HomeMy WebLinkAboutContract 44519 aTy sEcRETARY
CONTRACT NOO..Lj-
TAX ABATEMENT AG NT FOR PROPERTY LOCATED IN
NEIG,HBOR.HOOD EMPOWERMENT ZONE
2 5 Ave C
This TAX ABATEMENT AGREEMENT ("Agree ment"
is entered into and between the
CITY OF FORT WORTH, TEXAS (thee "City"), a hoes rule municipal corporation organized under
the laws of the State of Texas and acting by and through T.M. Higgins, its duly authorized City Manager,
and Axel Alvarez-Tostado ("Owner"), owner of property located at 2915 Ave C, described as the :fast
feet of;dot 10 and the West 10 feet of Lot 11 Block 8, Polytechnic Heights Addition, and Addition dditiori to the
City of Fort Worth, according to the Plat recorded in Volume 63, Page 109, flat Records, Tarrant County,
Texas.
The City Council of the City of Fort Worth ( Council") finds and the City and Owner
hereby agree 'that the fallowing 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 Go "enu-neat Code allows a municipality to create
Neighborhood Empowerment one NEZ if the municipality determines that the creation of'
the zone would promote
(1) The creatlon 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 gone.
B. Chapter 378 of the Texas Local Government Cowie provides that a municipality that creates a
NE ,may enter into agreements abating municipal property taxes on property in the; ore.
C. On July 31, 2001, the City adopted basic incentives for property owners who own property
located in a N Z, stating that the City elects to be cli ible to participate in tax abatement and.
including guidelines and criteria governing tax abatement agreements entered into between
the City and various third parties, titled "FEZ Basic Incentives", these were readopted on
February 5, 2013 (Resolution No. 1 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.
Cowie, as amended eenedeed "Co ee"" .
7
N E. On November , 2012, the City Council adopted Ordinance 1" io. 20488 ("Ordt*nance")
rni
C)
establishing "Neighborhood hborhooed E pow ent Reinvestment Zone No. ,"" City of Fort Worth,
Texas ("Zone"').
Owner owns certain real property located entirely within the Plolyteec "c/Wesleyan N Z and
that is more particularly described in Exhibit T'7 attached hereto and hereby made a part of
this Agreement for all purposes the " reenises" .
t` OFFICIAL
E Tax Abatement with Axel Alvarez-Tosta oCITY SECRETARY
Approved by M&C C-26 37, May, , 2013
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 concern ing the contemplated use of the Premises, the "Appficaflon"),
attached hereto as Exhibit "3" and hereby made a part of this Agreement for all purposes.
I. The City Council finds that the contemplated use of the Premises, the Re wired
Improvements, as defined in Section 1.1, and the terms of'this Agreement are consistent with
encouraging development of the Zone in accordance with the purposes for its creation and
are in compliance with the 'NEZ Incentives, the Ordinance and other applicable laws,
ordinances, rules and regulations.
jo The terms, of this Agreement, and the Premises and Required Improvements, satisfy the
eligibility criteria of the NEZ Incentives.
K Written notice that the City intends to enter into this Agreement, along, with a copy of this
Agreement, has been furnished in the manner prescribed by the Code to the presiding
officers of the Bove rningbodies of each of the taxing units in which the Premises is located.
NOW THEREFORE, the City and Owner, for and in consideration of the terms, and conditions set
forth herein, do hereby contract, covenant and agree as follows-,
1. OWNER'S COVENANTS,
1.1. Real ProveLly 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 1,300 square feet in size and built
to the specifications listed in Exhibit "4", (collectively the "Requi"red Improvements"). Tarrant
Appraisal District must appraise the property (improvements and land) within 10% of$49,600-00.
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
. 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 for Tax Abatement shall not constitute an Event of Default, as defined
in Section 4.1, provided that the conditions in the first sentence of this Section 1.1 are met and the
Required Improvements are used for the purposes and in the manner described in Exhib'it "4".
1.2. Completion Date of R2guired Iffiprovements.
0
Owner certifies,that the Required Improvements will be completed within two years from the
date of Council approval., The abatement will automatically terminate two years after Council
approval if a building permit has not been pulled and a foundation has not been poured, unless
delayed because of force majeure, in which case the two years shall be extended by the number of
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NEZ Tax Abatement with Axel Alvarez-Tostado
Approved by M&C C-2623 7, May 7, 2013
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 ot 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 Prefm*ses.
Owner covenants that the Required Improvements shall be used as the Owner's primary
residence in accordance with the 'NEZ Incentives. In addition, Owner covenants that throughout
the Term, the Required Improvements shall be maintained for the purposes set forth in this
Agreement.
2, ABATEMENT AMOUNTS,TERMS AND CONDITIONS,
Subject to and in accordance with this Agreement, the City hereby grants to Owner a real property
tax abatement of City of Fort Worth-imposed taxes on the Premises for the Required Improvements, as
specifically provided in this Section 2 ("Abatement"). Abatement does not include taxes from other taxing,
entitles.
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 Improvements, over its value on May 7, 2013�,
the year in which both parties executed this Agreement.
If the square footage requirement and the appraised value of the Required Improvements
are less than as provided in Section 1.I of this Agreement, Owner shall not be eligible to receive
any Abatement under this Agreement.
2.2 Increase in Value.
The Abatement shall be I O0 of the increase in value fro m the construction of the
Required Improvements and shall apply only to taxes en .the increase in value of the Premises due
to construction of the Required Improvements. The Abatement shall not apply to taxes on the
land, nor shall the abatement apply to mineral interests.
2.3. Term of Abatement.
The term of'the Abatement ( "Tlerm,") shall begin on January I of the year following the
0 0
calendar year in which the Required Improvement is co mpleted ""Beg Date") and, unless
* -1 9
sooner terminated as herein provided,t, shall end on December 31 immediately preceding the fifth
(5th) anniversary of the Beginning Date.
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2.4 Protests Over Appraisals or Assessments.,
Owner shall have the right to protest and contest any or all appraisals or assessments of the
Premises and/or improvements thereon.
2.5,, Abatement Application Fee.
The City acknowledges receipt from Owner of the required Application fee of $100.00.
The application fee shall not be credited or refunded to Owner or its assigns for any reason.
3. RECORD�-,,AUDITS AND EVALUATION OF MQICI IMPROVEMENTS.
3.1. Inspection of Premises,
Between the execution date of this Agreement and the last day of the Tenn, at any time
during normal office hours throughout the Term and the year following the Term and following
reasonable notice to Owner, the City shall have and Owner shall provide access to the Premises in
order for the City to inspect the Premises and evaluate the Required Improvements to ensure
compliance with the terms and conditions of this Agreement. Owner shall cooperate ft illy with the
City during any such inspection and/or evaluation.
3.2. 'Certification.
Owner shall certify, annually to the City that it is 'in compliance with each applicable ten-n of
this Agreement. The City shall have the right to audit at the City's expense the Required
Improvement with respects, to the specifications listed in Exhibit 'W'. Owner must provide
documentation that Owner is using the Required Improvements as its primary residence
(collectively, the "Records") at any time during the Compliance Auditing'Term in order to determine
compliance with this Agreement. Owner shall make all applicable Records available to the City on
the Premises, or at another location, in the City following reasonable advance notice by the City and
shall otherwise cooperate fully with the City during any audit.
33 Provision of Information.
On or before March I following the end,of every year during the Compliance Auditing Term
and at any other time if requested by the City, Owner shall provide infon-nation and documentation
for the previous year that addresses Owner's compliance with each of the terms and conditions of
this Agreement for that calendar year.
Failure to provide all information within the control of Owner required by this Section
33 shall constitute an Event of Default, as defined .M Section 4.1.
0 A*
3.4 Deternunati on 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 Term and shall notify Owner of such decision and ruling. The actual
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NEZ Tax Abatement with Axel Alvarez-Tostado
Approved by M&C C-26123 7, May 7, 2 013
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 Ten-n.
40 EVENTS OF DEFAULT.
I. Defm* ed.
Unless otherwise specified herein,, Owner shall be in default of this Agreement if(1) Owner
fails to construct the Required Improvements as defined in Section 1.1. (1i) 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/o�r contest of any such ad
valorem real property or tangible personal property taxed (ill) ONE DOES NOT USE THE
PREMISES AS PRIMARY RESIDENCE ONCE THE ABATEMENT BEGINS-, 'or (iv)
OWNER DOES NOT COMPLY WITH CHAPTER 7 AND APPENDIX B OF' THE CODE
OF ORDINANCES OF THE CITY OF FORT WORTH (collectively, each an "Event of
Default").
4020 Notice to Cure.
Subject to Section 5, if the City determines that an Event of Default has occur red, the City
shall provide a written notice, to Owner that describes -the nature of the Event of Default., Owner
shall have sixty (6o), 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 (90) 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.
4.3. Tern fination for Event of Default and P,avment of Liguidated Damn *1
If an Event of Default which is defined in Section 4.1 has not been cured within the time
frame specifically allowed under Section 4.2, the City shall have the right to terminate this
Agreement immediately. Owner acknowledges and agrees that an uncured Event of Default will
(1): harm the City's economic development and redevelopment efforts on the Pren-rises and in the
vicinity of the Premises,- (ii) require unplanned and expensive additional administrative oversight
and involvement by the City; and (iii) otherwise harm the City, and Owner agrees, that the amounts
of actual damages therefrom are speculative in nature and will be difficult or impossible to
ascertain. Therefore,, upon termination of this Agreement for any Event of Default, Owner shall
pay the City, as liquidated damages; all taxes, that were 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 this amount is a reasonable
approximation of actual damages that the City will incur as a result of are uncured Event of Default
and that this Section 4.3 is intended to provide the City with compensation for actual damages and
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NE Z Tax Abatement with Axel Alvarez-,Tostado
Approved by M&C C-26237, May 7, 2013
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is not a penalty. This arnount 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, thi's amount shall be due, Owing and paid 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 (60), days following the of date of termination of
this Agreement, Owner shall also be liable for all penalties and interest on any outstanding amount
at the statutory rate for delinquent taxes, as determined by the Code at the time of the payment of
such penalties and interest ('currently, Section 33.011 of the Code).
14.4. Termination at WHI.
If the City and Owner mutually determine that the development or use of the Premises or the
anticipated Required Improvements are no longer appropriate or feasible, or that a higher or better
use is preferable, the City and Owner may terminate this Agreement in a written format that is
signed by both parties,. In this event, (1) if the Term has commenced, the Tenn shall expire as of the
effective date of'the termination of this Agreement; ('11) there shall be no recapture of any taxes
previously abated; and (iii) neither party shall have any further rights, or obligations hereunder.
01
4,5 Sexual y oriented business& Liguor Stores or Pack#g,e 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 deten-nined in City's sole discretion if the Required Improvements contains or will
contain a liquor store,or package store.
5. EFFECT OF SALE OF PREMISES.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the Required
Improvements as its primary residence or the homeowner's mortgagee which City Council hereby agrees to,
A
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 (i) -the City Council finds that the proposed assignee is
financially capable, of meeting the terms and conditions of this Agreement and (11) the proposed purchaser
agrees in writing to assume all terms and conditions of Owner under this Agreement. Owner may not
otherwise assign, lease or convey any of its rights under this Agreement. Any attempted assignment without
the City, Council's prior consent shall constitute grounds, for termination of this Agreement and the
Abatement granted hereunder following ten (10) calendar days of receipt of written notice from the City to
Owner.
Upon assignment to Owner's, first mortgagee, or to a homebuyer who will use the Required
Improvements as its primary residence or the homeowner's mortgagee, Owner shaH have no further
obfig,ations or duties under, thi,s Agreement. In addition, upon assignment to any other entity with the
written. consent f City Council, Owner shat have no further duty or obi gation under this
s
Agreement.
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NEZ Tax Abatement with Axel Alvarez-Tostado
Approved by M&C C-26237', May 7, 2013
IN NO; EVENT SHA LL THE 'TERM OF THIS AGR,EEMENT' BE EXTENDED IN THE EVENT
OF'A SALE, OR ASSIGNMENT.
THE FAILURE OF OWNER TO SEND THE CITY NOTIFICATION OF THE SALE F' TH E
REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF THIS
AGREEMENT WITH THE NEW OWNER WITHIN 30 DAYS OF THE TRANSFER OF
OWNERSHIP, OF'T'HE REQUIRED IMPROVEMENTS SHALL R-E,SUL1T I-N THEAUTOMATIC
TERMINATION OF THIS AGREEMENT. THE NOTICE, AND EXECUTED, ASSIGNMENT
MUST BE SENT TO THE CITY BY CERTIFIED MAIL OR BY HAND DELIVERY.
60 1 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 ma'l, ircTaid, or by
1 1 , postage p
hand delivery:
City-. and Owner'-.
City of Fort Worth Housing&Economic Development Dept. Axel Alvarez- stado
Attn: City Manag, r Office Attn: Jay Chapa, Director 10740 Many Ola,ks Dr.
10001'n,wolckmofton 10010, Tbrockmorton Fort Worth,Texas 76140
For Worth,Texas 76 102 Fort Worth,Texas 761 Oi2
7, MISCELLANEOUS*
7.1. Bonds
The Required Improvements will not be financed by tax increment bonds. "his Agrcement
is subject to the rights of holder's of outstanding blonds of the Clity.
7.2. Conflicts of Interest.
Neither the Premises, nor any of'the Required Improvements covered by this Agreement are
$-T
owned or leased by any member of the City Council, any member of the City Planning or L I oning
Commission or any member,of the governing body of any taxing units in the Zone.
7.3. Clonflicts Between Documents.
In the event f'any conflict,between the City's zoning ordinances,,or other City ordinances or
regulations, and this Agreement, such ordinances or regulations shall control. In the event of any
conflict between the body of this Agreement and Exhibit "Y', the body of this Agreement shall
control.
7.4. Future A 1c
A portion or all of the Premises and/or Required Improvements may be eligible for
complete or partial exemption from ad, valorem taxes as a result of existing law or future
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NEZ Tax Abatement with Axel Alvarez-Tostado
Approved by M&C C-2612,37, May,7, 2013
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legislation. This Agreement shall not be construed as evidence that such exemptions do not apply
to the Premises and/or Required Improvements.
7.5. City Council Authormation.
This Agreement was authorized by the City Council through approval of Mayor and
Council Communication No. C-26237 on May 7, 2013, which, among other things, authorized the
City Manager to execute this Agreement on behalf'of the City.
7.6. Esjo
,gpel,Curti fiBate.
Aiiy 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 be limited to, statements that
this Agreement is in full force and effect without default or if an Event of Default exists, the nature
of the Event of Default and curative action taken and/or necessary to effect a cure), the remaining
term of this Agreement, the levels and remaining, term of the Abatement in effect, and such other
matters reasonably requested by the party or parties to receive the certificates.
7.7. Owner Stan 0
Owner shall be deemed a proper and necessary party in any litigation questioning or
challenging the validity of this Agreement or any of the underlying laws, ordinances, resolutions or
City Council actions authorizing this Agreement and Owner shall be entitled to intervene in any
such litigation.
7.8. 'Venue and Jurt'sdien"on.
This Agreement shall be construed in accordance with the laws of the State of Texas and
applicable ordinances, rules, regulations or policies of the City. Venue for any action under this
Agreement shall lie in the State District Court of Tarrant County, Texas. This Agreement is
performable in "arrant County,Texas.
7.9. S everabili -
If any provision, of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enf,"orceab�ility of't he remaining provisions shall not in any way be affected or
impaired.
7.10 Headm* gs Nolt Control lie
Headings and titles, used in this Agreement are for reference purposes only and shall not be
deemed a part of'this Agreement.
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NEZ Tax Abatement with Axel Alv,are z-Tostado
Approved by M&C C-26237, May 7, 2013
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7.11. Entireq oIf Agreement.
This Agreement, including any exhibits attached hereto and any, documents incorporated
herein by reference, contains the satire understanding and agreement between the City and Owner,
their assigns and successors in interest, as to the matters, contained herein. Any parr or
contemporaneous oral or written agreement is, hereby declared null and void t o 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 ay he
executed in multiple counterparts, each of which shall be considered an original, but all of which
shall constitute one instrument.
EXECUTE his. day of , 2013,by the City of[Fort Worth, Texas.
CUT Ath 12013, y Axel Alv ez-T stadow
CITY OF'FORT WORTH,- OWNER.
Ar-
w
w
w B y . .. .....
Ferna.nao Costa Axel kfv'a stado
�"
Assistant City Manager Oi
goo
w
4L f
B
•
illar, Kayser
w
it �eeretr . ,.
APPROVED AS TO FORM AND LEGALITY:
9
i
Melinda Ramos
Assistant City Attorney
C C-26237
OF
1
rFORD
I EC I'
Page 9 of I I CITY SECRETARY
NEZ Tax Abatement with Axel Alvarez-Tostad' F
I FTs WORTHI TX
Approved by M C C-26237, May 7, 2013 !j
STATE OF TEXAS
COUNTY OF TA N
BEFORE ME, the undersigned author'ty, on this day personally appeared Fernando
Costa, Assistant City Manag r of the CITY OF FORT WORTH, a municipal corporation,
mown to me to he the person, and officer whose name is subscribed to the foregoing
instrument,t, and acknowledged to me that the earns was the act of the said CITY 01F 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 acct of the said City for the purposes and consideration therein.
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this, ay o f
2013.
���N+fff,,„f
rota�yPublic in an �� �,���' ��� EVONIA DANIELS
MY EXPIRES
the State of TeaSIO
July 10,2013
ff Mf
Notary's Printed Name
STATE OF TEXAS
COUNTY OF TARRANT
1.
BEFORE ME, the undersigned authority, on this day personally appeared Axel
Alvarez-T sta o, known to me to he the person whose name is subscribed to the foregoing
nstrument, and acknowledged to me that he executed the same for the purpose's and
consideration therein expressed, in the capacity therein stated..
GI DES. MY AND AND SEA. F OFFICE this ' of
Notary a lie in and for
the State of'Texas
SAW10M
MY COMMISSRA EXPIRES
° . Naorbff 5,2015
Not y s Pr rated Name ++�
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NEZ,Tax Abatement with Axel Alvarez-Tostad
Approved by M&C C-26237, May 7, 2013
Exhibit i.. NEZ Incentives
Exhibit 2: Property Description
Exhibit 3-. Application: (NEZ) Incentives and Tax Abatement
Exhibit 4: Required Improvements description including kind, number and location
of-the proposed improvements.
Exhibit 5: Site/Ptot Plan
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'NEZ Tax Abatement with Axel Alvarez-Tostado
Approved by M&C C-26237, May 7, 2 013
Exhibit I
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE N,EZ) TAX ABATEMENT POLICY AND BASIC
INCENTIVES
1. GENERAL PURPOSE AND OBJECTIVES
Chapter 378 of the Texas Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone (NEZ) when a "...municipality determines that the creation
of the zone would promote-.
(1) the creation of affordable housing, including manufactured housingi, in the zone,
(2) an increase in econlom,ic 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.71
The City, by adopting the following NEZ Tax Abatement Policy and Basic Incentives, gill
promote aff ordable housing and economic development in Neighborhood Emnplowerrent 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 NE Z shall carry its full term
according to its tax abatement agreement approved by thus City Council.
As mandated by state law, the property tax abatement under this policy applies to, the owners of
real property. Nothing in the policy shall be construed as an obligation by the City of Fort Worth
to approve any tax abatement application.
11. DEFINITIONS
"Abatement or Tax Abatement" means a full or partial exemption from, City of Fort Worth ad
valorem taxes on eligible real and personal property located in a NE Z 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 (1i) 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, wh,ich the Tax Abatement Agreement was executed).
"Affordable Units" means affordable to persons earnt,ng less than 80% Area Median Family
Income (AMFI) as defined by U.S., Department of Housing and Urban Development (HUD), for
single family housing and under 60%AMF1 as defined by HUD for rental and multi-family.
"Base Value"is the value of the Real Property Improvements,,, excluding land,, as determined by
the Tarrant County Appraisal District, during: the year rehabilitation occurs.
"Building Standards Commission" is the commission created under Sec. 7-7T Article IV.,
Minimum Building Standards Code of the Fort Worth, City Code.
Adopted— February 5, 2 013 1.
"Capital Investment" includes only, Real Property Improvements such as new facilities and
structures, site improvements, facility expansion, and facility modernization. Capital Investment
does NOT include land acquisition costs and/or any existing improvements, or personal property
(such as machinery, equipment, and/or supplies and inventory).
"City of Fort Worth Tax Abatement Policy Statemently means the policy adopted by City Council.
"CommerciallIndustrial Development Project" is a development project which proposes to
construct or rehabilitate commercial/industrial facilities on property that is (car meets the
requirements to be) zoned commercial:,, industrial or mixed use as defined by the, City of Fort
Worth Zoning Ordinance.
oil
"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
i
the building used for off-street parking.
li 11
i,nmum; Building Standards Code" is Article IV of the Fort Worth City Code adopted pursuant
to Texas Local Government Codie, Chapters 54 and 214.
"Minority Business Enterprise (MBE)"and "Women Business Enterprise (WBE)"is a minority or
woman owned business, that has received certification as either a certified MBE or certified
WBE by either the North 'Texas Regional Certification Agency (NT RCA) or the Texas
Department of Transportation ( Highway Division.
"Mixed-Usel 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 ent,erta,inment, 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,-us,e 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-familly or mixed use as defined by the City of Fort Worth Zoning
Ordinance.
Is a newly constructed habitable structure improvement requ'
"New Construction" ` inng 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
...................... .............--l-
"Project" means a "Residential Project", "CommerciallIndustrial Development
Project""Community Facility Development Project" "Mixed-Use Development, Project," or a
01 ? y
"Multi-family Development Project.11
"Real Property Improvements" — means a habitable structure as defined by the Fort Worth
Building Code.
"Reinvestment Zone" is an area designated as such by the City of Fort Worth' in accordance
with the Property Redeveloper and Tax Abatement Act codified in Chapter 312 of the 'Texas
Tax Code, or an area designated as an enterprise zone pursuant to the Texas Enterprise Zone
Act, codified in Chapter 2303 of the Texas Government Code.
"Residential Project" — means less than 3 residential units.
Ill. MUNICIPAL PROPERTY TAX ABATEMENTS
A. RESIDENTIAL PROPERTIES LOCATED IN A NEZ- FULL ABATEMENT FOR 5
YEARS
1. For residential property purchased, before NEZ designation, a homeowner shall be
eligible, to apply for a to abatement by meeting the following:
a. Property is owner-occupied and the primary residence of the homeowner prior to
the final NEZ designation. Homeowner shall provide proof of ownership by a
warranty deed, affidavit of heirship, or a probated will, and shall show proof of
primary residence by homestead exempitioln; and
bi. Property is rehabilitated after NEZ designation and City Council approval of the
tax abatement
c. Homeowner most perform Eligible Rehabilitation on the property after NEZ
designation equal to or in excess, of 30%, of the Base Value of the Real Property
Improvements; and
d. Property is not in a tax-delinquent status when the abatement application is
submitted.
2. For residential property purchased after NEZ designation, a homeowner shall be
eligible to apply for a tax abatement by meeting the following*,
a. Real, Property Improvements are constructed or rehabilitated of NEZ
designation and City Council approval of the tax abatement;
bi. Property is owner-occupied and is the primary residence of the homeowner.
Homeowner, shall provide proof of ownership by a warranty deed,, affidavit of
heirship, or a probated will, and shall show proof of primary residence by
homestead exemption;
c. For rehabilitated Real Property Improvements, Eligible Rehabilitation costs on
the Real Property Improvements shall be equal to or in excess of 30% of the
Base Value of the Real Property Improvements. The seller or owner shall provide
the City information to support rehabilitation costs;
I
d. Property is not in a tax-delinquent status, when the abatement application is
submitted; and
Adopted— February 5, 2013 3
...........
e. Property is in conformance with the City of Fort Worth Zoning Ordinance
however, a property use that is legal non-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 of
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*, I
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 the Rleal, Property Improvements;
c. Property is not in a tax-delinquent status when 'the abatement application Is
submitted; and
d. Property is in conformance with the City of Fort Worth Zoning Ordinance.
B. MULTI�-FAMILY DEVELOPMENT PROJECTS LOCATED IN A NEZ
1. 1010%Abatement for 5 years.
If an applicant aoplies for a tax abatement agreement with a term of five years or
less, this section shall applly.,,
Abatements for multi-famliy development projects for up to 5 years, are siubjec,t to
City Council approval. 'The appllilc,ant may apply with the Housing and Economic
Development, Department for such abatement.
In order to be eligible for, a property tax abatement upon completion,f a newly
constructed or rehabilitated multi-family development project in a NEZ must satisfy
the following.-
At least twenty percent (2 %) 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 201% affordability requ,i,rem:ent on a case-by-case basis.
In addition at least 51% of the total units constructed or rehabilitated shall be
compliant with the Americans with Disability Act (AC A) in accordance with
Section 504 of the Rehabilitation Act,, and must be fully accessible and 2% of the
total units constructed,, must be fully accessibile to persons with sensory
impairments; and
(a) For a multi-family development project constructed after NEZ designation, the
project must provide at least five (51) 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 I 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 minimurn
Capital Investment of$200,00,01.
Adopted —February 5, 2 013 4
21. 1%-100% Abatement of C Ad Valorem taxes LIP to 10 years
If an applicant app lies, for a tax abatement ggreement with a term of more than five
years, this section shall a
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 Aareement
Mul,ti-fa,mily projects shall be eligible for 1010% abatement of City ad, valorem taxes
for years one through five of the Tax Abatement Agreement upon the satisfaction of
the folilowing,,,
At least twenty percent (201%) of the total units constructed or rehabilitated shall
be affordable as defined by the U. S. Department of Housing and Urban
Development) and set aside to persons with incomes at, or below eighty percent
(80%) of area median income based on family size. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis. In addition at
least 5% of the total units constructed or rehabilitated shall be compliant with, the
Americans with Disability Act (ACA) 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 senisory, impairments; and
a. For a multi-family development project constructed after NEZ, designation, the
project must provide at least five (5) residential living units OR have a
minimum Capital Investment of$200,000; or
b. For a rehabilitation project, the Real Property Improvements must be
rehabilitated after NEZ designation. Eligible Rehabilitation costs on the Real
Property Improvements shall be at least 30% of the Base Value of the Real
Property Improvements. Such Eligible Rehabilitation costs must, come from
the rehabilitation of at, least five (5) residential living units or a minimum
Capital Investment of$200,000.
Years 6 through 10 of the Tax Abatement�greem,ent
Multi-family projects shall, be eligible for a 1%-100% abatement of City ad valorem
taxes for years six through ten of the Tax Abatement Agreement upon the
satisfaction of the following:
a. At least twenty percent (20%) of the total units constructed or rehabilitated shall
be affordable as defined by the U., S. Department of Housing and Urban
Development) and set aside to persons with incomes at or below eighty percent
(80%) of area median income biased 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. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis; and
Adopted— February 5, 2 013 5
1 For a multi-family development project constructed after NEZ designation, the
project must provide at least five, (5) residential, living units OR have a
minimum Capital Investment of$200,000; or
2. For a rehablilitation project, the Real Property Improvements must be
rehabilitated after NEZ designation. Eligible Rehabilitation costs on the Real
Property Improvements shall be at least 30% of the Base Value of the Real
Property Improvements. Such Eligible Rehabilitation, costs must come from,
the rehabilitation of at least five (5 residential living units or a minimum
Ca,pital Investment of$2,OOtOOO.
b. Any other terms as City Council of the City of Fort Worth, deems appropriatel
including, but not limited to-,
1. utilization of Fort Worth colmpan ins 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
11. 100% Abatement of City Ad Valorem taxes for 5years
If an applicant applies, for a tax abatement,agreement, with, a term of five years or
less thi#
., s section shall a
Abatements for Commercial, Industrial and Community Facilities Development
Projects for up to 5 year's are subject to City Council approval. The applicant may
apply with the Housing and Economic Development Department for such abatement.
In order to be eligible for a property tax abatement, a newly constructed or
rehabilitated commercial/indlustrial and community facilities development project in a
NEZ must satisfy the folilowing.-
a. A commercial, industrial or a community facilities development, project
constructed after NEZ designation must have a minimurn Capital Investment of
$75,000; or
b. For a rehabilitation project, it must be rehabilitated after NEZ, designation. Eligible
Rehabilitation costs on the Real Property Improvements shall be at least 30% of
the Base Value of the Real Property Improvements, or $75,000, whichever is
greater.
,2. 1%-1010% Abatement ofCity,,Ad Valorem taxes gp to10 years
If an applicant applies for a tax abatement aqree,ment with a, term of more than five
this section ars shall app
Adopted— February 5, 2013 6
Abatements agreements for a Commercial, Industrial and Community Facilities
Development projects for up to 10 years are subject to City Council approval. The
applicant may apply with the dousing and, Economic Development Department for
such abatement.
Years 1, throe.gh 5 of the Tax AbatemenLAgreement
Commercial, Industrial and Community Facilities Development projects shall be
elligible for 1010% abatement of City ad valorem taxes for the first five years of the
Tax Abatement Agreement upon the satisfaction of the following-,
a. A, commercial, industrial or a community facilities development project
constructed after NEZ designation must have a minimum Capital Investment of
$751,000, or
b. For a rehabilitation, project, it must be rehabilitated after NZ 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
Commercia,l, Industrial and Community Facilities Development projects shall be
eligible for 1%-100% abatement of City ad valorem taxes for years six through ten of
the Tax Abatement Agreement upon the satisfaction of the following:
a. A commercial, industrial or a community facilities development project
constructed, after N des,ignation must have a minimum Capital
Investment of $75,00oO and must meet the requirements of subsection (c),
below - or
b. For a rehabilitation project, it must be rehabilitated after, N 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 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. commit to hire an agreed upon, percentage of Fort Worth residents�
4. commit to hire an agreed upon percentage of Central City residents;
and
5. landscaping.
Adopted— February 5, 2 013 7
D. MIXED--USE DEVELOPMENT PROJECTS LOCATED IN A NEZ,
Ck
1 100% Abatement of City Ad Valorem taxes for 5 yea,ro
_
If angqplicant applies for a tax abatement agreement with a term of five ve,ors or
less this section shall applT
Abatements for Mixed�-Use Development Projects for up to 5 years are subject to
City Council approval,., -rhe applicant may apply with the Housing and Economic
Development, Department for such abatement.
In order to be elligible 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 more of the total Gross
Floor Area of the project., At least twenty percent (20%) of the total units
constructed or rehablilitated shiall be aifforda:bl:e as defined by the U. S.
Department of Housing and Urban Development) and set aside to persons with
incomies at or below eighty percent (80%) of area median income based on
fam,illy 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 5014 of the Rehabilitation Act,, and, must be fully accessible and 2%
of the total units constructed must be fully accessible to persons with sensory
impairments; and
b. Office, eating and entertainment, and/or retail sales and service uses in the
project constitute 10 percent or more of the total Gross Floor Area of'the project;
and
mixed-use development project constructed after ICE?' designation must
have a minimum Capital Investment of$200,000; or
(2) For a rehabilitation project, it must be rehablilitated 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
$1200,,000, whichever is greater.
2. 1%-100% Abatement of City Valorem taxes up to 10 oars
If an applicant ap-plies for a tax abate ment-_ggreement with a term of more than five
years, -this section shall a
,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 Abatem�ent�greem,ent
Mixed Use Development projects shall, be eligible for 100% abatement of City and
valorem taxes for the first five years of the Tax Abatement Agreement upon the
satisfaction of the following-,
Adopted— February 51, 2013 8
...................
a. Residential uses in the project constitute 2,0 percent o�r more of the total Gross
Floor Area of the project. At least twenty percent (20%) of the total units,
constructed or rehabilitated shall be affordable (as: defined by the U. S.
Department of Housing and Urban Development) and set aside to persons with
incomes at or below eighty percent (80%,) of area median income based, on
family size. In addition at least 5% of the total units constructed or rehabilitated
shall be compliant with the Americans with Disability Act (A DA) in accordance
with Section 5014, of the Rehabilitation Act, and must be fully accessible and 2%
of the total units constructed must be fully acce�s,sibile to persons with sensory
i,miplai,rmienits-� and
I
b. Office, eating and entertainment, end,or retail sales and service uses in the
project constitute 10 percent or more of the total Gross Floor Area of the pirojlect;
and
c. A new mixed-use development project constructed after NEZ d,es,igna,tion must
have a minimum Capital Investment of $200,000; or for a rehabilitation project, it
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 $200,000, whichever is greater.
Years 6 thro_e gh 10 of the Tax Abatement reemenit,
Mixed Use Development projects shal,l be eligible for 1-100% abatement of City ad
valorem taxes for years six 'through ten of the Tax Abatement Agreement upon the
satisfaction of the following*.
a. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project; At least twenty percent (20%) of the total units
constructed or rehabilitated shall be affordable (as defined by the U. S.
Department of Housing and Urban Development) and set aside to persons with
'incomes at or below eighty percent (80%) of area median income based on
family size. In addition at least 5:% of the total units: constructed or rehabilitated
shall be compliant with the Americans with Disability Act (ADA,) in accordance
with Section 504 of the Rehabilitation Act, and must be 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 Capi,tail Investment of $200,01001; or for as rehabilitation project, it
must be rehabilitated after N,EZ designation. Eligible Rehabilitation costs on the
Real Property Improvements shall be at least 30% of the Base Va:lue 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, 20 131 91
1. u,ti:li:za,ti,on of Fort Worth companies for an agreed upon percentage of the
total costs for construction contracts*
2. utilization of certified minority and women owned business enterprises for
an agreed upon percentage of the total costs for construction contracts,
3. property inspection;
4. commit to hire an, agreed upon percentage of Fort Worth residents
5. commit to hire an agreed upon percentage of Central City residents
6. landscaping;
7. tenant selection plans; and
8. management plans.
E. ABATEMENT GUIDELINES
1. If a NEZ is located in a, Tax Increment Financing District, City Council, will determine
on a case-by-case basis if the tax abatement incentives in Section Ill will be offered
to eligible Projects. Eligible Projects must, meet all eligibility requirements specified
in Section 111.
2. A tax abatement shall not be granted for any development project in wh ich a
building permit application, excluding grading and/or demolition, has been filed with,
the City's Planning and Development Department. In additioln, the City will not abate
taxes on the value of real or personal property for any period of time prior to the year
of execution of'a Tax Abatement Agreement with, the City.
3. If a Project is located, in the Woodhaven Neighborhood Empowerment, Zone, in
it
order to be considered &A eligible to apply for a tax abatement under this Policy, the
Woodhaven Community Development Corporation and the Woodhaven
Neighborhood Association must have submitted a letter of support for the Project to
the City of Fort Worth
4. Tax Abatements for a new construction project will automatically terminate two
years, after Council, approval of the tax abatement if a building permit has not been,
pulled and a foundation has not been poured.
5. Tax Abatements for a rehabilitation project will automatically terminate two years
after Council approval of the tax abatement if the project is not complete.
6. In order to be eligible to apply for a tax abatement, the property owner/developer
must*.
a. Not be delinquent in paying property taxes for any property owned by the
owner/developer, except, that an owner/developer may enter into a tax
abatement agreement with the city of Fort Worth for a specific Project if:
1. the Project meets NEZ tax abatement criteria; and
2. the applicant is not responsible for the tax delinquency for the Property* and
3. the applicant enters into an agreement to pay off the taxes under the
guidelines permitted under state law; and
4. the, tax abatement shall provide that the agreement shall take effect after the
delinquent taxes are paid in full
Adopted— February 5, 2013 10
b. Not have any City of Fort Worth liens filed against, any property, owned by the
applicant property owner/developer. "Liens" include, but are not l�imilted to,, weed
liens, demolition liens, board-up/open structure liens and paving liens.
7. Projects to be constructed on property to, ble purchased under a contract for deeld
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 111.A, E.1. and E.2. and applies for an
abatement, a property owner may enter into a tax abatement agreement with the City
I I i
of Fort Worth. The tax abatement agreement shall, automatically, terminate I f the
property subject to the tax abatement agreement is in violation of the City of Fort
Worth's Minimum Building Standards Code ands the owner is convicted of such
violation.
9. A tax abatement granted under the criteria set forth in Section III. can only be granted
once for a property in a NEZ for a maximum term of as specified, in the agreement. If
a property on which tax is being ablated is sold, the City may assign the tax
abatement agreement for the remaining term once the new owner submits an
application, so long as the new owner complies, with all of the terms of the tax
abatement agreeme,nt.8 A property owner/developerl of a multifamily development,
commercial I industrial, community facilities and mixed-use development project in
the NEZ who desires a tax abatement, under Sections 1111.13, C or D must*.
a. Satisfy the criteria set forth in Sections 1111.13, C or D, as applicable, and Sections
I II.E.1 E.2; and E3. and
b. File an application with the Housing and Economic Development Department, as
applicable; and
c. The property owner must enter into a tax abatement agrelelment 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' F'ort 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 N 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 yearn in which the default occurred
or continued.
11. The terms of the agreement shall 'Include the City of Fort Worth Is right, to: (1) review
and verify the applicant's financial statements in, each year during the life of the
agreement prior to granting a tax abatement in any given year, (2) conduct an on site
inspection of the project in each year during the life of the abatement to verify
compliance with the terms of the tax abatement agreement, (3) terminate the
agreement if the Project contains, or will contain a sexually oriented business (4
terminate the agreement, as determined in City's sole discretion, if the Project
contains or will contain a liquor store or package store.
Adopted—February 5, 2013
........................
12. Upon completion of construction of' the facilities, the City shall no less than a,nnualily
evaluate each project receiving abatement to insure compliance with the terms of the
agreement. Any incidents of non-com plian will be reported to the City Counciil.
On or before February 1st of every year during the life of the agreement, any
individual or entity receiving a tax abatement from the City of Fort Worth shall
provide information and documentation which details the property owner's
compliance with, the terms of the respective agreement and shall certify that the
owner is in compliance with each applicable term of the agreement. Failure to report,
this information and to provide the required certification by the above deadline shall
result in cancellation of agreement and any taxes ablated in the prior year being due
and payable.
13. If la, property in the N on wh,ich, 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 a,g,reemenit, and recapture of any
taxes abated after the date on which an unspecified assignment occurred.
F. APPLICATION FEE
1. An application fee of'$25.00 for all basic incentives, excluding tax abatements,.
2. The application fee for residential tax abatements governed under Section III.A is
$100.
3. The application fee for multi-family, commercial, industrial, communiity facilities and
milxed-use development projects governed under Sections III.B., C. and D., is one-
half of one percent (0.5,%) of the proposed Project's Caplital Investment, with a $200
minimum not to exceed $2,000. The Application Fee shall not be credited or
refunded to any party for any reason.
IV. FEE WAIVERS
A. ELIGIBLE RECIPIENTSMIROPERTIES
1. City Council shall determine on a case-bly-case basis whether a Project that will
contain or contains a liquor store or package store is eligible to apply for a fee:
waiver.
2. If a Project is located in the Woodhaven Neighborhood Empowerment ,Zone,l in order
to be considered "elligiblel": to apply for a fee waiver under this Policy, the Woodhaven
Community Development Corporation and the, Woodhaven Neighborhood
Association must have submitted a letter of support for the Project to the City of Fort
Worth—however, once the N 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 developer to be eligible to apply for fee, waivers for a
Project, the property owner/developer:
Adopted– February 5, 2013 12
a. must bmit an application to the City,
b. must not be del inl quent in paying property taxes for any propert owne d by the
Y
ownier/developer or applicant,
c. must not have any City liens filed against any property owned by the applicant
property owner/developer, including but not limited to, weed liens, demolition
liens, board-up/open structure liens, and pavin i liens; and,
d. of a, Project that will contain or contains a li r store, package store or a sexually
oriented business has received City Council's determination that the Project is
elligible to apply for fee waivers.,
Approval of the ap,pli,catilon and waiver of the fees, sihall not be deemed to be
approval of any aspect of thre Prolect. Before construction, the applicant must
ensure that the proiect is localed in the correct zoniing district.
R, DEVELOPMENT FEES
11. 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
30% of the! Base Value of the Real Property Improvements on Eligible Rehabillitation
costs:
a) All Building Permli related, Fees (including Plans Revie and Inspections) except as
stated in IV B. 2. below
b) Plat Application Fee (including Concept, Ran, Preliminary Plat,, Final, Plat, Short Form,
Replat'),
c) Board of Adjustment Application Fee
d) Demolition fee
e) Structure Moving Fee
f) Community Facilities Agreement (CFA)Application Fee
g) Zoning Application Fee
h), Street and Utility Easement Vacation Application Fee
i) Ordinance Inspection Fees
j) Consent/Encroa ent Agreement Application Fees,
k) Transportation Impact Fees
1) Urban Forestry Application Fees
m) Sign Permit Fees
2,. If a permit or application listed in B (11i), is expired,, the fee to reactivate, rene r reapply
shall not be waived. In addition, penalties, and extension fees, or re-permiffing fees will
not be waived.
31. Neighborhood, Empowerment Zone Fees, not waived or reduced-.
a.,) Investigation Fees
bi.) Plan Revis,ioln Fees,
C. Change of' Record Fees
d.) Inspection outside of normal bus,iness hours Reinspection Fee
e.) Annual Fire Inspection Fees
Adopted— Fe ary 5,, 2 013 13
A. ,Other development related fees not specified above will be considered for approval by
4, U
City Council on a case-by-case basis.,
C. IMPACT FEES
1. Single family and multi-family residential development projects in the NEZ.
Automatic 100% waiver of water and wastewater impact fees will be applied.
2. Commercial, industrial, mixed-use, or community fa,ciliity development projects in the
NEZ.
a. Automatic 100% 'waiver of water and wastewater impact fees, up to $55,0100 or
equivalent to two 6,-inch meters for each commercial, industrial, mixed-use or
community facility development pro sect whichever is less.
I
b:. If the project requests an impact fee waiver exceeding $55,000 or requesting a
waiver for larger and/or more than two 6-inch meter exceeding $55,000, then City
Council approval is required. Applicant may request the additional amount of
I additional
impact,fee waiver th,ro:ugh the Planning and Development Department.
V. RELEASE OF CITY LIENS
A. ELIGIBLE RECIPIIENTSIPROPERTIES
1. Project must be located in a NEZ.
2. City Council shall determine on a case-by-case basis whether a Project that will
contain or contains a liquor store, or package store is eligible to receive a release of
City liens,.
3. If a Project is located in the Woodhaven Neighborhood Empowerment Zone,? in order
to be, clonsiidered eligible" to apply for release of city liens under this Policy, the
Woodhaven Community Development Corporation and the Woodhaven
Neighborhood Ass ciatieni must, have submitted a, letter of support for the Project to
the C,ity of Fort Worth.
4. Projects to be constructed on property to be purchased under a contract for deed are
not eligible for any release of City Liens.
5. In order for a property owner/developer to be eligible to apply for a release of city
liens contained in Section v.B., C.,, D., and E. for a Project,, the prope y
owner/developer:
a. must submit an application to the City;
b. roust not be delinquent in paying property taxes for any property owned by the
owner/developer,
c. must not have been subject to a Building Standards Commiss,io:n's Order of
Demolliti 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 owner/develolper. "Liens" includes, but is not limited to,
weed liens, demolition liens,, hoard-up/open structure liens and paving liens; and
Adopted— Febmary 5,, 2013 14
e. of a Project that conta,ins, or will contain a liquor store, package store or a sexually
oriented business has received City Cou�nc,il�'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/developer 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 liens.-
1. Single unit owners performing rehabilitation on their properties.
2. Builders or developers, construct,'ing 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-famil�y, commercial, industrial, mixed-use or,
community facility development projects.
C. DEMOLITION LIENS
Builders or developers developing or rehabilitating a property for a, Project are eligible to
apply for release of demolition liens: for up to $30,000. Releases, of demolition liens in
excess of $30,,000 are subject to City Council approval.,
Dl* BOARD-UP/0PEN STRUCTURE LIENS
The following are eligible to apply for release of board-up/open structure liens:
1. Single unit owners performing rehabilitation on their properties.
2. Builders or developers constructing new single family homes on vacant lots.
I Owners performing rehabilitation on multi-family, commlercial, '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:
11. 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, colmrnerciali,, industrial, mixed-use,
or community facility properties.
Adopted— February 5, 2 013 15
A
4 Developers constructing multi-family, commercial, industrial, mixed-use, or
community facility projects.
F. All other City liens will not be wanted.
V1. PROCEDURAL, STE�PS
A. APPLICATION SUBMISSION
1. The applicant for NEZ incentives under Sections Ill., IV., and V. must complete and
submit a City of Fort Worth "Appl�ica,tioln for NEZ Incentives" and pay the appropriate
application, fee to the Pl'an,ning! and Development Department, as applicable.
i
2. The applicant for incentives under Sections Ill.C.2 and D.2 must also complete and
submit, a City of Fort Worth "Appilication for Tax Abatement" and pay the appropriate
application fee to the Housing and Economic Development, Department. The
application fee, review, evaluation and approval will be governed by City of Fort
Worth Tax Abatement Policy Statement for Qualifying Development Projects.
3. All NEZ certifications,for incentives will expire after five years.,
4. NE,Z benefits will continue for certified projects (18) eighteen months, after a NEZ, Is
terminated or the NEZ boundary changed.
B. CERTIFICATIONS FOR APPLICATIONS UNDER SECTIONS III. IV, AND V
1., The Pilanning and Development Department will review the application, for accuracy
and completeness. A complete application must include proof that:
1. The Project is located in a NEZ;
2. The Public Notification Process has been completed as stated in section, IX;
3. The project is in compliance with the adopte 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
i
owner/developer's eligibility to receive tax abatements and/or basic incentives based on
the criteria set,forth in Section I I I., IV., and V'., of'this policy, as applicable. Once an
applicant's eligibility is certified, the, Planning and Development Department will inform
appropriate departments administering the incentives. An orientation meeting with City
departments and the applicant may be scheduled. The departments include.
a. Housing and Economic Development Department.- property, tax abatement for
residential properties and multi-family develolpm,ent projects, release of City liens.
b. Housing and Economic Development Department: property tax abatement for
commercial, industrial, community facilities, or mixed-use development projects.,
c., Planning and Development Department-, development fee waivers and release of
City liens.
d. Water Department: impact fee waivers.
e. Other appropriate departments, if applicable.
Adopted— February 5, 2 013 16
C. APPLICATION REVIEW AND EVALUATION FOR APPLICATIONS
i I
1. Property Tax Abatement for Residential Properties and Multi-farnily Development
Projects
a. For a completed and certified application for no more than five years of tax
abatement, with Council appirova�l�, the City Manager all execute a tax
abatement agreement wiith the applicant.
b. For a completed and certified multi-family development project application for
more than five years of tax abatement:
(1) The Housin:g and Economic Development Department wlill evaluate a
completed and certified application based on
(a)The project's increase in the value of'the tax base.
(b) Costs to the City(such as infrastructure participation, etc.).
(c) Percent of construction contracts cornmitted to.-
(1) Fort Worth based firms, and
(ii) Minority and Women Owned Business Enterprises (1M/WBEs).
(d) Other items which the City and the applicant may negotiate.
(3) Consideration by the City Council
The City Council retains sole authority, to approve or dieny 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.,
I
c. Effective Date for Approved Agreements
ill 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 developm�eint project (unless otherwise specified in the
tax abatement" agreement). Unless, otherwise specified in the agreement, taxes,
levied during the construction of the project shall be due and payable.,
2. Property Tax Abatement for Commercial, Industrial, Community Facilities, and
Mi�xed-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 all execute a tax
abatement agreement with the applicant.,
b. For a completed and certified application for moire than five years of tax
abatement,*.
(1 The Housing and Economic Development Department will evaluate a
completed and certified application biased on
(a) The project's increase in the value of the tax base.
(b) Costs to the City(such as infrastructure participation, etc.).
(c) Percent of construction contracts committed to:
(i) Fort Worth based firms, and
(ii) l' in�ority and Women owned Business Enterprises BEs).
Adopted— February 5, 2013 17
(d Other items w ich 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 proi of l(unless otherwise specified in the
tax abatement agreement). Unless otherwise sipecif'ied in the agreement, taxes
levied during the construction of the project shall be due and playable.
31., Development Fee Waivers
a. For certified applications of development fee waivers that do not require Council
approv al, 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, its staff will review the certifield appilican�t"s appilic,atioln, and make
appropriate recommendations to the City Council.
4. Impact Fee Waiver
a. For certified applications, of' impact, fee waivers that do not require Council
app,rova,l, the Water Department will review the certified applicant's application
and grant appropriate incentives.
b. For certified applications of impact fee waivers that require Council approval, the
Water Department will review, the certified applicant's application and make
appropriate recommendations to the City Council,.
5. Release of City Liens
For certified applications of' release of City liens,, the Housing and Economic
Development 'Department will release the appropriate liens on NiEZ tax abatement
applicants. The Planning & Development Department will release liens on NEZ basic
incentives applicants.
will. REFUND POLICY
In order for an ownerldeveloper of a Plrojlect in a N'�EZ to receive a refund of d!evelolpme+ nt
fees or impact fees, the conditions set forth in the Refund of Development and Impact
Fee Policy,, attached as,Attachment"A", must be satisfied.
Vill. OTHER INCENTIVES
A. The City Council may add the following 'incentives to a 1 in the Resolution adopting,
the N EZ:
Adopted—Feb-ruary 5, 2013 18
11. Municipal sales tax refund
2. Homebuyers assistance
3. Gap financing
4. Land assembly
5. Conveyance of tax foreclosure properties
6. Infrastructure improvements
7. Support for Low I!nlcolrne Housing Tax C,redi,t(LIHTC) apipilicati ins.
8. Land use incentives and zoning/building code exemptions, e.g.,1 mixed-use, density
bonus, parking exemption
9. Tax Increment Financing (TIF)i
10. Public Improvement District (PID)
11. Tax-exempt bond financing
12., New Model Blocks
13. Loan guarantees
14. lip ity i!nvestmennts
15. Other incentives that will effectuate the intent and purposes of NEZ.
01
IX. Public Notification
a., Subject to subsection (b)I in order for an owner/developer to apply to receive any
incentives provided for under the NE Z Tax Abatement Policy ands Basic Incentives,
an owner/d+ loper must meet with the fallowing persons and organizations to
discuss the Project,.
1. the Council Member for the District the Project is located and
2. the ne,ighb�orhood associations or community based organizations registered
with the city that are within 300 feet of the proposed Project. The
measurement of the distance between the proposed project and Neighborhood
Associations or Community Based Organizations shall be along the property
lines of the street" fronts and from front door to front door, and in direct line
across the intersections.
b. Subsection (a) shall be satisfied upon:
1. the owner/developer meeting with the pity 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; o
2. meeting with the, City Council Member for the District the Project is located and
upon the owner/developer pros i�d�ing 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 olwner/d�evelolper within two weeks of initia,l contact.
c. Accepted proof of' it attempts to meet,if with the registered organizations will be
satisfied with the following:
1., a copy of a certified letter sent to the reigiisteir d organization describing the
pro*ect and requesting a meeting and the green card from the post office" or
j Y
2. a copy of the e-mail sent to the registered organization describing the project,
and requesting: a meeting and the response from the organization.
Adopted— February 5, 2 013 19
X. Ineligible Projects
The following Projects or Businesses shall not be eligiib�le for any incen�tives under the City' of
Fort Worth's Neighborhood Empowerment Zonle (NEZ) Tax Abatement Policy and Basic
Incentives:
1. Sexually Orlented Businesses
2. Non-residential mobile structures
X1. Denied Applications
a. NEZ applications will be denied 30 day's after submission 'if all required
doiclumenitation is not received by the City.
b. The applicant will have 90 days, after the date of dlenial to resubmit the NEZ,
application without playing a new application fee.
Adopted— February 5, 2 013 20
ATTACHMENT A
REFUND OF DEVELOPMENT AND IMPACT FEES POLICY
Purpose
This refund policy is for the purpose of establishing the conditions under which the City
i 1�
may refund development and impact fees, normally waived through -the Neighborhood
Empowerment Zone (NE,Z).
Appl'icabillity
so .9
Unless expressly accepted, this policy appiies, to all development and impact fees
waived by the City through the 'EZ.
Under the NEZ Tax Abatement Pollicy and Basic Incentives, City Departments are
authorized to waive impact and development fees for ajified: projects located' in a
designated NE Z. The impact fees include only water and sewer impact fees, up, to
$55,000 for commercial, industrial, mixed-use or community facilities projects. The
development fees that can be waived through the NEZ include,-,
1. All, ha�ildin g permit fees (including Plans, Review and Inspections)
2. Plat application fee (including concept, plan, preliminary plat, -final plat, short form
replat)
3. Board of Adjustment application fee
4. Demolition fee
5. Structure moving fee
6. Community Facilities Ag!re,emeint (CAA) application fee
7. Zoning application, fee
8. Street and utility easement vacation application fee.
A-Iry
To take advantage of these waivers, applicants need to obtain a certlTication letter from
the Planning and Development Department.
Condolt'lions for R,eif'unods
The City will' coin,si,dier refunds only when circumstances beyond the developers control
prevent them from obtaining the qualification� letter from the Planning and Develop
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 ando,
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 de el per was mistakenly told that his/her property was not in
a designated NEZ-1 or
Adopted—February 5, 2 Oil 3 21
0"
kll The owner and/or developer has put funds in an escrow account with a City
Department while awaiting a decision from the City Council about his/her project'-
or
d. City Council authorizes, a City Department to issue a refund to the
owner/developer.
Refu Charge
A refund charge will be assessed to help defray adm� inilstr�ation cost associated with the
processing of refund check. The charge shall be 20% of the amount of'the refund. This
charge will be automatically deductedi from the tot refund amount.
Statute of Limitations
IN
Any request,, action or proceeding concerm I nigi, the refund of fees normally waived
through the NEZ must be filed within ninety days following the date that the fees were
paid. An applicant who does not submit a refund request within 90 days of the
transaction shall not qualify for a refund.
To obtain a refund the applicant needs to:
• submit a 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
1
receiving a confirmation from the Planning and Development Department that the
project meelts all NEZ fee waiver criteria, that Department shall process the request
based on the qualifications discussed in this policy.
Exemptions
The provisions of this policy do not apply tow.
a. Feels that are not waived through the NEZ program; and
b. Taxes and special assessments" and
c. City, liens such as mowing, board-up, trash,, demolition and pavin g liens.
An applicant shall not qualify for any refund if'-.
a. The applicant was made aware of the FEZ incentives before he/she pays the
fees; or
b. The applicant does not mleet the requirements for N,EZ incentives at the time
he/she paid the fees, or
c. The applicant paid the fees before the refund policy was put in plaice; 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 poli�c,yl
such ordinances or regulations shall control. In the event of any conflict between this
Adopted- February 5, 20113 2,2
policy and other policies or regulations adopted by the City Department issuing the
refund, such department policies or regulations shall control. The City reserves the right
to deny any or all request for refun�d�s.,
Adopted— February 5, 2013 23
Y'71
t,xhibit
A
P,roper�ty Description
2915 Ave C, described as the East 40 feet of Lot 10 and the West 10 feet of Lot 11, Block 8, Polytechnic
Heights, Addition, and Addition to the City of Fort Worth, according to the Plat recorded in Volume 63,
Page 109, Plat Records, Tarrant County, Texas.
Exhibit 3
FORT WORTH .\pplication No.
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
1-1110JECT CERTIFICATION APPLICA,r,ION
1. VPL,ICXf ION C11 EC K LIST - Please submit the following documentation,
i\ completed application,form
A list of al I properties owned by the appi icant, owner,deve leper,associates, principals, partners, and agents
in the City Fort Worth
Non Refundable Application fee—For all Basic Incentives applications ex eluding'Tax ►blatement the
,ipplication fee Is$25,00. For multifamily,commercial, industrial,commercial facilities.,and mixed-use tax
abatement applications',O�.5%of tile total Capital Investment of the project, with a$200,.00 minimum and
not to exceed$2,0100-00; For residential tax abatement applications: $100.00 per 11OLISe.
Proof'of ownership,such as a warrantv deed, affidavit of heirship,or a probated will OR evidence of'site
control,such as option to buy(A registered warranty deed is, requ,ired for tax abatement application.)
Title abstract of the property(only of applying for release of City liens)
A reduced I I x 17 floor plan.site plan,and site elevation with
a written detailed project description that includes a construction time line
A detailed line item budget showing the cost breakdown f*or the project
Copy of.Incorpo rat ion Papers noting all principals,partners,and agents if applicable
Regvired Meet with the COLIncilmember and Neighborhood&other Organizations representing the NEZ
-is outlined in the Public Notice requirement of.the NEZ Policy and Guidelines revised April 6,200�4 or
I I
al lowed guidelines ot*NEZ Strategic Plan il'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 N. only
INCOMPLETE APPLICATIONS WILL NOT HE PROCESSED FOR CERTIFICATION UNTIL ALL REQUIRED
DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED WITHIN 30 DAYS A,FTER 'THE
APPLICATION IS RECEIVED.
YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING IIIERA1111"S ARE ISSUED FOR YOUR
PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE, TO YOUR PROPER"ry. IT TAKES 60 J'O 90
110SINESS DAYS 'To C'ONIPLETE THE TAX ABATEMENTAGREEMENT APPROVAL PROCESS AFTER THE
ISSUANCE, OF NEZ C'ERTIFICATION DEPENDING ON THE, COMPLEXITY OF YOUR PROJFLT, ALL
BUILDING Pntmrrs MUST BE PULLED WITHIN TI-IE 12 MONT11 PERIOD TIIAT CERTIFICATION WAS
APPROVED., OR WI`1rHIN TtlE 12 MONTH PERIOD THAT'11JETAX ABA,"I"E.MENT WAS APPROVED,OR YOU
WILL BE, REQUIRED TO RE-APPLY FOR NEZ ENCENTIVES.
11'. AP111LICANT AGENT INFORMATION
A I
1. Applicant.- A1,-1111-"C\. tn%Q o- LL 2. ContactPerson-.
3. Address-, owju 146
Street CitV State Zip
4. Phone no.,- 41 Fax No .
60 E mad-.
7. Agent(ir any)
8. Address,-.
street
City State Zi P
9. Phone no,.,-* 10. Fax No.,-.
tt. Email;,
;devised July 12.2-011
FORT WORTH Aprikation No.
PROJECT ELIGIBILITY
1. Please list down the addresses and legal descriptions of the project and other properties your
organization owns in Fort Worth. Attach metes and bounds description if no address or legal
description 'is available. Attach a map showing the location of the project.
Table I Pro eLq Ownershi
11P
JLddress Zip Code Le"I'l crintion
.�Project ocat Subdivision Name of No. Block No.
C. 6,
Other properties owned in the Clity of Fort Worth continue on a separate sheet and attach if necessary,
LC>YAO
U8,
2. For each property listed in Table I, please check the boxes below to indicate I'l;
• there are taxes past due;or
10
• there are C its" liens,,or
• You (meaning the applicant, developer, associates, agents, principals) have been subject to a Buil.dirig
Standards, Color i-nission's Order of Demolition where die property was demolished within the Last five
years.
Table 2 'Property Taxes and City Liens
P roperty City Liens on Property
Address 'Taxes Weed Bo rd-up/Open Demolition Paving Order of
tl
Due Liens Stucture Liens Liens Liens Demolition
Please attach additional sheets of paper as needed.)
If there are taxes due or liens against any property 'in the C y of Fort Worth you mgy not be eligible
for N'EZ 'incentives,
-7 loll
Rxvised July I
F �RT WORTH \pplication No.
3. Do you own other properties under other names? Ll Yes ANo
If Yes, please specify
4. Does the proposed project conform with City of Fort Worth Zoning? Yes El IN o
If no, Miat steps are [wing taken to insure compliance?
.1.
Pry'lect 54 El El El
Type: Si'n,gle Family Multi- Family Commercial Industrial Community Facilities Mixed-Use
Owner Occupied
Rental Prnptrty
61., 111ease describe the proposed residential,or commercial project* e
A
7. If your project is a commerciall industrial,or mixed-use project, plie, redescribe the types of
businesses that are being proposed:
S. Is this,a new construction or rehab project? New Construction [] Rehab
A A &*.
91. How much is the total development cost of your project" Li
i
10. Will the eligible rehablifitation work* equal to at least 30% of the rarrant Appraisal District (IFAD)
1� ] Ye
assessed value of'the striicture duri n ng the year rehabilitatio occurs. L s [:] No
*Eligible rehabilitation includes only physical improvements to real property. It does NOT include:
f 0
"ront yard fencing consisting of chain-link or solid material construction;personal property such as furniture,
3 3
ppliances, equipment, and/or supplies.Total eligible rehatation costs shall equal to or exceed _)0%of the
appraised value of the structure during the year rehabilitation occurs.
11. How much is the to(al square footage of'your,project".1 110 Q_,N square feet
If applying for-a tax abatement please,answer questions,12'—16.If not skipto pa,rtfll lnce'ntives
1.2. For a sin gle-famfly meownership, mixed-use, or multi-familv, development pro'
I _ ho I , iect please fill out
the number of residential, units based on income range of owners or renters in the following table.
Table 3 Number of Residential Units and Income Ran e of Owners or Renters
Numher of Units Percentage
f ncome Rare e-..
> 80%ot'ANIFI*
At or below 80%of AMF1
T tal Units
**,,VMFL Area Median Family Income. Please see attachment fior into rne and housing payment guidelines.
13. For a mulfifamily.-Erpject to be quallified for tax abatement, at least 20% of total units shall be
a ff 0
ordable to families,at or below 80% of'AMFI. Cbeck the box if vou are requesting a waiver of this
requirement. EJ
t4. For a commercial iridustri al or communitv facilities vrpj*vv� indicate square footage of non-
,
residential space.
F 'I't*
Commercial mdu" strial Commun"ty aci i tes
�cluare feet
square feet square 1,Cet
Revised July 12,201 1
FORT WOR L .\ppfication No.
1:5. flow much will be your Capital Investment*,** on the project? Please use the followting table to provide
the details an a,mou,nt of your Capital Investment(Attached additional sheets i,f necessary).
grab 4 Itemized Budget of the Project
Items, Atnoun Notes
Fotal
#**Capital Investment includes only real property improvements such as new facilities and structures, site iniproverricnts, facility
'o,r
,Npansion, and favility modernization. Capital Investment DOES NOT include land acquisition costs and/ iny existing
i n1proveme tits,or personal prope�ny(such as,tnachinery,:equipment,and/or supplies or inventory).
0
16. For a, commercial, Jindustrial, communiq facility or inixed-use prolect, how many employees: will the
Project generate?
17. For a, mixed-use
prjoec,t please 'indicate the percentage of all uses in the project in the following'table.
Table 5 Percentage of Uses in a Mlixed-Use,Project
Type Square Footap,, Percentage,,
Residential
Office
Eating,
F',titertainment
Retail sales,
Se r v r e
Total
111. INCENTIVES Wh.atincentives are you applying for?
Munt'cip ark;fro perty Tax,Abatements
,Nilust provide Final Plat Cabinet and Silide for Tax Abatement Cabinet lido'.
5 wars E] Moire than 5 years
Resident ial owner occupied EResidential Renual Property []Apartments(5 plus units), Commercial
Development Fee Walver'S
All building permit related fees(inciuding
Plans Review and Inspections)
Plat application fee(including concept plan, preitiminary pilat, final platy short form replat)
on fee
Zoning app ficat ion fee Board o'f Ad*Justment app licati
Demolition fee Structure moving fee
Community Facilitires Agreement(CFA)application fee
YStreet andµu m n,
art ea vacation appli'ca tion fee
ImL
)a t Fee Waivers -The maximum water/wastewater impact fee waiver amount for a commercial, in dustrial, mixed-
use, or community facility development project is equivalent to the water/wastewater impact fee of two 6-inch meters
Water (Micter Size (,No. of trieters, [;?Kransportation
1 -Y
Release of0 11,Llens
liens ng
Pavi liens Lv� Board,up/open structure liens Demohtion liens
Weed
Revisedhill 12,2011 4
t RT W RT H Application No.
[it, ACKNOWLEDGMENTS
I hereby certify that the inforTnation provided is true i1nd accurate to the best of my knowledge. I hereby
acknowledge that I have received a copy of NFZ Basic Incentives, which governs the granting oil'tax abatements, 1`ee
walvers and release of City liensl and that any ViOLATION of the terns of the NEZ 13as,ic Incentives or
MISREPRESENTATION shall coin�stitute grounds for reJection of an application or termination of incentives at the
discretion of the City.
I iinderstand that the approval of fee waivers and other incentives shall not be deemed to be approval calm any aspect of
the project. I understand that t am responsible in ohtaining, required permits and inspe�ctions from the City and in
�tisurtng:the projects located in the'correL-t zoning district.
I understand that my application will not be processed if it iis incomplete. I cagree to provide tiny additional
itiformation for determining eligibility as requested by the Cit,y.
e.OL >
(PRINTEDi OR TYPED NAME) (AUT1iGKLZE SIGNATURE) (DATE)
Please mail,or fax your applicatlion to
City of',Fort Worth Planning and Development Depa,rtmertt
toho Throckmorton Streo, .Fort Worth,,,,Texas,16102,
Tell: (817)392-22�212 Fax: (817)392, "81164
Electronic version of this on-n is available on our website., For more info rmationon the NEZ Program, please visit
,,)ur web site at wm-w.fortworthg,ov.org/pi,anni,nganddevelopment
"F IffiC
'.IF C Us Only
f In which NEZ? Council District
A pplication NO. I a !EM q_
A pplicatio Completed Date(Received,Date): Conform with Zoning? Yes [:]No
Rrt ,,Mcu s
c Zati o
pe. ,SF Multifamily Commercial [:1 Industrial 0 Community Mixed-Use
c io 4 i
Cons , ction completion date? Be-fore NEZ er NE Z Ownership/Site Control -3 No
"rAD Account No. Consistent with the FEZ plan9. s No
Meet affordability test'.) No P*vlinimurn Capital Investment? S No
Rehab at or higher than 3011,,o? s O 'No N4eet mixed-use defitnition.) No
"Fax Current on this property? es No Tax current on other properties? s No
)
City liens on this property? City liens on oth -operties
er pi 0
# Weed liens ye a Weed liens CMC-
# Board-up/open structure liens Yes 0 * f3oard-up/open structure liens Yes
* Demolition liens YC3 * Demolition liens Yes
# Paving liens Y er.S * Pawing liens Yes
a Order of demo * ion Yes Order of demolition e
Certified"t) []No Certified by Date certification issued?
2-
If not certi d, reason
demo
rea.
t- d s,
Referred to: []Economic Development "IT W
][10LISing ElDCVelOpMent, 'cuter DCode F
2 01 11 5
Revised July 110
Exhibit 1141"
Project Description
Single Family Residence
4 Bedrooms
2 Bathrooms
Dining,Area
Living Room
2 Covered Front Patio Areas
Approximately 1,300 square feet
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C T"E. 5/'7/20:113 REFERENCE No.: C-26237 LV� NAME.- EZ,2915A%V/EC.
C0wu%E C T PE PUBLIC N0
0 IK41 SEl"N'T HEARIN"
SUBJECT. Authorize Execution of a Five-Fear Tax Abatement Agreement with Axel Alvarez T"ostado
for Construction of a Single-Farr ilw Dwelling at 2915 /Ave C in the Pol toohnic/Wesleyan
U Zl l CI T Noighborhood Empowerment?ono (COUN 8)
R,EC0MMENDATI0%N:
It is recommended that the City Council authorize the execution of a five-year Tax Abatement
Agreement with Axel Alvarez T'ostado for construction of a single-family dwelling at 2915 Ave C in the
Polytechnic/Wesleyan Neighborhood Empowerment Zone, in accordance with the Neighborhood
Empowerment erment Zone Tax Abatement Policy and Basic Incentives.
DISCUSSION.-
Axel l a�rez-Tos,tado (Property owner) is,the owner of the property described as the Fast 40 feet of
Lot 10 and the Wet 10 feet of Lot 11 Block 81, Polytechnic heights Addition, an Addition to the City.
of Fort Worth, Tarrant Count , Texas, according to the plat �reooirded in Volume 63, Page 10% of the
Plat Records of Tarrant County, Texas, at 291
Ave C, Fort Worth, Texas., The property is located
within the Polytechnic/Wesleyan Neighborhood Empowerment Zone N EZ .
The: Property owner plans to invest an estimated amount of$ g,610oOo�.00 to construct an
a pproxi n ately 1,300 square foot single,family residence Projeot�. The Project will be used as,the
primary residence of the owner.
The Housing and Economic Development Department reviewed the application and certified that the
Property owner and Project met the eligibility criteria to receive a NEZ Municipal Property Tax
Abatement. The NEZ Basin Incentives includes a five-year Municipal Property Tax Abatement on the
increased value of improvements,to the qualified owner of any new,construction or rehabilitation
within the N�EZ,.,
Ul execution of the Agreement, 100 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 201 at the
estimated pre-improvement value,, as defined by the Tarrant Appraisal District("TAD)„ for the property
as follows.*
Pre-Improve ement TAD Value of Improvements 0.00
Pro_I m rovernent Estimated 'value of Land $2 oo .00,
Total' Pre-Improvement Estimated Value $2,01001-00
The municipal property tax on the improved value of Project after construction is estimated in the
amount of$424.08 per yeear for a total amount of ,1201. o over the five-Fear period. - owever, t is
estimate may differ from the actual tax abatement value, which will be calculated based on the Tarrant
Appraisal District appraised value of the property.
In the event of a sale of this property, the NEZ Tax Abatement Agreement may be assigned to a new
owner's first mortgagee or a new homeowner as their primary residence. All other assignments must
be a roared by the City Council.
This property is located in COUNCIL DISTRICT .
Page t of 2
FISCAL, Iii FORMATIONMERTIFICATION:
The Financial Management Services Director certifies that this action will not increase the total
appropriations on City funds.
TO Fund/Account/Centers FROM Fun d/Acicount/Centers,
Submitted fair City Mana r's Offl" Fernando Costa (61 22)
Originating Denartment Heald: Jay Chapa (5804)
Cynthia Garcia (8,187)
Additional Information Contact: Sarah Odle (7316)
ATTACHM�E,NTS
2915 Ave C Mamp),cl
Elevation 2915 Ave G. df
Page 2 of 2