HomeMy WebLinkAboutContract 31328 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A
NEIGHBORHOOD EMPOWERMENT ZONE
5617 Houghton 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 A.
Fisseler, its duly authorized Assistant City Manager, and Joe C. Westbrook ("Owner"), owner of
property located at 5617 Houghton Avenue, Block 48, Lot 7&8, Chamberlain Arlington Heights
addition, Second Filing, in the City of Fort Worth, 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, 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").
02-16-05AA4 :42 RCVD
E. On April 2, 2002, the City Council adopted Ordinance No. 15061 (the
"Ordinance") establishing "Neighborhood Empowerment Reinvestment Zone No.
Two," City of Fort Worth, Texas (the"Zone").
F. Owner owns certain real property located entirely within the Ridglea Village/Como
NEZ and that is more particularly described in Exhibit `B", attached hereto and
hereby made a part 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 November 23, 2004, 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 1900 square feet in size and built to the
specifications listed in Exhibit "D" and (ii) having an appraised value of at least
$100,000.00 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 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, 2004, 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(5t') 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
$25.00.
3. RECORDS,AUDITS AND EVALUATION OF PROJECT.
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, the City shall make a decision and rule on the
Abatement to Owner for the following year of the Term and shall notify Owner of such
decision and ruling. 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 RESIDENCE
ONCE THE ABATEMENT BEGINS (iv) Owner does not comply with Chapter 7 and
Appendix B of the Code of Ordinances of the City of Fort Worth (collectively, each an
"Event of Default").
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 '"siting, 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
party shall have any further rights or obligations hereunder.
5. EFFECT OF SALE OF PREMISES.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the
A
i
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.
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 Joe C. Westbrook
Attn: City Manager 5613 Houghton Avenue
1000 Throckmorton Fort Worth, Texas 76107
Fort Worth, Texas 76102
And
Housing Department
Jerome C. Walker,Director
1000 Throckmorton
Fort Worth,Texas 76102
7. MISCELLANEOUS.
7.1. Bonds
Tax increment bonds will not finance the Required Improvements. 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-20479 on January 4, 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.
1 i
EXECUTED this b"-Iday of 2005, by the City of Fort Worth,
Texas.
2005, by Joe C. Westbrook.
EXECUTED this�day of
CITY OF FORT WORTH: OWNER:
By: BZZ4(C2,j4
Dale ALIfisseler oe C. Westbrook
Assistant City Manager Owner
ATTEST:
By:
f�\
City Secretary
APPROU A
A_S T ORM ND LEGALITY:
By:
C thia Garcia
Assistant City Attorney
M&C: C-20479
4 it —
] .e
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Dale A. 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 144k day of
2005.
Mir
r KATHY F.DURHAM
Notary P lic in and for MY COMMISSION EXPIRES
the State of Texas rJanuary 24,2009
_ ria -
Notary's P6ted Name
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Joe C. Westbrook,
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, in the capacity therein stated and as the act and deed of
G EN UNDER MY HAND AND SEAL OF OFFICE this day of
u , 2005.
Notary PAC in and fo
the State of Texas /
62k e-
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
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
Exhihit A
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.
II. 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).
"City of Fort Worth Tax Abatement Policy Statement" means the policy adopted by City Council on
February 29,2000.
"CommerciallIndustrial 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", "CommerciallIndustrial 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.
C11 11,
Ill. MUNICIPAL PROPERTY TAX ABATEMENTS
A. RESIDENTIAL PROPERTIES LOCATED IN A NEZ- FULL ABATEMENT FOR 5
YEARS
1. For residential property purchased before NEZ designation, a homeowner shall be
eligible to apply for a 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 5 years.
If an applicant applies fora tax abatement agreement with a term of five years o
less, this section shall apply.
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
years, this section shall apply.
Abatements for multi-family development projects for up to 10 years are subject to
City Council approval. The applicant may apply with the Housing 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 I 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
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 through 10 of the Tax Abatement Agreement
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
1. .100% Abatement of Cid 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.
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. MIXED-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
(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 to 10 years
If an applicant applies for a tax abatement agreement with a term of more than five
years, this section shall apply.
Abatements agreements for a Mixed Use Development projects for up to 10 years
are subject to City Council approval. The applicant may apply with the Housing
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 I 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
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 111.
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:
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
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 for an
abatement, a property owner may enter into a tax abatement agreement with the City
of Fort Worth. The tax abatement agreement shall automatically terminate if the
property subject to the tax abatement agreement is in violation of the City of Fort
Worth's Minimum Building Standards Code and the owner is convicted of such
violation.
6. A tax abatement granted under the criteria set forth in Section 111. 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 111.13, C or D must:
Satisfy the criteria set forth in Sections 111.13, C or D, as applicable, and Sections III.E.1 E.2; and
E3. and
File an application with the Housing Department, as applicable; and
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
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 certi4_that-#ia—-
7, 1 r
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
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
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 project 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
T. 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
Single family and multi-family residential development projects in the NEZ.
Automatic 100% waiver of water and wastewater impact fees will be applied.
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
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
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. 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.
V1. PROCEDURAL. STEPS
A. APPLICATION SUBMISSION
1. The applicant for NEZ incentives under Sections 111. 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 111. 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,
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 (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, 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.
L
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 (MIWBEs).
(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
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.
Vill. 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
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() shall be satisfied upon:
1. the owner/developer meeting with the City Council Member for the District the Project
is located and the neighborhood associations or community based organizations
registered with the city in the NEZ the Project is located; o
2. meeting with the City Council Member for the District the Project is located and upon
the owner/developer providing proof that the owner/developer attempted to meet with
the neighborhood associations and the community based organizations registered with
the city 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
I ncentives:
1. Sexually Oriented Businesses
2. Non-residential mobile structures
ATTACHMENT A
REFUND OF DEVELOPMENT AND IMPACT FEES POLICY
Purpose
This refund policy is for the purpose of establishing the conditions under which the City 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:
I. 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.
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
refimd.
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
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.
EXHIBIT B
Property General Legal Description
5617 Houghton Street: Block 48, Lot 9, Chamberlain Arlington Heights Addition, 2nd Filing
,r a
EXHIBIT C
Application: NEZ Incentives and Tax Abatement
it
westbrook.pdf
T
FORT WORTH
Application No.
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ)PROGRAM
PROJECT CERTIFICATION APPLICATION
FORM C FOR DEVELOPMENT PROJECTS
I. APPLICATION CHECK LIST
Please submit the following documentation:
❑ A completed application form
❑ A list of all properties owned by the applicant in Fort Worth
Application fee of 0.5% of the total Capital Investment of the project, not to exceed
I-hGO&W—cashier's check(for tax abatement applications only)
❑ Proof of ownership, such as a warranty deed, affidavit of heirship, or a probated will OR
evidence of site control,such as option to buy
❑ Title abstract of the property(optional)
For Rehabilitation Prolects Only:
❑ A completed set of Rehabilitation (Remodel)
Plan and a list of eligible rehabilitation
costs*. (for applications of tax abatements and development fee waivers for rehab
projects only)
Eligible rehabilitation includes only physical improvements to real property. It does NOT include personal
property such as furniture, appliances, eqaipment,and/or supplies. Total eligible rehabilitation costs shall equal
to or exceed 30% of the Tan-ant Appraisal District (TAD) appraised value of the structure during the year
rehabilitation occurs.
YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING PERMITS ARE ISSUED FOR
YOUR PROPERTY.
E1. APPLICANT AGENT INFORMATION
I., Applicant- 6 �
3. Address: 2. ContactPersow.
Street city State Zip
4. Phone no.: ?37— �p 5. Fax-Nb.:
6. Email:
7. Agent(if any)
8. Address:
Street city State Zip
9. Phone no.: 10. Fax No.:
II. Email:
If you need further information or clarification, please contact Chun-I Lu at (81871-731il
Bea Cura at(817)871-8036.
L
FORT WORTH
IIL 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 I Property Ownership
Address zip Legal Description
Code Subdivision Lot No. Block No.
(Project Location) 66,17
76 le 7
(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 hens;or
• you 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 Stacture Liens Liens Liens Demolition
0
ED
F] I El 1:1 11 7
11 El
El D
F1 ❑
(Please attach additional sheets of paper as needed.)
3. Do you own other properties under other names? EJ Yes Jallo
If Yes,please specify
4. Does the proposed project conform with City of Fort Worth Zoning? Yes F1 No
If no,what steps are being taken to insure compliance?
5. Project Type: 2 El F1 ❑ F-1 f-1
Single Multi- Commercial Industrial Community Mixed-Use
Family Family Facilities
FORT WORTH
O'n 1
6. Is this a new construction or rehab project?
New Construction F-1 Rehab
7. Will the rehabilitation work* equal to at least 30%of the Tarrant Appraisal District
(TAD)assessed value of the structure during the year rehabilitation occurred?
F-1 Yes F No
*Only physical improvements to real property is eligible. DO NOT include personal property
A.
such as furniture,appliances, equipment,and/or supplies.
& For a single family homeownership,mixed-use,or muld-family development proiect<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
4fUll 6-
.41unber
>80%of AWI**
At or below 801/6 of AA1FI
'4
"AMR:Area Median Family Income. Please see attachment far income and housing payment guidelines.
9. For a multifamily project to be qualified for tax abatement,at least 20%of total units shall
be affordable to families at or below 80%of A Check the box if you are requesting a
waiver of this requirement. F
10. For a commercial,industrial or community facilities project,indicate square footage of
non-residential space.
Commercial Industrial Community Facilities
square feet square feet square feet
PLEASE ANSWER QUESTIONS NO.10 TO NO. 12 ONLY IF YOU ARE APPLYING
FOR A TAX ABATEMENT.
11. 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
Table 4 Capital Investment of the Project
Items Amount
t
***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).
7
FORT WORTH
12. For a commercial.industrial,community facility or mixed-use proiect.how many
employees will the project generate?
13. For a mixed-use 2roxect.please indicate the percentage of all uses in the project in the
following table.
Table 5 Percentage of Uses in a Mixed-Use Project
Square Footage a r� 1'.eceutage .
Residential
Office I
Eating
Entertainment
Retail sales
Service
.Total.
IVB it lR.+L'tt1Tl T.i S
1.What incentives are you applying for?
Municipal Property Tax Abatements �
5 years
❑ .More than.5 years
Development Fee Waivers
�] All building permit related fees(including Plans Review and Inspections)
How much is your total development costs? $ 1 �� �a�o o
How much is the total square footage ofyourpro*ect? square feet
® Plat application fee(including concept plan,preliminary plat,final plat,short form replat)
Board of Adjustment application fee
] Demolition fee
F-] Structure moving fee
❑ Community Facilities Agreement(CFA)application fee
Zoning application fee
Street and utility easement
Impact Fee Waivers
E !Impact fee waiver
Meter Size How many meters?
Release of City Liens
❑ Weed liens
❑ Board up/open structure liens
Q Demolition Iiens
❑ Paving liens
L71`.:tom ,.. •_'r .
FORT WORTH
V. ACKNOWLEDGMENTS
I hereby 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
termination of incentives at the discretion of the City.
I understand that the approval of fee waivers and other incentives shall not be deemed to be approval of
any aspect of the project. I understand that I am responsible in obtaining required permits and
inspections from the City and in ensuring the project is located in the correct zoning district.
I agree to provide any additional information for determining eligibility as requested by the City.
(TYPED NAMIF,) (XUTHORJ=SIGNATURE) {DATE)
6t
09,
.W .'44*515- Flt'
PEP-
Electronic version of this form is available by request. Please call 817-871-7381 to request a copy. For more
information on the NEZ Program,please visit our web site at www.fortworthgov.org/housing.
For Office Use Only
Application No.*KP--A-001Z) In which NEZ?fJ?Aek/e-Pm1> Conform with Zoning? E@Yes E]No
Type? to SF F-1 Multifamily n Commercial n industrial F-I Community facilities E]Mixed Use
Construction completion date? El Before NEZ 2 After NEZ Ownership F1 Yes []No
TAD Account No. Consistent with the NEZ plan? Yes F-1 No
Meet affordability test? [K Yes F No Minimum Capital Investment? (S Yes El No
Rehab at or higher than 30%? n Yes F No Meet mixed-use definition? []Yes F1 No
Tax current on this property? [Z Yes E]No Tax current on other properties? Yes Q No
City liens on this property? City liens on other properties?
• Weed liens El Yes X No * Weed liens ❑Yes No
• Board-up/open structure liens F-1 Yes No * Board-uplopen structure liens ❑Yes No
• Demolition liens F-1 Yes No * Demolition liens El Yes rg No
• Paving liens El Yes M No * Paving liens n Yes No
• Order of demolition [I Yes [2 No a Order of demolition F1 Yes No
Certified? F Yes F]No Certified by Date certification issued?
If not nerhfitvi. rrqRnrt
Referred to: E]Economic Development DHousing DDevelopment E]Water E]Code EITPW
Revised Apra ig,2m
17'
i
- i
FORT WORTH
ATTACEMNT 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 $34,350 $859
2 $39,250 $981
3 $44,150 $1,104
4 $49,050 $1,226
5 $52,900 $1,323
6 $56,900 $1,423
7 $60,800 $1,520
8 $64,750 $1,619
*Source: 2002 Fort Worth-Arlington PMSA HUT)Income Guideline
i
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EXHIBIT D
Project Description
Wit
westbrook II.pdf
2 Bedroom
2 Bath
Formal Dining Room
2 Car garage
A/C Area 1,998 Sq. Ft.
Garage-Storage 575 Sq. Ft.
Porch 133 Sq. Ft.
Total Slab 2,706 Sq. Ft.
Masonry Exterior
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City of Fort Worth,, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/4/2005
DATE: Tuesday, January 04, 2005
LOG NAME: 05WESTBRK REFERENCE NO.: C-20479
SUBJECT:
Approval of Tax Abatement Agreement with Joe C. Westbrook for Property Located at 5617
Houghton Street in the Ridglea Village/Como Neighborhood Empowerment Zone
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a Tax Abatement Agreement with Joe C. Westbrook for the
property at 5617 Houghton Street in the Ridglea Village/Como Neighborhood Empowerment Zone (NEZ) in
accordance with the NEZ Tax Abatement Policy and Basic incentives; and
2. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement (The
Agreement) with Joe C. Westbrook are true and correct.
DISCUSSION:
Joe C. Westbrook is the owner of the property at 5617 Houghton Street, (Chamberlain Arlington Heights
Addition (2nd Filing), Block 48, Lot 9 and 10) which is located in the Ridglea Village/Como NEZ. He has
applied for municipal tax abatement under the NEZ Tax Abatement Policy and Basic Incentives (M&C G-
13208R, M&C G-13580, M&C G-13662, M&C C-19551 and M&C G-14327 as amended). The NEZ Basic
Incentives offers a five-year municipal property tax abatement on the increased value of improvements to
the qualified owner of a property newly constructed or rehabilitated in a NEZ. The Housing Department has
reviewed Mr. Westbrook's application and certified that the property meets the eligibility criteria and may
receive this NEZ municipal tax abatement.
The owner plans to invest a total of $100,000 to construct at 2706 square foot, 2 bedroom, 2 bath, 2 car
garage, brick home on the property, with formal dining area. Plans and elevations of this structure are
attached as Exhibit "A". The construction of this home is projected to be completed by the end of
December 2005. The form of the Tax Abatement Agreement is attached as Exhibit"B".
Upon execution of the agreement, the current total assessed valuation of $2500 used for calculating
municipal property tax on 5617 Houghton Street will be frozen for a five-year period at this pre-construction
value as defined by the Tarrant Appraisal District (TAD). This tax abatement will only apply to the
improvement value of the new home, not 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 proceeding the fifth anniversary of the beginning
date. On January 1, 2004 TAD estimated the pre-improvement value of the property as follows:
Pre-rehabilitation TAD value of improvements $ 0
Pre-rehabilitation TAD value of land $ 2500
Total pre-improvement estimated value $ 2500
Logname: 05WESTBRK Pagel of
The estimated value of the new home is $ 100,000.00. Therefore the municipal property tax with homestead
exemption is estimated at$605.50 per year for a total of$ 3,027.50 over the five-year period. This estimate
may be different from the actual tax abatement value, which will be calculated based on the TAD appraised
value of the property.
Should the ownership of the property change, this Tax Abatement Agreement provides that the agreement
may be assigned for any remaining term of the agreement without subsequent City Council approval to Mr.
Westbrook's first mortgage holder, or to any future homeowner who will use the improved property as
his/her primary residence, or to that homeowner's mortgage holder(s). All other assignments must be
approved by the City Council.
This property is located in Council District 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on city funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Dale Fisseler(6266)
Originating Department Head: Jerome Walker(7537)
Additional Information Contact: John C. Cox (7319)
Logname: 05WESTBRK Page 2 oft