HomeMy WebLinkAboutContract 32021 CITY SECRETARY
STATE OF TEXAS § CONTRACT NO.
COUNTY OF TARRANT §
TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A NEIGHBORHOOD
EMPOWERMENT ZONE
1320 Washington Avenue
This TAX ABATEMENT AGREEMENT ("Agreement") is entered into by and between the CITY
OF FORT WORTH, TEXAS (the "City"), a home rule municipal corporation organized under the laws of the
State of Texas and acting by and through Dale Fisseler, its duly authorized Assistant City Manager, and Maria
Monica Alviar-Titus and Jason Eric Titus ("Owner"), owner of property located at 1320 Washington Avenue,
Block 26 Lot 2G, DS Ross Subdivision, in the City of Fort Worth, Tarrant County, Texas, and as shown on the
Plat recorded in Volume 6, Pages 410, 411,412 & 413, Plat Records, Tarrant County, Texas.
The City Council 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 into this Agreement:
A. Chapter 378 of the Texas Local Government Code allows a municipality to create a Neighborhood
Empowerment Zone (NEZ) if the municipality determines that the creation of the zone would
promote:
(1) The creation of affordable housing, including manufactured housing in the zone;
(2) An increase in economic development in the zone;
(3) An increase in the quality of social services, education, or public safety provided to residents of
the zone; or
(4) The rehabilitation of affordable housing in the zone.
B. Chapter 378 of the Texas Local Government Code provides that a municipality that creates a NEZ,
may enter into agreements abating municipal property taxes on property in the zone.
C. On July 31, 2001, the City adopted basic incentives for property owners who own property located
in a NEZ, stating that the City elects to be eligible to participate in tax abatement and including
guidelines and criteria governing tax abatement agreements entered into between the City and
various third parties, titled "NEZ Basic Incentives" ("NEZ Incentives"), these are readopted on
April 22, 2003, May 27, 2003 and April 6, 2004. The April 6, 2004 NEZ Incentives are attached
hereto as Exhibit"A"and hereby made a part of this Agreement for all purposes.
D. The NEZ Incentives contains 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").
E. On November 11, 2002, the City Council adopted Ordinance No. 15343 (the "Ordinance")
establishing "Neighborhood Empowerment Reinvestment Zone No. 5," City of Fort Worth, Texas
(the "Zone"),
F. Owner owns certain real property located entirely within the Magnolia Villradea
nd that is
more particularly described in Exhibit "B", attached hereto and herebyrt of this
Agreement for all purposes (the "Premises").
G. 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
(the "Project").
H. On April 18, 2005, Owner submitted an application for NEZ incentives and for tax abatement to
the City concerning the contemplated use of the Premises (the "Application"), attached hereto as
Exhibit"C" and hereby made a part of this Agreement for all purposes.
I. The City Council finds that the contemplated use of the Premises, the Required Improvements, as
defined in Section 1.1, and the terms of this Agreement are consistent with encouraging
development of the Zone in accordance with the purposes for its creation and are in compliance
with the NEZ Incentives, the Ordinance and other applicable laws, ordinances, rules and
regulations.
J. The terms of this Agreement, and the Premises and Required Improvements, satisfy the eligibility
criteria of the NEZ Incentives.
K. Written notice that the City intends to enter into this Agreement, along with a copy of this
Agreement, has been furnished in the manner prescribed by the Code to the presiding officers of
the governing bodies of each of the taxing units in which the Premises is located.
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 Property Improvements.
Owner shall construct, or cause to be constructed, on and within the Premises certain
improvements consisting of a single-family residence (collectively, the "Required Improvements"), (i)
of at least 1856 square feet in size and built to the specifications listed in Exhibit "D" and (ii) having an
appraised value of at least $198,500.00 as determined by an independent appraiser (collectively the
"Required Improvements"). Owner shall provide a survey of the completed home once completed. The
parties agree that the final survey shall be a part of this Agreement and shall be labeled Exhibit E.
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 Exhibit"D".
1.2. Completion Date of Required Improvements.
Owner certifies that the Required Improvements will be completed within two years from the
issuance and receipt of the building permit, unless delayed because of force majeure, in which case the two
years shall be extended by the number of days comprising the specific force majeure. For purposes of this
Agreement, force majeure shall mean an event beyond Owner's reasonable control, including, without
limitation, delays caused by adverse weather, delays in receipt of any required permits or approvals from
any governmental authority, or acts of God, fires determined by the City of Fort Worth in its sole
discretion, which shall not be unreasonably withheld, but 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 Premises.
Owner covenants that the Premises and the Required Improvements shall be used as the Owner's
primary residence and 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 on the Premises, the Required Improvements, as specifically provided in this Section 2
("Abatement"). "Abatement"of real property taxes only includes City of Fort Worth-imposed taxes and not taxes
from other taxing entities.
2.1. Amount of Abatement.
The actual amount of the Abatement granted under this Agreement shall be based upon the
increase in value of the Premises, the Required Improvements, over their values on January 1, 2005, the
year in which both parties executed this Agreement. The Abatement shall be 100% of the increase in
value from the construction of the Required Improvements.
If the square footage requirement and the appraised value of the Required Improvements are less than as
provided in Section 1.1 of this Agreement, Owner shall not be eligible to receive any Abatement under
this Agreement.
2.2 Increase in Value.
The abatement shall apply only to taxes on the increase in value of the Premises due to
construction of the Required Improvements and shall not apply to taxes on the Land
2.3. Terms of Abatements.
The term of the Abatement (the "Term") shall begin on January 1 of the year following the
calendar year in which the Required Improvement is completed and, unless sooner terminated as herein
provided, shall end on December 31 immediately preceding the fifth (5`h) anniversary of the Beginning
Date.
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 —
3. RECORDS, AUDITS AND EVALUATION OF PROJECT. `: I
3.1. Inspection of Premises.
Between the execution date of this Agreement and the last day of the Term, at any time during
normal office hours throughout the Term and 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 fully 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 term of this
agreement. The City shall have the right to audit at the City's expense the Required Improvement with
respects to the specifications listed in Exhibit D. 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.
3.3. Provision of Information.
On or before February 1 following the end of every year during the Compliance Auditing Term
and if requested by the City, Owner shall provide information and documentation for the previous year
that addresses Owner's compliance with each of the terms and conditions of this Agreement for that
calendar year.
Failure to provide all information within the control of Owner required by this Section 3.3
shall constitute an Event of Default, as defined in Section 4.1.
3.4. Determination of Compliance.
On or before August 1 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 percentage of the Abatement
granted for a given year of the Term is therefore based upon Owner's compliance with the terms and
conditions of this Agreement during the previous year of the Compliance Auditing Term.
4. EVENTS OF DEFAULT.
4.1. Defined.
Unless otherwise specified herein, Owner shall be in default of this Agreement if(i) Owner fails to
construct the Required Improvements as defined in Section 1.1.; (ii) ad valorem real property taxes with
respect to the Premises or the Project, or its ad valorem taxes with respect to the tangible personal property
located on the Premises, become delinquent and Owner does not timely and properly follow the legal
procedures for protest and/or contest of any such ad valorem real property or tangible personal property
taxes or(iii) OWNER DOES NOT USE THE PREMISES AS PRIMARY RESIDENC NCE THE
ABATEMENT BEGINS (iv) OWNER DOES NOT COMPLY WITH C ER 7 AND
APPENDIX B OF THE CODE OF ORDINANCE OF THE CITY OF FORT WORT (collectively,
each an"Event of Default").
4.2. Notice to Cure.
Subject to Section 5, if the City determines that an Event of Default has occurred, the City shall
provide a written notice to Owner that describes the nature of the Event of Default. Owner shall have
ninety (90) 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 one hundred
eighty (180) calendar days from the original date of receipt of the written notice, or (ii) if Owner
reasonably believes that Owner will require more than one hundred eighty (180) 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. Termination for Event of Default and Payment of Liquidated Damages.
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 (i) harm. the City's
economic development and redevelopment efforts on the Premises 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 an uncured Event of Default and that this Section 4.3 is intended to provide the City with
compensation for actual damages and is not a penalty. This amount may be recovered by the City
through adjustments made to Owner's ad valorem property tax appraisal by the appraisal district that has
jurisdiction over the Premises. Otherwise, this amount shall be due, owing and 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 effective date of
termination of this Agreement, Owner shall also be liable for all penalties and interest on any
outstanding amount at the statutory rate for delinquent taxes, as determined by the Code at the time of
the payment of such penalties and interest(currently, Section 33.01 of the Code).
4.4. Termination at Will.
If the City and Owner mutually determine that the development or use of the Premises or the
anticipated Required Improvements are no longer appropriate or 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, (i) if the Term has commenced, the Term shall expire as of the effective date of the
termination of this Agreement; (ii) there shall be no recapture of any taxes previously abated; and (iii)
neither parry shall have any further rights or obligations hereunder.
4.5. Sexually oriented business && Liquor Stores or Package Stores.
a. Owner understands and agrees the City has the right to terminate this agreement if the
Project contains or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the right to terminate this agreement as
determined in City's sole discretion if the Project 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, 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 (ii) the proposed purchaser agrees in writing to assume all terms and
conditions of Owner under this Agreement. Owner may not otherwise assign, lease or convey any of its rights
under this Agreement. Any attempted assignment without the City Council's prior consent shall constitute
grounds for termination of this Agreement and the Abatement granted hereunder following ten (10) calendar days
of receipt of written notice from the City to Owner.
Upon assignment to Owner's first mortgagee, or to a homebuyer who will use the Required Improvements
as its primary residence or the homeowner's mortgagee, Owner shall have no further obligations or duties
under this agreement. In addition, upon assignment to any other entity with the written consent of City
Council,Owner shall have no further duty or obligation under this agreement.
IN NO EVENT SHALL THE TERM OF THIS AGREEMENT BE EXTENDED IN THE EVENT OF A
SALE OR ASSIGNMENT.
THE FAILURE OF OWNER TO SEND THE CITY NOTIFICATION OF THE SALE OF THE
REQUIRED IMPROVEMENTS AND EXECUTION OF THE ASSIGNMENT OF THIS AGREEMENT
WITH THE NEW OWNER WITHIN 30 DAYS OF THE TRANSFER OF OWNERSHIP OF THE
REQUIRED IMPROVEMENTS SHALL RESULT IN THE AUTOMATIC TERMINATION OF THIS
AGREEMENT. THE NOTICE AND EXECUTED ASSIGNMENT MUST BE SENT TO THE CITY BY
CERTIFIED MAIL OR BY HAND DELIVERY.
6. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the following, or such
other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand
delivery:
City: Owner:
City of Fort Worth Maria Monica Alviar-Titus and Jason Eric Titus
Attn: Housing Department 1320 Washington Ave.
1000 Throckmorton Fort Worth,TX 76104
Fort Worth,TX 76102
And
Housing Department y
Director =
1000 Throckmorton
Fort Worth, Texas 76102
7. MISCELLANEOUS.
7.1. Bonds.
The Required Improvements will not be financed by tax increment bonds. This Agreement is
subject to the rights of holders of outstanding bonds of the City.
7.2. Conflicts of Interest.
Neither the Premises nor any of the Required Improvements covered by this Agreement are owned
or leased by any member of the City Council, any member of the City Plan or Zoning Commission or any
member of the governing body of any taxing units in the Zone.
7.3. Conflicts Between Documents.
In the event of any conflict between the City's zoning ordinances, or other City ordinances or
regulations, and this Agreement, such ordinances or regulations shall control. In the event of any conflict
between the body of this Agreement and Exhibit"C",the body of this Agreement shall control.
7.4. Future Application.
A portion or all of the Premises and/or Required Improvements may be eligible for complete or
partial exemption from ad valorem taxes as a result of existing law or future legislation. This
Agreement shall not be construed as evidence that such exemptions do not apply to the Premises and/or
Required Improvements.
7.5. City Council Authorization.
This Agreement was authorized by the City Council through approval of Mayor and Council
Communication No. C-20782 on June 7, 2005, which, among other things, authorized the City Manager
to execute this Agreement on behalf of the City.
7.6. Estoppel Certificate.
Any party hereto may request an estoppel certificate from another party hereto so long as the
certificate is requested in connection with a bona fide business purpose. The certificate, which if requested
will be addressed to the Owner, 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 Standing.
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 Jurisdiction.
This Agreement shall be construed in accordance with the laws of the State of Texas and
applicable ordinances, rules, regulations or policies of the City. Venue for any action under this
Agreement shall lie in the State District Court of Tarrant County, Texas. This Agreement is performable
in Tarrant County,Texas.
7.9. Recordation.
A certified copy of this Agreement in recordable form shall be recorded in the Deed Records of
Tarrant County, Texas.
7.10. Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
7.11. Headings Not Controlling.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
7.12. Entirety of Agreement.
This Agreement, including any exhibits attached hereto and any documents incorporated herein
by reference, contains the entire understanding and agreement between the City and Owner, their assigns
and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or
written agreement is hereby declared null and void to the extent in conflict with any provision of this
Agreement. This Agreement shall not be amended unless executed in writing by both parties and
approved by the City Council. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
r^�h
EXECUTED this qday of I , 2005, by the City of Fort Worth,Texas.
EXECUTED thisay of Of 2005, by Maria Monica Alviar-Titus.
EXECUTED this gday of �/],{�� , 2005, by Jason Eric Titus.
CITY OF FORT WORTH: OWNER:
By: By:� YY)itl'rt�1,�'r ra .rtILUut�
Dale Fisseler Maria Monica Alviar-Titus
Assistant City Manager Owner
By:
Jason Eric Titus
Owner
ATTEST:
By:
City Secretary
APPROVED A TO FO AND LEGALITY:
By:
Cynthia Garcia
Assistant City Attorney Attorney
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Dale Fisseler,
Assistant City Manager of the CITY OF FORT WORTH, a municipal corporation, known to me to
be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged
to me that the same was the act of the said CITY OF FORT WORTH, TEXAS, a municipal
corporation, that he was duly authorized to perform the same by appropriate resolution of the City
Council of the City of Fort Worth and that he executed the same as the act of the said City for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this .2` day of
5u tl-c 2005.
Notary Ablic in and for
the State of Texas
r z4m4 r. 'Dr d m
Notary' rinted Name
le ' KATHY F.DURHAM
*• '= MY COMMISSION EXPIRES
:; January 24,2009
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Maria Monica Alviar-
Titus, known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration rein
expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2
Notaryu c in and for „
the State of Texas
'Y SAW J.ODLE
1 = *a MY COMMISSION EXPIRES
November 5,2W7
Notary's Printed Name
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Jason Eric Titus, known
to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed,Wday
' y
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisf
, 2
Notary Public in and
the St of Texas =.t 'P GOM sARSsOxP t�
+__ MY �r 5.
N 2C'l
NOYem
Notary's Printed Name
Exhibit A: NEZ Incentives
Exhibit B: Property Description
Exhibit C: Application: (NEZ) Incentives and Tax Abatement
Exhibit D: Project description including kind, number and location of the proposed
improvements.
Exhibit E: Final Survey
r -rrtr
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) TAX ABATEMENT POLICY AND BASIC
INCENTIVES
I. GENERAL PURPOSE AND OBJECTIVES
Chapter 378 of the Texas Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone (NEZ) when a "...municipality determines that the creation
of the zone would promote:
(1) the creation of affordable housing, including manufactured housing, in the zone;
(2) an increase in economic development in the zone;
(3) an increase in the quality of social services, education, or public safety provided to
residents of the zone; or
(4) the rehabilitation of affordable housing in the zone."
The City, by adopting the following NEZ Tax Abatement Policy and Basic Incentives, will
promote affordable housing and economic development in Neighborhood Empowerment Zones.
NEZ incentives will not be granted after the NEZ expires as defined in the resolution designating -
the NEZ. For each NEZ, the City Council may approve additional terms and incentives as
permitted by Chapter 378 of the Texas Local Government Code or by City Council resolution.
However, any tax abatement awarded before the expiration of a NEZ shall carry its full term
according to its tax abatement agreement approved by the City Council_
As mandated by state law, the property tax abatement under this policy applies to the owners of
real property. Nothing in the policy shall be construed as an obligation by the City of Fort Worth
to approve any tax abatement application.
IL DEFINITIONS
"Abatement" means the full or partial exemption from City of Fort Worth ad valorem taxes on
eligible properties for a period of up to 10 years and an amount of up to 100% of the increase in
appraised value (as reflected on the certified tax roll of the appropriate county appraisal district)
resulting from improvements begun after the execution of the tax abatement agreement.
Eligible properties must be located in the NEZ.
"Base Value"is the value of the property, excluding land, as determined by the Tarrant County
Appraisal District, during the year rehabilitation occurs.
"Building Standards Commission" is the commission created under Sec. 7-77, Article IV.
Minimum Building Standards Code of the Fort Worth City Code.
"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).
Adopted April 6, 2004 1
"City of Fort Worth Tax Abatement Policy Statement"means the policy adopted by City Council
on February 29, 2000.
"Commercial/Industrial Development Project" is a development project which proposes to
construct or rehabilitate commercial/industrial facilities on property that is (or meets the
requirements to be) zoned commercial, industrial or mixed use as defined by the City of Fort
Worth Zoning Ordinance.
"Community Facility Development Project"is a development project which proposes to construct
or rehabilitate community facilities on property that allows such use as defined by the City of
Fort Worth Zoning Ordinance.
"Eligible Rehabilitation" includes only physical improvements to real property. Eligible
Rehabilitation does NOT include personal property (such as furniture, appliances, equipment,
and/or supplies).
"Gross Floor Area" is measured by taking the outside dimensions of the building at each floor
level, except that portion of the basement used only for utilities or storage, and any areas within
the building used for off-street parking.
"Minimum Building Standards Code"is Article IV of the Fort Worth City Code adopted pursuant
to Texas Local Government Code, Chapters 54 and 214.
"Minority Business Enterprise (MBE)"and "Women Business 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 (NTRCA) or the Texas
Department of Transportation (TxDot), Highway Division.
"Mixed-Use Development Project" is a development project which proposes to construct or
rehabilitate mixed-use facilities in which residential uses constitute 20 percent or more of the
total gross floor area, and office, eating and entertainment, and/or retail sales and service uses
constitute 10 percent or more of the total gross floor area and is on property that is (or meets
the requirements to be) zoned mixed-use as described by the City of Fort Worth Zoning
Ordinance.
"Multi-family Development Project" is a development project which proposes to construct or
rehabilitate multi-family residential living units on property that is (or meets the requirements to
be) zoned multi-family or mixed use as defined by the City of Fort Worth Zoning Ordinance.
"Project" means a "Residential Project", "Commercial/Industrial Development
Project","Community Facility Development Project", "Mixed-Use Development Project", or a
"Multi-family Development Project."
"Reinvestment Zone" is an area designated as such by the City of Fort Worth in accordance
with the Property Redevelopment and Tax Abatement Act codified in Chapter 312 of the Texas
Tax Code, or an area designated as an enterprise zone pursuant to the Texas Enterprise Zone
Act, codified in Chapter 2303 of the Texas Government Code.
Adopted April 6, 2004 2 _ ;
III. 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 tax abatement by meeting the following:
a. Property is owner-occupied and the primary residence of the homeowner prior to
the final NEZ designation. Homeowner shall provide proof of ownership by a
warranty deed, affidavit of heirship, or a probated will, and shall show proof of
primary residence by homestead exemption; and
b. Property is rehabilitated after NEZ designation and City Council approval of the
tax abatement.
c. Homeowner must perform Eligible Rehabilitation on the property after NEZ
designation equal to or in excess of 30% of the Base Value of the property; 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. Property is constructed or rehabilitated after NEZ designation and City Council
approval of the tax abatement;
b. Property is owner-occupied and is the primary residence of the homeowner.
Homeowner shall provide proof of ownership by a warranty deed, affidavit of
heirship, or a probated will, and shall show proof of primary residence by
homestead exemption;
c. For rehabilitated property, Eligible Rehabilitation costs on the property shall be
equal to or in excess of 30% of the Base Value of the property. The seller or
owner shall provide the City information to support rehabilitation costs;
d. Property is not in a tax-delinquent status when the abatement application is
submitted; and
e. Property is in conformance with the City of Fort Worth Zoning Ordinance.
3. For investor owned single family property, an investor shall be eligible to apply for a
tax abatement by meeting the following:
a. Property is constructed or rehabilitated after NEZ designation and City Council
approval of the tax abatement;
b. For rehabilitated property, Eligible Rehabilitation costs on the property shall be
equal to or in excess of 30% of the Base Value of the property;
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. 100% Abatement for 5years.
If an applicant applies for a tax abatement agreement with a term of five years or
less, this section shall apply. r_ --
Adopted Apnl 6, 2004 3
Abatements for multi-family development projects for up to 5 years are subject to
City Council approval. The applicant may apply with the Housing Department for
such abatement.
The applicant must apply for the tax abatement and be approved by City Council
before construction or rehabilitation is started.
In order to be eligible for a property tax abatement upon completion, a newly
constructed or rehabilitated multi-family development project in a NEZ must satisfy
the following:
At least twenty percent (20%) of the total units constructed or rehabilitated shall
be affordable (as defined by the U. S. Department of Housing and Urban
Development) to persons with incomes at or below eighty percent (80%) of area
median income based on family size and such units shall be set aside for
persons at or below 80% of the median income as defined by the U.S.
Department of Housing and Urban Development. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis; 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 property must be rehabilitated after NEZ
designation. Eligible Rehabilitation costs on the property shall be at least
30% of the Base Value of the property. 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.
2. 1%-100% Abatement of City Ad Valorem taxes up to 10 years
If an applicant applies for a tax abatement agreement with a term of more than five_
ey ars, this section shall apply.
Abatements for multi-family development projects for up to 10 years are subject to
City Council approval. The applicant may apply with the Housing Department for
such abatement.
The applicant must apply for the tax abatement and be approved by City Council
before construction or rehabilitation is started.
Years 1 through 5 of the Tax Abatement Agreement
Multi-family projects shall be eligible for 100% abatement of City ad valorem taxes
for years one through five of the Tax Abatement Agreement upon the satisfaction of
the following:
At least twenty percent (20%) of the total units constructed or rehabilitated shall
be affordable (as defined by the U. S. Department of Housing and Urban
Development) to persons with incomes at or below eighty percent (80%) of area
median income based on family size and such units shall be set aside for
Adopted April 6, 2004 4
persons at or below 80% of the median income as defined by the U.S.
Department of Housing and Urban Development. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis; 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 property must be rehabilitated after NEZ
designation. Eligible Rehabilitation costs on the property shall be at least
30% of the Base Value of the property. 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 throuu h 10 of the Tax Abatement Arc reement
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) to persons with incomes at or below eighty percent (80%) of area
median income based on family size and such units shall be set aside for
persons at or below 80% of the median income as defined by the U.S.
Department of Housing and Urban Development. City Council may waive or
reduce the 20% affordability requirement on a case-by-case basis; and
1. For a multi-family development project constructed after NEZ designation, the
project must provide at least five (5) residential living units OR have a
minimum Capital Investment of$200,000; or
2. For a rehabilitation project, the property must be rehabilitated after NEZ
designation. Eligible Rehabilitation costs on the property shall be at least
30% of the Base Value of the property. Such Eligible Rehabilitation costs
must come from the rehabilitation of at least five (5) residential living units or
a minimum Capital Investment of$200,000.
b. Any other terms as City Council of the City of Fort Worth deems appropriate,
including, but not limited to:
1. utilization of Fort Worth companies for an agreed upon percentage of the total
costs for construction contracts;
2. utilization of certified minority and women owned business enterprises for an
agreed upon percentage of the total costs for construction contracts;
3. 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
Adopted April 6, 2004 5
1. 100% Abatement of City Ad Valorem taxes for 5 years
If an applicant applies for a tax abatement agreement with a term of five years or
less. this section shall apply.
Abatements for Commercial, Industrial and Community Facilities Development
Projects for up to 5 years are subject to City Council approval. The applicant may
apply with the Housing Department for such abatement.
The applicant must apply for the tax abatement and be approved by City Council
before construction or rehabilitation is started.
In order to be eligible for a property tax abatement, a newly constructed or
rehabilitated commercial/industrial and community facilities development project in a
NEZ must satisfy the following:
a. A commercial, industrial or a community facilities development project
constructed after NEZ designation must have a minimum Capital Investment of
$75,000; or
b. For a rehabilitation project, it must be rehabilitated after NEZ designation. Eligible
Rehabilitation costs on the property shall be at least 30% of the Base Value of
the property, or$75,000, whichever is greater.
2. 1%-100% Abatement of City Ad Valorem taxes up to 10 years
If an applicant applies for a tax abatement agreement with a term of more than five
years, this section shall apply.
Abatements agreements for a Commercial, Industrial and Community Facilities
Development projects for up to 10 years are subject to City Council approval. The
applicant may apply with the Economic and Community Development Department for
such abatement.
The applicant must apply for the tax abatement and be approved by City Council
before construction or rehabilitation is started.
Years 1 through 5 of the Tax Abatement Agreement
Commercial, Industrial and Community Facilities Development projects shall be
eligible for 100% abatement of City ad valorem taxes for the first five years of the
Tax Abatement Agreement upon the satisfaction of the following:
a. A commercial, industrial or a community facilities development project
constructed after NEZ designation must have a minimum Capital Investment of
$75,000; or
b. For a rehabilitation project, it must be rehabilitated after NEZ designation. Eligible
Rehabilitation costs on the property shall be at least 30% of the Base Value of
the property, or$75,000, whichever is greater.
Adopted April 6, 2004 6
Years 6 through 10 of the Tax Abatement Agreement
Commercial, Industrial and Community Facilities Development projects shall be
eligible for 1%-100% abatement of City ad valorem taxes for years six through ten of
the Tax Abatement Agreement upon the satisfaction of the following:
a. A commercial, industrial or a community facilities development project
constructed after NEZ designation must have a minimum Capital
Investment of $75,000 and must meet the requirements of subsection (c)
below ; or
b. For a rehabilitation project, it must be rehabilitated after NEZ designation.
Eligible Rehabilitation costs on the property shall be at least 30% of the
Base Value of the property, or $75,000, whichever is greater and meet
the requirements of subsection (c) below.
C. Any other terms as City Council of the City of Fort Worth deems
appropriate, including, but not limited to:
1. utilization of Fort Worth companies for an agreed upon percentage of
the total costs for construction contracts;
2. utilization of certified minority and women owned business enterprises
for an agreed upon percentage of the total costs for construction
contracts;
3. commit to hire an agreed upon percentage of Fort Worth residents;
4. commit to hire an agreed upon percentage of Central City residents;
and
5. landscaping_
D. NIIXED-USE DEVELOPMENT PROJECTS LOCATED IN A NEZ
1. 100% Abatement of City Ad Valorem taxes for 5 years
If an applicant applies for a tax abatement agreement with a term of five years or
less, this section shall apply.
Abatements for Mixed-Use Development Projects for up to 5 years are subject to
City Council approval. The applicant may apply with the Housing Department for
such abatement.
The applicant must apply for the tax abatement and be approved by City Council
before construction or rehabilitation is started.
In order to be eligible for a property tax abatement, upon completion, a newly
constructed or rehabilitated mixed-use development project in a NEZ must satisfy the
following:
a. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project; and
b. Office, eating and entertainment, and/or retail sales and service uses in the
project constitute 10 percent or more of the total Gross Floor Area of the project;
and
(1) A mixed-use development project constructed after NEZ designation must
have a minimum Capital Investment of$200,000; or
Adopted April 6, 2004 7
(2) For a rehabilitation project, it must be rehabilitated after NEZ designation.
Eligible Rehabilitation costs on the property shall be at least 30% of the Base
Value of the property, or $200,000, whichever is greater.
2. 1%-100% Abatement of City Ad Valorem taxes up to10 years
If an applicant applies for a tax abatement agreement with a term of more than five
years, this sectionshall apply.
Abatements agreements for a Mixed Use Development projects for up to 10 years
are subject to City Council approval. The applicant may apply with the Housing
Department for such abatement.
The applicant must apply for the tax abatement before construction or rehabilitation
is started and the application for the tax abatement must be approved by City
Council.
Years 1 through 5 of the Tax-Abatement Agreement
Mixed Use Development projects shall be eligible for 100% abatement of City ad
valorem taxes for the first five years of the Tax Abatement Agreement upon the
satisfaction of the following:
a. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project; 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
c. A new mixed-use development project constructed after NEZ designation must
have a minimum Capital Investment of $200,000; or for a rehabilitation project, it
must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the
property shall be at least 30% of the Base Value of the property, or $200,000,
whichever is greater.
Years 6 through 10 of the Tax Abatement Agreement
Mixed Use Development projects shall be eligible for 1-100% abatement of City ad
valorem taxes for years six through ten of the Tax Abatement Agreement upon the
satisfaction of the following:
a. Residential uses in the project constitute 20 percent or more of the total Gross
Floor Area of the project; and
b. Office, eating and entertainment, and/or retail sales and service uses in the
project constitute 10 percent or more of the total Gross Floor Area of the project;
c. A new mixed-use development project constructed after NEZ designation must
have a minimum Capital Investment of $200,000; or for a rehabilitation project, it
must be rehabilitated after NEZ designation. Eligible Rehabilitation costs on the
Adopted April 6, 2004 8
property shall be at least 30% of the Base Value of the property, 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:
1. utilization of Fort Worth companies for an agreed upon percentage of the
total costs for construction contracts;
2. utilization of certified minority and women owned business enterprises for
an agreed upon percentage of the total costs for construction contracts;
3. property inspection;
4. commit to hire an agreed upon percentage of Fort Worth residents
5. commit to hire an agreed upon percentage of Central City residents
6. landscaping;
7. tenant selection plans; and
8. management plans.
E. ABATEMENT GUIDELINES
1. If a NEZ is located in a Tax Increment Financing District, City Council will determine
on a case-by-case basis if the tax abatement incentives in Section III will be offered
to eligible Projects. Eligible Projects must meet all eligibility requirements specified
in Section III.
2. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order
to be considered "eligible" to apply for a tax abatement under this Policy, the
Woodhaven Community Development Corporation and the Woodhaven
Neighborhood Association must have submitted a letter of support for the Project to
the City of Fort Worth
3. 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
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 limited to, weed
liens, demolition liens, board-up/open structure liens and paving liens.
4. Projects to be constructed on property to be purchased under a contract for deed are
not eligible for tax abatements.
5. Once a NEZ property owner of a residential property (including multi-family) in the
NEZ satisfies the criteria set forth in Sections IIIA, E.1. and E.2. and applies or-an
Adopted April 6, 2004 9 ''1'I �- f VIt�i-
abatement, a property owner may enter into a tax abatement agreement with the City
of Fort Worth. The tax abatement agreement shall automatically terminate if the
property subject to the tax abatement agreement is in violation of the City of Fort
Worth's Minimum Building Standards Code and the owner is convicted of such
violation.
6. 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 abated is sold, the City will assign the
tax abatement agreement for the remaining term once the new owner submits an
application.
7. A property owner/developer of a multifamily development, commercial, industrial,
community facilities and mixed-use development project in the NEZ who desires a
tax abatement under Sections III.B, C or D must:
a. Satisfy the criteria set forth in Sections 111.13, C or D, as applicable, and Sections
III.E.1 E.2; and E3. and
b. File an application with the Housing Department, as applicable; and
c. The property owner must enter into a tax abatement agreement with the City of
Fort Worth. In addition to the other terms of agreement, the tax abatement
agreement shall provide that the agreement shall automatically terminate if the
owner receives one conviction of a violation of the City of Fort Worth's Minimum
Building Standards Code regarding the property subject to the abatement
agreement during the term of the tax abatement agreement; and
d. If a property in the NEZ on which tax is being abated is sold, the new owner may
enter into a tax abatement agreement on the property for the remaining term.
8. If the terms of the tax abatement agreement are not met, the City Council has the
right to cancel or amend the abatement agreement. In the event of cancellation, the
recapture of abated taxes shall be limited to the year(s) in which the default occurred
or continued.
9. The terms of the agreement shall include the City of Fort Worth's right to: (1) review
and verify the applicant's financial statements in each year during the life of the
agreement prior to granting a tax abatement in any given year, (2) conduct an on site
inspection of the project in each year during the life of the abatement to verify
compliance with the terms of the tax abatement agreement, (3) terminate the
agreement if the Project contains or will contain a sexually oriented business (4
terminate the agreement, as determined in City's sole discretion, if the Project
contains or will contain a liquor store or package store.
10. Upon completion of construction of the facilities, the City shall no less than annually
evaluate each project receiving abatement to insure compliance with the terms of the
agreement. Any incidents of non-compliance will be reported to the City Council.
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
Adopted Apzil 6, 2004 10
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 abated in the prior year being due
and payable.
11. If a property in the NEZ on which tax is being abated is sold, the new owner may
enter into a tax abatement agreement on the property for the remaining term. Any
sale, assignment or lease of the property which is not permitted in the tax abatement
agreement results in cancellation of the agreement and recapture of any taxes
abated after the date on which an unspecified assignment occurred.
F. APPLICATION FEE
1. The application fee for residential tax abatements governed under Section III.A is
$25.
2. The application fee for multi-family, commercial, industrial, community facilities and
mixed-use development projects governed under Sections III.B., C. and D., is one-
half of one percent (0.5%) of the proposed Project's Capital Investment, not to
exceed $1,000. The application fee will be refunded upon issuance of certificate of
final occupancy and once the property owner enters into a tax abatement agreement
with the City. Otherwise, the Application Fee shall not be credited or refunded to any
party for any reason.
IV. FEE WAIVERS
A. ELIGIBLE RECIPIENTS/PROPERTIES
1. 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 apply for a fee
waiver.
2. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order
to be considered "eligible" to apply for a fee waiver under this Policy, the Woodhaven
Community Development Corporation and the Woodhaven Neighborhood
Association must have submitted a letter of support for the Project to the City of Fort
Worth.
3. Projects to be constructed on property to be purchased under a contract for deed are
not eligible for development fee waivers.
4. In order for a property owner/developer to be eligible to apply for fee waivers for a
Project, the property owner/developer:
a. must submit an application to the City;
b. must not be delinquent in paying property taxes for any property owned by the
owner/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 paving liens; and
Adopted April 6, 2004 11
d. of a Project that will contain or contains a liquor store, package store or a sexually
oriented business has received City Council's determination that the Project is
eligible to apply for fee waivers.
Approval of the application and waiver of the fees shall not be deemed to be
approval. of any aspect of the Project. Before construction, the applicant must
ensure that the protect is located in the correct zoning district.
B. DEVELOPMENT FEES
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 property on Eligible Rehabilitation costs:
1. All building permit related 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 Agreement (CFA) application fee
7. Zoning application fee
8. Street and utility easement vacation application fee
Other development related fees not specified above will be considered for approval by
City Council on a case-by-case basis.
C. IMPACT FEES
1. Single family and multi-family residential development projects in the NEZ.
Automatic 100% waiver of water and wastewater impact fees will be applied.
2. Commercial, industrial, mixed-use, or community facility development projects in the
NEZ.
a. Automatic 100% waiver of water and wastewater impact fees up to $55,000 or
equivalent to two 6-inch meters for each commercial, industrial, mixed-use or
community facility development project_
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, then City Council approval is
required. Applicant may request the additional amount of impact fee waiver
through the Housing Department.
V. RELEASE OF CITY LIENS
A. ELIGIBLE RECIPIENTS/PROPERTIES
Adopted Apri16, 2004 12
1. 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 apply for a fee
waiver.
2. If a Project is located in the Woodhaven Neighborhood Empowerment Zone, in order
to be considered "eligible" to apply for release of city liens under this Policy, the
Woodhaven Community Development Corporation and the Woodhaven
Neighborhood Association must have submitted a letter of support for the Project to
the City of Fort Worth.
3. Projects to be constructed on property to be purchased under a contract for deed are
not eligible for any release of City Liens.
4. 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 property
owner/developer:
a. must submit an application to the City;
b. must not be delinquent in paying property taxes for any property owned by the
owner/developer;
b. must not have been subject to a Building Standards Commission's Order of
Demolition where the property was demolished within the last five (5) years;
c. must not have any City of Fort Worth liens filed against any other property owned
by the applicant property owner/developer. "Liens" includes, but is not limited to,.
weed liens, demolition liens, board-up/open structure liens and paving liens; and
d. of a Project that contains or will contain a liquor store, package store or a sexually
oriented business has received City Council's determination the Project is eligible
to apply for release of City liens.
5. 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 lease
30% of the Base Value of the Property.
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 constructing new homes on vacant lots.
3. Owners performing rehabilitation on multi-family, commercial, industrial, mixed-use,
or community facility properties.
4. Developers constructing new multi-family, 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.
D. BOARD--UP/OPEN STRUCTURE LIENS
Adopted Apri16, 2004 13
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.
3. Owners performing rehabilitation on multi-family, commercial, industrial, mixed-use,
or community facility properties.
4. Developers constructing multi-family, commercial, industrial, mixed-use, or
community facility projects.
E. PAVING LIENS
The following are eligible to apply for release of paving liens.-
1.
iens:1. Single unit owners performing rehabilitation on their properties.
2. Builders or developers constructing new homes on vacant lots.
3. Owners performing rehabilitation on multi-family, commercial, industrial, mixed-use,
or community facility properties.
4. Developers constructing multi-family, commercial, industrial, mixed-use, or
community facility projects.
VI. PROCEDURAL STEPS
A. APPLICATION SUBMISSION
1. The applicant for NEZ incentives under Sections III. IV., and V. must complete and
submit a City of Fort Worth "Application for NEZ Incentives" and pay the appropriate
application fee to the Housing Department, as applicable.
2. The applicant for incentives under Sections III.C.2 and D.2 must also complete and
submit a City of Fort Worth "Application for Tax Abatement" and pay the appropriate
application fee to the Economic Development Office. The application fee, review,
evaluation and approval will be governed by City of Fort Worth Tax Abatement Policy
Statement for Qualifying Development Projects.
B. CERTIFICATIONS FOR APPLICATIONS UNDER SECTIONS III. IV, AND V
1. The Housing Department will review the application for accuracy and
completeness. Once the Housing Department determines that the application is
complete, the Housing Department will certify the property owner/developer's
eligibility to receive tax abatements and/or basic incentives based on the criteria set
forth in Section III., IV., and V. of this policy, as applicable. Once an applicant's
eligibility is certified, the Housing 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 Department: property tax abatement for residential properties and multi-
family development projects, release of City liens.
b. Economic Development Office: property tax abatement for commercial,
industrial, community facilities or mixed-use development projects.
c. Development Department: development fee waivers.
d. Water Department: impact fee waivers.
Adopted Apxi16, 2004 14
e. Other appropriate departments, if applicable.
2. Once Development Department, Water Department, Economic Development Office,
and/or other appropriate department receive a certified application from the Housing
Department, each department/office shall fill out a "Verification of NEZ Incentives for
Certified NEZ Incentives Application" and return it to the Housing Department for
record keeping and tracking.
C. APPLICATION REVIEW AND EVALUATION FOR APPLICATIONS
1. Property Tax Abatement for Residential Properties and Multi-family Development
Projects
a. For a completed and certified application for no more than five years of tax
abatement, with Council approval, the City Manager shall execute a tax
abatement agreement with the applicant.
b. For a completed and certified multi-family development project application for
more than five years of tax abatement:
(1) The Housing Department will evaluate a completed and certified application
based on:
(a) The project's increase in the value of the tax base.
(b) Costs to the City (such as infrastructure participation, etc.).
(c) Percent of construction contracts committed to:
(i) Fort Worth based firms, and
(ii) Minority and Women Owned Business Enterprises (M1WBEs).
(d) Other items which the City and the applicant may negotiate.
(2) Consideration by Council Committee.
Based upon the outcome of the evaluation, Housing Department may present
the application to the City Council's Economic Development Committee.
Should the Housing Department present the application to the Economic
Development Committee, the Committee will consider the application at an
open meeting. The Committee may:
(a) Approve the application. Staff will then incorporate the application into a
tax abatement agreement which will be sent to the City Council with the
Committee's recommendation to approve the agreement; or
(b) Request modifications to the application. Housing Department staff will
discuss the suggested modifications with the applicant and then, if the
requested modifications are made, resubmit the modified application to
the Committee for consideration; or
(c) Deny the application. The applicant may appeal the Committee's finding
by requesting the City Council to: (a) disregard the Committee's finding
and (b) instruct city staff to incorporate the application into a tax
abatement agreement for future consideration by the City Council.
(3) Consideration by the City Council
The City Council retains sole authority to approve or deny any tax abatement
agreement and is under no obligation to approve any tax abatement
application or tax abatement agreement. The City of Fort Worth is under no
obligation to provide tax abatement in any amount or value to any applicant.
Adopted April 6, 2004 15
c. Effective Date for Approved Agreements
All tax abatements approved by the City Council will become effective on
January 1 of the year following the year in which a Certificate of Occupancy (CO)
is issued for the qualifying development project (unless otherwise specified in the
tax abatement agreement). Unless otherwise specified in the agreement, taxes
levied during the construction of the project shall be due and payable.
2. Property Tax Abatement for Commercial, Industrial, Community Facilities, and
Mixed-Use Development Projects
a. For a completed and certified application for no more than Five years of tax
abatement, with Council approval, the City Manager shall execute a tax
abatement agreement with the applicant.
b. For a completed and certified application for more than five years of tax
abatement:
(1) The Economic Development Office will evaluate a completed and certified
application based on:
(a) The project's increase in the value of the tax base.
(b) Costs to the City (such as infrastructure participation, etc.).
(c) Percent of construction contracts committed to:
(i) Fort Worth based firms, and
(ii) Minority and Women owned Business Enterprises (M/WBEs).
(d) Other items which the City and the applicant may negotiate.
(2) Consideration by Council Committee
Based upon the outcome of the evaluation, the Economic Development
Office may present the application to the City Council's Economic
Development Committee. Should the Economic Development Office present
the application to the Economic Development Committee, the Committee will
consider the application at an open meeting. The Committee may:
(a) Approve the application. Staff will then incorporate the application into a
tax abatement agreement which will be sent to the City Council with the
Committee's recommendation to approve the agreement; or
(b) Request modifications to the application. Economic Development Office
staff will discuss the suggested modifications with the applicant and then,
if the requested modifications are made, resubmit the modified application
to the Committee for consideration; or
(c) Deny the application. The applicant may appeal the Committee's finding
by requesting the City Council to: (a) disregard the Committee's finding
and (b) instruct city staff to incorporate the application into a tax
abatement agreement for future consideration by the City Council.
(3) Consideration by the City Council
The City Council retains sole authority to approve or deny any tax abatement
agreement and is under no obligation to approve any tax abatement
Adopted April 6, 2004 16
application or tax abatement agreement. The City of Fort Worth is under no
obligation to provide tax abatement in any amount or value to any applicant.
c. Effective Date for Approved Agreements
All tax abatements approved by the City Council will become effective on
January 1 of the year following the year in which a Certificate of Occupancy (CO)
is issued for the qualifying development project (unless otherwise specified in the
tax abatement agreement). Unless otherwise specified in the agreement, taxes
levied during the construction of the project shall be due and payable.
3. Development Fee Waivers
a. For certified applications of development fee waivers that do not require Council
approval, the Development Department will review the certified applicant's
application and grant appropriate incentives.
b. For certified applications of development fee waivers that require Council
approval, City staff will review the certified applicant's application and make
appropriate recommendations to the City Council.
4. Impact Fee Waiver
a- For certified applications of impact fee waivers that do not require Council
approval, 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 Department will release
the appropriate liens.
VII. REFUND POLICY
In order for an owner/developer of a Project in a NEZ to receive a refund of development
fees or impact fees, the conditions set forth in the Refund of Development and Impact
Fee Policy, attached as Attachment "A", must be satisfied.
VIII. OTHER INCENTIVES
A. Plan reviews of proposed development projects in the NEZ will be expedited by the
Development Department.
B. The City Council may add the following incentives to a NEZ in the Resolution adopting
the NEZ:
1. Municipal sales tax refund
2. Homebuyers assistance
3. Gap financing
Adopted April 6, 2004 17 -
4. Land assembly
5. Conveyance of tax foreclosure properties
6. Infrastructure improvements
7. Support for Low Income Housing Tax Credit (LIHTC) applications
8. Land use incentives and zoning/building code exemptions, e.g., mixed-use, density
bonus, parking exemption
9. Tax Increment Financing (TIF)
10. Public Improvement District (PID)
11. Tax-exempt bond financing
12. New Model Blocks
13. Loan guarantees
14. Equity investments
15. Other incentives that will effectuate the intent and purposes of NEZ.
IX. Public Notification
a. Subject to subsection (b), in order for an owner/developer to apply to receive any incentives
provided for under the NEZ Tax Abatement Policy and Basic Incentives, an
owner/developer must meet with the following persons and organizations to discuss the
Project:
1. the Council Member for the District the Project is located; and
2. the neighborhood associations or community based organizations registered with the
city in the NEZ the Project is located.
b. Subsection (a) shall be satisfied upon:
1. the owner/developer meeting with the City Council Member for the District the Project
is located and the nei0hborhood associations or community based organizations
registered with the city in the NEZ the Project is located; or
2. meeting with the City.Council Member for the District the Project is located and upon
the owner/developer providing proof that the owner/developer attempted to meet with
the neighborhood associations and the communis based organizations registered with
the city in the NEZ the Project is located and the associations or organizations failed to
arrange a meeting with the owner/developer within two weeks of initial contact.
X. Ineligible Projects
The following Projects or Businesses shall not be eligible for any incentives under the City' of
Fort Worth's Neighborhood Empowerment Zone (NEZ) Tax Abatement Policy and Basic
Incentives:
1. Sexually Oriented Businesses
2. Non-residential mobile structures
Adopted April 6, 2004 18
ATTACHMENT A
REFUND OF DEVELOPMENT AND IMPACT FEES OLICY
Purpose
This refund policy is for the purpose of establishing the conditions under which the City may
refund development and impact fees, normally waived through the Neighborhood Empowerment
Zone(NEZ).
Applicability
Unless expressly excepted, this policy applies to all development and impact fees waived by the
City through the NEZ.
Under the NEZ Tax Abatement Policy and Basic Incentives, City Departments are authorized to
waive impact and development fees for qualified projects located in a designated NEZ. The
impact fees include only water and sewer impact fees,up to $55,000 for commercial, industrial,
mixed-use or community facilities projects. The development fees that can be waived through
the NEZ include:
1. All building 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 Agreement (CFA) application fee
7. Zoning application fee
8. Street and utility easement vacation application fee.
To take advantage of these waivers, applicants need to obtain a certification letter from the
Housing Department.
Conditions for Refunds
The City will consider refunds only when circumstances beyond the developers control prevent
them from obtaining the qualification letter from the Housing Department.
A property owner and/or developer may qualify for a refund if the proposed development project
meets all criteria to receive a fee waiver under the NEZ Tax Abatement and Basic Incentives
Policy and:
a. The owner and/or developer was not made aware of the NEZ incentives at the time the
fees were paid; or
b. The owner and/or developer was mistakenly told that his/her property was not in a
designated NEZ; or
c. The owner and/or developer has put funds in an escrow account with a City Department
while awaiting a decision from the City Council about his/her project; or
d. City Council authorizes a City Department to issue a refund to the owner/developer.
Adopted April 6, 2004 19
Refund Charge
A refund charge will be assessed to help defray administration cost associated with the
processing of refund check. The charge shall be 20% of the amount of the refund. This charge
will be automatically deducted from the total refund amount.
Statute of Limitations
Any request, action or proceeding concerning the refund of fees normally waived through the
NEZ must be filed within ninety days following the date that the fees were paid. An applicant
who does not submit a refund request within 90 days of the transaction shall not qualify for a
refund.
To obtain a refund the applicant needs to:
• submit a NEZ application to the Housing Department for determination of the eligibility for
NEZ fee waivers, and
• submit a written request to the Department in which the fees were paid. Upon receiving a
confirmation from the Housing Department that the project meets 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 to:
a. Fees 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 paving liens.
An applicant shall not qualify for any refund if:
a. The applicant was made aware of the NEZ incentives before he/she pays the fees; or
b. The applicant does not meet the requirements for NEZ incentives at the time he/she paid
the fees; or
c. The applicant paid the fees before the refund policy was put in place; or
d. The applicant paid the fees before the designation date of the NEZ.
Disclaimer
In the event of any conflict between the City's ordinances or regulations and this policy, such
ordinances or regulations shall control. In the event of any conflict between this 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
refunds.
:.J
Adopted April 6, 2004 20
Exhibit "B"
Property Description
1320 Washington Avenue, Lot 2G, Block 26, DS Ross Subdivision, in the City of Fort
Worth, Tarrant County, Texas, and as shown on the Plat recorded in Volume 6, Pages
410, 411,412 & 413, Plat Records, Tarrant County, Texas.
03/14/2005 MON 9: 37 FAX 14001001/002 �1
i
(34—'i
FORT WORTH �n I
Application No. � T 1
CFFY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
PROJECT CERTIFICATION APPLICATION- FORM "A" FOR HOMEOWNERS
I. APPLICATION CHECK LIST
Please submit the hollowing documentation:
❑ A completed application form
❑ A list of all properties owned by the applicant, owner,developer, associates,principaLs,partners,and
agents in Fort Worth
❑ Application fee—cashier's check or money order payable to the City of Fort Worth(For tax abatement
applications only.For multifamily,commercial, industrial, commercial facilities,and mixed-use tax
abatement applications: 0.5%of the total Capital Tnvestnt of the project•, not to exceed$1,000.00;For
single family tax abatement applications:$25 per house);
❑ Proof of ownership, such as a warranty decd,affidavit of heirship, or a probated will OR evidence of site
control,such as option to buy(A registered warranty deed is required for tax abatement application.)
❑ Title abstract of the property(only if applying for release of City liens)
❑ A completed set of development plans,project description and development budget or contractor's quote
I
j ❑ Copy of Incorporation Papers noting all principals, partners, and agents
❑ Met with the Councilmember and Neighborhood 8t other Organizations representing the NEZ as outlined
j in the Public Notice requirement of the NEZ Policy and Guidelines revised April 6,2004.
❑ Support letter from Woodhaven Neighborhood Association and Woodhaven Community Development
Corporation (For projects located in Woodhaven NEZ only)
INCOMPLETE APPLICATIONS WTLL NOT 3E PROCESSED FOR CERTIFICATION UNTIL ALL
REQUIRED DOCUMENTS SHOWN*TN THE ABOVE CRI:CIKLIST ARE SUBMITTED WJT HTN 30 DAYS
AFTER THE APPLICATION IS RECEIVED.
YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING PERMITS ARE TSSUFD FOR
YOUR PROPERTY AND BEFORE ANY Itis TROVEMENTS ARE MADE TO YOUR PROPERTY. IT
TAKES 30 TO 90 BUSINESS DAYS TO COMTLETE THE TAX ABATEMENT AGREEMENT
APPROVAL PROCESS AFTER THE ISSUANCE OF NEZ CERTIFICATION DEPENDING ON THE
COMPLEXITY OF YOUR PROJECT.
H. APPLICANT/AGENT INFORMATION
I. Applicant: �A�L^� ;A y5 2. Contact Person:
3. Address: _2-ktk i iZPW0 - AW- , �� � 1 X �(oloq
Street City State Zip
4. Phone no.: I r� aa� 5. Fax No.:
6. Email:
7. Agent(if any)
8_ Address: iC 4 t Z %c-Ccs�rk% lJ �lr
Street City State Zip
9. Phone no.: 10. Fax No.: I
11. Email: ti
Tf you need furtherF392-7316.
t on or clarification,please contact Jamie Warner at(8 17)392-7507 or
Sarah Odle at(817
ala - 53
Revised September 20,2004 `-- 1
FORT WORTH
Application 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 an exhibit showing the location of the project.
Table 1 Property Ownership
Address Zip
(Project Location Code Subdivision Name Lot No. Block No.
ye- C t. 1 �t
' ' ' /Y /• V
Other properties owned in the City of Fort Worth -continue on a separate sheet and attach if necessary.
(Please attach additional sheets of paper as needed.)
2. For each properties listed in Table 1, please check the boxes below to indicate if.
• there are taxes due; or
• there are City liens; or
• You (meaning the applicant, developer, associates, agents, principals) have been subject to a Building
Standards Commission's Order of Demolition where the property was demolished within the last five
years.
Table 2 Property Taxes and City Liens
Address Property City Liens on Property
Taxes Weed Board-up/Open Demolition Paving Order of
Due Liens Stucture Liens Liens Liens Demolition
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ a ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ ❑ ❑ ❑ ❑ ❑
❑ 1 ❑ ❑ ❑ ❑ ❑
(Please attach additional sheets of paper as needed.)
Revised September 20,2004 2
FORT WORTH
Application No.
3. Do you own other properties under other names? ❑ Yes ❑ No
If Yes, please specify
i
4. Does the proposed project conform with City of Fort Worth Zoning? Yes ❑No
If no,what steps are bei taken to insure compliance?
5. Project Type: ❑ ❑ ❑ ❑ ❑
S,
Multi- Commercial Industrial Community Mixed-Use
Family Family Facilities
6. If your project is a commercial, industrial, or mixed-use project, please describe the types of
businesses that are being proposed:
7. Is this a new construction or rehab project?
New Construction ❑Rehab
S. How much is the total development cost of your project?
9. Will the eligible rehabilitation work* equal to at least 30% of the Tarrant AVis
a] District (TAD)
assessed value of the structure during the year rehabilitation occurs? es ❑No
• Eligible rehabilitation includes only physical improvements to real property. It does NOT include:
Front yard fencing consisting of chain-link or solid material construction; personal property such as furniture,
appliances, equipment, and/or supplies. Total eligible rehabilitation costs shall equal to or exceed 30% of the TAD
appraised value of the structure during the year rehabilitation occurs.
10. How much is the total square footage of your project? f �� 7 square feet
11. For a sinEle-family homeownership, mixed-use, or multi-family development project, 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 Range of Owners or Renters
Number of Units Percentage
Income Range
> 80% of AMFI**
At or below 80% of AIviF'I
Total Units
**AMFI:Area Median Family Income. Please see attachment for income and housing payment guidelines.
12. For a multifamily to be qualified for tax abatement, at least 20% of total units shall be
affordable to families at or below 80% of AMFI. Check the box if you are requesting a waiver of this
requirement. ❑
13. For a commercial, industrial or a commercial, industrial or communi�facilitiesproiect, indicate square footage of non-
residential space.
Commercial Industrial Community Facilities
square feet square feet square feet
Revised September 20,2004 3
FORT WORTH
Application No.
PLEASE ANSWER QUESTIONS NO.14 TO NO. 16 ONLY IF YOU ARE APPLYING FOR TAX
ABATEMENT.
14. How much will be your Capital Investment*** on the project? Please use the following table to
provide the details and amount of your Capital Investment (Attached additional sheets if necessary).
Table 4 Capital Investment of the Project
Items Amount. Notes
Total..
***Capital Investment includes only real property improvements such as new facilities and structures,site improvements, facility
expansion, and facility modernization. Capital Investment DOES NOT include land acquisition costs and/or any existing
improvements,or personal property(such as machinery,equipment,and/or supplies or inventory).
15. For a commercial, industrial, community facility or mixed-use project, how many employees will the
project generate?
16. For a mixed-use project, please indicate the percentage of all uses in the project in the following table.
Table 5 Percentage of Uses in a Mixed-Use Project
Type Square-Footage Percentage
Residential
Office
Eating
Entertainment
Retail sales
Service
Total
III. INCENTIVES
1. What incentives are you applying for?
Municipal Property Tax Abatements
Must rovide Final Plat Cabinet and Slide for Tax Abatement Cabinet Slide
5 years ❑ More than 5 years
Development Fee Waivers
All building permit related fees (including Plans Review and Inspections)
Plat application fee(including concept plan,preliminary plat, final plat, short form replat)
Zoning application fee ❑ Board of Adjustment application fee
LP
Demolition fee ❑ Structure moving fee
Community Facilities Agreement(CFA)application fee
Street and utility easement vacation application fee
Impact Fee Waivers
MImpact fee Meter Size No. of meters?
Release of City Liens
4 Weed liens ❑ Paving liens
Board up/open structure liens ❑ Demolition liens
Revised September 20,2004 4 ` '
03/14/2005 KOx 9: 37 FAX ®002/002
FORT WORTH
Application No.
TH. ACKNOWLEDGMENTS
11lereby .certify that the information provided is true and accurate to the best of my knowledge. I hereby
acknowledge that I have received a copy of NEZ Basic Incentives,which governs the granting of tax abatements, fee
waivers and release of City liens, and that any VIOLATION of the terms of the NEZ Basic Incentives or
MISREPRESENTATION shall constitute grounds for rejection of an application or tennination of incentives at the
discretion ofthe City.
I understand that the approval of fee waivers and other incentives shal l not be deemed to be approval of any aspect of
the project. I understand that T am responsible in obtaining required permits and inspections from the City and in
ensuring the project is located in the correct zoning district.
I understand that my application will not be processed if it is incomplete. I agree to provide any additional
information for determining eligibility as requested by the City.
(TYPED NAME) (AUT ORLZED SIGNATURE) (D T )
)Please mail or fax your application to:
City of Fort Worth,Housing Department
1000 Throclanorton Street,Fort Worth,Teim 76102
(8117)392-7328
i
Electronic version of this form is available by request. Please call 817-392-7507 to request a copy. For more
information on the NEZ Program,please visit our web site at www.fortworthgov.org/housing.
For Office Use O ly (moo oat
—
Application No.m�- tIn which NLZ? 11 ouunn`cil District
Application omplcted bate(Received Date): Conform with Zoning? 341 es []No
Type? YSF ❑Multifamily ❑Commercial ❑�Indljial ❑Community facilities ❑ Mixed-Use
Construc,-tion completion date? ❑Before NEZ r NE7_ Ownership/Site Control es ❑
TAD Account No. 0�LtOConsistent with the NEZ plan? Yes ❑No
Meet affordability test? Bi<s ❑No Minimum Capital Investment? ❑Yes ❑No
Rehab at or higher than 30%? _ �;�— Meet mixed-use definition? ❑Yes ❑No
Tax current on this property? cs ❑No Wax current on other properties'? es ❑ No
City liens on this property? City liens on other properties?
■ Weed liens ❑ Yes 1Vo • Weed liens ❑ Yes Xo
• Board-up/open structure liens ❑Yes [k< • Board-up/open structure liens ❑ Yes p<0
• Demolition liens ❑Yes E'No • Demolition liens ❑ Yes ED• Paving liens [IYes • Paving liens ❑Yes
• Order of demo tion ❑ Yes No • Order ofdemolition Yesa
Ceriified? es ❑ No Certified by Date certification issued?
If not certified,reason
Referred to: ❑Economic Development ElHoLising ❑Develo meat ❑Water ❑Code ❑TPW
Revised Scptcmbcr 20,2004 5
FORT WORTH
Application No. _
ATTACHMENT INCOME AND HOUSING PAYMENT GUIDELINES
Family Size 80% of Median Income* Maximum Housing Payment Affordable for
Individuals or.Families
at 80%of Median Income
1 $35,100 $877
2 $40,150 $1,003
3 $45,150 $1,128
4 $50,150 $1,253
5 $54,150 $1,353
6 $58,200 $1,455
7 $62,200 $1,555
8 $66,200 $1,655
*Source: 2004 Fort Worth-Arlington PMSA HUD Income Guidelines
Revised September 20,2004 b
Exhibit "D"
Project Description
Single Family 2 Story Residence
Brick exterior with wood windows
3 bedrooms
2 and 1/2 baths
1856 square feet in house
Formal Dining Room
Office
Landscaping
Compatible historic features
Approved by Historic and Cultural Landmarks Commission (approved certificate
attached)
Page I of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2005
DATE: Tuesday, June 07, 2005
LOG NAME: 05TITUS REFERENCE NO.: C-20782
SUBJECT:
Authorization to Enter into a Tax Abatement Agreement with Maria Titus and Jason Titus for
a Property Located in the Magnolia Village Neighborhood Empowerment Zone at 1320 Washington
Avenue
RECOMMENDATION:
It is recommended that the City Council:
1. Approve a five-year Municipal Property Tax Abatement for a property located at 1320 Washington
Avenue owned by Maria Titus and Jason Titus in the Magnolia Village Neighborhood Empowerment Zone
(NEZ);
2. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement (the
Agreement) with Maria Titus and Jason Titus are true and correct; and
3. Authorize the City Manager to enter into a Tax Abatement Agreement with Maria Titus and Jason Titus
for 1320 Washington Avenue in the Magnolia Village NEZ in accordance with the NEZ Tax Abatement
Policy and Basic Incentives.
DISCUSSION:
Leonel Garcia and Janie Garcia are the owners of the property at 1320 Washington Avenue (DS Ross
Subdivision, Block 26, Lot 2G). The property is located in the Magnolia Village NEZ and Neighborhood
Empowerment Reinvestment Zone (NERZ No. 5). Maria Titus and Jason Titus applied for a five-year
municipal property tax abatement under the NEZ Basic Incentives (M&C G-13208R, M&C G-13580, M&C
G-13662 and M&C C-19551, as amended). The Housing Department reviewed the application and certified
that the property meets the eligibility criteria to receive NEZ municipal property tax abatement. The NEZ
Basic Incentives offers a five-year municipal property tax abatement on the increased value of
improvements to the qualified owner of any new home constructed within a NEZ.
Maria Titus and Jason Titus will invest $200,000.00 to construct a single-family home in the Magnolia
Village NEZ. The property is also located in the Fairmount Southside Historic District. The Historic and
Cultural Landmarks Commission approved the construction plan at its meeting on April 12, 2005. A copy of
the approval letter from the Commission is attached as Exhibit "A." A description of the home to be
constructed is attached as Exhibit "B." The Tax Abatement Agreement is attached as Exhibit "C."
Upon execution of the Agreement, the total assessed value of improvements used for calculating municipal
property tax will be frozen for five years at the most recent pre-improvement value as defined by the Tarrant
Appraisal District (TAD). The Abatement only applies to the improvement value, not to the land. The term
of the Abatement shall begin on January 1 of the year following the calendar year in which the required
improvement was completed and unless sooner terminated, shall end on December 31 immediately
preceding the fifth anniversary of the beginning date. In January 2005, TAD estimated the pre-improvement
value of the property as follows:
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 06/17/2005
Page 2 of 2
Pre-improvement TAD Value of Improvements $ 0.00
Pre-improvement Estimated Value of Land $8,000.00
Total Pre-improvement Estimated Value $8,000.00
The municipal property tax on the improved value of the home after its construction is estimated at
$1300.00 per year, for a total of $6,500.00 over the five year period. However, this estimate may be
different from the actual tax abatement value which will be calculated based on the Tarrant Appraisal
District appraised value of the property.
The Tax Abatement Agreement provides that the Agreement may be assigned without subsequent City
Council approval to Maria Titus and Jason Titus's first mortgagee, or to a homeowner who will use the
required improvements as his/her primary residence or the homeowner's mortgagee. All other assignments
must be approved by the City Council.
This property is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/AccounVCenters
Submitted for City Manager's Office by: Dale A. Fisseler (6266)
Originating Department Head: Jerome Walker (7537)
Additional Information Contact: Sarah Odle (7316)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 06/17/2005