HomeMy WebLinkAboutResolution 4209-05-2013 A Resolution
NO. 4209-05-2013
PROVIDING THAT THE CITY OF FORT WORTH ("CITY") ELECTS TO BE
ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT AS AUTHORIZED BY
CHAPTER 312 OF THE TEXAS TAX CODE AND ESTABLISHING A
NEIGHBORHOOD EMPOWERMENT ZONE TAX ABATEMENT POLICY
GOVERNING SUBSEQUENT TAX ABATEMENT AGREEMENTS FOR
PROPERTIES LOCATED IN A NEIGHBORHOOD EMPOWERMENT ZONE AND
ADOPTING AN AMENDMENT TO THE NEIGHBORHOOD EMPOWERMENT
ZONE TAX ABATEMENT POLICY AND BASIC INCENTIVES
WHEREAS, a municipality may enter into tax abatement agreements authorized
by Chapter 312 of the Texas Tax Code ("Code") only if the governing body of the
municipality has previously adopted a resolution stating that the municipality elects to
be eligible to participate in tax abatement and has established guidelines and criteria
governing tax abatement agreements ("Tax Abatement Policy"); and
WHEREAS, pursuant to the Code, a Tax Abatement Policy is effective for two (2)
years from the date of its adoption; and
WHEREAS, the City's current Neighborhood Empowerment Zone Tax Abatement
Policy expired on May 18, 2013; and
WHEREAS, on February 5, 2013, the City Council adopted Resolution No. 4180-
02-2013 wherein the City implemented amendments to the Neighborhood Empowerment
Zone Tax Abatement Policy and Basic Incentives; and
WHEREAS, the Housing and Economic Development Department has
recommended miscellaneous amendments to the NEZ Policy related to tax abatements,
certifications, release of liens and housekeeping matters;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. THAT the City hereby elects to be eligible to participate in tax abatement in
accordance with Chapter 312 of the Code.
2. THAT the City hereby adopts the Neighborhood Empowerment Zone Tax
Abatement Policy attached hereto as Exhibit "A", which constitutes the
guidelines, criteria and procedures governing tax abatement agreements
entered into by the City, to be effective from May 21, 2013 through May 21,
ORT WO
Resolution No.4209-05-2013
2015 unless the NEZ policy is earlier amended or repealed by a vote of at
least three-fourths (3/4) of the members of the City Council.
3. THAT the City hereby amends the NEZ Policy attached hereto as Exhibit
"A" to incorporate revisions related to tax abatements, certifications, release
of liens and housekeeping matters; the NEZ Policy constitutes the guidelines,
criteria and procedures governing tax abatement agreements entered into by
the City, to be effective May 21, 2013 through May 2 1, 2015 unless the NEZ
Policy is earlier amended or repealed by a vote of at least three-fourths (3/4)
of the inember the City Council.
4. THAT this Neighborhood Empowerment Zone Tax Abatement Policy, as it
may subsequently be amended, will expressly govern all tax abatement
agreements for properties located in a Neighborhood Empowerment Zone as
designated by City Council and entered into by the City during the period in
which such Tax Abatement Policy is in effect.
5. THAT all previous Resolutions are hereby expressly repealed to the extent in
conflict with the provisions of this Resolution.
6. THAT this Resolution shall take effect immediately from and after its
adoption.
Adopted this 21 day of May, 2013.
ATTE ST-,, A:10 00000000
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By� °o
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Ronald P. Gonzales, istant City Secretary 4�Z�4 0000.000 0 0 �Y
RT WORT ...........
Exhibit AtoResolution
CITY Or FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE(NEZ)TAX ABATEMENT POLICY AND BASIC
|mCEmTmsa
i GENERAL PURPOSE AND OBJECTIVES
Chapter 378 of the Texas Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone (NEZ) when a "...municipality determines that the creation
of the zone would promote:
(1) the creation of affordable housing, including manufactured housing, in the zone;
(2) un increase|n economic development in the zone;
(3) an increase in the quality of social services, oducaUon, or public safety provided to
residents uf the zono�or
(V the rehabilitation uf affordable housing in the zonw.^
The City, by adopting the following NEZ Tax Abatement Policy and Basic Incentives,will
promote umorVob|m 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.
Howov*r, any tax abatement awarded before the expiration of NEZ shall carry its full term
according m its tax abatement agreement approved by the City Council.
As mandated bystate |aw,the property tax abatement under this policy applies to the owners uf
nna| property. Nothing|n the policy mhoU be construed om an obligation Uy the City of Fort Worth
to approve any tax abatement application.
It. DEFINITIONS
"Abatement or Tax Abatement" means a full or partial exemption from City of Fort Worth ad
valorem taxes on eligible real and personal property located in a NEZ for specified period on
the difference bmumnon (i) the amount of increase in the appraised value (as /o0odnd on the
oani8oU tax wU of the appropriate county appraisal district) m»u|Un0 from improvements begun
after the execution of written Tax Abatement Agreement and (ii) the appraised value of such
noa| nv1ohe prior to execution of written Tax Abatement Agreement (as mOoxtoU on the most
recent certified tax m|| of the appropriate county appraisal district for the year prior to the date
on which the Tax Abatement Agreement was exeuutod)
"Affordable 0n8a^ means affordable to persons earning less than 80% Area Median Family
Income (AMFI) as defined by U.S. Department o/Housing and Urban Development(HUD) for
single family housing and Linder 60%AMFI as defined by HUD for rental and multi-family.
'Base Value"is the value of the Real Property Improvements, excluding land, as determined by
the Tarrant County Appraisal District,during the year rehabilitation occurs.
Adopted—May 2\'2V\3 1
Standards Commission" is the commission created under Sec. 7-77, Article W!
Minimum Building Standards Code nf the Fort Worth City Code.
"Capital Investment' ino|odoo only Real Property Improvements such on new facilities and
otmotumo. site improvements,facility expansion, and facility modernization. Capital Investment
does NOT include land acquisition costs and/or any existing improvements,or personal property
(such us machinery,equipment,ondlor supplies and inventory).
'City ofFort Worth Tax Abatement Policy Statement"means the policy adopted by City Council.
Iommoro�Nnduo�a/ Development Project" is a development project which proposes 10-
'
construct or rehabilitate commercial/industrial facilities on property that is fi� ------
"Community Facility Development Ftojoo/^ is o development project which proposes top Indent:-Left; 3 pt
construct or rehabilitate community facilities on property that i0iows, -----------------
in corn hance with the,Zonil (JkssJ!igL1ion or the Future
"Eligible Rehabilitation" includes only physical improvements to Real Property Improvements,
Eligible Rehabilitation does NOT include personal property (such as fumi\um, appliances,
equipment,and/or nupp|ioa).
^Smoo Floor Area"|x 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,
"Minitnum Building Standards Code"is Article IV of the Fort Worth City Code adopted pursuant
to Texas Local Government Code,Chapters o4 and 214.
"Minority Business Enterprise (MBE)"and"Women Business Enterprise (WBE)"is a minority or
woman owned buo/nono that has nmomoU uaUihoeUon as either a certified MBE or uort|hoU
YVBE by either the North Texan Regional Certification Agency (NTRCA) or the Texas
Department uf Transportation<TxDoV. Highway Division.
|
"Mixed-Use Development Project" is u development poVaot which proposes to construct or~ Formatted: l
rehabilitate mixed-use facilities in which residential uses constitute 2U percent o, more of the
total gross floor area, and offioe,eating and *n\ertainment,and/or retail sales and eemiuo uxox
constitute 10 percent or more of the total gross floor area and is on property that is(Ew-*nem4a
~�-Fort Worth,,Z(,xi ing
Multi-family Development Project' is a development project which proposes to construct or- ' Formatted;indent:Left: 3 pt
/
rehabilitate 3or more multi-family residential living nitn on a property that ioAer rnmes-tho
f-q__—_ � _, _---_ -_- _-^ _ -__ __ _- _-_ -, the _^ _ _ _-
Adopted-May 2L2VG 2
�v gic in the
"Now Construction" is a newly constructed habitable structure improvement requiring a
permanent foundation. This excludes accessory structures such as sheds and incidental out
buildings.
'Prm/on' Residence" m the residence that has m Homestead Exemption on file with 7aoon/
County Appraisal District.
"P\maor means o 'Residential Project", ^CmnmonciaWhduxtria/ Dov*bmmon/
Project","Community Facility Domakwmeo/ Project", "Mixed-Use Development Project", or a
"Multi-tmmily Development Projmm.^
"Real Property knpmvomun/x^ — means u habitable xooc/ue as defined by the Forl North
Building Code.
"Reinvestment Zone" is an area designated as such by the City of Fort Worth in accordance
with the Property Redevelopment and Tax Abatement Act codified in Chapter 312 of the Texas
Tax Code, oranarea designated as an enterprise zone pursuant to the Texas Enterprise Zone
Act'codified in Chapter 2303 of the Texas Government Code.
"Residential Pxojeor—means less than 3 residential units.
U|. MUNICIPAL PROPERTY TAX ABATEMENTS
A. RESIDENTIAL PROPERTIES Lomxrso IN 4 mEZ- FULL ABATEMENT FOR 5
YEARS
1. For residential property purchased before NEZdosignaUon. a homeowner shall be
eligible ioapply for a tax abatement by meeting the following-,
a. Property is owner-occupied and the primary residence of the homeowner prior to
the 8oa| NEZ designation. Homeowner shall provide proof ofownership by m
warranty deed, affidavit of heimhip, or probated will, and shall show proof of
primary residence hy homestead exemption;and
U. Property is rehabilitated after NEZUenignaUon and Qty Council approval of the
tax abatement;
n. Homeowner must perform Eligible Rehabilitation on the property uMm/ NEZ
designation equal toorin excess n/3D'& n/the Base Value of the Real Property
Improvements;and
d. Property is not in o tax-delinquent status when the abatement application is
submitted.
2. For residential property purchased after NEZ designation, a homeowner shall be
eligible to apply for a tax abatement bymeeting the following:
a. Real Property |mpmxommnm are constructed or rehabilitated after NEZ
designation and City Council approval of the tax abatement;
Adopted—May 2i.2V\3 3
b. Property is is the primary residence of the homeowner.
Homeowner shall provide proof of ownership by warranty doeU, affidavit of
koimhip, or e probated vwU, and mhuU show proof of primary residence by
homestead exemption;
o. For rehabilitated Real Property Improvements, Eligible Rehabilitation costs on
the Real Property |mpmxommnm shall be equal to or in excess of 30% of the
Base Value o/the Real Property Improvements.The seller or owner shall provide
the City information\o support ehohi||,o\innoouto;
d. Property is not in o tax-delinquent status when the abatement application is
submitted;and
3. For investor owned single family pmpmrty, an investor shall he eligible k,apply for a
tax abatement by meeting the following:
a. Real Property Improvements are constructed or rohoU||hanoU after NEZ
designation and City Council approval of the tax abatement;
A. For rehabilitated Real Property Improvements, Eligible Rehabilitation costs on
the Roo| Property Improvements shall be equal to or in excess of 30% of the
Base Value of the Real Property Improvements,
o. Property is not in o tax-delinquent status when the abatement application is
submitted; and
d. Property iain conformance with the City nf Fort Worth Zoning Ordinance.
B. MULTI-FAMILY DEVELOPMENT PROJECTS LOCATED|NAmEZ
1. 100%Abatement for 5 years.
If an aviolicant nplies for a tax abatement agreement with a term of five years—or
less,this section shall apply.
Abatemam$ for multi-family development projects for upm 5youm are subject to
City Council approval. The applicant may apply with the Housing and Economic
Development Department for such abatement.
In order to be eligible for a property tax abatement upon comp|oUon, a newly
constructed orrehabilitated muUi4amily development project inu NEI must satisfy
the following:
At least twenty percent (20%) of the total units constructed or
rehabilitated shall be affordable (as defined Dy the U S. Department u| Housing
and Urban Development) and oM oo|Ue on persons with incomes at or below
eighty percent <80%> of area median income based on family size. City Council
may waive or reduce the 20%affordability requirement on a case-by-case basis.
In addition at least 5% of the total units constructed or rehabilitated uho|| be
compliant with the Americans with DiwohUKy Act (ADA) in oounrUonco with
Section nO4of the Rehabilitation Act,and must bo fully accessible and 2%ofthe
total units constructed must be fully uoc000iWe to persons with sensory
impairments;and
Adopted–May 21.208 4
(a)For a multi-family development project constructed after NEZ designation,
project must provide at least five (5) residential living units OR have m
minimum Capital Investment of$2UD.OUU; o,
(b) For o rehabilitation project, the Real Property |mpm"omema must be
rehabilitated after NEZdesignation. Eligible Rehabilitation costs onthe Rou|
Property Improvements shall be at least 30Y6 of the Base Value of the Real
pmpmhy Improvements. Such Eligible Rehabilitation costs must come from
the rehabilitation ofat least five (5) residential living units ormminimum
Capital Investment of$2O0.00U.
2. 1%-100%Abatement of City Ad Valorem taxes up to 10 years
If an applicant applies for a tax abatement agreement with a term of more than five
years,this section shall apply.
Abatements for multi-family development projects for up to 10 years are subject to
City Council approval. The applicant may apply with the Housing and Economic
Development Department for such abatement.
Years 1 through 5 of the Tax Abatement Agreement
Multi-family projects shall ue eligible for loom abatement uf City ed valorem taxes
for years one through five of the Tax Abatement Agreement upon the satisfaction of
the following:
At least twenty percent (20%)of the total units constructed or rehabilitated shall
be affordable (as defined by the U. O. Department of Housing and Urban
Development) and mg aside to persons with incomes at or below eighty percent
(80%) of area median income based on family size. Oq/ Council may waive or
reduce the 20% affordability requirement on o case-by-case haois. In addition at
least 5%of the total units constructed or rehabilitated shall be compliant with the
Americans with Disability Act (ADA) in ouuovdanoo with Gad\nn 504 of the
Rehabilitation Act, and must be fully accessible and 2% of the total units
constructed must be fully accessible N persons with sensory impairments;and
a. For o multi-family development project constructed after NEZ designation, the
project must provide at least fixa (5) residential living units OR have a
minimum Capital Investment o/*2O0.O0O;u/
b. For a rehabilitation project, the poo| PmpwUY Improvements most he
rehabilitated after NsZdesignation. Eligible Rehabilitation costs onthe Real
Property Improvements ohu|| be at least 30Y6 of the B000 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 uf*2V0.0UU
Years 6 through 10 of the Tax Abatement Agreement
Multi-family projects shall be eligible for a 1%-100% abatement of City ad valorem
taxes for ymom six through ten of the Tax Abatement Agreement upon the
satisfaction of the following:
a, At least twenty percent(20Y6) of the total units constructed or rehabilitated ohm||
be affordable (as defined by the U. G. Department of Housing and Urban
Adopted—May 2).2O|3 5
and set aside to persons with incomes atm below eighty percent
(8o%)m area median income based on family size. In addition an least 5%o[the
total units constructed or rehabilitated shall be compliant with the Americans with
Disability Act(ADA)in accordance with Section 5O4u/the Rehabilitation Act,and
must be fully ac000uiWo and 2% of the total units constructed must be fully
monooaib/o to persons with sensory impairments. City Council may waive or
reduce the 20%affordability requirement on0000*-hy'oaae basis;and
1, For a multi-family development project constructed after NEZ designation,the
project must provide at least five (5} residential living units OR have u
minimum Capital Investment o/$2O0.O0O;o/
2. For u rehabilitation project, the Real Property Improvements must be
nohubi|UaveU after NsZdesignation. Eligible Rehabilitation costs oothe Rou|
Property Improvements ohu|| be at least 30% of the Base Value of the Real
Property Improvements, Such Eligible Rehabilitation costs must come from
the rehabilitation of at least five (5) residential living units or a minimum
Capital Investment of$200.000-
k Any other xa/mu as City Council of the City of Fort Worth uoomo appropriate,
including, but not limited to:
1. utilization uf Fort Worth companies for om agreed upon percentage of the total
costs for construction contracts'
2 utilization of certified minority and women owned business enterprises for en
agreed upon percentage of the total costs for construction contracts;
3 property inspection;
4 commit Vo hire an agreed upon percentage o/Fort Worth residents
5� commit to hire mn agreed upon percentage of Central City residents
O. landscaping;
r. tenant selection p|ano�and
8. management plans.
C. CoxxMEmcmL. INDUSTRIAL AND COMMUNITY FACILITIES DEVELOPMENT
PROJECTS LOCATED|mAmEZ
1. .100%Abatement of City Ad Valorem taxes for 5 years
If an apglicant applies for a tax abatement agreement with a term of five years or
less,this section shall apply.
Abatements for Commercial, Industrial and Community Facilities Development
Projects for up on 5yeam are subject to City Council approval. The applicant may
apply with the Housing and Economic Development Department for such abatement.
In order to be eligible for a property tax ehatament, a newly constructed or
rehabilitated commercial/industrial and community facilities development project in a
NEZ must satisfy the following:
a. A commemia|, industrial or e community facilities development pn4eo|
constructed after NEZ designation must have aminimum Capital Investment of
$75,000;or
Adopted—May 2}.20}3 6
b For ehohUkmUun pn4mct, u must ho rehabilitated after NEZdemignaUon, Eligible
Rehabilitation costs on the Real Property Improvements shall be at least 30% of
the Base Value of the Rou| Property Improvements, or $75.000. whichever is
greater,
If an applicant applies for a tax abatement agreement with a term of more than five
years,this section shall apply.
Abatements agreements for a 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
_ .1%-100%Abatement of City Ad Valorem taxes up to 10 years
such abatement.
Commercial, Industrial and Community Facilities Development projects shall be
eligible for 1UO96 abatement o(City ad valorem taxes for the firstfive years of the
Tax Abatement Agreement upon the satisfaction of the following:
u. 4 commercial, industrial or m community facilities development project
constructed after NEZ designation must have moinizum Capital Investment of
$75,000;or
b� For a rehabilitation project, it must be rehabilitated after NEZ designation. Eligible
Rehabilitation costs on the Real Property Improvements shall be at least 30%of
the Base Value of the mow| Property |mpmvemenio, or $75,000, whichever is
gmater.
Years 6 through 10 of the Tax Abatement Agreement
Commercial, Industrial and Community Facilities Development projects shall be
eligible for 1%-100%abatement of City ad valorem taxes for years six through ten of
the Tax Abatement Agreement upon the satisfaction oy the following:
o. A *vmmonial, industrial or a community facilities development pn4ou1
constructed after NEZ doo|gnm1mn must have a minimum CamKm|
Investment of$75,000 and must meet the requirements of subsection (o)
below;or
0 For mhoUnVo8on pn8ect, it must bn rehabilitated after NEZaevignaUon
Eligible Rehabilitation costs on the Real Property Improvements shall be
at least 30% of the Bmon Value of the goa| Property Improvements, or
$75.000. whichever is greater and mom\ the requirements of subsection
(c)below.
c Any other »ennw as City Council of the City of Fort Worth deems
appropriate,including,but not limited to:
1. utilization o/Fort Worth companies for an agreed upon percentage of
the total costs for construction oontractw�
2. utilization of certified minority and women owned business en1mmnoem
for an agreed upon percentage of the hu1a| costs for construction
contracts;
3. commit io hire un agreed upon percentage o*Fort Worth residents;
4. commit 0ohire an mqeod upon percentage ufCentral City residents;
and
Adopted—May 2|,20D 7
5. landscaping,
D. MIXED-USE DEVELOPMENT PROJECTS LOCATED|NANEZ
1- 100%AbaIemenL_Qf City Ad Valorem taxes for 5 years
If an.amplicant applies for a tax abatement agreement with a term of five years or
less,this section shall apply.
Abatements for Mixed-Use Development Projects for upto5 years are subject m
Qh/ Council approval. The applicant may apply with No Housing and Economic
Development Department for such abatement.
|n order toho eligible for a property tax abatement, upon completion, anewly
constructed ur rehabilitated mixed-use development project inoNsZ must satisfy the
following:
a. Residential uooa in the project constitute 20 percent or more of the total Gmoo
Floor Area of the project, AJ least twenty percent (2OY6) ofthe total units
constructed or rehabilitated ehm|| be affordable (as defined by the U. S.
Department nfHousing and Urban Development) and sot aside to persons with
incomes at or below eighty percent (00Y6) of area mod/on income based on
family size. In addition at least 5% of the total units constructed or rehabilitated
shall ba compliant with the Americans with Disability Act (\DA) in accordance
with Section 50* of the Rehabilitation Act, and must be fully accessible and 296
of the total units constructed must be fully ac0000iWo to persons with sonnmY
impairments;and
U. 0ffiou, eating and omertainmmnt, end/or retail ao|eo and service uses in the
project constitute 10 percent or more uf the total Gross Floor Area of the project;
and
(1) A mixed-use development project constructed after NEZ designation must
have o minimum Capital Investment of$200,000;or
(2) Form rehabilitation pn4oct, it must he rehabilitated after NEZdeoiOnahon.
Eligible Rehabilitation costs onthe Real Property Improvements shall be at
|eom 30% of the Base Value of the Real Property Improvements, or
$200.000. whichever is gmmtwc
2. 1%-100%Abatement of City Ad Valorem taxes up to 10 years
If an applicant applies for a tax abatement agreement with a term of more than five
years,this section shall apply.
Abatements agreements for a Mixed Use Development projects for up to 10 years
are subject to City Council approval. The applicant may apply with the Housing and
Economic Development Department for such abatement.
Adopted—May 2i.2O)3 8
Years I through 5 of the Tax Abatement Acireement
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 uV the following:
o. Residential u000 in the project constitute 2O percent or more o/the total Gmoo
Floor Area of the project. At |oao\ twenty percent (20%) of the total units
constructed or rehabilitated oho|| be affordable (an defined by the U. S.
Department of Housing and Urban Development) and set aside to pomuno with
incomes at or below eighty percent (80%) of area median income based on
family mice. In addition at |eoo\ 5% of the \nte| units constructed or rehabilitated
shall bo compliant with the Americans with Disability Act (\D4) in accordance
with Section 504 of the Rehabilitation 8ct, and must be fully accessible and 2%
of the total units constructed must be fully accessible to persons with sensory
impairments; and
». Office, eating and eNanammont, and/ox retail oa|ow and service uses in the
project constitute 10 percent or more of the total Gross Floor Area of the project;
and
c 4 new mixed-use development project constructed after NEZ designation must
have a minimum Capital Investment of$200,000; or for a rehabilitation project, it
must berehabilitated after NEZdesignation, Eligible Rehabilitation costs onthe
Real Property Improvements shall b*at least 3O%of the Base Value uf the Real
Property Improvements, or$2OO.0UO.whichever ixgreater.
Years 6 throuah 10 of the Tax Abatement Agreement
Mimed Use Development projects shall be eligible for 1-100% oha\mm*n( of City ad
valorem taxes for years six Nruu0k ten of the Tex Abatement Agreement upon the
satisfaction of the following:
e. Residential uxmn in the project constitute 20 percent or more of the total Gmyn
Floor Area of the project; At least twenty percent (20%) of the tcxn| units
constructed or rehabilitated shall be affordable (as defined by the U S
Department ufHousing and Urban Development) and set aside bo persons with
incomes at or below eighty ponmn| (80%) of area median income booed on
family size. In addition at least 5% of the total units constructed or rehabilitated
nhuU be compliant with the Americans with Disability (\DA) in u000rdonum
with Section 504 of the Rehabilitation Ac1, and must be fully aooemoih|o and 2%
of the iNa| units constructed must be fully accessible to persons with sensory
impairments;and
k. Offioo' eating and wntortainmont, and/or retail sales and service uomn in the
project constitute 1O percent or more of the total Gross Floor Area o/the project;
«. U after NsZ designation t
have a minimum Capital Investment of$200,000; or for a rehabilitation project, it
must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the
Real Property Improvements shall be at least 30%of the Base Value of the Real
Property Improvements,or$200,000,whichever is greater;and
Adopted—May 2\.2V\3 9
d Any other terms an City Council of the City m Fort Worth deems appropriate,
/no/umnU. but not limited to:
1. utilization u/Fort Worth companies for om agreed upon percentage ofthe
total costs for construction contracts;
2. utilization uf certified minority and women owned business enterprises for
on agreed upon percentage oy the total costs for construction contracts;
3. property inspection;
4, commit ho hire mn agreed upon percentage n(Fort Worth residents
5. commit 0uhire an agreed upon percentage ofCentral City residents
O. landscaping;
7. tenant selection plmno�and
8. management plans.
E. ABATEMENT GUIDELINES
I If a NEZ is located in a Tax Increment Financing District, City Council will determine
on a case-by-case basis if the tam abatement incentives in GooUon U| will be offered
to eligible Projects. Eligible Projects must meet all eligibility requirements specified
in Section Ui
a. Amm abatement shall not be granted for any development project in which a
building permit uppUoahnn, excluding grading and/or demolition, has been filed with
the City's Planning and Development Department. In addition,the City will not abate
taxes on the value of real or personal property for any period of time prior to the year
m execution nfn Tax Abatement Agreement with the City.
&l" F Vygdh Zoning. Formatt d;Bullets and Numbering
| 8z4L|f o Pu400t is |oosind in the Woodhaven Neighborhood Empowerment Zone. |n~
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 o/support for the Project to
the City o/Fort Worth
|
A-..5. Tax Abatements for a new construction project will automatically terminate two~ Formatted:Bullets aad'N'u'rnbering
ymom after Council approval of the tax abatement if building permit has not been
pulled and m foundation has not been poured.
| &_Tax Abatements for a rehabilitation project will automatically terminate two years- rm tted:Bullets and Numbering
after Council approval of the tax abatement|f the project io not complete.
| fiZ. In order to be eligible to apply for a tax abatement, the property owneddeveloper- Forma Bullets
_and Numbenng
must:
a Not be delinquent in paying property taxes for any property owned by the
owner/developer, except that an owner/developer may enter into a tax
abatement agreement with the city of Fort Worth for m specific Project if:
1 the Project meomNEZ tax abatement criteria;and
Adopted—May 3]`20|} 10
2. the applicant is not responsible for the tax delinquency for the Property; and
3. the applicant enters into en agreement k`pay off the taxes under the
guidelines permitted under state law:and
*. the tax abatement shall provide that the agreement shall take effect after the
delinquent taxes are paid infull
b Not have any City o< Fort Worth liens filed against any property owned by the
applicant property ownondovo|opnr. ^Lienu'' include, but are not limited to, weed
liens,demolition liens,Unoru-up/open structure liens and paving liens.
| 3�L__Pn4ectu to be constructed on property to be purchased under a contract for deed,
are not eligible for tax abatements. ---------- -----~
|
",.,_Once o wEZ property owner of eaiuonUm| property (including multi-family) in the-
-----NEZ satisfies the criteria oat forlA in Sections UiA 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 mutomudou||y terminate if the
property subject \u the tax abatement agreement is in violation of the City of Fort
Worth's Minimum Building Gtanuonmn Code and the owner is convicted of such
violation.
| 1k,9. A tax abatement granted under the criteria set forth in Section ||\ can only he
granted once fora property in a NEZ for maximum term of as spoo|Oex in the
agreement. If property on which tax is being abated is uum. the City may assign
the tax abatement agreement for the remaining term once the new owner submits an
application so long as the new owner complies with all of the terms of the tax
abatement ugraomenL0 A property owner/developer of multifamily devo|opment,
uommemia|, induothm|, community fao||iUoo and mixed-use development project in
the NEZ who desires a tax abatement under Sections|||.B.CurDmust:
o GmUmfy the criteria set forth in Sections ||| B. C or D, as applicable, and Sections
UiE.1 E2�and E3.and
u. File on application with the Housing and Economic Development D*pmrtmon\, as
applicable;and
c The property owner must enter into m tax abatement agreement with the City of
Fort Worth. In addition to the other terms of agreement, the tax abatement
agreement shall provide that the agreement mhmU automatically terminate if the
owner receives one conviction o/a violation nf the City o/Fort Worth's Minimum
Building Standards Code regarding the property subject to the abatement
agreement during the term ofthe tax abatement agreement;and
d. |fa property in the NEZon which tax iu being abated io sold,the new owner may
enter into a tax abatement agreement on the property for the remaining term.
| 4glL-|f the terms of the tax abatement agreement are not met,the City Council has the
right to uenoe| or amend the abatement agreement. In the event ofcancellation, the
recapture of abated taxes shall be limited to the year(s) in which the default occurred
or continued.
|
142,The terms nf the agreement ohaUindudotheCitynfFort Worth's right to: (1) review
and verify the applicant's financial statements in each year during the |iha 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 |ih* of the abatement to verify
Adopted—May 2)`20l] 11
_
compliance with the terms of the tax abatement agreement. (3) terminate the
agreement if the Project contains or will contain n sexually oriented business <4
nonn|mate the ogreemmnt, as determined in City's ou|e xioomVon' if the Project
contains ur will contain m liquor store or package store.
| 12.1. Upon completion of construction of the facilities, the Qty akoU no |nno than
annually evaluate each project receiving abatement to insure compliance with the
Vumoo of the agreement. Any incidents o[non-compliance will be reported to the City
Council.
On or before February 1st of every your during the life of the agreemmnt, any
individual or entity receiving a tax abatement from the City of Fort Worth ohmU
provide information and documentation which details the property m*no/a
compliance with the terms of the respective agreement and ohoU certify that the
owner imin compliance with each applicable term of the agreement. Failure toreport
this information and to provide the required certification by the above deadline shall
mau|1 in cancellation of agreement and any taxes abated in the prior year hem8 due
and payable-
If apmpertyin\heNEZnnwhiohtamisheinqmbatedivao|d.thenowowoormay
enter into aiax abatement agreement on the property for the remaining term. Any
oa|o,assignment or lease of the property which in not permitted in the tax uho\nmont
agreement results in automatic cancellation of the agreement and recapture of any
taxes abated after the date on which on unspecified assignment occurred.
F. APPLICATION FEE
1 An application fee of$25.00 for all basic incentives,excluding tax abatements.
2� The application hao for residential tax abatements governed under Section |||,A is
$100.
3. The application fee for muUi-family. commercial, inUuuk|m|, community facilities and
mixed-use development projects governed under Sections U|.B, C. and D, is one-
half of one percent(0.5%)of the proposed Project's Capital Investment, with a $200
minimum not to exceed $2.000. The Application Fee ahmU not be nnadkod or
refunded\o any party for any reason.
|V. FEE WAIVERS
A. EUG|BLEnEC|P|ENTS/PnOPERTlES
1 City Council shall determine on o case-by-case basis whether a Project that will
contain or contains m liquor store or package store is eligible to apply for a fee
waiver-
2. If a Project is located| the Woodhaven Neighborhood E ntZo e, in order
to be considered"eligible"to apply for a fee waiver under this Policy,the Woodhaven
Community Development Corporation and the Woodhaven Neighborhood
Association must have submitted a letter of support for the Project to the City of Fort
Adopted—May 2l,2Vi3 12
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 o contract for deed are not eligible for development fee waivers.
3. In order for a property ownerldeveloper to be eligible to apply for fee waivers for a
Project,the property ownendeve|uper
u. must submit mn application\o the City;
o. must not be delinquent in paying property taxes for any property owned by the
owner/developer orapplicant;
o. must not have any City liens filed against any property owned by the applicant
property owner/developer, including but not limited to, weed |/anm. demolition
|\eno, board-up/open structure liens and paving liens;and
d. ofmProject that will contain or contains a liquor store, package store ormsexually
oriented business has received City Council's determination that the Pn4wd in
eligible to apply for fee waivers.
pt |
Approval of the application and waiver of the fees shall not be deemed to be
approval of any aspect of the Proiect. Before construction, the applicant must
ensure that the prolect is located in the correct zoning district.
B. DEVELOPMENT FEES
1. Once the Application for NEZ Incentives has been approved and certified by the City,the
following fees for services performed by the City of Fort Worth for Projects in the NEZ
are waived for new construction projects or rehabilitation projects that expend at least
3096 of the Base Value of the Real Property Improvements on Eligible Rehabilitation
ouotm:
o) All Building Permit related Fees (including Plans Review and Inspections) except as
stated in NB.2. below
U) Plat Application Fee(including Concept Plan, Preliminary P|m.Final p|sw.Short Form
ReplaV
Board of Adjustment Application Fee
d) Demolition fee
m> Structure Moving Fee
fi Community Facilities Agreement(CF/)Application Fee
8) Zoning Application Fee
h> Street and Utility Easement Vacation Application Fee
i) Ordinance Inspection Fees
0 Consent/Encroachment Agreement Application Fees
x> Transportation Impact Fees
V Urban Forestry Application Fees
m) Sign Permit Fees
Adopted—May 2i'20i3 15
2. If a permit or application listed in B(1) is expired, the fee to reactivate, renew or reapply
shall not bmwaived. In addition, penalties and extension fees o, re-permitting fees will
not h*waived.
3 Neighborhood Empowerment Zone Fees not waived or reduced:
aJ Investigation Fees
$j Plan Revision Fees
c-) Change v/Record roes
U.) Inspection outside of normal business hours Ro|nopmction Fee
o.) Annual Fire Inspection Fees
4. Other development related h000 not specified above will be considered for approval by
City Council unacaaa-by'cmm* basis.
C. |n8PACTFEE8
1 Single family and multi-family residential development projects in the NEZ.
Automatic 1UO%waiver of water and wastewater impact fees will boapplied.
2. Commomia|, induo\ria|, mixed'uum, nr community facility development projects in the
NEZ.
v Automatic 10096 waiver of water and wastewater impact fens up to $55.000 or
equivalent to two 6-inch meters for each commercial, industrial, mixed-use or
community facility development project:whichever ioless.
b If the »n4oc\ requests on impact fee waiver exceeding $55.000 or requesting m
waiver for larger and/or more than two 6-inch meter exceeding$55,000,then City
Council approval is required. Applicant may request the ouUxiuna| amount of
impact fee waiver through the Planning and Development Department.
V. RELEASE OF CITY LIENS
A. sL/m|gLE RECIPIENTS/PROPERTIES
|. Project must bo located inaNEZ.
2 City Council shall determine onmooseb+oamm basis whether that will
contain or contains a liquor store or package store is eligible to receive a release of
City liens.
D. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order
to be considered"eligible"to apply for release of city liens under this Policy,the
Woodhaven Community Development Corporation and the Woodhaven
Neighborhood Association must have submitted a letter of support for the Project to
the City ofFort Worth.
4. Projects to he constructed on property to be purchased under contract for deed are
not eligible for any release o(City Liens.
Adopted—May 2|.2Vl] 14
5. In order for to be to apply for a release ofcity
mmo contained in Section V.B. C.. D, and E. for a Pn4ect, the property
mwnonuevelo :
o. must submit mn application to the City;
x� must not be delinquent in paying property taxes for any property owned by the
owner/developer;
c must not have been subject to a mo||Ving Standards Commission's Order of
Demolition where the property was demolished within the last five(5)years;
d. must not have any City of Fort Worth liens mod against any other property owned
by the applicant property ownevUeve|opor. "Liens"inc|udes, but is not limited to,
weed liens,demolition |i*ns, board-up/open structure liens and paving liens;and
eofaProject that contains o,will contain m liquor store, package store orasexually
oriented business has received City Council's determination the Project is eligible
to receive o release nf City liens.
6. \n order for a Rehabilitation Project to qualify for a release of city liens, the
uwner/Vove|npermost spend B|g|Ma Rehabilitation onms on the Property of at|000t
3u96of the Base Value of the Property.
Pro P
,lfv ItQr Formatted:Indent;Left; 36 pt,
| 78. Liens listed in this Policy shall be released once the Project Improvements have
been made to the property.
| #9,. Any liens filed after the initial certification of the property shall not be released.
B. WEED LIENS
The following are eligible 0o apply for release of weed liens:
1 Single unit owners performing rehabilitation un their properties.
2. Builders or developers constructing now homes on vacant lots,
1 Owners performing rehabilitation on multi-family, commercial, industrial, mixed-use,
or community facility properties.
4� Developers constructing new multi-family, oommermia|, mduotna|, mixed-use or
community facility development projects.
C. DEMOLITION LIENS
Builders or developers developing or rehabilitating for pm}ax are eligible to
apply for m\oaae of demolition liens for up to $30,000. Ro|ouoeo of demolition liens in
excess nf$30.DOO are subject ho City Council approval.
D. BOARc-uP/OPEm STRUCTURE LIENS
The following are eligible to apply for release of board-up/open structure liens:
1. Single unit owners performing rehabilitation on their properties.
Adopted—May 2}.20|} 15
2. Buildmmdmm|opersmnstructingnowoing|mfamilyhomesonvacaotlots.
3 Owners performing rehabilitation on multi-family, *ummomiei |ndunmu|, mixed-use,
m community facility properties.
4� Dovo}upom constructing muN1am|ly, oommmnda\, induotria|, mixod-uon, or
community facility projects.
E. PAVING LIENS
The following are eligible(o apply for release of paving|ieno�
1 Single unit owners performing rehabilitation un their properties.
a Builders or developers constructing new homes on vacant lots.
3. Owners performing rehabilitation un mu\h4omily. oummeroia|. industrial, mixmd-uoo,
or community facility properties.
4. Developers constructing muUi-tamUy, commo,cia|, mUuxNu|, mixed-use, or
community facility pmjeots-
F. All other City liens will not be waived.
— PROCEDURALSTEPS
A. APPLICATION SUBMISSION
1. The applicant for NEZincenives under Sections Ui |V,, and V. must complete and
submit o City o(Fort Worth"Application for NEZ Incentives"and pay the appropriate
application fee vothe Planning and Development Department,aoapplicable.
2. The applicant for incentives under Sections |||.C2 and D2 must also complete and
submit a City ofFort Worth"Application for Tax Abatement"and pay the appropriate
application hem to the Housing and Economic Oaxa|opmon, Department- The
application A*e, ev|ew, evaluation and approval will be governed by City of Fort
Worth Tax Abatement Policy Statement for Qualifying Development Projects.
3. All NEZ certifications for incentives will expire after five years.
4 NEZ benefits will continue for certified projects (10) eighteen months ehor a mEZ is
terminated u,the NEZ boundary changed.
B. CERTIFICATIONS FOR APPLICATIONS UNDER SECTIONS Ill.IV,AND V
1. The Planning and Development Department will review the application for accuracy
and completeness.A complete application must include proof that:
1 The Project is located inaNEZ;
2. The Public NuUfication Process has been completed ax otm1ad in section |X;
3. The project iuin compliance with the adopted wEZp|an�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
Adopted—May 2l.2O|J 10
n eligibility to receive tax abatements and/or basic incentives based on
the criteria set forth in Section U| IV.,and`/o*this policy,as applicable. Once an
appliGant'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:
e. Housing and Economic Devenynmrk Department: property tax abatement for
residential properties and multi-family development projects, release of City liens.
b. Housing and Economic Development Department: property tam abatement for
commercial, industrial,community facilities or mixed-use development projects.
c Planning and Development Department: development fee waivers and m|oam*of
City liens.
d. Water Department:impact fee waivers.
e Other appropriate departments,i(applicable,
C. APPLICATION REVIEW AND EVALUATION FOR APPLICATIONS
1. Property Tax Abatement for Residential Properties and Multi-family Development
Projects
a. For a completed and certified application for no more than five yomm of tax
abatement, with Council approval, the Qty Manager shall execute e tax
abatement agreement with the applicant.
h For e vnmp|n/od and certified multi-family development pnjoo/ application for
more than five years of tax abatement:
(1) The Housing and Economic Development Department will ovo|uodo u
completed and certified application based on:
(a)The project's increase io the value vf the tax base.
(V) Costs»o the City(such aa infrastructure participation,etr).
(c) Percent ov construction contracts committed to:
(i) Fort Worth based finno.and
(ii) Minority and Women Owned Business Enterprises(MNVBEm)
(d) Other items which the City and the applicant may negotiate.
(3) Consideration hy the City Council
The City Council retains sole authority to approve or deny any tax abatement
agreement and is undo, 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 n/value to any applicant.
u, Effective Date for Approved Agreements
All tax abatements approved by the City Council will become effective on
January nr the year following the year in which a Certificate n(Occupancy(C0)
io issued for the qualifying development otherwise apeuifiodinthe
tax abatement agmamen0 Unless otherwise specified in the agreement, taxes
levied during the construction of the project shall bo due and payable.
2 Property Tex Abatement for Commercial, \nduouim|. Community FeoUineo. and
Mixed-Use Development Projects
Adopted—May 2|,2O\} 17
o. For o completed and oemifioU mpp||oehon for no more than five years of tax
abatement, with Council approval, the City Manager shall execute u tax
abatement agreement with the applicant.
b For a completed and certified application for more than five years of tax
abatement:
(1) The Housing and Economic Development Department will evaluate a
completed and certified application based on:
(u) The project's increase|n the value n/the tax base.
(b) Costs to the City(such au infrastructure participation, eto)
(* Percent of construction contracts committed to:
(i) Fort Worth based firms,and
(ii) Minority and Women owned Business Enterprises(NxAJBEo).
(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|n any amount or value tu any applicant.
n. Effective Date for Approved Agreements
All tax abatements approved by the City Council will become effective on
January of the year following the year in which a Certificate oy Occupancy (C0)
is|omueg for the qualifying development otherwise opao|fieg in the
tax abatement ogremmenV Unless otherwise specified in the agreement, taxes
levied during the construction uf the project shall bo due and payable.
3. Development Fee Waivers
u For certified applications uf development fee waivers that do not require Council
approval, the Planning and Development Department will review the oehifiod
applicant's application and grant appropriate incentives.
U. For certified applications of development fee waivers that require Council
approval, City staff will review the certified applicant's application and make
appropriate recommendations Vu the City Council.
4 Impact Fee Waiver
o. For certified applications of impact h»o waivers that do not require Council
eppmvo|. the Water Department will review the certified applicant's application
and grant appropriate incentives.
b For certified applications of impact fee waivers that require Council approval, the
Water Department will review the certified applicant's application and make
appropriate recommendations N the City Council.
n Release n/City Liens
Adopted—May 2\'2O|3 18
For certified applications of release of City Uenn, the Housing and Economic
Development Department will release the appropriate liens on wEZ tax oUemnmnt
applicants.The Planning& Development Department will release liens on NEZbmoio
incentives applicants.
VII. REFUND POLICY
rder for an ownerldeveloper of a Project in a NEZ to receive a refund of development
fees or impact fees, the conditions set forth in the Refund of Development and Impact
Fee Policy,attached ou Attachment'Y\''.must busatisfied.
Vm. OTHER INCENTIVES
A. The City Council may add the following incentives to wEZ in the Resolution adopting
theNEz:
1. Municipal sales tax refund
2. Humebuyorm000imanoo
3. Gap financing
4. Land assembly
5. Conveyance of tax foreclosure properties
O. Infrastructure improvements
T Support for Low Income Housing Tax Credit(L|HTC)applications
O, Land use incentives and zoning/building code oxampd|uno, mg., mixnd'uoe, density
bonus,parking exemption
9 Tax Increment Financing <T|F>
1D.Public Improvement District(P|D)
11.Tax-exempt bond financing
12. New Model Blocks
13.Loan guarantees
14.Equity investments
15,Other incentives that will effectuate the intent and purposes ofmsZ.
|X. Public Notification
e. Subject to oubueo\k»n (b), in order for an owner/developer Uo apply Uareceive any
incentives provided for under the NEZ Tax Abatement Policy and Basic |nuentiveo,
on 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 amouo|mhnnn or community based organizations registered
with the city that are within 300 feet of the proposed Project. The
measurement ofthe distance between the proposed project and Neighborhood
Associations or Community Based Organizations mho|| be along the property
lines of the street fronts and from front door to front door, and in direct line
across the intersoctionn
b. Subsection (a) shall bosatisfied upon:
1. the owner/developer meeting with the City Council Member for the District the
Project is located and the neighborhood associations or community based
organizations registered with the city that are within 300 feet of the proposed
Project-,or
Adopted—May 2i.2VB 19
�
2. meeting with the City Council Member for the District the Project is located and
upon the owner/developer providing proof that the owner/developer attempted
to meet with the neighborhood associations and the community based
organizations registered with the city within 300 feet of where the proposed
Project is located and the associations or organizations failed to arrange a
meeting with the owner/developer within two weeks of initial contact.
c. Accepted proof of "attempts to meet" with the registered organizations will be
satisfied with the following:
1. a copy of certified letter sent to the registered organization describing the
project and requesting e meeting and the green card from the post offino� or
2. a copy of the e-mail sent to the registered organization describing the project
and requesting o meeting and the response from the organization.
X.
The following Projects or Businesses oxaU not be eligible for any incentives under the City' of
Fort Worth's Neighborhood Empowerment Zone (NEZ) Tux Abatement Policy and Basic
Incentives:
1. Sexually Oriented Businesses
2.Non-residential mobile structures
MI. Denied Applications
a. NEZ applications will be denied 3O days after submission if all required
documentation im not received by the City,
b, The applicant will have 80 days after the date of denial to resubmit the NE%
application without paying e new application fee.
Adopted—May 21,20)3 20
ATTACHMENT
REFUND OF DEVELOPMENT AND IMPACT FEES POLICY
Purpose
This refund policy is for the purpose of establishing the conditions under which the City
may refund development and impact fees, normally waived through the Neighborhood
Empowerment Zone(NEZ).
Applicability
Unless expressly accepted, this policy applies to all development and impact fees
waived by the City through the NEZ.
Under the NEZ Tax Abatement Policy and Basic Incentives, City Departments are
authorized to waive impact and development fees for qualified projects located in a
designated NEZ. The impact fees include only water and sewer impact fees, up to
$55,000 for commercial, industrial, mixed-use or community facilities projects. The
development fees that can be waived through the NEZinclude-
1. All building permit fees(including Plans Review and Inspections)
2 Plat application fee(including concept p|an, preliminary p|ot, final p|at, short form
pap|at)
3. Board of Adjustment application fee
4. Demolition fee
5. Structure moving fee
6. Community Facilities Agreement(CFA) application fee
7. Zoning application fee
O- Street and utility easement vacation application fee.
To take advantage of these waivers, applicants need to obtain a certification letter from
the Planning and Development Department.
Conditions for Refunds
The City will consider refunds only when circumstances beyond the developers control
prevent them from obtaining the qualification letter from the Planning and Development
Department.
A property owner and/or developer may qualify for o refund if the proposed
development project meets all criteria to receive a fee waiver under the NEZ Tax
Abatement and Basic Incentives Policy and:
a The owner and/or developer was not made aware of the NEZ incentives at the
time the fees were paid; or
b. The owner and/or developer was mistakenly told that his/her property was not in
e designated NEZ; nr
Adopted—May Z|,20l3 21
o. The owner and/or developer has put funds inan escrow account with aCity
Department while awaiting a decision from the City Council about his/her project;
or
d. City Council authorizes a City Department to issue o refund hnUhe
owner/developer.
Refund Charge
A refund charge will be assessed to help defray administration cost associated with the
processing of refund check.The charge shall be2O% nf the amount of the refund. This
charge will be automatically deducted from the total refund amount.
Statute of Limitations
Any request, action or proceeding concerning the refund of fees normally waived
through the NEZ must be filed within ninety days following the date that the fees were
paid-An applicant who does not submit a refund request within 9U days ofthe
transaction shall not qualify for arefund,
To obtain o refund the applicant needs tn�
• submit aNEZ application to the Planning and Development Department for
determination of the eligibility for NEZ fee waivers, and
• submit a written request to the Department in which the fees were paid. Upon
receiving a confirmation from the Planning and Development Department that the
project meets all NEZ fee waiver criteria, that Department shall process the request
based un the qualifications discussed in this policy.
Exemptions
The provisions of this policy dn not apply to:
o. Fees that are not waived through the NEZpmgram� and
b. Taxes and special assessments; and
o. City liens such oo mowing, bomrd'up. trash, demolition and paving liens.
An applicant shall not qualify for any refund if:
a. The applicant was made aware uf the NEZ incentives before he/she pays the
fees-, or
b. The applicant does not meet the requirements for NEZ incentives sd the time
he/she paid the feeo� nr
o. The applicant paid the fees before the refund policy was put in place; or
d. The applicant paid the fees before the designation date of the NEZ.
Disclaimer
In the event of any conflict between the City's ordinances or regulations and this policy,
such ordinances or regulations shall control. |n the event of any conflict between this
Adopted—May Zl.20l} 22
policy and other policies or regulations adopted by the City Department issuing the
refund, such department policies or regulations shall control. The City reserves the right
hn deny any or all request for refunds.
Adopted-May 2l,20l] 23
City of Fort Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, May 21, 2013 REFERENCE NO.: G-17901
LOG NAME: 17NEZTAXABATEMENTPOLICY
SUBJECT:
Adopt Resolution Establishing a Neighborhood Empowerment Zone Tax Abatement Policy and Basic
Incentives (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution:
1. Stating that the City elects to be eligible to participate in property tax abatement pursuant to the Texas
Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Property Tax Code, for areas
located in Neighborhood Empowerment Zones; and
2. Establishing a Neighborhood Empowerment Zone Tax Abatement Policy Statement including guidelines
and criteria governing property tax abatements in a Neighborhood Empowerment Zone in the City of Fort
Worth.
DISCUSSION:
Chapter 312 of the Texas Property Tax Code authorizes cities to designate Tax Abatement Reinvestment
Zones and to enter into tax abatement Agreements only after the City elects to become eligible to
participate in tax abatement and adopts a policy that establishes guidelines and criteria to govern its tax
abatement program. A policy adopted by a city is effective for two years from the date of adoption.
The City's Neighborhood Empowerment Zone (NEZ)Tax Abatement Policy and Basic Incentives expired
on May 18, 2013. If the proposed Resolution is approved, the new Policy will be effective May 21, 2013
through May 21, 2015 unless amended at an earlier date or repealed by a vote of at least three-fourths of
the members of the City Council thereby, permitting the City to enter into tax abatement Agreements as
authorized by the Texas Tax Code Chapter 312.
The proposed Policy and Basic Incentives includes the following changes presented to Council at the May
7, 2013 Housing and Economic Development Committee meeting:
. Revise the language for certification or tax abatement to require the property and project be in
compliance with the Zoning Classification or the future land use in the Comprehensive Plan.
Staff is recommending adoption of the policy; however the requirement that the project be in compliance
with the Zoning Classification or the future land use in the Comprehensive Plan will not go into effect for
30 days.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will not increase the total
I,ognazne: 17NEZTAXABATEMENTPOLICY Page 1 of 2
appropriations on City funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Cynthia B. Garcia (8187)
Additional Information Contact: Sarah Odle (7316)
Logname: 17NEZTA:XABATEMENTPOLICY Page 2 of 2