HomeMy WebLinkAboutContract 44347 C"SEC
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TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A
NEIGHBORHOOD EMPOWERMENT ZONE
313 East Mason Street
Thi's TAX ABATEMENT AGR E EMENT ("Agreement" is entered into by and between the
CITE'' OF FORT WOR"T"H, TEXAS (the "City"), a home rue municipal eoirporatioln organized under
the laws of the State of Texas and acting by and through T.M. Higgins, its duly authorized City Manager,
and Angela Torres Moore "'Owner"), owner of property located at 313 East Mason Street, Block 1 I Lot
l9, JS Smith Addition., in the City of :pert Worth, Tarrant County, Teas, and as shown on the Plat
recorded in Volume 20 , Page 118, 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:
A. Chapter 378 of the Texas Local Government Code allows a municipa lity to create a
'Neighborhood :fin even-rent Zone NEB if the municipality determines that the creation of
the zone would promote:
(1) Te creation of affordable housing, including manufactured housing in the zone-,
(2) An increase ire economic development in the zone;
(3) An increase in the quality of social services, education, or public safety provided to
residents of the zone- or
(4), The rehabilitation of affordable housing in the zone.
Chapter 378 of the Texas Local Government Code provides,that a municipality that creates a
NEZ,may enter into agreements ablating municipal property taxes on property in the zone.
C. On ,July 31, 20,0 1, the City adapted basic incentives for property owners who own property
located in a NEZ, stating that the City elects to he eligible to plartieipate in tax abatement and
including guidelines and criteria governing t abatement t agree eats entered into between,
the City and various third parties, titled. 'NEZ, Basic Incentives", these were readapted on
February 5, 2013 Resolution No. 4180). The February 5, 2013 NEZ Incentives are attached
hereto as Exhibit"I"hereby made a part of the Agreement for all purposes.
D. The NEZ Incentives contain appropriate guidelines and criteria governing tax abatement
agreements to be entered into by the City as contemplated by Chapter 312 of the Texas Tax
Co de, as amended ("Code").
E. On December 7, 2010, the City Council adopted Ordinance Nol. 1 9462 "O rdm"an ce"
estahlishinfi"Neighborhood Empowerment Reinvestment Zone e� ��, City
of Fort Worth,
Texas ("Zone").
F. Owner owns certain real property located entirely within the Hemphill/Berry NEB and that is
sere particularly described in Exhibit "T', attached hereto a f this
Agreement for all purposes(the "Prenfises"). OFFMAL RECORD
CITYSECRETARY
FTO WORTH9 TX
C - 1"
Al" Owner 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 7, 2013, Owner submitted an application for NEZ incentives and for tax
abatement to the City concerning the contemplated use of the Premises the "Application"),
attached hereto as Exhibit "3" mid hereby made a part of this Agreement for all purposes.
11 The City Council finds that the contemplated use of the Premises, the Required
Improvements, as defined in Section 1.1, and the terms of-this Agreement are consistent with
encouraging development of the Zone in accordance with the purposes for its creation and
are in compliance, with the NE Z 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 NE Z Incentives.
K. Written notice that the City intends, to enter into this Agreement, along with a copy of this
Agreement, has been fumished in the manner prescribed by the Code to the presiding
officers of the governing bodies,of each of the taxing units in which the Premises, is located.
NOW,THEREFORE, the City and Owner, for and in consideration of the terms, and conditions set
forth herein, do hereby contract, covenant and agree as follows:
10 OWNER'S COVENANTS,
1.1. Real Properjj Improvements*
Owner shall construct, or cause to be constructed, on and within the Premises certain
improvements consisting of a single-family residence, of at least 878 square feet in size and built
to the specifications, listed in Exhibit "4", (collectively the "Required Improvements"). Tarrant
Appraisal District must appraise the property (improvements and land) within 10% of$52,000.00.
Owner shall provide a survey of the home upon completion of the Required Improvements. The
parties agree that the final survey shall be a part of this Agreement and shall be labeled Exhibit
1151% Minor variations and more substantial variations if approved in writing by both parties to this
Agreement before construction is undertaken in the Required Improvements from the description
provided in the Application forTax Abatement shall not constitute an Event of Default, as defined
in Section 4.1, provided that the conditions in the first sentence of this Section 1.1 are met and the
Required Improvements are used for the,purposes and in the manner described in Exhibit "4",
* a 1W
1.20 Com let on Date of Reg uireatmprovements.
Owner certifies that the Required Improvements will be completed within two years from the
date of Council approval. The abatement will automatically to it 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 from any
governmental authority, acts of God, or fires. Force majeure shall not include construction delays
caused due to purely financial matters, such as, without limitation, delays in the obtaining of
adequate financing.
1.3. Use of Prenu'ses.,
Owner covenants that the Required Improvements shall be used as rental property in
accordance with the NE? Incentives. In addition, Owner covenants that throughout the Term, the
Required Improvements shall be maintained for the purposes, set forth in this Agreement.
20 ABATEMENT A UN ERMS AND CONDITIONS.
Subject to and in accordance with this Agreement, the City hereby grants to Owner a real property
tax abatement of City of Fort Worth-imposed taxes on the Premises, for the Required Improvements, as
specifically provided in this Section 2 ("Abatement"'). Abatement does not include taxes, from other taxing
entities.
2.1. 'Amount of Abatement,
The actual amount of the Abatement granted under this Agreement shall be based upon the
increase in value, of the Premises, due to the Required linprovements, 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 1.1 of'this Agreement, Owner shall not be eligible to receive
any Abatement under this Agreement.
2.2 Increase in Value.
The Abatement shall be 1010% 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,off`Abate ment.
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 ("BegW" nM' g1 Date"), and, unless
sooner terminated as herein provided, shall end on December 31 immediately preceding the fifth
(5th) anniversary of the Beginning,Date.
2 Protests Over AP
praisals 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 A 2pli 4 'd#
. cation Fee.
The City acknowledges receipt from Owner of the required Application fee of $,100.00.
The app lie ation fee shall not be credited or refunded to Owner or its assi gns for any reason.
3, RECORDS,AUDITS AND EVALUATION OF REQUIRED IMPROVEMENTS.
A a
11, Ins pecti on of Pre nu'sies.
Between the execution date of this Agreement and the last day of the Term, at any time
during normal office hours throughout the Term and Nthe year following the Term and following
reasonable notice to Owner,, the City shall have and Owner shall provide access, to the Premises in
order for the City to inspect the Premises, and evaluate the Required Improvements to ensure
compliance with the terms, and conditions of this Agreement. Owner shall cooperate fully with the
City during any such inspection ana/"or evaluation.
3.2. Certification.
Owner shall certify annually to the City that it is in compliance with each applicable term of
this Agreement. The City shall have the right to audit at the City's, expense the! Required
Improvement with respects to the specifications listed in Exhibit 'W'. Owner must provide
docw-nentation that Owner is using the Required Improvements as rental property (collectively, the
"Records,") at any time during the Compliance Auditing Tenn 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 it following, reasonable advance notice by the City and shall otherwise
cooperate fully with the City during any audit.
0, 0
3.3 Provision 01 .in fo rmation
On or before March I following the end of every year during the Compliance Auditing Terrn
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.
06
Failure to provide all mW n ormatio within the control of Owner requwed by this Section
3.3 shall constitute an Event of Default,as defted M Section 4.1.
3A deter n `nation of Compliance.
On or before August I of each year during the Compliance Auditing Term, the City shall
make a decision and rule on the actual annual percentage of Abatement available to Owner for the
following, year of the Tenn and shall notify Owner of such decision and ruling. The actual
percentage of the Abatement granted for a given year of the Term 'is therefore based upon Owner's
compliance with the terms, and conditions of this, Agreement during the previous year of the
Compliance Auditing Term.
4. EVENTS OF DEFAULT.
4.1. Pefined.
Unless otherwise speciried herein, Owner shall be in default of this Agreement if(i) Owner
fails to construct the Required Improvements as,defined in Section L L; �li) ad valorem real property
taxes with respect to the Premises or the Required Improvements, or its, ad valorem taxes, with
respect to the tangible personal property located on the Premises, become delinquent and Owner
does not timely and properly follow the legal procedures for protest and/or contest of any such ad
valorem real property or tangible personal property taxes, (iii) OWNER DOES NOT USE THE
PREMISES AS PRIMARY RESIDENCE ONCE THE ABATEMENT BEGINS; or (iv)
OWNER DOES, NOT COMPLYWITH CHAPTER 7 AND, APPENDIX B OF THE CODE
OF ORDINANCES OF THE CITY OF FORT WORTH (collectively, each an "Event of
Default").
4.�2. Notice to,Cure.
Subject to, Section 5, if the City de!ten-nines that an Event of Default has occurred, the City
shall, provide a, written notice to Owner that describes the nature of the Event of Default. Owner
shall have sixty (60) calendar days from the date of receipt of this written notice to fully cure or
have cured the Event of Default. If Owner reasonably believes that Owner will require additional
time to cure the Event of Default, Owner shall promptly notify the City in writing, in which case
(i) after advising the City Council in an open meeting of Owner's efforts and intent to cure., Owner
shall have ninety(910) calendar days from the original date of receipt of the written notice, or(ii) if
Owner reasonably believes that Owner will require more than ninety(90) days to cure the Event of
Default, after advIsing the City Council in an open meeting of Owner"s efforts and 'Intent to cure,
such additional time, if any, as may be offered by the City Council 'in its sole discretion.
In
Wated Damages*
4.3. Ternu*nation for Event of Default and Pavment of L1*Qui
If an Event of Default which is defined in Section 4.1 has not been cured within the time
ftarne 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 of the Premises-, (11,) require unplanned and expensive additional administrative oversight
and involvement by the City- and(Ili) otherwise hann 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 ofthis, Agreement for any Event of'Default, Owner shall
pay the City, as liquidated damages; all taxes that were abated in accordance with this Agreement
for each year when an Event of Default existed and which otherwise would have been paid to the
City in the absence of this Agreement. The City and Owner agree that thi's amount is a reasonable
approximation of actual d,amagesthat the City will incur as, a result of an uncured Event of Default
and that this Section 43 'is intended to provide the City with compensation for actual damages and
0
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,
amount is not paid to the City within sixty(601) days following the effective date of ten-ninatioln 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 (curr�ently, Section 33.01 of the Code).
4.14. Tiernn*nati'on at Will.
If the City and Owner mutually determine that the development or use of the Premises or the
anticipated Required, Improvements are no longer, appropriate or f�asible, 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 e�vent, (1) if'the Term,has commenced, the Term shall expire as ofthe
effective date of -the tennination of this Agreement; (11) there shall be no recapture of any taxes
previously abated; and (iiii) neither party shall have an further rights, or obligations hereunder.
y
4.5 SexuaL oriented blusm* ess & Li"quor Stores or Package Stores.
a. Owner understands and agrees that -the City has the right to terminate this
agreement if the Required Improvements contains, or will contain a sexually oriented business.
b�. Owner understands and agrees that the City has the right to terminate 'this
agreement as determined in City's sole discretion if the Required Improvements, contains or will
contain a liquor store or package store.
5. EFFECT'OF'SALE OF PREMISES,
Except for an assignment to Owner's first mortgagee or to, a holmebuyer who will use the Required
Improvements as rental property or -the homeowner's mortgagee which City Council hereb�y agrees to, the
Abatement granted hereunder shall vest only 'in Owner; however if Owner sells, the Premises, and Required
Improvements, this Abatement cannot be assigned to a new owner of all or any portion of the Premises
and/or Required Improvements without the prior consent of the City Council, which consent shall not be
unreasonably withheld provided that (1) 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 thi's Agreement and the Abatement
granted hereunder following ten (10) calendar days of receipt of written notice from the City to Owner.
A
Upon assignment to Ow-ner's first morltgage�e�, or to a home�buyer who will use the Requireu
Improvements as its primary residence or the homeowner's mortgagee, Owner shall have no further
0,
obligations or duties under this Agreement. In addition, upon assignment to, any other entity with the
w 'tten consent of City Council, Owner shall have no further duty or obligation under this
ri
Agreement.
IN NO EVENT:' SH-ALL 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 3O 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 del i'very:
City: and Owner:
City of Fort Worth Housing& Economic Development Dept. Angela Torres Moore
Attn: City Manager's Office Attn., Jay Chapa, Director 436 Eastwood Ave.
1000 Throckmorton 1000 Throckmorton Ft. Worth, TX 76107
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 rights of holders of outstanding bonds of the City.
7.2. Conflicts of Interest,.
Neither the Premises nor any of the Required Improvements covered by this Agreement are
owned or leased by any member off'tie City Council, any meniber of the City Planning or Zoning,
Commission or any member of the governing body of any taxing units in the Zone.
1r%
73. Conflicts Between Documents,.
In the event of any conflict between the City's,zoning ordinances, or other City ordinances or
regulations, and this Agreement, such ordinances or reguiations, shall control. In the event of any
1111
conflict between the body of this Agreement, and Exhibit "3"', the body of this Agreement sha I i I i
control.
7.4. Future A I
,pplication.
A portion or all of the Premises, and/or Required Improvements may be eligible for
complete or partial exempt-ion frorn 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 Pren-uses, and/or Required Improvements.
7-5. Ciftv Council Authorizations
This Agreement was authorized by the City Council through approval of Mayor and
Council, Communication No. C-26174 on March 26, 201 , which, among other things, authorized
the City Manager to execute this Agreement on behalf of the City.
7.6. Estoj2pel Certifficate,
Any party hereto may request an estoppel certificate from another party hereto so long as the
certificate is requested in connection with a bona fide business purpose. The certificate, if requested,
will be addressed to the Owner, and shall include, but not necessarily lie limited to, statements that
this Agreement is in full force and effect without,default or if an Event of Default exists,, the nature
of the Event of Default and curative action taken andJor necessary to effect a cure), the remaining
term of this Agreement, 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. Owner Stand0
Owner shall be deemed a proper and necessary party in any litigation questioning or
challenging the validity of-this Agreement or any of the underlying laws, ordinances, resolutions or
City Council actions authorizing this Agreement and Owner shall be entitled to intervene in any
such litigation.
7.8. Yenue and Jurisdiction.
This Agreement shall be construed in accordance with the laws of the State of Texas and
applicable ordinances, rules, regulations, or policies of the City. Venue for any action under this
Agreement shall lie in the State District Court of Tarrant County, Texas. This Agreement is
perfon-nale in Tarrant County,Texas.
7.9. Sev era bdi .
If any provision of this, Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provi sions shall not in any way be affected or
impaired.
7.10 Head Not Contro
Headings, and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
7,1,1. Enfireb:of Agreement.
is 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-]
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STATE OF TEXAS §
COUNTYOFTARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Fernando Costa, Assistant
City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to be the person and
officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was
the act of the said CITY OF FORT WORTH, TEXAS, a municipal corporation, that he was duly authorized
to perform the same by appropriate resolution of the City Council of the City of Fort Worth and that he
executed the same as the act of the said City for the purposes and consideration therein expressed and in the
capacity therein stated.
GIV N UNDER MY HAND AND SEAL OF OFFICE this day of
2013.
Nofky Public in and for
EVONIA DMIELS
the ate of Texas
MY COMMISSION EXPIRES
Ju�%2o,13
Notary's Printed Name
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Angela Torres Moore,
known to me to be the person,whose name is subsctibed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed, in the capacity therein
stated.
w.
EN D
,,ER MY HAND AND SEAL OF OFFICE this, day of
7 79 110� 0,1
9v,'Le
Notary Public in or
the"I of Texas
ol
SANII ODLE
ow
44. W COWISSION EXPI)IES,
Notary's Printed Name
Exhibit 1: NEZ Incentives
Exhibit 2: Property Description
Exhibit 3-- Application: (NE,Z) Incentives and Tax Abatement
Exhibit 4.- Required Improvements description including kind, number and location of the proposed
improvements,.
Exhibit 5: Final Survey
Exhibit I
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE, (NEZ) TAX ABATEMENT POLICY AND BASIC
INCENTIVES
L. GENERAL PURPOSE AND OBJECTIVES
Chapter 37'8 of the Texas, Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone (NEZ) when a "..,.municipality determines, that the creation
of the zone would promote:
(1), the creation of affordable housing, including manufactured housing,, in the zone-,
(2) an increase in economic development, in the zone;
(3) an increase in the quality of social services, education, or public safety provided to
residents of the zone; or
(4) the rehabilitation of affordable housing in the zone.
The City, by adopting the following NEZ Tax Abatement Policy and Basic Incentives, will
promote affordable housing and economic development in Neighborhood Empowerment Zones.
NEZ incentives will not be granted after the NEZ expires as defined in the resolution designating
the NEZ. For each NEZ, the City Council may approve additional terms and: incentives as
permitted by Chapter 378 of' the Texas Local Government Code or by City Council resolution.
However, any tax abatement, awarded before the expiration of a NEZ, shall carry its full term
according to its tax abatement agreement approved by the City Council.
As mandated by state law, the property tax abatement under this policy applies to the owners of
real property. Nothing in the policy shall be construed as an obligation by the City of Fort Worth
to approve any tax abatement application.
11. DEFINITIONS
"Abatement or Tax Abatement"' means a fulfil or partial exemption from City of Fort Worth ad
valorem taxes on eligible real and personal property located in a NEZ for a specified period on
the difference between (i), the amount of increase in the appraised value as reflected on the
certified tax roll of the appropriate county appraisal district) resulting 'from improvements begun
after the execution of' a written Tax Abatement Agreement and (11) 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 bar U.S. Department of Housing and Urban Development (HUD) for
single family housing and or 601%AMFI as defined by HUD for rental andmulti-family.
"Base Value"is the value of the Real Property Improvements, excluding land, as determined by
the Tarrant County Appraisal District, during the year rehabilitation occurs.
"Building Standards Commission" is the commission created under Sec. 7-77, Article IV.
Minimum Building Standards Code of the Fort Worth City Code.
Adopted—February 5, 2 013
fit-%n 9
%...eapital Investment" includes only Real Property Improvements such as new facilities and
,structures, site improvements, facility expansion, and facility modernization. C,aplital Investment
does NOTinclude land acquisition costs and/or any existing improvements, or personal property
(such as machinery, equipment,, and/or supplies and, inventory).
"City of Fort Worth fax Abatement Policy Statement"means the policy adopted by City Council.
"Cotta arc iallIndustrial 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 Code, Chapters 54 and 214.
"Minority Business Enterprise (MBE)"and "Women Business Enterpn'se (WBE)"is a minority or
woman owned business that has received, certification as either a certified MBE or certified
WBE by either the North Texas Regional Certification Agenc TRCA) or the Texas,
Department of Transportation xDot), Highway Divis ion.
"Mixed Use Development, Project" is a development project which proposes to construct or
rehabilitate mixed-use facilities 'in which residential, uses constitute 20 percent or more of -the
total gross floor area, and office, eating and entertainment, and/or retail sales and service uses
constitute 10 percent or more of the total gross 'floor area and is on property that is or meets
the requirements to be zoned mixed-use as described by the City of' Fort Worth Zoning
Ordinance.
"Multi-family Development Project" is a, development project which proposes to construct or
rehabilitate 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
il,r.%, A ectly means a "Residential Project" "'CommerciallIndustrial Development
1-11roi I
yyl
Project""Community Facility Development Project "Mixed-Use, Development Project" or a
I I y
"Multi-family Development Project.,"
"Real Property Improve ents"' — means a habitable structure as defined by the Fort Worth
Building Code.
"Reinvestment Zone" is an area designated as such by the City of Fort Worth in accordance
with the Property Redevelopment and fax, Abatement, Act codified, in Chapter 312 of the Texas
Tax Code, or an area designated as an enterprise zone pursuant to the Texas Enterprise Zone
Act, cold,ified in Chapter 2303 of the Texas Government, Code.
"Residential Project" — means less,than 3 residential units.
III. MUNICIPAL PROPERTY TAX ABATEMENTS
-111,
A. RESIDENTIAL PROPERTIES LOCATED IN A NEZ-% FULL ABATEMENT FOR 5
YEARS
1 For residential property purchased before NEZ designation,, a homeowner shall be
eligible to apply for a tax abatement by meeting the following:
a. Property is owner-occupied and the, primary residence of the homeowner prior to
the final NEZ designation. Homeowner shall provide proof of ownership by a
warranty deed, affidavit of heirship, or a probated will, and shalil, show proof of
primary residence by homestead exemption- and
d
b. Property is rehabilitated after NEZ designation gnation and City Council approval of the
tax abatement;
c. Homeowner must perform Eligible Rehabilitation on the, property after NEZ
designation equal, to or in excess of 30% of the Base Value of the Real Property
Improvements; and
d. Property is not in a, tax-dieliinquent status when the abatement application is
submitted.
2. For residential property purchased after NEZ designation, a homeowner shall be
eligible to apply for a tax abatement, by meeting the following-,
a. Real Property Improvements are constructed or rehabilitated after NEZ
designation and City Council approval of the tax abatement
b. Property is owner-occupied and is the primary residence of the homeowner.
Homeowner shall provide proof of ownership by a warranty deed, affidavit of
heirship,, or a probated will, and shall show proof of primary residence by
homestead exemption;
c. For rehabilitated Real Property Improvements, Eligiible Rehabilitation costs on
the Real Property Improvements shall be equal to or in excess, of 30%, of the
Base Value of the Real Property Improvements. The seller or owner shall provide
the City information to support rehabilitation costs,-,
d. Property is not in a tax-delinquent status when the abatement application is
submitted; and
Adopted--February 5, 2013 31
e. Property is in conformance with the City, of Fort Worth Zoning Ordinance
however, a property use that is legal non-conforming shall not be eligible to
receive a tax abatement.
3. For investor owned single family property, an investor shall be eligible to apply for a
tax abatement by meeting the following:
a. Real Property Improvements are constructed or rehabilitated after NEZ
des,ignation, and City Council approval of the tax abatement-,
b. For rehabilitated Real Property Improvements, Eligible Rehabilitation costs on
the Real Property Improvements shall be equal to or in excess of 30% of the
Base Value of theReal Property Improvements,
c. Property is not in a tax-delin,quen,t, status when the abatement application is
submitted- and
d. Property is in conformance with the City of Fort Worth Zoning Ordinance.
MULTI-FAMILY DEVELOPMENT PROJECTS LOCATED IN A NEZ
1. 10:0% Abatement for 5 ears
If an applicant applies for a tax abatement acireement with a term of five years or
less, this section, shall
Abatements for multi-family development projects for up to 5 years are subject to,
City Council approval. The appilicant may apply with the Housing and Economic
Development Department for such abatement.
In order to be eligibile for a property tax, abatement upon completion, a newly
constructed or rehabilitated multi-family development project in a, NEZ must satisfy
the following,-,
At least twenty percent (20%) of the total units constructed or
rehabilitated shall be affordable as defined by the U. S. Department of Housing
and Urban Development) 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 add�ition 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 access,ible to persons with sensory
implairmen�ts; and
(a) For a multi-family development project constructed after NEZ designation, the
project must provide at least five (5) residential living units OR have a
minimum Capital Investment of$200,000; or
(b) For a rehabilitation project, the Real Property Improvements, must be
rehabilitated after NEZ designation,. Eligible Rehabilitation costs on the Real
Property Improvements shall be at least 30% of the Base Value of the Real
Property Improvements. Such Eligible Rehabilitation costs must come frorn
the rehabilitation of at least five (5) residential living units, or a minimumi
Capital Investment of$,200,000.
Adopted—February 5, 2013 4
............
2. 1%-100% Abatement of Citv Ad Valorem taxes, LID to 10 ar
If an applicant app lies for a tax abatement aqreement with a term of more than five
this section shall
Abatements for multi family development projects for up to 110 years are subject to
City Council approval. the applicant, may apply with the Housing and Economic
Development Department for such abatement.
Years 1 through, 5 of the Tax Abatement Agreement
Multi-family projects shall be eligible for 100% abatement of City ad valorem taxes
for years one through five of the Tax Abatement Agreement upon the satisfaction of
the following:
At least twenty percent (20%) of the total units constructed or rehabilitated shall
be aff'ordabil�e 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 mediian income based on family size. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis. In addition, at
least 5% of the total units constructed or rehabilitated shall be compliant with the
Americans with Disability Act (A DA) in accordance with, Section 504 of the
Rehabilitation Act, and must be fully acces,s,ibile and 2,%, of' the total units
constructed must be fully accessible to, persons with sensory impairments; and,
a. For a multi-family development project constructed after NEZ designation, the
project must provide at least -five (5) residential, living units OR have a
minimum Caplita,l Investment of$200,000; or
b. For a rehabilitation project,, the Real Property Improvements must be
rehabilitated after I designation. Eligible Rehabilitation costs on the Real
Property Ir*riprovements shall be at least 30% of the Base Value of the deal
Property Improvements. Such Eligible Rehabilitation costs must come from
the rehabilitation of at least fire (5) residential, living units or a minimum
Capital Investment of$200,000.
Years, 6 throe,g h 10 of the Tax Abatement ment
Multi-family projects shall be elligible for a 1%-100% abatement of City ad valorem
taxes for years six through ten, of the Tax Abatement Agreement upon the
satisfaction of the following:
a. At least twenty percent (20%) of the total units constructed or rehabilitated shall
be affordable (as defined by the U. S. Department of Housing and Urban
Development) and set aside to persons with incomes at or below eighty percent
(80%) of area median income based on family size. In addition at least 5,% of the
total units constructed or rehabilitated shall be compliant with the Americans with
Disability Act (AC A) in accordance with Section, 504 of the Rehabilitation Act, and
roust 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 210% affordability requirement on a case-by-case basis; and
Adopted— February 5, 2013 5
............
1 For a multi-family development project constructed after NE Z designation, the
project must provide at least five (5) residential living units OR have a
minimum Capital Investment of$200,000; or,
2. For a rehabilitation project, the Real Property Improvements must, be
rehabilitated after ICI 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$200,0010.
b. Any other terms as City Council of the City of Fort Worth deems, a,ppiropiriate,
including, but not limited to.,
1 uti�lization 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.
C. COMMERCIAL, INDUSTRIAL AND COMMUNITY FACILITIES DEVELOPMENT
PROJECTS LOCATED IN A NEZ
1100% Abatement of City Ad Valorem, taxes for 5 years
if an applicant applies for a tax abatement ag,reement with, a term of five years or
less, this section shall
i
Abatements for Corrimercial,l Industrial and Community Facilities Development
Projects for up to 5 years are subject to City Council approvail,., The applicant may
apply with the Housing and Economic Development Department for such abatement.
In order to be, eligible for a property tax abatement, a newly constructed or
rehabilitated commercial/industrial and community facilities, development project in a
NEZ must, satisfy the following-.
a., A c,ommercia�l, industrial or a corrimunity facilities development project
constructed after N Z designation must have a rninirnum, Capital Investment of
$x'5,000; 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 Improverrients, or $75,000, whichever is
greater.
2. 1%-100% Abatement of cit Ad Valorem taxes up to 10., ears
If any applicant applies for a tax abatement agreement with a term of more than five
years, this section shall
Adopted— February 5, 2O 131 61
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 abatemen�t,.,
Years, 1 throe h:! 5 of the Tax Abatement Agreement
Commercial, Industrial and Community Facilities Development pro'ects, shall be
eligible for 100% abatement of City ad valorem taxes for the first five years of the
Tax Abatement Agreement, upon the satisfaction of the following:
a. A commerc,ial, industrial or a community facilities, development project
constructed after I EZ designation must have a minimum Capital Investment of
$75,01001- or
hi. For a rehabilitation project, it must be rehab,11 itated 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, or $75,000, whichever is
greater.
Years 6 through 10 of the,Tax Abatement Agreement
Commercial, Industriiali and Community Facilities Development projects shall be
eligible for 1%-1100% abatement of City ad valorem taxes for years six through ten of
the fax Abatement Agreement upon the satisfaction of the following:
a. A commercial, industrial or a community facilities development project
constructed after NlEZ designation must have a minimum Capital
Investment of $7'5,,000 and must, meet the requirements of subsection (c)
below or
bi. 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
$75,000, 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 Dort 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 res,iiden�ts,-
4. commit to hire an agreed upon percentage of Central City residents"
and
5. landscaping.
Adopted—February 5, 2013 7
rok. -USE DEVELOPMENT PROJECTS LOCATED IN A NEZ
Ul MIXED
r%
1 1010% Abatement of City Ad Valorem taxes for 15 years
If an @pplicant applies for a tax abatement aqreement with a term of five years or
Jess, this section shall appl'y,.,
Abatements for Mi xed-Ulse Development Projects for up to 5 years are subject to
City Council approval., The applicant m�a,y, apply with the Housing and Economic
Development Department for,such abatement.
In order to be eligible for a property tax abatement, upon completion, a newly
constructed or rehabilitated mixed-use development project, in a NE Z 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 rehabli�litated
shall be compliant with the Americans with Disability Act (ADA) in accordance
with Section, 51014 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, 101 percent or more of the total Gross Floor Area of the project;
and
(11) A mixed use development project constructed after N! EZ, designation must
have a minimum Capital Investment of$200,000; or
(2) For a rehabilitation project, it must be rehabilitated after NEZ designation.
Eligii le Reh�a�blilitati�on costs, on the, Real Property Improvements shall be at
least 30% of the Base Value of the Real Property Improvements, or
$2001,0100, whichever is greater.
2. 1%-100% Abatement of Cit Ad Valorem taxes u�p,to 10 ears
lif' an applicant ap Plies for a tax abatement agreement with a term of moire 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 through 5 of the Tax Abatement 6greement
Mixed Use Development projects shall be eligible for 100 abatement of City ad
valorem taxes, for the first five years of the Tax Abatement Agreement upon the
satisfaction oft e following:
Adopted—February 5, 2,013 8
a,. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project. At least twenty percent (210%) of the total units
constructed or rehabilitatedi 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 fully accessible and 2%
of the total units constructed must be fully accessible to persons with sensory
impairments; and
bi. Office, eating and entertainment', and/or, retail sales and service uses in the
project constitute 10 percent or more of the, total Gross Floor Area of the project,
and
c. A new mixed-use development project constructed after NE Z designation must,
i
have a mini'mum Capital Investment of $2001,0001; or for a rehabilitation project, i t
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, or $2010,000, whichever is greater.
Years 6 through 1101 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 2,10 percent or more of 'the total Gross
Floor Area of the project; At least twenty percent (201%,) of the total units
constructed or rehabilitated shall be affordable as defined by the iU. 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
famiil�y, size. In addition at least, 5% of the total units constructed or rehabilitated
shall be compliant with the Americans with Disability Act (AEI 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,
c. A new mixed-use development project constructed after NEZ designation must
have a minimum Capital Investment of $2010,0100- or for a rehabilitation project, it
must be rehabilitated after 1 designation. Eligilible Rehabilitation costs on the
Real Property Improvements shall be at least 30% of'the Base Value of the Real
Property Improvements, or$200,000, whichever is greater-, and
d. Any other terms as City Council of the City of Fort Worth deems appropriate,
including, but not limited to
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;
31. 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 N�EZ 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
%.F I
in Section 111.
2. A tax abatement shall not be granted for any development project in which a
buildings permit application, excluding grading and/or demolition, has been filed with
the City's s, Planning and Development Department. In addition, the City wr ill not abate
taxes on ache, 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 Neig�hboirhood Empowerment Zone, in
order to be considered "'eligible" to apply for a tax abatement under this Policy, the
Woodhaven Community Development Corporation and the Woodhaven
Neighborhood Association must have submitted a letter of support for the Project to
the City of' Fort Worth
4. Tax Abatements for a new construction project will automatically terminate two
Fears after Council approval of the to abatement, if a building permit has not been
pulped 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/develolper may enter into a tax
abatement agreement with the, city of' Fort Worth for a specific Project iif:
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 appiliicant enters, into an agreement to pay off the taxes under the
guidelines permitted under state law; and
4. the tax abatement shall prolvide that the agreement shall take effect after the
delinquent taxes are paid in full
Adopted—February 5, 2 013 10
b. Not have any City of Fort Worth liens filed against any property owned by the
applicant property owner/develolper. "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 Buildinig Standards Code and the owner is convicted of such
violation.
9. A tax abatement granted under the criteria set forth in Section Ill. can only be granted
once for a property in a NEZ for a maximum term of as specified in the agreement. If'
a property on which tax is being abated is sold, the City may assign the tax
abatement agreement for the remaining: term once the new owner sup snits an
application so long as the new owner complies with all of the terms of the tax
abatement ag!ireement.8 A property owner/develolper olf' a multifamilly development,
commercial, industrial, community facilities, and mixed-use development project in
the NEZ who desires a tax abatement under Sections 1111,B, C or D must:
i
a. Satisfy the criteria set forth in Sections 1111.13, C or D, as applicable, and Sections
III.E.1 E,.2; and E,31., and
b. File an application with the Housing and Economic Development Department, as
applicable� and
c. The property owner must enter into a tax ablatem�eint agreement with the City of
Fort Worth. In addition to the other terms of agreement, the tax abatement
agreement shall provide that the agreement shall automatically terminate if the
owner receives one conviction of a violation of the City of Fort Worth's Minimum
Building Standards Code, regarding, the property subject to the abatement
agreement during the term of the tax abatement agreement; and
d. If a property in the NEZ on which tax is being abated is sold, the new owner may
enter into a tax abatement agreement on the property for the remaining term.
10. If the terms of the tax abatement agreement are not met, the City Council has the
right to cancel or amend the abatement agreement. In the event of cancellation, the
recapture of abated taxes shall be limited to the year(s) in which the default occurred
or continued.
11. The terms of the agreement shall include the City of Fort '"worth's aright 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 abatemnent to verify
compliance with,, the terms of the tax abatement agreement, (31) terminate the
agreement if the Project contains or will contain a sexually oriented business (4
terminate the agreement, as determined in City's solle, discretion, if -the Project
contains air will contain a liquor store or package store.
Adopted—February 5, 20,13, 11
12. Upon completion of construction of the facilities, the City shall no less than annually
evaluate each project receiving, abatement to insure compliance with the terms of the
agreement. Any incidents of non-compliance will be reported to the City Council.
one or before, February 1st of every year during the life of the agreement, any
individual or entity receiving a, tax abatement from the City of Fort Worth shall
provide information and documentation which details the property owner's
col m plia nice with the ter is of the resipectiive agreement and shall certify that the
owner is in compliance with each applicable term of the agreement. Failure to report
this information and to provide the required certification by the above deadline all
result in cancellation of agreement and any taxes abated in the prior year being due
and payable.
13. If a property in the l on which tax is being abated is sold, the new owner may
enter into a tax abatement agreement on the property for the remaining term. Any
sale, assignment or lease, of the property which is not permitted in the tax abatement
agreement results in automatic cancellation of the agreement and recapture of any
taxes abated after the date on which an unspecified assignment occurred,
F. APPLICATION FEE
1. An application fee of$25.00 for all basic, incentives, excluding tax abatements.,
2. The application fee for residential tax abatements governed under Section Ill., 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'onei percent (01.5%) of the proposed Project's Capital Investment, with a $2,00
minimum not to exceed $2,000. The Application Fee shall not be credited or
refunded to any party for any reason.
IV. FEE WAI'VERS,
A. ELIGIBLE RECIPIENTSIPROPERTIES
1. City Council shall determ� ine on a case-by-case basis whether as Project that will
contain or contains as liquor store or package store is eligible to apply foir a fee
waiver.
2. If a Project is located in the Woodhaven Neighborhood Empoweirment,Zone,, in order
to be considered "eligibile" to apply for a fee waiver under th�iis Poilicy, 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
Wolrth—however, once the NEZ Plan is submitted for the Woodhaven NEZ, this will
no longer be required.3. Projects to be constructed on property to be purchased
under a contract for deed are not eligible for development fee waivers.
3. In order for a property owner/deveil�olperi to be eligible to apply for fee waivers for as
Project, the property owner/developer..
Adopted– February 5, 2 013 12
a,. must submit an application to the City;
b. must not be delinquent, in paying property taxes for any property owned by the
owner/developer or applicant;
c. must not have any City liens, filed against any property owned by the applicant
property owner/developler, 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 sexuall
iy
oriented business has receiveld City Council's determination that the Project is
eligible, to appilli
�y for fee waivers.
Aoroval of the appl'icatioln and waiver of the fees shall not be deemed to be
approval of any aspect of the Prolect., Before const'ru�ction, the appliicant', must
ensure that the project is located in the correct zoning district.
B. DEVELOPMENT FEES
1. Once the Application for NEE Incentives has been approved and certified by the City, the
following fees for services, performed by the Cit of Fort Worth for Projects in the NEZ,
are waived for new construction projects or rehabilitation projects that expendi at least
30% of the Ease l Value of the Real Property Improvements on Eligible Rehabilitation
costs:
a), All Building Perm it relateld Feels (including Plans Review and Inspections) except as
stated in IV B. 2. bellow
b) Plat Application Fee (including Concept 'Plan, Preliminary Plat, Final Plat, Short Form
Replat)
c) Board of Adjustment Application Fee
d) Demolition fee
e) Structure Moving Fee
f) Community Facilities Agreement (CFA)l Application Fee
g) Zon�in�g Application Fee
h) Street and Utility Easement Vacation Application Fee
i) Ordinance Inspection Fees
j Consent/Encroachment Agreement Application Fees
k) Transportation Implact Fees,
I)i 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,1 penalties, and extension fees or re-permitting fees will
not be waived.
3. Neighborhood Empowerment Zone Flees not waived or re,diuiced:
a.) Investigation Fees
bi.) Plan Revision Fees
c.), Change of Record Feels
d.) Inspection outside of normal business hours Reinsplectilon Fee
e.)l Annual Fire Inspection Fees
Adopted—February 5,, 2013 13
4. 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 NE Z.
Automatic 100% waiver of water and wastewater impact fees will be applied.
2. Commercial, industrial, mixed-use, or community facility d lo:pment projects in the
Z.
a. Automatic 11010% waiver of water and wastewater impact fees, up to $1551,000, or
equivalent to two 6-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
wa�iver for larger and/or more than two, 6-inch meter exceeding $55,000, then City
Council approval is required. Applicant may request, the additional amount of
impact fee waiver through the Planning and Development Department.
V. RELEASE OF CITY LIENS
A. ELIGIBLE RECIPIENTSIPROPERTIES
1. Project must be located in a I EZ.
2. City Council shall d�etermi�ne on a case-bly-case basis, whether a Project that will
contain or contains a liquor store or package store is eligible to receive a release of'
City liens.,
3. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order
to be considered "eligible" to apply for release of city liens under this Policy, the
Woodhaven Comim,un�ity Development Corporation and the Woodhaven
Neighborhood Association must have submitted a letter of support for the Project,to
the City of Fort Worth.
4. Projects to be constructed on property to be purchased under a contract for deed are
not eligible for any release of City Liens.
5. In order for a property owner/developer to, be eligible to apply for a release of city
liens contained in Section V.131-, C., D., and E. for a Project,, the property,
owner/developer:
a. must submit an application to the City,
hi... must not be deliniquIent In paying property taxes,for any property owned by the
owner/developer-
c. must not have been subject to a Building Standards Commission's Order of
Dernolllitio:n 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 ow nor/developer. "Liens" includes, but is not limited to,
weed liens, demolition Biens, board up/open i, structure liens, and paving liens; and
Adopted—February 5, 2 013 14
e. of a Project that contains or wiil�l contain, a liquor store, package store or a sexually
i
oriented business has, rec ived City Council's determination 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/ideveloper must spend Eligible Rehabilitation costs on the Property of' at least
30% of the Base Value of the Property.
7. Liens listed in this Policy shall be released once the Project Improvements have been
made to the property.
8. Any liens filed after the initial certification of the property shall not be released.
B. WEED LIENS
The following are eligible to apply for release of weed l�iens..
1. Single unit owners performing rehabilitation on their properties.
2. Builders, or developers constructing new homes on vacant lots.
3. Owners performing rehabilitation on multi-family, commercial, industrial,, mixed-use,
or community facility properties.
4. Developers constructing new multi-family, colm�m�ercial, industrial, mixed-use or
community facility development projects,.,
C. DEMOLITION LIENS
Builders or d�ev lope!rs developing or rehabilitating a property for a Project are eligible to
apply for release of demolition liens for up, to $30,00+ . Releases of demolition liens in
excess of$30,000 are subject to City Council approval.
D. BOARD-UP/OPEN STRUCTURE LIENS
The follo wing are eligible to apply for release of board-upi/open structure lien S.
1 Single unit owners performing rehabilitation on their properties.
2. Builders or developers, constructing new single family homes on vacant lots.
3. Owners performing rehabililtation on multi-family, commercial, industrial, mixed-use,
or community facility properties.
4. Developers, constructing multi-family, commercial, industrial, mixed-use, or
community facility projects.
E. PAVING LIENS
The following are eligible to apply for release of paving liens,:
1. Single unit owners performing rehabilitation on their properties.
2. Builders or developers constructing new homes on vacant lots.
3. Owners performing rehabilitation on multi-fancily, commercial, industrial, mixed-use,
or community facility properties.
Adopted—February 5, 2013 15
4" Developers constructing multi-family, commercial, Industrial,, miced-uise, or
community facility projects.
F'. All other City,liens will not be waived.
V1. PROCEDURAL, STEPS
A. APPLICATION SUBMISSION
1. The applicant for NEZ incentives under Sections Ili. IV., and V. must complete and
submit a City of Fort Worth "Application, for NEZ Incentives" and pay the appropriate
application fee to the Planning and Development Department, as applicable.
2. The applicant for incentives under Sections III.C.2 and D.2 must also complete and
submit a City of Fort Worth "Application for Tax Abatement'! and pay the appropriate
application fee to the Housing and Economic Development Department., The
application fee, review,, evaluation and approval will be governed by City of Fort
Worth Tax Abatement Policy Statement fore Qualifying Development Projects.
3. All NEZ certifications for incentives wilil expire after five years.
4. NEZ benefits will continue for certified, projects (18) eighteen months after a NEZ Is
te�rminated or the NEZ, boundary changed,.
Bi. CERTIFICATIONS FOR APPLICATIONS UNDER SECTIONS, III. IV, AND V
1., The Planning and Development Department will review the application for accuracy
and completeness. A complete application must incliude proof that:
1. The Project, is located in a NEZ;
2. Thee 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 11 s eligibility to receive tax abatements, and/or basic incentives based on
the criteria set forth in Section Ill.,1 IV., andi V. of this policy, as applicable. Once an
applicanty s eligibility is certified, the Planning and Development Department will inform
appropriate departments administering the incentives. An orientation meeting with City
departments and the: applicant may be scheduled. The, departments include:
a., Housing, and Economic Development Department: property tax abatement for
residential properties and multi-family devellopim�e�nt projectsf release of City liens.
b. Housing and Economic Development Department: property tax abatement for
commercial I industrial, community facilities or mixed-use development projects.
c. Plann�in�g ands Development Department: development fee waivers and release of
City liens.
d. Water Department: 'Impact fee waivers.
el. Other appropriate departments, if appilicable.
Adopted—February 5, 2 0,13 16
A
rrLICATION REVIEW'AND EVALUATION FOR APPLICATIONS
1. Property Tax Abatement for Residential Properties and Multi-family Development
Projects,
a. For a completed and certified application for no more than five, years, of tax
abatement, with Council approval, the City Manager shall execute a tax
abatement agreement with the applicant.
b. For a completed and certified multi-family deveiloipment project application for
more than five years of tax abatement:
(1) The Housing and Economic Development Department will evaluate a
completed and certified appilicatioln based on
(a)The project's increase, in the value of the tax, base.,
(b) Costs to the City(such as infrastructure participation, etc.).
(cl) Percent of construction con-tracts committed to:
(i) Fort Worth based firms,, and
(ii) Minority and Women Owned Business Enterprises (M/WBEs)-
kU) UMQU items, which the City and the applicant may negotiate.
(3) Consideration by the City Council
The City, Council retains sole authority to approve or deny any tax abatement
agreement and is under no obligation to approve any tax abatement
application or tax abatement agreement. The City of' Fort Worth is under no
obligation, to provide tax abatement in any amount or value to any applicant.
c. Effective Date for Approved Agreements
All tax abatements approved by, the City Council will become effective on
January 1 of the year following the year in which a Certificate of Occupancy (CO,)
is issued for the qualifying development project (unless otherwise specified yin the
tax abatement agreement). Uinlays otherwise, specified in the agreement, taxes
levied during the construction of the project shall be due and playable.
2. Property Tax A,blatemenit for Commercial, Industrial, Community Facilities, and
Mixed-Use Development Projects
a,. For a completed and certified application for no more than five years of tax
abatement, with Council approval, the City Manager shall execute a tax
abatement agreement with the applicant.
hi. For a completed and certified application for moire than five years of tax
abatement:
(1) The Housing and Ecoi-iomic Developm:ent 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 participat'ioln, etc.,).
(c) Percent of construction contracts committed to".
(1) Fort Worth bals,ed, firms, and
(ii) Minority and Women owned Bu�s,iness, 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). UUnless: otherwise specified in the ogre cent,, taxes,
levied during the construction of the, project shall be due and payable.
I Development Fee Waivers
a. For certified applications of' development fee waivers that do not require Council
approval,, the Planning and Development Department will review the certified
applicant's application and grant appropriate incentives.
b. For certified applications of development fee waivers that require Council
approval, City staff will review the certified applicant's application and' make
appropriate recommendations to the, City Council.
4. Impact Fee Waiver
a., For certified applications, of impact fee ralivers that do not require Council
appirolval�,, the Water Department will review the certified applicant's application
and grant appropriate incentives.
b. For certified applications of impact fee waivers that require Council approval, the
Water Department will review the certified applicant's application and make
appropriate recom men datioillis to the City Council.
51. Release of City Liens
For certified applications of release of City liens, the Hlousing and Economic
Development Department will release the appropriate liens on NEZ tax abatement
applicants. The Planning & Development Department will release liens, on NEZ basic
incentives appilican,ts.
Vill. 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 Implact
Fee Policy,, attached as Attachment"A", must be satisfied.
vin. o-rHER INCENTIVES
A. The City Council may add the following incentives to a NET in the Resolution adopting
the NET:
Adopted—February 5, 2013 18
1 Municipal sales tax refund
2. Homebuy rs, assistance
3. Gap financing
4. Land assembly
5. Conveyance of to foreclosure properties
6. Infrastructure improvements
7. Support for Low Income Housing Tax Credit (LIHTC) applications,
8. Land use in�centilves and zoning/building code exemptions, e.g., mixed-use, density
bonus, parking exempt,ion
9.
fax Increment Financing (TIF),
10. Public Improvement District (PID)
11. Tax-exempt bond financing
12. New Model Blocks,
13. Loan guarantees
14. Eq:ulity investments
15. Other incentives that will effectuate the intent and purposes of NEZ
ix. Public Notifi cation
a. Subject to subsection (b), in order for an o nerd evelolper to apply to receive any
incentives provided', for under the NEZ Tax Abatement Pol�ic,y and Basic Incentives,
an, owner/developer must meet with the following persons and organizations to
discuss the Project:
1. the Council Member for the District the Project is located; and
2. the neighborhood associations or community based organizations registered
with the city that are within 300 feet of the piroposied Project. The
measurement of the distance between the proposed project and Neighborhood
Associations or Community Blas,ed Organizations shall be along the property
linos of the street fronts and from -front door to front dolor, and in direct line
across the intersections.
b. Subsection (a) shall be satisfied upion.-
1. the owner/developer meeting with the City Council Member for the District the
Project is located and the neighborhood associations or community based
organizations registered with the city that are within 300 feet of the proposed'
Project; or
2. meeting with the City Council Member for the District the Project is located and
upon the owner/devel�olpler providing proof that the owner/developer attempted
to meet with the neighborhood associations and the community based
organizations registered with the city within 300 feet of where the proposed
Project is located and the associations or organizations falled to arrange a
meeting with -the owner/developer within two weeks of linitial contact.
c. Accepted proof of 1111 attempts to, meet 13 with the registered organizations, wil�l be
satisfied with the following'.
1. a copy of a certified letter sent to the registered organization describing the
project and requesting a meeting and the green card from the post office;, or
2w 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—February 5, 2 013 19
X", Inellig- ible Pr ects
The following Project's or Businesses shall not, be eligible for any incen:tives under the City' of
Fort Worth$1 s Neig�hbor�holod Em�powerment Zone (NEZ,) Tax Abatem�e,nt Policy and Basic,
Incentives.-
1. Sexually Oriented Businesses
2. Non-residential mobi�le structures
X1. Denied APPIl"waflons
a. NEZ applications wi'111 be denied 30 days after submission if all required
documentation is not received by the City.
b. The applicant will have 90 days after the date of denial to resubmit the NEZ,
application without paying, a new application fee.
Adopted— February 5, 2 013 20
ATTAC MENlT A
REFUND, OF DEVELOPMENT AND IMPACT FEES POLICY
Purpose
I -the City
This refund policy is for the purpose of establishing the coind itions under which I
may refund development and impact fees, norm al�ly waived through the Neighborhood
Empowerment "one (NEZ).
Apipficabillity
Unless expressly accepted, this policy applies to all development and impact fees,
waived by the City through the NEZ.
Under the NE,Z,Tax Abatement Policy and Basic Incentives, City Departments are
authorized to waive impact and development fees for gualified, projects: located in a
designated N" EZ., The impact fees include only water and sewer impact fees, up to
$155,000 for commercial, industrial, mixed-use or comp un,ity facilities projects., The
development fees that can be waived through the, NEZ include:
1. All building permit fees (including Plans Review and Inspections)
2. Plat application fee (including concept plany, 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 uutil�iity easement vacation application fee.
i
To take advantage of these waivers, applicants need to, obtain a certification letter from
i
the Planning and Development Department.
Condmitions, for Ref ends
The City will consider refunds only when circumstances beyond the developers, control
prevent them from obtaining, the qualification letter from the Planning and Develolpm�e!n�t
Department.
A property owner and/or developer may qualify for a refund if the proposed
development project meets all criteria to receive a fee waiver under the NEZ Tax
Abatement and Basic Incentives Policy and:
a. The owner and/or developer was not made aware of the NEZ incent.1ves atthe
time -the, fees were paid; or
b. The owner and/or developer was mistakenily told that his/her property was not in
a designated NEZ; or
Adopted—February 5, 2013 21
c. 'The owner and/or developer has put funds in an escrow acc�oiunt'w,ith! a City
Department while awaiting a decision from the it Council about his/her project;
or
d. City Council aijthorizes a pity Department to issue a refund to the
owner/developer.
RefundiCharge
A refund charge will be assessed to help defray administration cost associated with the
processing cif refund check. The charge shall be 20%, of the amount of the refund, This
charge will be automatically deducted' frem the total refund amount.
i
Statute of LimitaUons
Any request, action or proceeding concerning the refund of fees normally waived
through the NE Z must be filed within ninety days following the date that the fees were
paid., An applicant who does not submit a refund request within 90 days, of the
transactions shall inet qualify for a refund.
To obtain a refund the appli:cant needs to:
• submit a NE Z application to the Planning and Development Department for
determination of the eligibility for NEZ fee waivers,, and
• submit a written request,to the Department in which the fees were paid. Upon,
receiving, a confirmation from the Planning and Dievellolpmelnt Department that the
project meets all NEZ,fee waiver criteria, that Department shall process, the request
based on the qualifications discussed in this poli�cy.
Exemptions
The provis,ion�s, of this policy do not apply,to,*l
a. " s that are not waived through the NEZ program; and
b. Taxes and special assessments; and
i
c. City liens such as mowing�, hoard-up, trash, demolition and paving liens.
An applicant shall not qualify for any refund if-.
a. The applicant was made aware of the NEZ incentives before he/she pays the
fees; or
b. The applicant doles not meet the requirements for NEZ, Incentives at the -time
he/she paid the fees; or
c. The applicant pallid the fees before the refund policy was put in place; or
d. The applicant paid the fees before the designation date of the NET
Discla*imer
In the event,of any conflict between the City's ordinances or regulations and this policy,
such ordinances or regulations shall control. In the event of any conflict between this
Adopted- February 5,, 2 013 22
pV%
olicy and other policies or regulations, adopted by the City Department issuing the
refund, such department policies or regulations shall control. The City reserves the right,
to deny any or request for refunds.
Adopted—February 5, 2013 23
Exhibit"2"
Prroperty Description
313 East Mason Street l Block 11 Lot 19�., JS Smith Addition, in -the City of Fort, Worth, Tarrant County,
Texas, and as shown on the P'lat recorded in Volume 204,A, Page 118, Deed Records, Tarrant County,
Texas
Exhibit 3
F6RT WORTH
Appkatiori No,
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
MINN- 001111-
PROJECT CERTIFICATION APPLICATION
1 0 NUNN
APPLICATION CHECK LIST" - Please submit the following documentation,
A completed application form
A list of all propertics owned by the applicant,owner,developer,associates,principals, partners,and agents
0
in the City Fort Worth
Non Refundsible Application fee-For all Basic Incentives applications,excluding Tax Abatement the
application fee is$25-00�. For multifamily,commercial, industrial, commercial facilities,and mixed-use tax
abatement applications-, 0.5%of the total Capital Investment of the project, with a$200.00 minimum and
not to exceed$2,0001.00; For residential tax abatement applications-, $1,00-00 per house.
Proof of ownership, such as a warranty deed,affidavit of-hcirship, or a probated will OR evidence of site
I
control,such as option to buy (A registered warranty deed 1:9 required for tax abatement application.)
Title abstract of the property(only if applying for release of City lacns)
A reduced 11 x 17 floor plan, site plan,and site elevation with
a written detailed project descniption that includes a construction time line
A detailed line item budget showing the cost breakdown for the project
Copy of Incorporation Papers noting all prMicipals,partners,and agents,if applicable
Refired-Meet with the Councilmember and Neighborhood&other Organizations representing the NEZ
.A
as outfined in the Public Notice requirement of the NEZ Policy and Guidelines revised April 6, 2,004 or
followed guidelines of NEZ Strategic Plan if a Strategic Plan is in place for the specific NEZ.
Support letter from Woodhaven Neighborhood Association and Woodhaven Community Development
Corporation(For projects located in Woodhaven NIEZ only)
INCOMPLETE, APPLICATIONS WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL ALL REQUIRED
DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SU13MITTED WITHIN 30 DAYS AFTER 'THE
APPLICATION IS RECEIVED.
YOU MUST APPLY FOR TAX ABATEMENT 13EFORE ANY BUILDING PERMITS ARE ISSUED FOR, YOUR
PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. IT TAKES 60 TO 90
BUSINESS DAYS TO COMPLETE THE TAX ABATEMENT' AGREEMENT APPROVAL, PROCESS AFTER THE
ISSUANCE OF NEZ CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT. ALL
BUILDING PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION WAS
APPROVED, OR WITHIN THE 12 MONTH PEIUOD THAT THE TAX ABATEMENT WAS APPROVED,OR YOU
WILL BE REQUIRED TO R&APPILY FOR NEZ INCENTIVES4
I. APPLICANT AGENT INFORMATION
I. Applicant. -.0 AO-1 ifi,At Ake=
&,aA,AC 2. Contact Person,,.
-Wlb
3. Address:
C Wq
Street I Staat P
4. Phone,no.,- �d I �4 53 Fax No.:
MW - !M ...........
6. lEmail: d9
cv-
7. Agent('if any
,
8.
add- s0 &A$Z:Whial ALLL.. 10600,
coq
Street State zip
9. Phone no.. 10. Fax No,,
11. Emai 1: k&AA It
Revised July 12,2 011
F6RT WO,RTIJ
A plpfication No.
PROJECT ELIGIBILITY
L Please list down the addresses and legal descriptions of the project and other properties your
organization owns in Fort Worth. Attach metes and bounds description I-If no address or legal
description is available. A,ttach a maps howling the location of the project.
T b le 1, Prop 1 0
Ownersntp
Address Zlip Code
P-gerIntinn
q ect Location Subdivision Name Lot No. Block,No.
Other proptrtlies owned in the City of Fort Worth continue on a, separate sheet and attach if necessary'.
/4.0
L
2. For each property listed in,Table 1, please check,the boxes belowto indicate I*f.-
there are taxes past due* or
• there are City Hens,or
• You (meaning, the! applicant, developer, associates,, agents,, principals) have been subject to a Building
Standards Commission's Order of Demolition where the property was demolished within the last five
years.,
Table;2 PropeLly Taxes,and City Liens,
Property City,Liens on Property
Address Taxes Weed Ho IN a-r-d-up/Open '--Demolition Paving Order of
Due Lien,s, Stu e Liens Liens Liens Demolition
11 11
El
EI --7 11
El 11 11
Li
El El
(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 m be eliglible
for NEZ *incentives
Revised July 12,2011 2
FORT f,,
Application No.
3. Do you own other properties under other names?, VesXNol
If Yes, please specify
4. Does the proposed project conform,r with of Fort Worth,Zonling?
If nol, what steps are being taken to insure compliance?
Project
y e Single Family a ld-Family Commercial Industrial Community Facilities Mixed-1—he
Owner occupied
..ZRtntal Proplefty
6. "lease describe the propos, al or commercial p, *ect,*, X A
roi
. If your project u,commercial,industrial,or -use project, please e r the es of
businesses that are being proposed.,
8. Is this a new construction or rehab p u ec ? New Construction Rehab
1
How,much s the total development cost of your pr
0) mom
Will the eligible re n i nn work* equal to at least 30% of the Tarrant ra�sn District (TAD)
ass value of the structure finning the year rehabilitation occurs? Yes No
*Efiglble rehabilitation,includes only physical 'improvements to real property. It doles T include.-
Front yard fencing consisting chain—l1 chain-link or solid material construction; personal property such as furniture,,
appillances,equipment", r supplies.Total efiglible rehabilitation costs shall equal to,or exceed 30% "the
D appraised value of the structure during the year rehabilitation occurs.
11. How much i's the total square footage of your project square feet
If'applying for a tax abatement please answer questions 12—16.If not skip to paft .111'clentiveS
1,2.For a sin pn � hn eo ne mix -uls or n�ulti-fu i, Aeve ern rn' please nut.
the number of residential units based on income range of owners or renters in the fain `ng table.
Viable 3 Number of Residential Units and Income Range of Owners or Renters
Numbe if Pl. n µ.
80%ofA F *
At or below 801%of AMFT
Total Units.,
*A -.Area Median Family Income. Please see attachment for income and housing payment,guidelines.
3. For a u tifam" *ect to b qualified or tax abatement, t least 20 u � total units shall e
affordable to families at or ben %of AMFL Check the box Iii'you are requesting a wativer of this
requirement.
4 For a commercial, in 'ustr*al or community facilities rn`ec I n i u el square footage of non-
�
" Industrial Community.Facifide",
square feet square feed square feet
Rcvis,cd July 12,2O 11 3
F6 RT WO TH r
Application 'o.
How much will be your Capital.
the details and ou nit of your Capital Investment(Attached additional f necessary).,
Table 4 Itemized Budget of the P
„
i
„ W
u u "
AErML, ow
AC AA
Total
ty
Capital Investment tr�vet�uent i�aucl�udies only real ��� improvements +,� s �,e�rr facilities� structures, site improvements, facility
expansion, and facility modernization. Capital Investment DOES NOT include land acquisition costs and/oar any existing,
improvements,or personal property(such as,machinery,equipment,and/or sup'p'lies or inventory).
16. For a commercial,, st 'ali,,communit scinq 2.r mixed-use ip lee, how many employees, will the
project generate?
17. For a rewired- `� mid cat the percentage of all uses n the p�� t"a true following table.'
Table 5 Percentage of Uses in a Mixed-Use Project
Type Square Footage Percentage
Residential
Office
Eating
Entertainment
Retail sales
Service
Total
Ill. INCENTIVES What Incentives are you applying four?
M'Unicl*Ral-Propelfty Tax Abatements
Must provide Final Plat Cablinet and Slide for Tax Abatement CtU4 00W44
oez 5 yew 0 More than 5 years
[:]Residential owner occupied elide ntlal Rental Property EApartments 5 plus units) Commercial
Development Fee Wave
All building permit related fees(including Plans Review and Inspections)
Plat application fee('including nce t plan, preliminary plat� find plat,short form r p t),
Zoning application fee OBo,ard of Adjustment application fee
Demolition fee Structure moving fees
Community Facilities Agreement(CFA)application fee
Street and utility easement vacation application fee
u wit
Fee a ers -The maximum watertwastewater impact tee waiver amount for a cwrwu rruerciall industrial, mixed-
use, or community facility development project is equivalent to the watef-twastewater impact fee of two 6-inc h meters
;ee-fo* Water (Meter r Size o. of meters Z,Transportado
Release of City,Liens
Weed I iiens Paving liens Board /open structure ens Demolition keens
Revised July 12,2011
FoRT WORTH' 1\ I' ation No.
.._n..wn
PP K
I hereby certify that the Information provided' is true and accurate to t. a best of my knowledge. I hereby
a,cknowled,ge that have received a copy of NEZ Basic Incentives which governs,the granting of'tax abatements,, fee
waivers and release o f City liens, and that any VIOLKrION of the terms of the N Ic Incentives or,
MISREPRESENTATION shall constitute grounds for rejection of an application or termination o intent ves at the
discretion of the City.,
I understand that the approval of fee waivers and other incentives shall not be deemed to be approval of any aspect ot*
the project. I understand that I am, responsible in, obtaining, required permits and inspections from the City and in
ensuring the project is located in the correct zonling district.
I understand that my application will not a processed if' it is incomplete. agree to provide y additional
in formation r per determinin eli i i it. requested by the City.
(PRINTED OR TYPED NAME) ('IftHdRUED SIGNATURE) (DATE)
Please mail or fax your apps don to.a
Gity o!f Fort Worth Planwing and,Devclop me en
Throe Orton Street,Fort Worth,Texas 76102
Tel.- ('817)392-2222 (817 392-8116-
Elector nit:version of this fonn is available on our website. For more information on the FEZ Program,please visit
our web site at www.fortworthgov,.orgiplanni'n,ganddevelopiment
AOMORI
F, y
Application 4 Which � Council District 7&
piic Unform w ith Zoning? Yes ON'o
Type? SF Multifamily Commercial Industrial Community facilities Mixed-Use
Coast ct n completion date? Before NE'Z After N Ownership/Site Control Yes No
TAD account N `+
Consistent with the plan" Yes, No
Meet affordability,test'? Yes Minimum Capital Investment.? es o
Rehab at or higher than 30 Yes No Meet mixed-use definition" es No
Tax current n this props Yes No Tax c urrent on other Properties? es
City liens on this property? City liens on other properties?
'e�ed liens Yes * Weed Fars Yes
o Board-� p"open structure liens El Yes o o Board-up/open structure liens Yes
« rrrr►itir� liens El Yes Demolition liens "�e
Paving Ii �s Yes * paving liens Yes c
Order off" a olitior Yes * Order of demolition Yes 0
Certified? Yes N Certified � Date certification issued?
r#I14 p �� �h,
If not certified,reason
Referred to: DEconomic,Developme t OHousing ElDevelopment OWater OCode 0T`PW
Revised July 12,2011 5
Exhibit 11411
Project Description
Singl,e Family Residence
2 Bedrooms
I Bathroom
Living Room
Kitchen/Dining Room
Approximately 878 square feet
A"�
W10 'i
5'�1��
.........., 01M .......
'Ai g�
W N 1glag
..........
71'
V4
�22
M"-A
'0
0
"�M
�e""alz
R E F EF%E Nk'";"E M A
DATE,.- 3/26/2 0 13 N01.-.9 C-26174 L%0% N A M E 17Nk'EZ313E AS'U"N
C r%rft N 0""I I N- P U 1 B L I
VUEI: C TYPE-, CONSENT HEARING: N 0
^A1
z o u B J E(;"T: Authorize Execution of Five-Year Tax Abatement Agreement with Angela Torres Moore for
Property Located at 313 East Mason Street in the Hemph�ill/Berry Neighborhood
Empowerment Zone (COUNCIL DISTRICT 9),
RECOMMENDATIONal
It, is recommended that the City Council authorize the execution of a five-year'Tax Abatement
Agreement with Angela Torres Moore for the property at 313 East Mason Street in the Hemphi,ll/Berry
Neighborhood Empowerment Zone, in accordance with the Neighborhood Empowerment Zone Tax
Abatement Policy and Basic Incentives.
DISCUSSION:
Angela Torres Moore (Property Owner) is the owner of'the property described, as Block 1,1, Lot 19, JS
Smith Addition, an Addition to the City of Fort Worth,, Tarrant CountyT Texas, according to the pilat
recorded in Volume 204A, Page 118, of the Plat Records of Tarrant County, Texas, at 313 East
Mason St,ree�t, Fort Wolrth, Texas. The property is located within the He�mphill/Berry Neighborhood
Empowerment Zone (NEZ).
The Property Owner plans to invest an estimated, amount,of$5�2,0�00.00i to construct an,
approximately 878 square foot single family residence (Plroject). The Project w�ill be used as rental
property.
The Housing and Economic Development Department reviewed the application and certified that the
Property Owner and Project niet the eligi,bil,i,ty criteria to receive a NEZ Municipal Property Tax
Abatement. The NEZ Basic Incentives in�cludes a five-year Municipal Property Tax Abatement on the
increased value of improvements to the qualified owner of any new construction or rehabilitation
within the NEZ.
Upon, execution, of the Agreement, 1001 percent of the assessed value of the improvements, used for
calculating municipal property tax will be frozen for a period of-five years starting January 2014, at the
estimated pre-,improvement value, as defined by the Tarrant Appraisal District(TAD), for the property
as follows:
Pre-Impirolvement TAD Value of Improvements $ 0.00
Pre-Improvement Estimated Value of Land, $4,000.00
Total Pre-Improvement EsUmated Value $4,000-00
The municipal property tax on the improved value of the Project after construction is estimated, in the
amount of$444.60 per year for a total, amount of$2,223.,00 over the fi�ve�-year period. However, this
es,t,im,ate may differ from the actual tax abatement value, which,will be calculated based on,the
Tarrant Appraisal District appraised value of the property.
In the event of a sale of this property, the NEZ Tax Abatement Agreement may be assigned, to a new
owner s first mortgagee or a new owner as rental property. All other assignments must be approved
by the City Council.
This property is located in COUNCIL DISTRICT'9.
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FISCAL INFORMATIONMERTIFICATION.,
The Financial anagement Services Director certifies,that this action will have no material effect on
City funds.
TO Fund/Accou,nt/Cent,er's FROM Fund,/Accou,nt/Centers
Submiftted for CIS y Manager's Office byl: Fernando Costa (6122)
OrIg Ina fing! Department Head: Jay Chapa (5804)
Cynthia Garcia (81 ')
Addi"tional Information Contact: Sarah Odle (7316)
ATTACHMENTS
313 E Mason Elevation.pdf
313 E Mason NEZMap forCou.nal,
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