PROJEC,TS LOCATED IN A NE,Z
1 100% Abatement of City Ad Valorem taxes for 5 years
If an applicant applies for a tax abatement acireement with a term of five ears or
less, this section shall ap
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 relhabillitated milxed-use development project in a NEZ must satisfy the
following-.
a. Residential uses in the project constitute 20 percent or moire of the total Gross
Floor Area of the project. 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 comipliant with, the Americans, with Disability Act cAD,A 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 a minimum Capital Investment of$2001,000; or
(2) For a rehabilitation project, it must be rehabilitated after NEE designation.
Eligible Rehabilitation costs, on the Real Property Improvements shall be at
least 30% of the Base 'Value of the Real Property Improvements, or
$2,00,000, whichever is greater.
2. 1%-100% Abatement of City Ad Valorem taxes_u to 10
If an appilicanti 1 . ree
plies for a tax abatement, aq ment with a term of more than five
years,, this section shall
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 througj15 of the Tax Abatement Agreement
Mixed Use Development projects shall be eligible for 1 O�0% abatement of City ad
valorem taxes for the first five years of the Tax Abatement Agreement upon the
satisfaction, of the followi,niga i.
Adopted—February 5, 2013 8
........................................................" ,
C1#n, Residential uses, in the, pro*ect constitute 20 percent or more of the total Gross
F
Floor Area of the project. 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 aide to, persons with
incomes, at or below eighty percent (80%) of area median income based on
famlily 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 5104 of the Rehabilitation Act, and must be fully accessible and 2%
of the total units constructed must be fuilly accessible to persons with sensory
impairments,- and
b. Office, eating and entertainment, and/or retail sales and service uses in the
project constitute 1,0 percent or more of the total Gross Floor Area of the project,
and
ic. 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
Real Property Improvements, shall be at least 30% of the Base Value of the Real
Property Improvements, or $2010,000, whichever is greater.
Years 6 throe 10 of the Tax Abatement Agreement
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-; 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 must be fuilly 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 1,0 percent or more of the total Gross Floor Area of the piroject,
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
Real Property Improvements shall be at least 30% of the Base Value of the Real
Property Improvements, or$2001,0010, whichever is greater; and
d. Any other terms as City Council of the City of Fort Worth deems appropriate,
including, but not limited to
Adopted—February 5, 2013 9
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
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 Ill.
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. fax Abatements for a new construction project will automatically terminate two
� i ,
years after Council approval of the tax abatement if a building permi t 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 agreemenit 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
Adopted—February 5, 2 0,13, 10
ib. Not have any City of Fort, Worth liens, filed against any property or 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.
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
viollation.
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 to
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 facilifies and mixed-use development project in
the NEZ,who, desires a tax abatement under,Sections 111.13, C or D must,*
a. Satisfy the criteria set forth in Sections 111.13, C or D, as applicable, and Sections
Ill. .1 E,.2; and E,3., 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 pirovide 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
I
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 lirnited to -the year(s) in which the default occurred
or continued.
11. The terms, of the agreement shall include the City of Fort Worth 11 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 Is sole discretion, if the Project
contains or will contain a liquor store or package store.
Adopted—February 5, 2 013
12. Upon completion of construction of the facilities, the City shall no less than annually
evaluate each project receiving abatement to insure l compliance with the terms of the
agreement. Any incidents of non-compliance will be reported to the City Council.
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
I
provide information, and documentation
ln which, details the property or
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
is
t I I
h information and to provide the required certification by the above l deadline shall
result in cancellation of agreement and any taxes ablated 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
agrelelmelnt 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 governed under Section III.A is
$100.
3. The application fee for multi-family, commercial,, industrial, community facilities and
mixed-use development projects governed under Sections III.B., C. and D., is one-
half of one percent (01.5%) 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 RECIPIIENTS/P,ROPERTIES
1. City Council shall determine on a case-by-case) basis whether a Project that will
contain or contains a liquor store, or package More is eligible to appily for a fee
waiver.
2. If a, Project is located, in the Woodhaven Neighborhood Empowerment Zone, in order
to be considered ii 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 re:quired.3. Projects to be constructed on property to be purchased
under a contract for deed are not eligible l for development fee waivers.
3. In order for a property owner/developer to be eligible to apply for fee waivers for a
Project, the property owner/developer:
Adopted–February 5, 2013 12
a. must submit an application to the City,
b. miust not be delinqluenit in paying piroperty taxes for any property owned by the
owner/developer or applicant;
c. must not have any City liens filled against any property owned by the appilicant
property owner/developed 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 application and waiver of the fees shall, not be deemed to be
appirolv ul of any a§ eat of the Project. Before construction, the-ap licant must
ensure that the I district.
project is located in the correct zonigg, d*st i
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,Cit y of Fort Worth for Projects in the NEZ
are waived for new conis,tructilo,n projects or rehabilitation projects that expend at least
30% of the Base Value of the Real Property Improvements 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 Plant Preliminary Plait, Final, Plat, Short Forma
Replat)
c) Board of Adjustment,Application Fee
d) Demolition fee
e) Structure Moving, Fee
f) Comirnunity 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. If a permit or application listed, in B (1) is expired, the fee to reactivate, renew or reapply
shall, not be waived. In addition,, penalties and extension fees or re-permitting fees will
not be wa,ived.,
3. Neighborhood Empowerment Zone Fees not waived or reduced:
a.) Investigation Fees
b.), Plan Revision Fees
01 Change of Record Fees
d.) Inspection outside, of normal business hours Reinspeiction Fee,
e.) Annual Fire Inspection Fees
Adopted—February 5, 2 013 13
A
4f 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.
Autiornatic 100% waiver of water and wastewater impact fees will be applied.
2. Commercial, industrial, mixed-use, or community facility development projects in the
Z.
a. Automatic 100%, waiver of water and wastewater impact fees up to $55,000 or
equivalent to, -inch meters for each commercial, 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 a
waiver for larger and/or more thane two, 6-inch meter exceeding $55,000, then City
Council approval is required. Applicant may req�ues,t the additional amount of
impact fee waiver through the Planning and Development, Department.
V'. RELEASE OF CITY LIENS
A. ELIGIBLE RECIPIENT'S/PROPERTIIES
1. Project must be located in a NEZ.
2. City Couinci�l 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 Neig,hborhood 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 eligibile for any release of City Liens.
5,. In order for a property owner/develolper to, be eligible to apply for a release of' city
liens, contained in Section V.,B., C-1 D.,, and E. for a Project, the property
11
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/develolpler,
c. must not have been subject to; a Building Standards Commisisi n'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. "L,iens" includes, but is not limited to,
weed liens, demolition liens, board-,up/'open structure liens and paving liens; and
Adopted—February 5, 20,13, 14
e. of a Project that contains or will contain a liquor store, package store or a sexually
oriented, business has received City Council's determi nation the Project is eligible
to receive a release of City liens.
6. In order for a Rehabilitation Project to qualify for a release of city liens, the
owner/developer must a ends Eligible Rehabilitation costs on the Property of at least
30% of the Base Value of the Property.
7. Liens listed in this Polli�c,y shall be released, once the Project Improvements have been
made to the property.
8. Any liens filed after the i itiali certificatilon, of the property shall not be released.
13. 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 perform in rehabilitation, on multi-family, commercial, industrial, rnixed-uis,e,
or community facility properties.
4. Developers constructing new multi-fauteuil y, commercial, industrial, mixed-use or
community facility deve,lio,pm,ent projects.
C. DEMOLITION LIENS
Builders or developers developing or rehabilitating a property for a Project are eligible to
apply for release of demolitioln liens for up to $30,000. Releases of demolition liens in
excess of$310,0100, are subject to City Council approval.
D. BOARD-UP/OPEN STRUCTURE LIENS
The following are eligible to apply for release of boar d-up/olpen 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, colmmercial, industrialy mixed-use, or
community facility projects.
E. PAVING LIENS
The foillowinig, 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 rriullti-family,, commercial, industrial, mixed-use,
or community facility properties.
Adopted—February 5, 2 013 151
ly iall, indlustrial,
4,., Developers, constructing multi-famill y commer c mixed-use, or
community facility projects.
F. All other City liens will not be waived.
VI. PROCEDURAL, STEPS
A* APPLICATION SUBMISSION
1. The applicant for NEZ incentives under Sections 111. IV'., and V. must complete, and
submit a City of' F'ort Worth ""Application for NE Z Incentives" and pay the appropriate
application fee to the Planning and Development Department, as applicable.
2. The applicant for incentives under Sections III. .2 and D.2 must also complete and
submit a City of Fort Worth "Application for Tax Ablatem�ent"' and play 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 NE Z certifications for incentives will explil�re after five years.
4,. N'EZ 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 111111. IV, AND, V
1. The Planning and Development Department will irevie w the application for accuracy
and completeness. A complete application must include prolof't'hat:
1 w 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 I 11.1 IV., and V'w of this policy, as applicable. Once an
applicant's, elii�giibility 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 includem,
a. Housing, and Economic Development Department: property, tax abatement for
residential properties and multi-farnily development projects, release of City liens.
b., Housing, and Economic Development Deplartmient: property tax, a�blatement for
commercial, industrial, community facilities or mixed-use development projects.
c. Planning and Development Diepla�rtment: development,fee waivers and release of
City liens.
d. Water Department: impact fee waivers.
e. Other appropriate departments,, if applicable.
Adopted—February 5, 2 013 16
left
APPLICATION REVIEW AND EVALUATION FOR APPLICATIONS
1. Property Tax Abatement for Resin antral Properties and Multi-family Devellolpm�ent
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.
bi. For a completed and certified multi-family de,velopimen�t project application for
moire than fig o 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 ihaso.
(b) Costs to the City (such as infrastructure participation, etc.).
(c) Percent of construction contracts committed to:
(i) Fort Worth biased firms, and
(ii) Minority and Women Owned Business Enterprises (M/WBEs).
ku) 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, obil�igation 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 Cerl-ificate 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 pro act 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
i
abateanent 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 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 oficonstruction contracts committed to'.
(1'), Fort Worth biased firms, and
(ii) Minority and Women, owned Business Enterprises (M/WBEs),.
Adopted—February 5, 20 13 17
(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.
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,i 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
approlv,all,, City staff will review the certified applicant,'s application and make
appropriate recommendations to the City Council.
4. Impact Fee Waiver
a. For certified appli'cat,i,oinis, of impact, fee alvers that do not require Council
approval, the Water Department will irevie w the certified appillica�nt's a�pipilicatiioin
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 Lielns
For certified applications of release of City liens, the Housing and Economic
Development Department will release the, apipropriate liens on NE,Z tax abatement
applicants. The Planning & Development Department will release liens on FEZ basic
incentives appilicants.
V11. 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.
V111. OTHER INCENTIVES
A. The City, Council may add the following incentives to a NE Z in the Resolution adopting
the NE,Z.-,
Adopted— February 5, 2013 18
1. Municipal sales tax refund
2. Hornebuyers assistance
3. Gap financing
4. Land assembly
5. Conveyance of tax foreclosure properties,
6. Infrastructure improverrients,
7. Support for Low Income, Housing Tax Credit (LIHTC) applications
iives and zoning/bu*id*
8. Land use ini,cenit' i ing code exemptions, e.g., mixed-use, density
bonus, parking exemption
9. Tax Increment Financing (TIF')
10. Public Improvement District (PIID)
11. Tax-exempt bond financing
12. New Model Blocks
13. Loan guarantees
14. Equity investments
15. Other incentives that will elffectuate the, intent and purposes of NEZ.
Ix. Pubillic Notifilcati'on
a., Subject to subsection (b), in order for an owner/developer to apply to receive any
I, provided for under the NEZ Tax Abatement Policy and Basic Incentives,
an owner/develolper must meet with the following persons and organizations to
discuss the Project:;,
1. the Council Member for the District the Project is 11olicated; and
2. the neighborhood associations or, commiinity based organizations, registered
with the city that are within 300 feet oft proposed Project. The
measurerne!nit 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/develloper meeting with the City Council Member for the District the
Project is located and the neighborhood associations or communits r)lased
organizations registered with the city, that are within 300 feet of the proposed
Project, or
2. meeti �gi ith the City Council Member for the District the Project is located and
upon,, the o:wner/developeir 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 locat+ed and the associations or organizations failed to arrange a
meeting with -the owner/developer within two weeks, of i�nitia!l contact.
c. Accepted proof of 91,attempts to meet, with the registered organizations will be
satisfied with the following.-
1. a copy of a cert,if'iied 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.
Adopted—Febmary 5, 2 013 1 91
XMI Inellgl[ble Pr2lects
The following Projects or Businesses, shall not be eligible for any incentives under the City of'
For Worth's Nelighborhood E,mpolwerment Zone (NEZ) Tax Abatement Policy and B,as,ic,
Incentives.*
1. Sexually Oriented Businesses
2. Non-residential, mobile structures
X1. DenmiW Ap Hocations
a. NEZ applications will be denied 30 days after submission iif 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 wlatholut paying a new application fee.
Adopted—February 5, 2013 20
AT'TAC H':M E 1SI T 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 devellolpment and impact fees, normally waived through the Neighborhood
Empowerment Zone (NI�EZ).
►pp[icability
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 gualified 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 b ailved through the NEZ include,,-
1. All building permit fees (including Plans Review a insipectio nos
i)
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 r aiversi, 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 obtaininig the qualification letter from the Planning and Development
Department.
A property owner and/or developer may ualify 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 an
a,. The owner and/or developer was not made aware of the NEZ incentives at the
time the fees ware paid or
b. The owner and/or developer was mistakenly told that his/her property was not in
a designated N Z; or
Adopted—February 5I', 20 13 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 pro j'act
,l
or
d. City Council authorizes a City Department,to issue a refund to the
owner/developler.
Refund Charge
A refund charge will be assessed to help defray administration cost associated with the
processing of refund check,. The charge shall be 2,0% of the amount of the refund. is
charge will be automatically deducted from the total refund amount.
Statute of L"Imitat'lions
i
Any request, action or proceeding concerning the refund of fees normally waived
through the NEZ must he 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 N application to the Planning and Delve lo p ment 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 N,EZ fee waiver criteria, that Department shall process the request
based on the qualifications discussed in this policy.
0
Exemptl ions
The provisions of this policy do not apply to:
a. Fees that are not waived through the NEE 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 qual�ify for any refund if:
a The applicant was made aware of the NEE incentives, before he/she pays the
fees; or
b. The apiplican,t does not meet the requirements for NE,Z incentives at the time
he/she paid the fees; or
c r'he applicant paid the fees, before the refund policy was put, in place; or
. 1 1%
d. The applicant, paid the feels, before the d,es,ignation date f'the NEE.
Disclaimer
In the event of and conflict between the City's, ordinances or regulations and this policy,
such ordlinances, or regulations shall control. In the event of any conflict between this
Adopted—February 5, 2013 22
policy and other pollicies 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
Exhibit"2"
Property Description
1913 Wallace Street, T'ract 4C of the J., Teull Survey, Abated #1530, in the City of Fort Worth, Tarrant
County, Texas, and as shown on the Plat recorded in Volume 1145, Page 615, Deed Records, Tarrant
County, Texas
Exhibit 3
FORT WORTH Appkation No.,
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWURMENT ZONE (NEZ) PROGRAM
PROJECT CERTIFICATION APPLICATION
11 APPLICATION CHECK LIST - Please submit the following documentation,
[� A completed application forrn
0 A list of all properties owned by the applicant, owner, developer, associates,, pn*ncipals, partners, and agents
in the City Fort Worth
Non Refundable Application fee-For all Basic Incentives applications excluding Tax Abatement the
applica mien fee is$25.010. For multifamily,commercial,industrial,commercial facilities,and mixed use tax
abatement applications: 0.5%of the tot Capital Investment of the project, with a S200.00 minimum and,
not to exceed S2,000.00- For residential tax abatement applications: S 100.00 per house.
V
EJ 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 requi Wed for tax abatement application.)
0
Title abstract of the property(only if applying for release of City dens)
A reduced I I x 17 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
El Copy of Incorporation Papers noting all princlipals,partners,and agents if applicable
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
followed guidelines of NEZ Strategic Plan if a Strategic Plan is in place for the specific NEZ.
El Support letter from Woodhaven Neighborhood Association and Woo dhaveer 'Co nununity Development
Corporation For projects located in Woodhaven,N EZ only)
INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL ALL REQUIRED
DOCUMENTS SHOWN IN rFHE ABOVE CHECKLIST ARE SUBMITrED 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' NEE CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT, ALL
BUILDING PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION WAS
APPROVED,j OR WITHIN THE 12 MONTH PERIOD THAT: THE TAX ABATEMENT WAS APPROVED, OR YOU
WILL BE REQUIRED TO RE-APPLY FOR NEZ INCENTIVE SO
...........
110 APPLICANT AGENT INFORMATION
1. Applicant: Sedn"ck Huckaby 2. Contact Person. Sedn*ck Huckaby-,
3. Address-, 1552 Roma Lane Fort Worth Texas 76134
Street city State Zip
0
4. Phone no.-. 817-551-6572 5. Fax No., N/A
6.
Err ad: sednickhuckaby6i�yahoolcoln
7,,, Agent(Iif any) N/A
8. Address.*
Street city State Zip
91. Phone no..- 110. Fax No.-.,
11. Email:
Revised July 22,2 0 10 1
MTWRTH Appfica6on No.
0"�
PROJECT EL BI IT'
I., Please list down the addresses and legal descri"ptiions of the project and other properties your
organintion owns in Fort Worth. Attach metes and bounds description if no address or legal descnption
is available. Attach a map showing the location of the p i'ect
r0
Table I Property Owne hi p
Address Zip Code . ....... Eel—al Description
Ll' qject Location) Subdivision Name Lot, Nn. i Block No:,
1913 Wallace St. 76105 Tuell,fames survey A-1530 tR
Other properties owned m the City of Fort Worth continue on a separate sheet and attach if necessary,
................
..................
.............
----------
2. For each property listed in Table 1, please check the boxes below to indlicateff.-
G there are taxes past due;or
L-] there are City liens; or
EJ 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 Cl Dens
Property City Liens on Property
Address Taxes Weed Board-up/Open I Dienio lit im Paving 71 Order of
u:e Liens Stu tore Liens Liens Liens Demolition
.............
1,913 Wallace St.
..........
0 El 1:1
11 7 El 1 0
Li
(Please attach additional sheets of paper as needed.)
If' there are taxes due or liens against any property in the City of Fort Worth you mily not el i gii b I e
for NEZ incentives
Revised July 22,2 010 2
FORT WORTH A pphcation No.
3. Do you own,other properties under other names Yes 9 No
If Yes, please specify N/A
4. Does the proposed project conform with City of Fort Worth Zoning? [:]' Yes No
If no, what steps are being taken to insure compliance?
58, Project
Type: Single Family Multi-Family Commercial Industrial Community Facilities Mixed-Us
Owner Occupied
Rental Promsrty
61, Pl.. se descnibe the proposed residential or commercial project., Kemodel Reftirbish,and rg-eons truct
EXLqina strUju�[e-
70 If your project"is a commera*al,industrial,or mixed-use project, please describe the types of
businesses that are being prop osed-resi den tal sggod used as both living,and Studig,
8. Is this a new construction or rehab project? New Construction N Rehab
9. How much is the total development cost of your project?
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 90 [] Yes 0 No
*Eligible rehabilitation includes only physical improvements to real property. It does NOT include:
AM 's
Front yard fencig 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.
I L How much is the total square footage of your pr 0j"ect9. 2495 square feet
If alliDlyinp.for a tax abatement lilesse an&wer auptntions 1-2-- i& Ifunttikin tn[nart ITT Incelnitives
12.For a single-famb hommnersh*n. mix d M.Ualr multi-famiLy dev 10111ment please fifl 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 Ran se of Owners or Renters,
Number of'Units, Percentage
Income Range L
> 80%of AMFI** N/A N/A
Js
At or below 80%of AMFI N/A N/A
Total Units
**AMF1: Area Media,n Family Income, Please see attachment for income and her payment,guidelines.
13. For a multifam"Iv nrol"ecLto be quallified for tax abatement., at least 20% of total units shaU be
M
affordable to fir if at or below 80% of A Check the box, lifyou are requesting a waiver ofthis
requirement 1:1
14. Eor a com. eLc6l, *ndustrial o itv facilities; 'Indicate square footage of non-
I I L
r *dential space.
esi
Commercial i Industrial Community Facilities
square feet square feet square feet
Revised July 22,20:10 3
FORT WORTH Application No.
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 PE! iect
Items Amount Notes
Total
***Capital investment includes only real property improvements such as new facilities and structures, site improvements, facility
expansion, and facility modernization. Capital, Investment DGES NOT include land acquisition costs end/o�r any existing
improvements,,or personal property(such as machinery, equipment, and/or supplies or inventory).
I * a 0 - how many employees will the
16. EUr.IL 121 induslHal- egm un'tv facilitv or tuixed-ul.
project,generate?
170 JEor 11 mixed-&=ro please indicate the percentage of all uses 'in the project in the following table.
Table 5 Percentage of Uses,in a Mixed-Use Project
Type Square Footage Percentage
Residential 300 15
Office 200 10
Eating 300 15
Entertainment 30!10 15
Retail sales,
Semce 900 45
'Total
111 INCENT11VES What incentives are you applying for?
Mumcinal r Uertv lax Ahatemgjb
Must provide Final Plat Cabinet and Slide for Tax Abatement Cabinet Slide
N 5 years, E]More than 51 years,
[]Residential owner occupied OResidential Rental Property D ►. a ents,(5 plus units) Commercial
Devel Ument Eee Waix=
:R All building pern�t related fees(including Plans Review and Inspections)
El Plat application fee(including concept plan,preliminary plat,final plat,short form rep'at
Zoning application fee [:] Board of Adjustment application fee
Demolition fee E] Structure moving fee
Community Facilities Agreement(CFA)application fee
Street and utility easement vacation application fee
Imn.2 Egtaaivea.�-The maximum water/wastewater impact fee waiver amount for a commercial, industdal, mixed-
tne,tq or nommimitv far.ilitv davAlonMAnt nrninrl i.;t P.nijivalp.rit to thP.watP.r/w;;.c;tAwatAr imnant fp.tR of two 6-inch MAW.%
Water (Meter Size (No. of meters J Transportation
Release oL City L,lens,
E] Weed liens Paving liens Board up/open structure liens E:] Demolition liens
nevi seal du ly 22,20 1 0 4
F Drir WORTH
Application No.
111. ACKNOWLEDGMENTS
I hereby certify that the information provided is true and accurate to the best of my knowledge. l hereby
acknowledge that l have received a copy of FEZ Basic Incentives, which govems the granting of tax abatements, fee
Waivers and release of Cite liens, and that any VIOLATION of' the tenns of the N Z Basic Incentives or
MISREPRESENTATION shall constitute ground for rejection of an application or termination of incentives, at the
discretion of the City.
1 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 f`rorn the City and in
ensuring the project is located in the correct zoning district.
1 understand that my application will not be processed if it is incomplete. 1 agree to provide any, additional
infonnation for detennining eligibility as requested by the City.
i Ck 7 L - 1,3
(PRINTED OR TYPED NAB ��1T�"�I+ �� E (DATE)
Please i or fax your apptic atio a to
City of Fort Worth Planning and Development a t
1000 roc o na Street,Fora o "I 6102
"el (817)392-2222 Fax** (8 ')392-8116
Electronic"version o,this form is available on our website. For more information on the l EZ Program,please visit
our web site at .fo orthgo .or ;planan l*ng and evelop ent
fc Usk Only
lic atiora l" o. to which l" EZ? Council District
Application Completed Date(Received date -1, "on"o w' Zoning? El Yes o
Type? SF El Multifamily Commercial 0 industrial 0 Community facilities DMixed-Use
Construction completion date` El Before N EZ El After NEZ Ownership/Site Control Yes El No
TAD Account l out � Consistent with the l' EZ plan? 2111 Is No
Meet affordability testy Yyes �] No Minimum
Capital Investment'.? es E]No
Rehab at or higher than XP/o? es []No :meet mixed-use definition? � No
Tax current on this property? Yes loo Tax current on other properties` Yes No,
City liens on this propel City liens on other properties'
"weed liens 01 Yes ZNo * Weed liens Yes o
* Board-up/open structure l i em Yes No * o Ord-up open structure liens El Yes o
Demolition liens Yes IN o e Demolition liens El Yes o i
* Paving liens ❑ Yes o el Paving liens Yes
o ord of d lition Y s 9 Order of demolition Yes No
Certified? Fy9es No
Certified b late certification issued. . .
If not certified,..reason.
Referred to: []Economic Development [:]Housing []Development Wat Colde OTPW
Revised July 22,2010 5
Exhibit 1`419
Project Description
Rehabilitation of a single, family residence as follows.-
Replace Roof'
Replace Doors and Windows
Removing wall, and enlarging living room
Replace sheetroc,k
Foundation repair
Painting
illy)
4
r
"U
1111im 11111111 111 Jim,-
n",
i� t9 PAR 110,,XT, gwggg 51�ag"Ali
'0
OWN
77,fV,,7M'
xAffw' , C* WTI
0' 0 0 01 0
Tl,�I...... " 01 K,tf
REFERENCE
"I ILI ni A Ulu: A
DATE: 3/26/2OA3 C-26171 L NAME: 11 7NEZ1 913W/1 LLAf"*E
11141%mi
NON- PUBLIC
C 0 D"El C TYPE: f_%1 0%N S E Ni T 1 10%41 NU
HE'ARINUO
X A t A
kD -a'y for,
SUBJECT: Authorize Execution of Five-Year Ta it ' atemen /Agreement with Siedrick Huck Ul
P rope rty Located at 19113 Wal I I ace Street i n, th e Po l'yte ch n ic/Wes I eya n N e ig hb o rhoo-a'
Empowerment Zone, (COUNCIL DlST'r\1lCT 5)
RECOMMENDATION:
it is recommended that the City Council authorize the execution of a fivei-year Tax Abatement
i i
Agreement with Sedri'ck Huckaby for the property at 1913 Wallace Street On:the
Polytechn,ic/Wes,ileyan Neighborhood Empowerment Zone, in accordance wiith the Neighborhood
Empowerment Zone Tax Abatement Policy and Basic Incentives.
DISCUSSION:
Sedr�ick Huc,kaby (Property Owner) is the owner ofthe proper'ly described as Tract 4C of the J. Teull
Survey, Abstract No. 1530, in the Ciry of Fort Worth, Tarrant Co,uinty, Texas, according to the Deed
recorded' in Volume 1145, Page 6151, of the Deed Record�s of Tarrant County, Texas, at 1913 Wallace
Street, Fort Worth, Texas. The property is located within the Pollytec,hnic/Wesl�eyan Neighborhood
Empowerment Zone (NEZ).
The Property Owner plans to ilniv�est an estimated amount of$43,000.00 to r,ehabil�itate an
apiproxim�ately 1,800 square foot single family residence (Project). The Project will be used ails rental
property.
The Housing and Economic Development Department reviewed the application and certified that the
property owner and Project met the eligibility criteria to receive a NEZ Municipal Property Tax
Abatement. The NEZ Basic Incentives includes,a,five-year Municipal Property Tax Abatement on the
increased value of improvements to the qualified owner of any new construction or rehabilitation
within the NEZ.
Upon execution of the Aglree,ment, 100 percent of the assessed value of the improvemie�n�ts used for
calCulating municipal property tax will be frozen for a period of five years starting January 2014 at the
estimated pre-impr�ovelm�ent valuie, as diefined by the Tarrant Appraisal District (TAD), for the property
as follows-.
Pre-Improvement TAD Value of Improvements $127,010�0-00
Pre-Improvement Estimated Value of Land $ 3,000-00
Total' Pre-Improvement Estimated Value $3,010,001.00,
The municipal property tax on the improved value of Project after construction is estimated in the
amount of$367-65 per year for a total amount of$1,838.25 over the fiv,e-iyear peirio�di. H�olwev,er, this
estimate may differ from the actual tax abatement value, which will be calculated biased on the
i
Tarrant Appraisal District appraised value of the property.
In the event of a sale of this property, the NEZ Tax Abatement Agreement may be assigned to a new
ownerl's first mortgagee or a new owner as rental property. Ali other assignments must be approved
by the City Council.
This property is located' in COUNCIL, DISTRICT 5�.
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FISCAL, INF RMATI OI!MER-rIFICATI' :
The Financial Management Services Diiirec,toar certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Subirnitted for City P Jana er's Office b Fernando Costa (61212)
+ rli 1inati�n g Department Head: Jay Chapa (5804)
Cynthia Garcia (8187)
,Additional Information Contact: Sarah Oldie (7316)
ATTACHMENTS
1913, Wallace d'f
1913 Wallacel NEZl a sforC un ll. df
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