HomeMy WebLinkAboutContract 28117STATE OF TEXAS §
COUNTY OF TARRANT §
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TAX ABATEMENT AGREEMEIiiT FOR PROPERTY LOCATED IllI A
1�EIGHBORHOOD EMPOWERMEl�TT Z�NE
This TAX ABATEMENT AGREEMENT ("Agreement") is entered into by and
between the CITY QF FORT WORTH, TEXAS (the "City"}, a home rule municipal
ca�oratian oz'ganized under the laws of the State af Texas and acting by and through
, its duly autharized Assistant City Manager, and the Fort Worth
Housing Finance Corporation, a non-profit housing deve�opment
corporation, ("Owner"), acting by and thraugh Jerome Walker, its duly
authorized Owners' Represe�tati�e.
The �ity Cnuncil of the �City of Fort Worth ("City Council") hereby finds and the City
and Owner hereby agree that the following statements are true and correct and constitute the
basis upon which the City and Owner have entered in�o this Agreernent:
A. Chapter 378 of the Texas Local Government Code allflws a municipality ta create
a Neighborhood Empowerment Zane {NEZ) if the munici�ality deternunes that
the creation of the zone would pramote:
I. The creatian of affardable l�ousing, includirng manufactured housing in th�
B.
zone; .
2. An increase in ecanomic development in the zone; .
3. An increase in the guality of social services, educatio�, ar public safety
pravided to residents of the zone; or
4. The rehabiiitatzon of affordable hausing in the zone.
Chapter 378 of the Texas Local Go�ernment Cade pro�ides that a municipality
that creates a NEZ, may enter into agreements abating munieigal property t�es
on property in the zane. �
C. On July 31, 2001, the City adopted basic incentives far property owners who awri.
property located in a NEZ, stating that the City elects ta b� e�igible to participate
in tax abatement and including guidelines and criteria governing tax abatement
agreements entered into between the City and variaus third parties, titled "NEZ
Basic Incentives" ("1�IEZ Incentives"), which is attached hereto as Exhibit "A"
and hereby made a part of this Agreement for all pu:rpases.
D. The I'�TEZ Incentives eontains appropriate guidelines and criteria governing tax
� abatement agreements to be entered into by the City as contemplated by Chapter
312 of the Texas Tax Code, as amended (the "Code").
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E. On Sepiember 11, 2001, the Fort Worth City Council adopted Ordinance No.
14767 (the "Ordinance") establishing "Neighbor�ood Empowerment
Reinvestment Zone No. 1," City of Fort Worth, Texas (the "Zone").
F. Own�r awns certain real property located entirely within the Zone and that is
more particulariy described in Exl�ibit "B", attached hereto and hereby made a
part of this Agreement for al� purposes (the "Premises"}.
G. Ovwner or its assigns plan to construct the Requzred ImprQvements, as defined in
Section 1.1 of this Agreement and as described in Exhibit "C", on the Premises to
be used for as a single-family residence that will be awner occupied. (Che
"Project").
H. On September 28, 2041, Owner submit�ed an application for NEZ incenti�es and
tax abatement to the City concerning the contemplated use of t�e Premises (the
"Applicataon"}, attached hereto as Exhibit "D" and hez'eby made a part af this
Agreement for all purposes. �
I. The City Council �nds thaC the conternplated use af the Premises, the Required
Improverr�ents, as defir�ed in Section 1.1, and the terms of this Agreement are
cansistent wikh enca�xrag,fng develapment of the Zone in accordance with the
purposes for its creation and are in compliance with the NEZ Incentives, the
R�solution and other applicable laws, ordinances, rules and regulations.
J. The C�ty Council finds that the terms of this Agreemen�, and the Premises and
Required Improvements, satisfy the eligibility criteria of the NEZ Zncen�ives.
K. Written notice that the City intends to enter into tfiis Agreement, along with a
capy of khis Agreement, has been furnished in the manner prescribed by the Code
ta the presiding offieers of the governing bodies of each of the taxing units in
which the Premises is located.
NOW, THEREFQRE, the City and Owner, for and in consideratian af the terms and
conditions set %rth herein, do hereby contract, eovenant ar�d agree as foIlows: �
1. OWNER'S COVENANTS.
1.1. Real Prbperty Improvements.
Owner shall co:n�truct, or cause to be canstructed, on and within the Premises
certain improvements consisting af a single family re5idence, {i} of at least 1,200 square
feet in size, and (ii) having a constructian cost upon completian of $ 60,OOQ ine�udir�g site
development costs but such minimum canstruction costs shaIi be reduced by any
construction cost savings (collactiveiy, the "Required Improvements"). Owner shall
provide a survey of the completed home showing Required Improvements before the
hpme is sold, The parties agree that the final survey shall be a part of t�� �r�e�enr ���1-
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shal! be labeled Exhibit E,. Minor variations, and more substantial variatians if approved
in writing by both of the parties to this Agreement, in the Requir.ed Improvements from
the description provided in the Application for Tax Abatement shall not canstitute an
E�ent of Default, as d�fined in 5ection 4.1, provided that the conditions in the first
sentence oi this .Section 1.1 are m�t and the Required Irnpra�ements are used for the
purposes and in the manner descril�ed in Exhibit "D"..
1.2. Comaletion Date of Reauired Tmnrovements.
Owner covenants �o substantially complete constructifln af all of the Required
Improvements within two years from the issuance and receipt of the building pernut,
unless delayed because of farce majeure, in which case the twa years shall be extended
by the numher of days connprising the specific farce majeure. For purposes af �his
Agreement, farce majeure shall mean an event beyond Owner's rea�onable control,
including, without limitatian, delays caused by adverse weather, d�lays in receipt af any
required pernuts or approvals fram any governmenial authority, or acts of God, fires,
strikes, national disasters; wars, riots and rnaterial or labor restricCions and shortages as
determined by the City of Fort Worth in its soje discretion, which sha11 not be
unreasanably wiihheld, but sl�all not include construction de�ays caused due to pureiy
financial matters, such as, without limitation, de�ays in the obtaining of adequat�
�inancing.
1.3. Use o� Premi�es.
Owner covenants that the Required Improvements shall be constructed and the
Premises shall be soid so that it is continuously used as the primaty residence of the
Home Buyer in accordance with the description of the Project set forth in Exhibit "D". In
addition, Owner co�enants that throughout the Term, the Required Improvements shall
be operated and maintained for the gurposes set f�rth in this Agreement and in a manner
that is consistent with the general purposes oi encouraging development or
redevelaprnent af the Zone.
2. ABATElVIE1�1T AMOUI�TS, TERMS AND COI�ID��'��1�TS.
Subject to and in aceordance with this Agree�nent, the City hez'�by grants to Owner a rea�
property tax abatement on the Premises, the Required Itnprovements, as � specifically Qrovided in .
this Section 2(`�Abatement"). "Abatement" of real praperty taxes anly includes City of Fort
V�orth-imposed taxes and not taxes from othsr taxing entities.
2.1. Amount af Abatemen�
The actual amount of the Abat�ment granted under this Agreement shall be
based upon the increase in value of the Premises and the Required Impro�ements over
their values on January 1, 2002 and accarding to the Tarrant Appraisal District, this
amount is $1,000 the year in which this Agreement was entered intn:
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One Hundred percent {Ip0%) of the increase in �a1ue iz'om the
construction of the Required Itnprovements.
if the total construction costs of the Required YnnproWements are less than as
provided in Sec�ion 1.1 of this Agreement, except that such minimurn construction costs
shall be reduced by construction cost savings, Owner will not bc; e�igible to receive any
Abatement under th.is Agreement.
�.� Term of Abatement.
The tertn af the Abatement (the �"Term"} shall begin on � anuary 1 of the
year following the calendar year in wl�ich the Required Improvement is sald to a
Horne Buyer to be used as its primary residence (`Beginning Date"}_and, unless
sooner te:rmanated as herein pro�ided, shall end on December 31 immediateiy
preceding the fifth (St�') anniversary of the Beginning Date. i�pon the sale to a
Home Buyer, City shaIl certify that the Required T�nprovements have been
completed in satisfactian of the terms af this Agreement.
However, the Campliance Auditing Term will begin on the date this agreement is
executed and will end on the expiration date af the Term. -
�.3, Pratests 4vex Aupr��ls ar Assessments.
Owner shall have the right to protest and con�est any or alI appraisais or
assessments vf the Premises andlar imprc�v�ments thereon.
�.4. Abatement Anp�ication Fee.
The City acknowl�dges receipt from �wner of the required Abaternent
application fee of twenty-five dollars {$25.00).
3. RE,CORDS.,CE�TIFICATION AND EVALUATIOIlT OF PR(�.TECT.
3.1. Insnection of Prem�sas.
Between tt�� executian date o� this Agreement and the last day of the Term, at any
time during consttuctio� af the Required Improvements and follawing reasonable notice
to Owner, the City shall have and Owner shall paravide access to the Premises in order for
th�; City ta inspect the Premises and evaluate the Required Tmprovements to ensure
compliance with the �terms and conditions of t�is Agreement, Owner shajl cooperate
fully with the City during any such inspection andlor evaluatian.
3.2. Certific�tion
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Property Owner, and Horne Buyer onc� the property is so�d, .sl�all certify annually
to the City that it is in compliance with each applicable term of this agreement. The City
shall ha�e ihe right to audit at the City's expense the financial and business records of
Owner that r�late to the Construction of the Project and Abatement terms and conditions
(collectively, the "Records") at any iime during tlle Compliance Auditing Term in arder
ta deternvne campliance with this Agreement and to calculate the correct percentage af
Abatement available to Owner. Owner shall make all applicable Records available to the
City on khe Premi�es ar at another location in the City following reasanable advance
notice by the City and shall otherwise cooperate fully with the City during any andit.
3.3. Provision of Information.
On or befare February 1 following the end of every year during the Compliance
Auditing Term and if requested by the City, Owner s�all pravide infortnation and
documentatian for the previous year that addresses Owner's cnmpliance with each of the
terms and conditions af this Agree�nent for thak calendar year.
Failure to provide all information within the control of Owner required hy ihis 5ectian
3.3 shall constitute a� Event of Default, as de, fined in Seetian 4.1.
3.4. Determination of Co�nnljance.
On or before August 1 of each year during the Compliance Auditing Term, the
City shall rnake a decision and rule on the actual annual percentage af Abateinent
available to �wner for th� following year of the Term and shali notafy Owner of such
decision and ruling. The actual percentage of the Abatement granted for a given year of
the Term is t�erefare based apon Owner's compliance with the terms and conditions of
this Agreement during the pre�ious year of the Campiianc� Auditing Term.
4. EVENTS OF I�AULT.
4.1. Defined.
Unless otherwise specified herein, Owner shall be i� defaalt of this Agreement if
(i} Owner fails ta construct the Required Impro�ements as defined in Section 1.1; (u} ad
valarerrt real property tax�s .with respec� to the Premises ar the Project, or i�s aci valorem
taxes with respect to the tangible personal property located on the Premise5, becor�e
delinquent and Owner does nat timely and properly follow the legal procedures for
pratest andlor contest of any such ad valorem real property ar tangibl� personal property
taxes or (iii) Home Buyer does not use the Premises as. primary residence once the
abatement begins (collectiveiy, each an "Event of De�ault"�.
4.�. I�Iotice to Cure.
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Subject to Section 5, if the City deternunes that an Ev�nt of Default has occurred,
the City shall provide a written notice to Owner that describes the nature of the Event of
Default. Owner shall hav� ninety (90} calendar days from the date of receipt of this
written notice to fully cwre or have cured the Event of Default. If Owner reasonably
beiieves �hat Owner will require additional time ta cure the Event of Defau�t, Owner shall
promptly notify the City in writing, in wi�ich case (i) after advising the City Council in an.
open me�ting of Qwn�r's effarts and intent to cure, Owner shall have one hundred eighty
(180) calendar days fram the original date of receipt of the written notice, or (ii) if Owner
reas�nabiy belieues that Owner will require more than one hundred eighty (180) days to
c�re ti�e Event af Default, after advising the City Council in an apen meeting of �wner's
efforts and intent to cure, such additional time, if any., as Fnay be offered by the City
Council in its sole discretion.
4.3. Termination for Event of Default and Pa�mer�t of Liquidated Dama�es.
If an Event of Default which is defined in Section �.1 has not been cured witt�in
the time frame specifically allowed under Section 4.2, the City shall have the right to
terminate this Agreement immediately. �wner acknowledges and agrees that an uncured
Event flf Default will (i} harm the City's economsc developrnent and redeveloQment
ef�orts on the Premases and in th� vicinity of the Premises; (ii} require unplanned and
expensive additional adrninistrative oversight and invol�ement by the City; and (ui}
otherwise harnn the City, and Owner agrees that the amaunts af acttxal darnages therefrom
are speculative in natwre and will be difficult or impossible to ascertain. Therefore, ugon
terrnination of this Agreement for any Event of Defa�lt, Owner shall not be eligible for
th� Abatement for th� remaining Term and Owner shall pay the City, as liquidated
damages, al� taxes that were abated in accordance with this Agreement for each yaar
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 �wner agree that this amount is a
reasonable appro�cimatian of actual damages that the City will incur as a result af an
uncured Event of Default and that this Sectian A�.3 is intended tfl pravide th� City with
compensation for actual damages and is not a penalty. This amo�nt may be recovered by
the City through adjustments rnade ta Owner's ad valorem property tax appraisal by the
appraisal c�istrict that has jurisdic�ion over the Prennises. Otherwise, this amount shall be
due, owing and paid to the City within sixty (6a) days following the effective date of
terminatian af t�iis Agreement. Tn the event t�iat all or any portian of this amount is not
paid to the City within sixty {6D) days following the effeetive date af termination of this
Agreement, Owner shall also he liable for all penalties and interest an any outstanding
amount at the statutory rate far delinquent taxes, as determined by the Cade at the time of
the payment af such penalties and interest (currently, Section 33.01 of the Code).
4.4. Termination at Will.
� the City and Owner mutually determine that the development or use of the
Prernises or the anticipat�;d Required Improvements are na longer apprapriate or feasible,
or that a higher or better use is preferahle, the City and Owner may terminate this
Agreement in a written format that is signed by both parties. In thi�, Event, {i) if the Term
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has commenced, the Term shall expire as of the effective date of the tertnination af this
Agreement; (ii) there shall be no recapture of any taxes previausly abated; and (iii)
neither party shall have any further rig�ts or obligations t�ereunder.
�.
6.
City:
EFFECT OF SALE OF PREM�SES.
The Abatement �ranted hereunder shall �est only in Owner and cannat be
assigned. to a new owner of ail or any portion of the Premises andlar R�quired
Improvements with.aut the prior writteri cansent af the City Council, which consent shall
nat be unreasonably withheld provided that (i) the City Council finds that the progased
assignee is financially eapable of ineeting the te�ns and canditions of this Agreement and
(ii) the proposed purchaser agrees in writing to assume all terrns and conditions of Qwner
under this Agreement. Owner may not otherwise assign, lease or convey any of its rights
und�r this Agreament. Any attempted assignment without the City Council's prior
written consent shaIl constitute grounds for termination of this Agreement and the
Abatement granted h�reunder fallowing ten (10) calendar days of receipf of written
notice from the City to Owner.
In no event shall the abatement term be extended in the event of a subsequent sale
or assignment. -
NOTICES.
All written notices called far or required by this Agreement shall b�; addressed to
khe foliowing, or such other party or address as either party designates in writing, by
certified mail, postage prepaid, or by hand delivery: �
Owner:
City of Fort Worth
Attn: City Manager
1000 Throckmorton
Fort Worth, TX 76102
�. MiSCELLANEOUS.
7.1. Bonds.
Fort Warth Hausing Finance Corporation
1000 Thrackmorton
Fort WorCh, Texas 76102
The Required Improvements rrrill not be financed by tax incremer�t bonds. This
Agreement i� subject to rights of holders of outstanding bonds of the City.
'�.2. Conflicts of Interest.
Neither- the Premises nor any of the Required Tmprovements covered by this
Agreement are own�d or leased by any mem.ber of the City Council, any member of the
City Planning or Zoning Cammission or any member of the gaverning body of a�y taxing
units in the Zone.
i.3. Cont�icts Between Documents.
Tn the event of any conflict between the City's zoning ordinances, ar ather City
ordinances or regulatiflns, and this A�reement, such. ardinances tir regulatioris shall
control. Irt the e�ent of ariy conflict between the body of this Agreement and Exhibit
"D", the body of this Agreement shaU, cantral.
7.4. Future Anplicatian.
A portion ox all of the Premises and/ar Required Impra�ements may be eligible
for comglete or partial exemption from ad valarem taxes as a result of existing law or
future legislation. This Agreernent shall not be � construed as evidence that such
exem�tians do not apply ta the Premises andlor Required Improvements.
'�.�. Citv Council Authorizatian.
This Agreement was authorized by the City Council thro�gh appraval ai Mayor
and Council Communication No, on , which, among vther
things, authorized the City Manager to execute this Agreement on behalf of the City.
'�.6. Estonnel Certificate.
Any party hereto may request an estop�el certificate froFn another party hereto so
[ang as the certi�cate is requested in cannectzon with a bona fide tausiness purpose. The
certi�'icate, which if �equested will be addressed to the Owner, shall include, but not
necessarily be iimited to, statements that this Agreement is in fuIl force and eff�ct
withaut default (or if an E�vent of Default exists, the nature of the Event of Default and
cura�i�e action taken and/or nece"ssary to effect a cure), the remaining term of this
Agreement, the levels and remaining term of the Abatemen� in effect, and such other
mattexs reasonably requested by the patty or parties to receive the certificates.
i.7. Owner Siandin�.
Owner shall be deemed a praper and necessary party in any litigation questioning
or challenging the vaiidity of this Agreement or a�y a� Che underlying laws, ardinances,
resolutians or City Cauncil actions authorizing this Agreernent, and Qwner shall be
entitled to intervene in any such litigatian.
7'.8. Venue and ,Turisdictio��
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'�`his Agreement shall be constr�ed in accnrdance with the laws of the State of
Texas and appIicable ardinances, rules, r�gulations or policies of the City. Venue for any
action under this Agreement shail lie in the State District Court of Tarrant County, Texas.
This Agreement i� perfai-rnable in Tarrant County, Texas
q.9. Recordai�on.
A certified copy of this Agreement� in recardable form shall be recorded in the
Deed Records of Tarrant County, Texas.
7.10. Severability.
� any pro�vision of tlus Agreement is heId to be invalid, illegaI or unenforceable,.
the �alidity, le�ality and enforceabiiiCy of the remaining provisions shall not in any way
be affected or impaired. � '
i.11. Headings Not Controllin�.
Headings and titles used 'zn ihis Agreement are for reference purposes only and
shall not be deemed a part of Yhis Agreement,
7,12. Entiretv of A�reement.
This Agreernent, including any exhibits attached hereto and any documents
incarporated herein by reference, contains the entire understanding and agreement
between the City and Owner, their assigns and successors in interest, as ta the matters
contained herein. Any p�iar or contemporaneous oral or writt�n agreement is hereby
declared null and void to the extent in coriflict with any provision of this Agreement.
This Agreement shall not be amended unless executed in writing by both parkies and
approved lay the City Cfluncil. This Agreement may be executed in multiple
counterparts, each of which shall be considered an original, but all af which shall
constitute one instrument. � �
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EXECUTED �his� day of � , 2002, by the City of Fort Worth,
Texas. -
EXECUTED this ��— day of ,,����e...-. � � �-
Finance Corporation.
, 2002, by Fort Worth Housing
CITY OF FORT VVORTH: . F�RT WORTH HOUSING FINAl�TCE
By: � .
Assistant City Manager
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Y� -„� y
�ity Secretary
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APPROVED TO FORM AND LEGALITY:
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By: � �
Cynthia arcia �
Assistant City Attorney
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CORPORAT�ON:
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Jer e C. Walker
AT"TEST:
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STATE UF TEXA5 §
COUNTY OF TARRANT §
BEFORE ME, tt►e undersigned authority, on this day persona.11y appeared
,��`d T��.?�7Z , Assistant City� Manager of the CITY OF F�RT WORTH, a municipal
carporation, known to me t� be the person and officer whose name is subscri�ed ta the foregoing
instrument, and acknowledged to me that the same was the act of the said CITY OF FORT
WORTH, TEXAS, a municipal corporatzon, that he was duly authorized to perform tI�e same by
appropriate Mayar and Council Communica�ion� of the City Council of the City of Fort Worth
a�td that he executed the same as the act of the said City for the purpflses a�d consideration
therein expressed and in the capacity therein stated. ' .
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �day of
c9 C�-%. , 20Q2. . .
' '� `�"�"� �Yp � ROS��LR BA�i�E5
Notary Public in and for �� NOiA�iY PUBI,IC
the State of Texas '��, ,� 51ate ot �'exas
f�o�//� t8o9�iN�S �,.�'�` C�nm. Exp. 03-3�-�005
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Notary's Printed Name
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STATE OF TEXAS §
COUNTY OF TARRANT � §
BEFORE ME, ttle undersigned aut�ority, on this day personally appearEd �e,ro�., � C� � C�,� f F�� �
�-� � k`� of the Fart Warth Hausing Finance Carporation, a Texas non- prafit corporation,
lcnown tQ rne to be the person whase name is suhscribed to the foregoing instrum�nt, and
a�knowledged to me that he ex�cuted the same foz' the purposes and consideration therein
expressed, in the capacity therein stated and as the act and deed of the Fort Worth �io�sing
Finance Corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I a-�� day
of Se���-�..•-_��� , 20�2.
f^� iC.�✓C�O�N� ' L/�Q�.cr-+/Vl
Notary Pnblic in and for ____�
.- - - - - _ � --�s�...��.��,
ti�e Stat� of Texas �"""'�� WILf.kAM HEWITT �
� � ��*' MY COMMIS510N �XPIRES
��. . � ti��� January 27, 2aD3 ;
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Notary's Printed Name •..• °"_ . �"'.P � �...` �
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Exhibit A: NEZ Tncentives
Exhibit B: Property Descrip�on
Exhibit C: Praject description including kind, number and location of the proposad
improvements.
Exhibit D: Application: (NEZ} Yncenti�es and Tax Abateinent
Exhibit E: Final Survey
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CITY OI� FORT IaVORTH
PIEIGHBORWQQD EiV1POW�FiM��I�' ��N� (IV��) BASIC ENCE�N�11/ES
Adopted by the Fart Worth City Councfl on July 39, 2001 (M&C G-93208 Rj
Amended by fhe Fari Worth Gity Council an Aprr12, 2002 (M&C G-93580), July 23, 2002
(M&C G736fi2)
1. ���I�R,4L PURF�OSE Af�D O�J�CiIVES
Chapter 378 of the Texas Local Governm�nt Code aElows a municipaliiy to create a
NeigY�borhood Empowerrnent Zone (NEZ} when a"...municipality det�rmines that fhe creation
af the zone woulc� promote:
(1) the creation of affordable �ousing, including manufactured housing, ir� the zone;
(2) an increase in ecanomic develop�ne�t in the zone;
(3) an increase in the quality of social services, education, or pubfic safe�y provided to
res�dents� of the zone; ar
{4} fhe rehabi[itatian of affordable hausing in the zone."
The City, by adopting tF�e following incen�ives, will promote affardable housing and
economic dev�lopment in the N�Z. NEZ incentives will not be granted after the NEZ expires as
defir�ed in the reso�ution designafing the NEZ. For each NEZ, the City Council may approve
additional terrns and incenfives as p�rmitted by Chapter 378 of ihe Texas Local Government
Code or by City Council resolutian. However, any tax abafement awarded befare the expiratian
of a NEZ shal� carry its full term accarding to its tax abatemeni agreement appra�ed by the City
Council. .
As manda�ed by sta�e �aw, the property ta�c abatement ur�der fhis policy applies to fhe
owners o� real proper�y, iVathi�g r`n 4he policy shal[ be construed as an o�lfgatian by the
City of �or� I�Vor�h to appro�e any tax abat�me�f applica#ion.
lf. DE�INITIO�VS
"A6atement°' means fhe full ar partial exempfion fram City of Fort Worth ad �a�arem taxes on
eligibl� praperties for a period of up to '[0 years and an am�ur�t of up ta 100% of ihe incr�ase in
appraised �alue (as r�flected on the ce�#ified tax rolE of the appropriate caunty appraisal district)
resuiting fram impravements, Eligible properties must be located in fhe N�Z.
"Base Value" is the value of the property, excluding land, as d�t�rmined by the Tarrar�t County
Appraisal Disfrict, during the year rehabilitation occurs.
"Building Standards Commission" is fhe commission cr�ated under Sec. 7-77, Article IV.
Minimum Building Sfandards Code a� the Fort Worth City Code. �
"Capital lnvestment" ineludes anly real properiy impravements st�ch as new faciii#ies and
structures, site impravements, facifity expansEon, and facility modernization. Capital Investment
does NOT include land ac�uisitian costs a�dlor a�ty existing Empro�ements, or personal property
(such as machinery, equipment, and/or supplies and inven#ory).
"Cify of Fari Worfh Tax Abatement Policy Statement" means the policy adopted by City Council
on February 29, 2000.
"Comrnercial/Industria! Development Project" is a de�elopment project which propases to
construct or rehabilitate commerciallindustrial fac9lities on properry that is (or meets the
requirements to be) zoned commerciaf, indusfria! or mixed use as defined by the City of Fo�
Worth Zoning Ordinance.
"Community Facility Develapment Project" is a develapment project which proposes to construct
or rehabilitate commurtity facilities on property thai allows suc� use as defined by the City of
Fort Worth Zoning Ordinance.
"Elig�ble Rehabilita�ion"
Rehabilitation does NOT
andlor supp�ies).
inc�udes only physical improvements tn rea3 property. Eligibfe
incEud� personaf property (such as furniture, appliancesf equipment,
"Grass Floor Area" is measured by taking the outside dimensions of tne b�ildir�g at each floor
le�el, except that portion of tE�e basement used only for utilitias or storage, and any areas within
the buiiding used far off street parl�ing.
"Mrnimum Building Sfandards Code" is Ar�icle N of the F'ort Worth City Code adopted pursuant
to Texas Local Government Code, Cha�ters 54 and 2�4.
"Min�rify Buslness Enterpr�se (MBE)" and "Women Business En�erpris� (WBE)" is a minority or
woma� owned business thaf has recei�ed certifcat9on as either a certified MBE ar cer�ified
WBE by eitf�er t�e Narth Texas Regional Certification Agency (NTRCA) or the Texas
Departmenf of Transportafion (Tx�nt), Highway �ivision.
"Mixed-Use Developmenf Projecf" is a development project which proposes ta cnnstruct or-
rahabilitate mixed-use facifities in which residential �ses constitute 20 percent or mare ofi the
total gross floor area, and affice, eating and enfertainment, andlor retail salas and service uses
constitufe 10 percent or mnre of the total gross floor area and is on proper[y thaf is (or meets
the rec{uirements to be} zoned mixed-use as d�scribed by the City of Far� Wortn Zaning
Ordinance.
"Multi-family Developrrrent Project" is a devela}�ment project which proposes to construct or
�-�habiaitafe multi-family residantial li�ing units an proper�y that is (ar meets the r�quirements ta
be} z�ned multi-family or mixed use as defined by the City of Fort Worth Zoning Ordinance.
"Reinvesfinent Zone" is an area designated as such by tf�e City of Fort Worth in accardance
with the Praperty Redevelopment and Tax Abatement Act codi�isd in Chapter 312 of the Texas
Tax Code, or an area desig�ated as an ent�rprise zane p�trsuant to the Texas E�terprise Zone
Act, codified in Chapfer 2303 af fhe Texas Government Catie.
IllA
A.
�iIUPlICIPA� PROP�RTY TAX A�AT�MEPlTS
R���aEIViIA� RRO���YI�S �OCAi�A IN ,� AIEZ: FULl� AB�►i�M�AlT FOR 5
YE�.RS
F%
1. For residential proper�y purcY�ased before NEZ designation, a�omeowner shall be
eligible to apply for a tax abatement by meetir�g the foElowing:
a. Property is owner-accupied and the primary res�dence of fY�e homaowner pria�- to
tt�e fina� NEZ designatian. Homeawner shail provide proof �f ownership by a
warranty deed, affidavit of heirship, or a pra�ated will, ar�d shall shaw proof of
primary residence by homestead exempi{on; and
b. Homeowner musf perform Eligible R�habilitation on the proper�y after NEZ
designation equaf io or ir� excess of 30% of the Base Value of the prap�rty; and
c, Property is not in a tax-delinquent status when the abatement app�ica�ian is
submitted.
2. For residential property purchased after NEZ designatian, a homeawner shall be
eligibEe to apply for a tax abateme�t by meeting the foliow[ng:
a. Praperty is newly constructed or rehabilifated affer the date of final NEZ
designat�on; and
b. Praperty is owner-accupied and is the primary residence af the nomeowner.
Homeawner shafl provide prQof of ownership by a warranty deed, afficfavEt of
heirship, ar a pr�bafed wiil, and shall show proof of primary residence by
homestead exemptiQn; and
c. F'ar ref�abilitated pr-oper�y, Eligible RehabiEitatian costs on the prflperty shal� be
equal ta or in excess of 30% of the Base Value of tf�e property. The selle� or
owner shall provide th� Gity informatian to support rahabilitation costs; and
d. ProperEy is nof. in a tax-delinquenf status when the abatement applicafion is
submitted., and .
e. Proper�y is in conformance wiih the City of Fort Wor�h Znning Ordinance. �
3. �or investor owned single family �raperty, an investor shall be eligible fo apply for a
tax aba#ement by meeting the following:
a. Property is newly consfrucfed or rehabElitated by tYte in�estor after NEZ
designation; and
b. Fo� rehabifitated property, Eligible Rehabiiitation casts on the proper[y shali �e
equa[ ta or in excess of 30% of the Base Value af the prope�[j+; and
c. P�roperly is not in a tax-d�linqu�nt sfatus when the abatement application is
submitted; and
d. Property is in conformance with �he City of Fart Worth Zoning Ordinance.
B. �IYULTleFAiVIILY D�V�LO�I��N f�R�J�CiS �OCAiED IN A NEZ
1. Full Abatement for 5 years.
In order to be eligible tor a property tax abatement, upon com��etion, a newly
canstructed or r�ha�ilitated multi-family deve�opment praject in a NEZ musi satisfy
the folEowing:
A# Ieast twenty percent {20%) of the total units constructed or re�a��litated shall
be affordable (as defined by fihe U. S. Department nf Housing and Urban
De�elopment) to persons with incomes at or below eighty percent (80%) af area
median income based on family size and such units shall be set aside for
persans a# or be�ow 8fl% of the median income as defined by the U.S.
3
�e�artmanf of Hausing and Urban Developmen#. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis; and
(a) For a multi-family d���lopment project constructed after NEZ designation, the
project must provide af least five (5) residential li�ing unifs OR have a
minimum Capital Investment af $200,oao; or
{b) For a rehabilitation project, fhe proper#y must be rehabi[i�afed after NEZ
designation. Eligible Rehabilitation casts on the property shafl be at least
30°/a of the Base Va[ue of the property. Such El�gible Rehabiiitatian costs
rnust come from the rehabilitation af at least five (5) residential living uniis or
a min�mum Capital Investment ofi $200,000.
2. 1%-100°/a Abatemenf of City Ad Valarem faxes up to 10 years
If an appifcant applies for a tax abatement agreement wifh a term of mare than five
years, this sectiar� shall apply.
Abatements tor multi-family de�e{oprnent projects for up to 10 years are subjeci to
City Gouncil apprflvai. The applicant may apply with the Housing Department far
such abatement.
Years '! throuah � of fhe �ax Aba�emer�t �.qreement
Multi-farnily projects shall be eligibfe for �00% abatemenf of City ad Walnrem taxes
for years or�e thraugn five flf t�e Tax Abatement Agreement upon the satisfaction o�
the followir�g:
At leasf twenty percent (20°/Q) of the total units constructed or rehabiliiate� shall be
affordable (as def[ned by the U. S. D�partment of Housing and Urban Develapme�t)
to persons with incomes at or below eighty percent (SO%) of area median income
based on family size and such units shall be set aside for persons at or bel�w SO% of
the median income as defined by t�e U,S. Department af Housing and Urban
Development. City Council rnay waive or reduce the 20% afFordability requirement
on a case-by-case basis; ar�d
a. Far a mufti-family der�e�opment pro�ec# constructed after NEZ designatian, the
praject must provide at least irve (5) residential fiving ur�its OR �a�e a minimum
Capital ]nvestme�t of $200,000; or
b. Far a re�abiiitation project, the �roperty must be rehabilitated after NEZ
d�signation. Eligible Rehabilitation costs on the praperfiy shall be at least 30% of
the Base .Value af the proper�y. Such Eligible Rehabilitation costs must come
from the rehabilitation of at least fi�e (5) residentia! living units or a minimum
Capitaf Investment of $20Q,000. .
Years G ghrauaF� '�0 og #�e 1 ax Abatement �Qreement
Multi-family prajec�s shall be eligible for a �-100% abatemen# nf City ad valorem
taxes for years six fhraugh ten af th� Tax A�atem�nf Agreemeni upon fhe
satisfaction of the fallowing:
a. At least twe�Ey percent (20%} af the total units construcf�d or re#�abilitated sha[I
be affordable (as defined by #he U. S. Department of Housing and Urban
Development) to persons wiit� i�comes at or beiow eighty percent (80%} of area
4
median i�come based on family size and such �anits sha[I be set aside for
persons a# or below 80°/a of the median income as d�fined by the U.S.
Department of Hausing an� Urban Developm�nt, City Council may waive ar
reduce the 20% afFardabifity requirement on a case-by-case basis; and
1. For a multi-�am[ly develapment project consfructed after NEZ designation, the
project musi provide at least five (5) residenfial living uniis OR have a
minimum Capital Investment af $200,D00; ar
2_ �or a rehabilitafiion project, the properky must be rehabElitated after NEZ
designatian. EEigible Rehabilifafion costs on the proper�y shall be at feast
� 30% of t�e Base Valus of the property. Such Eligible Rehabi[itation costs
must come from fhe rehabilitation of at least five (5) residential living units or
a minimum Capifal lnvesfinent of $200,OOD.
b. Any other terms as City Council of ihe City ofi Fork Workh de�ms appro�riate,
including, buf not limifed to:
1. utilization of For� Worth companies for an a�reed upon perceniage of th� total
costs for construction contracts;
2. utilization o� certified mEnarity and women owned b�siness enterprises for an
agreed upon percentage of the total cos#s for car�struction contracts;
3. property inspecfian;
4, commifi to �ire an agreed upon percentage Qf For# Worih residents
5. commit fo• hire an agreed upon percentage of Central Ci#y resic�ents
6. landscaping;
7. t�nant selection pfans; and
8. management pla�s.
C. CB�M�KCIA�, [NDUSY�IA� AN� COIIIlR1�UlVl�Y ��CI�IiI�S ��V��OPNlFIdT
PROJ�CiS �OCATED 1[V ,� N��
1. �ul� A�atement for 5 years.
In order to be aligible for a property tax abatemenfi, a newly canstr�cted ar
re�abilitated commercia�/industrfal and community facilities d�uelopment project ir� a
NEZ musi satis#y the following:
a, A commereial, industrial ar a community faciE�ties developmenf project
constructed after NEZ designation must have a minimum Capital In�estm�nt of
$75,000; or
b. For a rehabifitation prajeet, it must be rehabilitated after NEZ designation. Eligibie
R�habilitation costs on th� prop�rty shall be at least 30% c�f the Base Vafue �of
the praper#y, or $75,000, whichever is greafer,
2. ���6'� OL% Abatement ofi City Ad Valorem taxes up to � 4 years
lf an app[icant appiies for a tax abatemeni agreement with a term a� mare than five
years, fhis section sha�f apply.
Abatement agreements far a Commercial, Industrial and Gommunify Faci[it�es
De�elopment projects far up to 10 years are subjecf to City Councif approva�. The
5
applicant may appfy with the Economic and Community De�elopment Department far
such abat�meni.
Years 1 thrvuqh � af the Tax AE�atemeni Aareemenf
Commercial, lndustrial and Cammunity Facilities Developmen# prajects snall be
eligible for 10�°/a abat�ment of City ad �alorem taxes for the first fi�e years ofi the
Tax Abatement Agreement upon t�e satisfaction of the followEng: ,
a. A commercial, industrial or a community facilities development project
constructed after NEZ designation must have a mir�irr�urri Capital �nvestment of
$75,000; or
b. For a rehabi�itation protect, it must be rehabifitafied after NEZ designaiion. Eligi�le
R�habilitation costs on the property shail be at least 30% of the Base Value of
fhe propsrty, ar $75,000, whichever is greater.
Years 6 frhrauaf� 'I D of ihe iax Aba#ement Aar�emen�
Cammercial, Indus#rial and Community FaciNties Development projects shafl be
e[igEble for 1%-100% abatement of Cify ad �alorem taxes far years sfx through �en of
the Tax Abaiament Agreement upon the satisfaction of fhe foliowing:
a. A commercial, industrial or a comm��ity faciiities developm�nt project
constructed after N�Z designafion must ha�e a minimum Capita] Investment af
$75,000 and must meet the requirements of subsection (c) be[ow ; or
b. For a reha�iiitation project, i� must be rehabilifated after NEZ designation. Eligibfe
Rehabilifiation costs on the property shali be at �east 3D% af ihe Base Value of
the pro�erty, or $75,pQ0, whichever is greater and meet the requirements of
subsection (c} be�ow. "
c. Any other ierms as City Gouncil of the City of �'ort Wor�h deems appropriate,
including, but not IimitEd ta:
1. utilization of Fort Worti� companies for an agreed upon percentage af the tataf
casts for construction contracts;
2. utilizafion of certifi�d r�inority and women owned business enterprises for an
agreed upon percentage of the total costs far cartst�uction contracts;
3. commit to hire an agreed upon percentage of Fort Warth residents;
4. commit to hire an agreed upon° percentage of Cenfral City residents; and
5. fandscaping.
D. NlIX�9-US� �EV��O�IVy��IY PROJECTS ��CAf�� iN r4 Rl��
1. Full Abatement for 5 years.
!n arder to be efigible for a property tax abatement, upon completion, a newly
canstructed or re�abilita#ed mixed-use development project in a NEZ must satisfy the
following-
a. Resid�ntial uses in the projecf canstitute 20 percent ar more of the tota! Gross
Floor Area of the projec#; and
b. Office, eating anc� entertainme�t, and/or retail sales and service uses in the
project consfEtute 10 percent or more of the tatal Gross �loor Area of the project;
and
�
(1) A mixed-use development project construc#ed af�er NE� designation must
ha�e a minimum Capita! Irtvestmenf of $200,000; or
(2) For a rehabi�itation project, it must be rehabilifated after NEZ designatian.
Eligible Rehabilitatian cas#s on fhe prope�ty shall be .at least 30% o� the Base
Value of the property, or $200,0�0, rrvhichever is greater.
2. 1%-10D% Abatement of City Ad Valorem taxes �p to 10 years
If an applicant applies for a tax abatement agreement wifh a ferm of more than firre
years, tF�is section shall apply.
Abatements agreements for a Mixed Use Development prajects for up to 10 years
are subject to City Counci[ approval. The applicant may apply with the Economic and
Cammun�ty Devefopment Departmenf for such a�atement.
Years '� ti�roe�ah � of the T'ax Abatemeni �areeme�i
Mixed Use Deveiopmeni projects shall i�e eiigtble for � 00% abatem�ni of City ad
valorem taxes for the first five years of the Tax Abatement Agreement upor� the
sa#isfaction of the following:
a. Residentia! uses in the praject canstitute 20 percent or mare of the totai Gross
Floor Area af the project; and
b. �ffice, eating and ent�rtainment, andlor retail sales and service uses in the
prajeci constitute 10 percent or more of the tofal Gross Floor Area of the Praject;
and - -
c. A riew mixecf-use devefapment project constructed af�er NEZ designation must
have a minimum Capital In�estmenf of $200,000; or for a rehabilitation project, ifi
�must be rehabilitated after NEZ designatian. EEigible Rehabiiitation costs on the
property shall be at {east 30°/fl af the Base Value of the praperty, or $2�0,000,
which�ver is gTeate�-.
Years 6 throuqh 14 of the� iax �,batemenfi Aareemen�
Mixed Use De�elopment projecfs shall be eligible �or 1-1Q0°/a abatement of City ad
valorem taxes for years six thraugh ten of the Tax Abatement Agr�ement upon the
satisfaction of the following:
a. Residential uses in the project constifute 20 percent or more of the total Grass
�'�oor Area af the project; and
b, Office, eating and enfertainment, and/or retaif sales and service uses in the
project canstit�te 10 percent or more of fhe totaf Gross Floor Area af the project;
c. A new mixe�-use development project const�ucted af�er NEZ designation must
have a minimum Capital fn�estment of $200,00�; or' for a rehabilitatian project, it
must be rehabilitated after NEZ designation. Eligible Rehabifiiatiort casts an the
properly shalf be at •feast 30% ot the Base Vaiue of fihe property, or $20�,000,
whichever is greafer; and �
d. Any other terms as City Cout�cil of the City of �ort Wor#h deems appropriate,
including, but nof limifed fo:
1. ufiiization of Fort Worth campanies for an agreed upon perceniage of the
total costs fior construction contracts;
2. uiilizatian of cer�i�ied minority and women owned business enterprises for
an agreed upan percentage of the total casfs for construction contracts;
3. property inspection;
4. commif to hire an agreed upon percentag� of Fort Worth r�sidents
5. cammit to hire an ag�'eed upon percenta�e of Cert#raE City residents
6. landscaping;
7. t�nant selection p(ans; and
8. managem�nt plans.
E, A�AT�IV��N� GUIDLl�[N�S
1. If a NEZ is lacated in a Tax Increment Financing District, City Council wil! determine
an a casa-by-case basis if the tax abatement incentives in Sectian �II will be affered
to eligible projects. Eligible projects must meet a[I eligibiliiy requireme�ts specified in
Section 1[I.
2. In arder to be eligibEe fa apply for a tax abatemenf, the property awnerldeveloper
musf:
a Not be delinquent in paying praperty taxes far ar�y proper[y ow�ed by th�
ownerlde���oper ; and -
b. Nof f�a�e ar�y City af Far� Wortn liens filed against any prop�rty owned by fhe
applicant pra�erty ownerldeveloper. "Liens" inciude, but are not limited io, weed
liens, dem�lition liens, baard-uplopen structur� li�ns and paving liens.
3. Properties under a contraet for deed are not efigible for tax abatemenf.
4. Once a NEZ property owner of a resident�al property {including multi-family) in the
NEZ satisfies the criteria set fflrth in Sections IILA, E.1. and E.2. and app[ies for an
abatemenf, a property owner must enter ir�to a tax abatement agreement wit� the
City of For� WortF�. Tne tax abatement agreement shall automatically terminafe if th�
proper�y sub�ect to the tax abatement agreement is in violation of the Ciiy af Fort
Worth's Minimum Building Standards Cacle and the owner is convicted af such
violation.
5. A tax abatement granted under the criteria set forth in S�ction IlL can only be
granted once for a�roperty in a NEZ for a maximum term af as specified in the
agre�ment, lf a prvperfy on which tax is being abat�d is sold, the City wilf assign the
tax abaf�ment agreemer�t for tE�e remainmg term once tF�e new owner submiis an
a�plication.
6, A praperty awnerldeveloper of a m�ltifami�y development, commercial, industriaf,
comm�anity facifiti�s and mixed-use development project in the NEZ who desires a
tax abatement under Sections iff.B, C or D must:
a. Sa#isfy the criteria set forth in Sectiarts 1lI.B, C oT D, as applicable, and Sections
I f I. E.1 E.2; and �3. ar�d
b. File an applicatian witi� t�e Housing Department or the Econamic and
Community Developmen# Department, as appficable; and
E:3
c. The property owner mus# enter into a tax abatement agreement with the Cify af
F'art Worth. in addition to the at�er terms of agreement, the tax abatement
agreement shall provide that the agreement shall automat�cally ferminate if the
owner receives one convictian of a violation of the City af Fort Worth's Minimum
Buifding Stanciards Code regarding the proper�y SU�1j�Ct f0 the abatement
agreement during the term of the tax abatement agreemer�t; and
d. If a prop�rty in the NEZ on which tax is being abated is sold, the new owner
may enter inta a tax abat�ment agreement on t�e property for the remain�ng
term.
�. A��LICATION �'��
The application f�� far res�dential fax abafements governed under 5eciion 1lI.A is
$25.
2. The application f�e far multi-family, commercial, industrial, commuriity fiacil�ties and
mix�d-use development projects gaverned �ar�der Sections f II.B, C.1 and D.1, is one�
half of one percent (0.5%} af the proposed pra�ect's Capital �nvestment, nat ta
exceed $1,000. The appiication fee wilf be refunded upon fssuartce of cer#ificate of
finaf aecupancy and once the property owner enfers intfl a tax abatement agr�ement
with f�te Ci�fy. Otherwise, the Appfication Fee sha�f not be credited or ref.uncfed to any
pa�ty for any reason.
11l. I��� V9IAIVERS
A. ��1CI�L� REC�PIENTSl�R4���TI�S
1. En arde� to be eligible to apply for fee waivers, th� properly ownerldeveloper must
a. Not be delinquent in paying prope�y taxes for any property owr�ed by tF�e
awnerldeveloper or appficanf; and
b. Not have any City liens fifed agains# any property owned by the appficant pro�erty
ownerldevefoper, including but nat iimited to, weec� lierts, demolition li�ns, 6oard-
uplopen structure liens and pa�ing liens.
2. Praperties under a confracf far deed are not ��igibie for development fee waivees.
3, �n order for Develo�ment Fees andlor Impacf Fees to be waived for new constr�ction
oT r�ha�ilitation projec#s located in the NEZ, a property owrter must s�bmit an
application to the City.
Aoproval of the apnlicaiian and wai�rer o� fhe fees snafl' na� k�e deemed �o be
approval o� anv aspect of fhe proiect. �efore constrerc�ion, fhe apnlican� must
ensure that fhe proiect is foca�ed in fhe correcf zoninq district.
�. �EV�LO�iV�EW'C FE�S
Once the Appiication far NEZ Incentives �as been approved by the City, the fiollowing
fees far servEces performed by the City of Forf Worth for �rojects in #he N�Z are waived
for new construction projects or rehabilitafion projects that expend at least 30% of the
Base Value of the prope�fy on Efigible Rehabilitaiion costs:
0
1. All building permit relafed fees (including Pla�s Review and Inspections)
2. Plat applicatian fee (including concepf plan, preliminary plat, finaf plat, short form
replat)
3. Board of Adjustment application fee
4. Demolition f��
5. Strucfure mo�ing fee
6. Commur�Ety Facilifies Agreement (C�A) applicafion fee
7. Zoning applicatian fee
8. Street and utility easement vacatian application fee
Qther develapment related fees not specifFed above will be considered for appro�al by
City CaUncif on a case-by-case basis.
c. rm�,�c� ���
1. Single family and multi-family residentia[ development prnjects in t�e NEZ.
Automatic 100°/a wai�er of wafer and wasfewater impact fees wil! be applied.
2. Commercial, industriai, mixed-use, ar community #aci�ity devalo�ment prajec�s in the
N EZ.
a. Automatic 10a% waiver of water and wastewater impact fees up to $5�,000 or
equivalet�t to two 6-�nch meters for each commercial, industrial, m�ced-use ot'
community �acility development project.
b. if the project req�ests an impac� fee wai�er exceedir�g $5�,000 or requesting a
waiver for larger andlor more than two 6-inch mster, then City Council appro�al is
required. Applicant may request th� additianal amount af impact fiee waiver
through the Housing Department. . .
V, R���AS� O�' Cl�l( LI�NS
The folfawing City Eiens may be released for eligible properties or projects in a NEZ:
A. W�ED LIENS
The faflowing are eligib[e to apply for release of weed li�ns:
1. Single unit awners performing re�abi[itation on their proper�ies.
2. Builders or developers constructing new �or�es on vacant lots.
3. Owners performir�g reha�ilitation on multi-family, commercial, industrial, mixed-use,
ar cammunity facility properties. .
4. Develo�ers canstructing new m�a[ti-family, commercial, industr�al, mixed-use or
community facili#y developm�nt prajects.
�. D�M�LIi[ON �I�NS
�0
�uilders or c�evefapers de�elopin� or rehabilitating a properiy are el[gible ta apply for
release of demoli�inn fiens for up to $30,400. Release of �emolition IEens in excess of
$30,000 is subject ta City Council appro�al.
C. �OARD-UPIOPEIV SiRU�7URE LIEWS
The following are �ligible #o apply for release af board-uplflpen structure liens:
9. Single unit own�rs pertorming rehabilitation on their properties,
2. � Buifders �r developers constructing new single family homes on vacant lats.
3. Own�rs perfarming rehabilitation on muE#i-family, commercial, industrial, mixed-use,
or community facility properties.
4. Developers cons#ructing multi-famiiy, commercial, inciusfrial, mixed-use, or
community facifiiy pro�ecfs. �
�}. PAVING LI�NS
The follawing are e[igible to apply for re[ease af paving liens:
9. Single unit o.wners perfarming rehabiiitation on their properties.
2. Bui��ers or dev�[opers canstrucfing new homes on �acant lots.
3. � Owners performing rehabiiitation on multi-family, commercial, industrial, mixed�use,
or community facility properiies,
4. Develapers canstructing multi-family, commercial, industrial, mixed-use, or
community faciiity prajects.
�. €I�ICI�L� R�CIPI�NTS1pROP�RiI�S
1. ln order to be e[igible to apply for release af City liens, the �roperty ownerldeveloper:
a, mc�s# nof be definquent in paying praperty #axes for any properEy owned by
the ownerlde�e[oper �.
. b. must nof ha�e been subject to a Building Standards Commission's Ord�r of
Demaiition where the proper�y was demolished wi�hin the [ast five (5) years; and
c. musf not ha�e any City of F�rt Wor�h liens ffed against any o#her property owned
by the appficant property ownerldeveloper. "Liens" includes, buf is not limited to,
weed liens, demafition liens, board-uplopen siructure liens and pavi�g liens.
�. Properties under a contract for deed are not eligible for release of City liens.
VI. �ROG�DUR�L ST�PS
�4. AF�PLICAiION SUBNiISSIOiV
The applicant for NEZ incentives under Secfions fII.A, B, C. D., !V, and V must
complete and submit a City ofi Fo� Worth "Application for NEZ Encentives" and pay
the appropriate appiication fes to the Housing Departrnent or the Econamic and
Community Development Departrrient, as applieabfe.
11
2. The applicant for inc�ntiv�s under SectEons III.C.2 and D.2 must also camp3ete and
submit a Gity of Fort WorEh "Application far Tax Abatement" and pay the a�propriate
appfieation fee to the �conomic anc{ Community Develapm�nt Department. The
applicaiion, �ee, review, evaluation and a�praval will be governet� by City af Fort
Worfh Tax Abatement Policy Statement for Qualifying ❑evefo�ment Projects.
�. G�R�l�IGATIONS 1�QR AF'PL1CAiIQ�S lJ�1D�R SECTIOMS t[I.A, �, C.1, D.'i, IV,
AN D !�
'I. Tf�e Housing Department wiil review the applicatEon for accuracy and
completeness. Once complete, Hous�ng Departmenf will certify eligibility of the
application based on the criteria set forth in Section III. A, B, C.1, D.1, IV, and V of
this policy, as applicabfe. Once an application is certified, �he HousEng Department
wil[ inform a�propriate departments administering the incentives about the certified
appfication. An orientation meeting with City ciepar�ments and the appiicant may be
sc�eduled. T}�e deparim�r�ts includ�:
a. Housing Department: properfiy tax abatemen# for resicfe�tial properties �nd multi-
family development projects, release of City liens.
b. Econamic and Community Develapment Department: proper�y tax abatement for
commercial,
industrial, comm�niiy facilities or mixed-use development projects.
c. Development Depar�ment: development fee waivers.
d: Water Department: impact fiee wai�ers.
e. Other appro�riate departments, if applica�le.
2. Once Develapment Department, Water Department, Economic and Community
Develapmenf D�partment, andlor other appropriate department receive a c�rEified
applieation from the HousEng Department, _ each de}�arkmentloffice shall fil[ atat a
"Verifica�ion af NEZ Incentives for Certified NEZ Inc�niives Applicatian" anc! return i#
to the Housi�g Department for record keeping and tracking.
C. /��LIC/��ION RE1/�EW API� �1IALUA�1��1 �OR A,PP�lGp►TIOPlS
1. Praperty Tax Abatement for Reside�ttial Properties and M�I��-family Development
Projects � � .
a. For a completsd and certified a�plicatic�n for no more than five years of tax
abatement, wi�h Council approval, the Cify Manager shall execute a tax
a�atement agreemenf witt� the appEicant:
b. Far a campleted and certified multi-family de�elopment project app[icafion for
more ff�an fi�e years of tax abatement:
{1 } The Housing Department will evaluate a compfeted and certified app[ication
based an:
(a) The praject's increas� in the value of thE tax base.
(b) Costs ta the City {such as infrastructure participation, etc.).
(c) Percent of constructi�n contracts comrnitted ta:
(i) Fort Worth based firms, and
(ii) Minority and Vllomen Owr�ed Busir�ess Enterprises (MIWBEs}.
{d) Other items which may �e negotiated by the City and t�e applicant.
12
(2) Consideratiori by Cauncil Committee.
Based upon the outcame of the evaluation, Housing Deparim�nt may present
the application to the City Council's Economic Dev�lopment Commiftee.
5hould the Hausing Department present the applicatian to the �conamic
Developrrient Committee, the Committee will cnnsider the applica#io� af an
open meeting. Tne Committee may:
(a) App�ove the application. 5faff wilf then incorporate the app[ication into a
tax abatement agreement wnich will be sent to fhe City Council with fE�e
Commi#tee's. rec�mmendation to appro�e the agreement; or
{b) Request modifications ta #fie applicafion. Housing Department staff wiEl
discuss the s�ggesfied modifEcatior�s w�th the appficant and ther�, if tF�e
requested modifications are made, resubmit fhe rnodified application to
the Committee for consideration; or
(c} Deny the applicativn. The applicant may appeal fhe Cammitt�e's finding
by requesting the Ciiy Council ta: (a} disr�gard the Cammiffee's finding
and (b) instruct city staff ta incarp�rate the appfication into a tax
abatement agreemen# for fu�ure consideration by the City Council.
(3} Consideration by the City Councif
The City Council retains so[e au#hori#y to approve or deny any fax abat�ment
agreement ar�d is under no abligation to approve any tax abatement
appfication or tax abatement agreement. The City of Fort Worth is under no
obGgation fo pro�ide tax abatement in any amaunt or vaiu� to any applicant.
c. Effective Date for Appra�ed Agreements
AI� tax abat�ments approved by the Cify Cauncil wil! becom� efFecti�e on
Jan�ary 1 of tne year fo�lowing the year in whic� a Cer��ficate of Occupancy (CO)
is issued fior the qualifying de�elapment project (unless otherwise specifEed in the
tax abatement agr�ement). Uniess ofherwise specifed in the agreement, taxes
levied during the construciion of the project sF�afl be due and payable.
2. Properiy Tax Abatement far Commercial, Indusfriaf, Community Facilities, and
Mixed-Use Develapment Projects
a. For a compfet�d and certified application for no mare than fi�e years of tax
abatement, with Council approval, the City Manager sha[I execute a tax
abatement agreement wiih the appiicanfi.
b. �or a complefed and cer�ified application for more than five years of fax
abatement:
{1} The Economic and Community Deveiopment Dep.artment wil� evaluate a
com�leted and certified application based on: �
(a) The project's increase in ihe value af the tax base.
(b) Cosfs to the City (sUch as infrastrucfure par�icipation, etc.).
{c) Percent nf constructiort contracts committed to:
(i) For� Worth based firms, and
(ii) Minority and Women owned Business Enterprises (M/WBEs).
(d) Other items which may �e negotiated by the City and the applicant.
'{ 3
(2) Consaderation by Council Commit#ee �
Based upon the outcome of tne evaluation, the Economic and Community
Dev�lopment Department may present the application to the City Council's
�conomic De�elopment Committee, Sho�ld the Eca�omic and Cammunity
Develapment Department �resent the appficatinn to the Economic
Development Committ�e, the Committee will consider the application af an
open meetir�g. The Commifte� may:
(a) Approve the app�ieation. Staff will fhen incorporate the ap�iication inta a
tax abaterr�ent agreem�nt which wil! be sent ta the City Council with the
Committee's recommendation tfl approve the agreemen#; or
(b) Request madifications to the applicatian. Ecanomic and Community
Develo�men# Depar�ment staff will discuss the suggested modifications
wiih the applicant and then, if the requesied modifications are made,
resubmit th� mocfified application to the Commitfee for consEderation; or
(c) Deriy the appfication. The applicant may appeal the Committee's �nding
by requesting the City Cour�cil to: (a) disregard the Cammittee's finding
a�d (b) instruct city staff to incorporate t�e application into a tax
abatement agreement for future cansiderat�on by th� City Council.
(3} Consideration by the Cifiy Council
The City Council ratains so�e aufharEiy t� approv� or deny any tax a�aternent
agreement and is under no � obiigation to approve any tax abatement
application or tax ahatement agreement. The City of For# Worth is under na
obligatior� fio provide tax abatemenf in any amo�nt or vaiue to any applicant.
c. Effective Date for Appro�ed Agreemen#s
All tax a�atements appraved by the City Council wifl become effecti�e on
January 1 of the year following ti�e year in which a Certificate of Occupancy {C�)
is issUed for the q�alifying develo}�m�nt project {�nless ofherwise specified in the
tax abatement agreement). Unless otherwise specified in th� agreement, taxes
le�ied d�ring the construction of the projec# shal! be due and payable.
3. Development Fee Waivers
a. Far certified applica#ions of c�evelopmenf fee waivers tF�at da not require Council
aP�roval, the Development Department will review the certified applicant's
app[icatian and grant apprapnat� incentives.
b. For certified applications of development fee waivers that require Co�nci!
approval, City staff will raview fh� certified applicant's appl�cation and make
appropriate recommendat�ons to the City Council.
�. Impact Fee Waiver
a. For cer�itied app�ications af impact fee waivers thaf do not require Council
approval, fFte Water Depar�ment will review the certified applica�tt's application
and grant appropriate incentives.
�4
b. For certified applications of impact fee waivers that require Couneil approval, the
Water Department will review �he certified applicant's application and make
appropriate recommendations ta the City Council.
5. Release of Ci#y Liens
For certified applicafions of release of Cify�liens, the Housing Department will release
the appropriate liens.
VII. �iI��R RLILGS ��RiAININC TO PROP�RTY TAX A�ATEii��A��
�►. R�CA��UR�
If the terms ot the tax abatement agreement are not met, the City Cauncil has the right to
caneel or amend ihe abatement agreement. in the event of cancellaiion, the recapture af
abated faxes shall be limited #o the year{s) in which tha default occurred or continued.
B. Cf�S��CYiQN AND hINANCIAl� 1l�RIFICAiI�i� FOR �A�lLTI-�AIVIILY, COiV�IV➢ERCIALI
IAI�USiRIA�, CO�[MUN1�Y FACfLITl�S AN� �fl1X���USE D�1I��OP111��N�
PROJFCTS
The terms of the agresment shall include fihe City of Fart Worth's right ta: {1) r�vi�w and
verify the a�p.licant's financial statements in each year during the life of the agreement
prior fio granting a tax abatement in any given year, (2) canduct an on si#e inspect[an af
the projeci in=each year during tF�e life of the abatement to verify com�fiance with th�
terms of the fax abatement agreement.
C. �1l,�►LUJ�TfOIV ��� MULTI��AIUIILY, CQIVa�ifY�RCIALI INDUSiI�IAL, GOIVf[V�UN[iY
FACIL[T1�S A�dD MIX�DoUS� D�'I���OPNf�iV f PROJ�CiS
Upon. completion of construction ofi the facilities, t�e City sha[I na less than anr�ually
e�ai�tate each project recei�ing abatement to insure compiiance with the terms of the
agreeme�t. Any incidents af non-compliance wifl be reported to the City Councif.
On or befare �ebruary 'Is�E af every yeaT during �he lif� o� ��� agreemenfi, any
fndi�idual or en�ity receiving a tax abatemeni from the Ci�y of �art Wor#h shall
prQvide in#orma�ion and documentatiio� which details �he property owner's
cam�liance with the ierms af th� respective agreem�ni and shall certify thafi ii�e
aw�er is in co�npliance with each applicable 4erm o� the agreerrtent. �'ailure ta
report fhis information and fo provide �he required cer-tificatian by the above
deadline shall resu[i in cance[lation af agreemen� and any fiaxes abated in the
prior year being du� and payable.
D. �FF�CT OF SALE, ASSIGNM�IdT OR LEASE O� �ROP�RTY
If a property in fhe NEZ on which tax is being abated is sold, the new awner may ent�r
into a tax ahatement agreement o� the properiy for #�te remaining term. Any sale,
assignment or lease of the property which. is not permitted in the tax abatem�nt
ag�-eement resuits in ca�celfation of the agreemenf and recapture of any taxes abated
after the�date on which an unspecified assignmenf occurred,
15
v�ii. OTb�R [NC�NTIV�S
A. Plan reviews of proposed devefapment projects irt the NEZ wilf be expedited �y tF�e
Development Department.
B. TF�e City Councii may add the followEng incentives to a N�Z in the Reso�ufion adopting
the NEZ:
1. Municipal sales tax refund
2. Homebuyer� assistance
3. Gap financing
4. Land assembfy
5. Canveyance of tax fareclosure proper�ies
6. Infrastrucfur� improvements
7. Support for Low Incame Housing Tax Credit (LIHTC) applications
8. Land use incentives and zoning/building cade exemptions, e.g., mixed-use, densify
bonus, parking exempiion
9. Tax Increment Fir�ancing (T1F}
10. Public [mprovem�nt District (PI�)
11. Tax-exempt bond financing
12. New Madel 6locks
�3. �oan guarantees
14. Equity investments
� 5. Other incentives that will eff�ctuate ihe intent and purposes of NEZ.
�
�xhibit B
3124 €astcr�st Court Lot 4, Block 1 Eastcrest Addition
Exhibit C
Pro�ect Description
Single Family Residence
90% Brick Veneer
1500-1900 square feet
3 �edrooms/2 Baths
Two car garages
Arched Windows at Front of House
Front Yard I�andscaped
Microwa�e with built-in Vent-A-Hood
Wood Burning Fire Place
Built-in Security System �
Computer Area with CPU & Printer with a dedicated telepl�one line
Vaulted Ceiling in Master Bedroom ar�ci Li�ing Room
Frer�ch Doors
Separate TublShower in Master BatY�room
Garden Tub in Mater Bathroom
4
iQ�T �ORTH '
���,� ��'�- �
Application No. �� � �LL1 i � �
cxz� oF FORT woR�rs
� �xG�ox�o�n �m�owE�NT zo� �z� PxoGR.�vr
PROJECT CERTTF�CA.TIOl�T .A.YPLZCATION
FO]�M B FUR IP+T'�ESTOR OWNERS {SINGLE FAMIL�' ONL�
L APPLZCATTON CHECK LIS�'
�.Please sub�it the_following documentation wit� each pxoperty requested:
� A co�pleted''applicaii��'ia�tii���: `� 5���:�''-'� �
_ a h' _
�_. �[].. •.� A Iist af;all:p��pex�tie��ow�ed,by the applicant in Fart Worth �
�...- . ,� � ,� s� - � - .� .
� Appli�ation fee of �25.�� ���or ta� aha�en��enf applications an�y)
�] Proof of ownership, sucla as a v�arranty deed., affidavit of heirship, dr a�robated wilI OR
. �t�dence nf site�control, sueh. as option to biiy - ' .,
❑ Title abstract=of t,�e property {-op�io�ai}� � = : , . • '
For Rehabili�at�an Pr�oiects Unlv: � �
❑ �or a project i� the planning stage, pI�ase submit a cornr�leted set o�`Reha.�ilitatian
.� �(�.e�odel� P1au and. a list of eli�ib�e zehab�ixatzori .��sts*: �(fo� ap�lications o� ia� �•�
abatements and deveIopment fee vvaivers �or re�ab prajects onlp)
❑ Onoe a project is coznpleted, pleas� subm.zt proof of �e eligi.ble rehabiIita#ivn costs� such
� as ir�voices, c4ntrac�s, or receipts. (for applica�ions o�' ta.� aba�ements amiy) �
* Eligible xe}zabilitatinm includes onl� physical zmprovcxnants to real property, It does 1vOT ine�ude perso�a.l
propexty such as fur�aiiure, appliances, equipme�t, and/ar supplies. Tota1 eligible zehabiiitation costs sha� equat
to or exeeed 30°l0 of the Ta�ant Coranty Appraisal District (TAD}. ap�raised value of the strncture dnr�zzg the
year zehabziita.tian dccurs. -
� �i APPlicant / AGEN'I` INFDRMATY�1'�I
e ..7 .
1. AppZicanf: ��,r ��,� ��vst� .�j,�� ��o�T o�ntact Person: ����� ���
3. Address: � •
��D� 7Sdr� .��l�it3 ��''" �t� � I�Z. - :
Sfreet ity. Sta�a. Zip
4. Phax�e no.: �I � � �7�-�3°I� � �. �ax �o.: ,�1T 8� ��
6. Email: j�f� �p� 5,f //�y �t
���(�o 11����1'tii+�"7�ii�'# r f �i tiS _ '
%. 1��EIlt �x� �lly� '
8: Address: . .
. - � St�reet
. , �.
9. Phone no.: . •
11. L�ma.i1:
� City State - Zig -
� 0. F'aX No.: �
.. :�.f �Tou need f�rf�er infar�zatioxi or clarifcat�a�, piease co�tact Ch�xi-� Lu a� (��7) �7I-7381 or
Bea Cura at {$1']') 87Z-8036. -
�
1
- �ORT�ORTH
�
III. PR4PE�tTY L�'LIGI�BIL�TY �� — — � � — — — —
1. P�ease list down the addresses and legal description.s of the property where you axe app�yin�
fox �+TEZ iEncen�ives and other praper�ies you owa� in Fart Worth. Attach metes and baunds
descript�on if ano address or ]egai descriptian is a�ailable.
t ,
Table 1 Prop�rty' Ownership,
Address - - - Zip -_� __ LegaI Descripiaon -- �
+� � . Codc ����,ivisx.on Lot No. S1Qek Na
�
_ � :_ - � . I I
+ {Project Loca�ion) _ - - - — - - �- I
� ' �7�% . � I . �
. � _ . � . � '..
I
�. - -- - -_ �.�'° .��, ��" �✓�,� ��'.� �'� +
� . � .
�
.- � . - - - -+ - -- -�� _ - - - �
-- � +•
- - � - ' - -- . I �
(Please atiach addiiinnal sheets of paper as needed.) ' � •
�� � 2. Fc�r �eacI� prapez�ties listed i�n TabI��1;•please ch�e�ek the boxes below to Ync�xcate-if: . �•�
� there are taxes due; or � � � . .
� tiiere aare City liens; or �„! � ,
� yau have bee� subj�eat tv a Buildin� Sta�dards Cr�rnmassion's Clyd�r .of Demolitian where the
property was demolished within the las� five years. �� �
Talile � Pro�aerty'I'axes aud C�t.y �,�ens
� .� A:c�dress Property f Cify Li�ns on Paroperty - ��
. - .':: _-, -° ��� - �= _ ' Taxes •�xV4':eed Boa�d-up/OpEn ..Demo�ition� Paving .. Or.der bf., �:�.
„� .., _ ` � . ;�- , -.. `=DuE �_ � }� Lsens + ''Siucture Liens_ •� Tyiens -� . Liens _ Det�olifiiur� j � . . ,
�jI - . -- - ❑- � �—� — -� . -- ❑ - ❑_ ❑ ' .
y'" k -z� I'", � �p" ' � _ � a t�?_ :!� Y;;s� `-❑Y� � #: , � t� + � A - . i�� ` 4 _' � �
#. .' _ .' _;e�a' �.14 �'�_' ' '___ � r � � • — \ � �.'
- . . -_ _ ❑ . __ � � _ ' � ' I _ , � — � � —� ❑ . .
� �.. ._ . . . � � I � � � I ❑ '❑ _' � —
�
�
� . . . � � -� -- � - o � ., - . : .� ..+_ � _� o .
f _ — 0 ��.: ad— r �.. -�._ -- . �_ -C7� - — CT _ ❑
�
� - - 1-0 _;o�._o-_ _o_ o'__o_
�.
._ _ _. .. _ .�. ._ �
.{Piease attach ar�ditaonal sheets oi p�per as needeil.) �
3. �io you ovvn other properties uz�der othe�- names? ❑ Yes �..�To
��f Yes, ple�se s�ecify . .
4. X}oes ihe proposed deveiopmen# conform with City of Fort Worth Zoning? �[] Yes ❑ Na
�� 5. Is�ihis property tinder a conixact for deed7 [) Yes � �No
2
. 1
�ORT�ORTH
6. Has fihe consiruetion on the pz-operty been cornpleted or is it in �he plaz�ning stage? WXcat
type of construciion? : �
❑ Constrr�cfaox� Cam�Ieted � Under Consi:ruction �C In. FlaBnin� Sta��
❑ New Ccrostn�ction 0 Rehab ❑ New Constnicti.on� Rel�ab �New Constructian [] Rehab
7. Tf t�e cflnstruction on the properiy has been complefed when this applica.t�on is submif�ed,
wlneri was the work don�? �
8. -�f it is a re�ab property, daes (oz- will) the rehabilitation wark* done vn ihe property equal
to a� Ieast 30°l0 0£ the Tarrant Caunt�y .Appraisal ➢istxxct {TAD) assessed value of fhe
structure during the year rekiabilitat�on (remodeled) occurred? ❑ Yes � Na
*On1y physical irr�proverr�en�s ifl real property is eligib�e, DO NOT include persanal property
such as furniiture, appl�ances, equigm�nt; andlor suppIies.
�T._� ;� YNCE�TIV�S —� — — — — — — -- —, . .
. .. _ _, �, . . . . , .
_ �.. W�at`incenti.r�es are yo� applying faar?; � _ � � . - .
� M�iicivat P�ra�rertv Ta� Abatements � ' ' � '
• De�eloumenf �ee Waivers � � �
�' A.11 built�ing per�ait �eIatea �fees tii3cludir�g Plans Review a�d Inspecfiions} �
How zxiuch is youx �tal development costs? $;�� ��'�i,� � .
� Ho�v much is the total square %otage of yai�r proj ect? � squaire feet �
..,- �� Plat appiicatian fee (in�Iuding concept plan, preliminary plat, fina� plat, short fozrn�replat)
� Board o� Adjustrnent applic�.#on fee
❑ DemaI�tivn f�e
"_ [] �iri�.cture rnoving fee � �
., _ , � �omm�ni�l3; Facili�ies:A�reezz�n�(CFA} appiication:f.ee�. � , - ... - . - �. . .. �
, � � �oz�ing app�lication fe�e • - . � . - , : � . .
_ _ � Street and utility easeznent
, .
ximnact F�e'WaS�vers . �
�. Im�'aci fee waiv�r ��
Meter Size ,�� Hvw many meters? �{�v� . '
� �.ele��e of Citv Liens "
❑ Weed li�ns
- ❑ ' ]3oard uplopen sfiructure liens,
� ° `' [� � Derxzolition Iiens . �
_ • .❑ Paving liens — —, — -- , — — — . -- — , . — -- —
!
,-
3
F�aRT WORTH
i
v. ACKNOWLEDGMENT� - - -
I hereby certify thai the infozxnation provi.ded is -�-ue and accurate to tlze best of rny lrnowledge. I hereby
acl�owledge t�ai Z have receix�ed a copy p f�Z Basic �ncentives, which overns the
abaternents, fea�waivers az�d release of City Iiens, and that any VxOLATION af the tern of the I�IEZ
Basic Ir�centives or MISREpRE�g�ATI�N shalI constitute ground$ �Qr rejec�ion of an appIication or
terrnination of incentiv�s at the discretion o#'�e City. .
0
x undersiand t�ai tk�e approva2 af fee vvaivers and other incentives shal� not be deamed to be approvaI of
any aspeci of the project. I understa.nd ihat I am responsible in obtai�zing reguired permits and
anspections from the City and in ensuring the project is locateci in the correct zoning district.
I agree to provide any additiana] informatioan for determining eligib�7rt�, as requested by the Ci .
�Y
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- Electronic version ofthis faz��xs available byrequest. Please oaZl 817-$71._73gI to request.a capy.
For OfficeUse Only . _" __ -- — --- -- -
� �:�RP�cat�on Na., �'j��-`�� �' � which NE�? -_.
. �� Confarznwith�Zonirzg? °'�.Yes�ONo
TAD ID . - � �. Cantract for deed2 . ❑ Yes � � -' "
. � No ' T�e? � �].New constru"ction ❑�eYrab
Construction completion date? � Sefare I�TEZ -
[� •After NEZ Ownership � � Yes [� No
Rehab at or hi gh e r t h a n 3 0%? ❑ Yes ❑ Nc� Consistent with the N�Z pIan7
Tax curreut on this. o e � � Yes `0 No`
�' P�i' • � I'e�s ❑ Na Tax curreiit on other ra erti�s? `
Gity iiens on t.�is pr�peny? � . : � . � � Yes � No : � .
Ciiy liens'on•oiher properties7
� Weed liens ❑ Yes � Na . V4�eezi �iens . .
❑ Yes � No
� Baard up/open structztre Iiens ❑ Yes � No �. � -
Board-up/op�n stt�cture �iens [] Yes � Na �
.� I3erao�ition li�ns ❑ Yes kC] Na � Demolition liens
� Paving �iens ❑ Yes �] Na
❑ Yes [� Na a p�,��g Iiens ❑ Yes � Na
� Order af demalition ❑ Yes � Na o Order af demoIition
Certif ed? . ❑ �'�� � No
❑�'es ❑ No Certi�ied by . Daie cert�cation issued7
If nc�t c�rtzfied, reason � ����� � �
Referred to: [�Ecanorr�i.c Development OHousizi - - - .
_. - . _ ._ , , _ _ — — g �Development �,Water — �Code �TPW
Revised August 23, 2�Q1 . � , . — —�
�
�'ity of 1�'oYt Wo�ih, Texas
Mayor and Counc�l Cornmu�n�cat�an
DATE R�F�FiENGE i�[JMBER LDG NAME
� 91'10102 C�� 9�3� �
QSNEZ
i'AG�
o# 3
' SUBJECT AUTHORlZATION TO ENTER INTO TAX ABATEMENT AGREEMENTS W1TH THE
FORT WORTH HOU5ING FiNANC� C�RPORATION F�R THE DEVELOPMENT �F
SIXTEEN SINGLE-�AMILY HOMES FOR THE EASTCREST SIJBDIVl514N LOCATED
IN THE STOP 51X NEIGHBORHOOD EMPOWERMENT Z�NE
I.��L��uL�►�7s��C�1►�
It is recommended that the C�ity Cauncil:
- 1. Appr�ve the �ort Warth Ho�sing Finance Corparation (FVIIHFC) app[icaiion for Mur�icipal Property
Tax Abatement for the Eastcrest Subdivision; and .
2. Find that the statements set farth in fihe recitals of fhe attac�ed Tax Abaiement Agreements (tne
Agreemer�ts) with FWHFC are true and correct; and �
3. Au#horize the City Manager ta enter into tax abatemer�t agreemer�ts wit� FWHFC for the development
of sixteen single-family �omes in the Eastcrest Subdivisian lacated in .tf�e Stop Six NeigF�borhood
Empowerment Zone (NEZ), in accordance wiih the NEZ Basic Inceniives.
DISClJSSION:
The F'WHFC is #�e deve�laperlowner of the Eastcrest 5�'bdivision in the 47D0 61ock �of East Berry Street
a�d Eas�crest CourE lacated in NEZ No. 1: �
The FWHFC applied for municipal property tax abatemen� ur�d�r th� NEZ Basic lncentives (M&C G-
132�8R dated June S, Zaa�, M&C G-13580 dat�d April 2, 2002, as amended, and M&C G-��fi62R
dated July 23, 2Q02, as amer�ded}. The Housing Department has reviewed the application an� cer�i�ied
that the property meets the eligibi[ity cri#eria to receive NEZ municipal praperty tax abatement. The
NEZ Basic Incentives off�rs a five-year municipal property tax abaternent of the increased vaEu� of
impro�ements to a de�eloperlowner of any new home constructed�witE�in a NEZ.
, Upon execution of t�e Agreements, the total assessed value of each home in tl�e Eastcrest 5ubdi�ision
used for calculating municipa� pro�er#y tax will be frozen for a five-year pe�iod, starting on January 1, af
the year falfo�n+ing the year in which tF�e home is sold, at the pre-improvem�nf value of each lo# as defined
by the Tarrant Appraisai District (TAD) on January 1, 2002, as follows:
� Pre-improvement TAD Value of Impro�ements $ -a-
a. Pr�-Improv�ment TA❑ Value of Land $1,040�pe'r lot:
� Tatal F're-Improvement TAD Value $1,fl00 per lot
City of .�F'o�t Y�'arth, Texas
Mayor ar�d Councsl Corr�munic��io�
DATE REFER�NC� NUMBER. LOG I�AME PAGE
91�f 0102 _Cn� 923� �-- 05NEZ �- 2 of 3
su��ECT � AUTHOR1ZATfON TO ENTER lNTa TAX ABATEMENT AGREEMENTS WiTH THE
FORT WORTH HOUSING FINANCE CORPORATfON FOR THE DEVELOPMENT O�
SIXTEEN SINGLE-�AMILY HOMES FOR THE EASTCREST SUBDIV1510N LOCATED
IN THE STOP SIX NEIGHBORH40D EMPOWERMENT ZONE
Atfdress
39 00 Eastcrest Court
310� Eastcrest Cour�
3�04 Easi�rest Court
31 �5 Eastcrest Court
3� 0$ Eastcrest Courk
31 p9 Eastcras# Court
3� i 2 Eastcrest Cour�
3113 Eastcrest Courk
3115 Eastcrest Court
312a Eastcrest Caurt
3124 Eastcresf Caurt
3� 28 Eastcrest Cou�t
3132. Eastcrest Court
3133 Eastcrest Court
3136 Eastcrest Court
3137 Eastcrest Gour�
Leqal Description
Lot 10, Block 1, Eastcrest Addition
Lot 6, Block 2, Eastcrest Addition'
Lot 9, Block 1, Eastcrest Addition
Lot 5, B�oek 2, Eastcrest Addition
Lot 8, Block 1, Eastcr�st Additian
Lot 4, Block 2, Eastcrest Addition
tot 7, Block i, Eastcrest Addition
Lot 3, Block 2, Eastcrest Addition
Lot 6, Block 1, Eastcrest Addition
Lot 5, Block �, Eastcrest Addition
Lot 4, Block 1,� Eastcrest Addition
Lot 3, Black 1, Eastcrest Additian
Lot 2, B{ack 1, Eastcrest Addition
Lot 2, Block 2, Eastcrest Addition
Lot 1, Block 1, Eastcrest Additian
Lot 1, Block 2, Eastcrest Addition
FWH�C expec#s to camplete construction on or before June 30,. 2003, and seN the sixteen hames to
new owners. �pon t�e sale of each i�ame by FWHFC, the Housing Department staff will prese�nt the
proposed assessment of the tax a6atement agreements ta the City C�uncil for approva! if the new
owner meets all eligible criter4a as�stated in�the NEZ Basic Incentives.
FWHFC w�f1 invest $1,6DO,OOD to canstruct sixtesn single-family homes in the Eas#cr�st S�b�9vision..
The locatian of the propos�d development, .typical elevatian, and project descriptinn are attaclied to this
Mayor and Council Communicat�on. The municipal property �ax on the improved value �s estimated at
$�5$ per hause �er year or a total of $44,64a o�er the �ive-year period. '
On August 13, 2002,� the abov� propa�sal was endorsed by the Economic and Cammunity Development
Committee for City Council appraval.
The Easfcrest Subdi�ision is located in COUNCIL �ISTRICT 5.
�
City of .F'ort �orih,� Texas
M�yor ar�d Couhcil Gommunic��io�
�AY� R�FERENLE IVIIMB�K LOCU NAM� f�AGE '
s1� 01�2 Ca� 9�35 o5NEz � 3 0# �
suB�ECY — AUTHOi�IZA�10N TQ ��NT `R iNTO T.AX ABATEM�NT AGREEMENTS W1TH THE
FORT W�RTH HaUSiNG FINANCE CORPORATION FOR THE DEVELOPMENT OF
' SiXTEEN SINGLE-�AMILY HOMES FOR THE EASTCREST SUBDIVISION L�CATED
� I�i THE ST�P SIX NEIGHBORHDOD EMPOWERMENT ZONE _
FiSCAL WFORMATIONICERT{F'ICATIQN:
The �inance Director certifiss that�this action wiN have no material effec# an' Cifiy funds.
RR:n
5ubmitted for City Mubager's
Office by:
Reid Rector
Originating Department Headt
Jerome Walker
Additinnal Infurmation Contust:
Jerame W alker �
Tl1ND � ACCOUNT � CENTER � AMOUNT
� (tQ)
614� ► I 1
7537 (from)
CITY S�CRETARY
�
7537 � �
�
�
�
� APPROVEb 09/I0/02
1 .
�. -