HomeMy WebLinkAboutContract 46655 CITY SECRETAMf) / �-
COWRACT NO. "tiv
TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN A NEIGHBORHOOD
EMPOWERMENT ZONE
5909 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 David Cooke, its duly authorized City Manager,
and Toniya Lynnette Hart Burton, ("Owner"), owner of property located at 5909 Houghton Avenue,
Block 235, Lots 5 & 6, Chamberlain Arlington Heights, Second Filing, an addition to the City of Fort
Worth, Tarrant County, Texas, according to the Plat recorded in Volume 69, Page 40, of the Plat Records
of 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", these were readopted on
May 21,2013 (Resolution No. 4209).
M D. The NEZ Incentives contain appropriate guidelines and criteria governing tax abatement
C-)
agreements to be entered into by the City as contemplated by Chapter 312 of the Texas Tax
M
Code, as amended("Code").
0
3 E. On March 27, 2012, the City Council adopted Ordinance No. 17564 ("Ordinance")
establishing "Neighborhood Empowerment Reinvestment Zone No. 2," City of Fort Worth,
00 Texas ("Zone"). On November 12, 2013, the City Council adopted Ordinance No. 21035
("Ordinance") expanding the boundary of "Neighborhood Empowerment Reinvestment
Zone No. 2," City of Fort Worth,Texas ("Zone").
OFFICIAL RECORD
CITY SECRETARY
NEZ Tax Abatement with Toniya Lynnette Hart Burton FT,WORTH,TX
Approved by M&C C-26674, February 18, 2014
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F. Owner owns certain real property located entirely within the Ridglea Village/Como NEZ and
that is more particularly described in Exhibit"I", 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 used
as rental property.
H. On January 17, 2014, Owner submitted a complete application for NEZ incentives and for
tax abatement to the City concerning the contemplated use of the Premises (the
"Application"), attached hereto as Exhibit"2" 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 repair/remodel a Single-Family Dwelling, (collectively, the "Required
Improvements"), the kind and type of remodel are more particularly described in Exhibit "3".
Minor variations 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 Required Improvements are in the manner described in Exhibit "3". Tarrant Appraisal
District must appraise the property (improvements and land) within 10% of$48,000.00.
1.2. Completion Date of Required Improvements.
Owner certifies that the Required Improvements will be completed within two years from the
date of Council approval. The abatement will automatically terminate two years after Council
approval if the project is not complete, 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
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purposes of this Agreement, force majeure shall mean an event beyond Owner's reasonable control
as determined by the City of Fort Worth in its sole discretion, which shall not be unreasonably
withheld, including, without limitation, delays caused by adverse weather, delays in receipt of any
required permits or approvals from any governmental authority, acts of God, or fires. Force majeure
shall not include construction delays caused due to purely financial matters, such as, without
limitation, delays in the obtaining of adequate financing.
1.3. Use of Premises.
Owner covenants that the Required Improvements shall be rehabilitated/remodeled and the
Premises shall be used as rental property in accordance with the description of the Project set forth
in the Exhibit "Y'. In addition, Owner covenants that throughout the Term, the Required
Improvements shall be operated and maintained for the purposes set forth in this Agreement and in
a manner that is consistent with the general purposes of encouraging development or
redevelopment of the Zone.
2. ABATEMENT AMOUNTS,TERMS AND CONDITIONS.
Subject to and in accordance with this Agreement, the City hereby grants to Owner a real property
tax abatement of City of Fort Worth imposed taxes on the Premises for the Required Improvements, as
specifically provided in this Section 2 ("Abatement"). Abatement does not include taxes from other taxing
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 due to the Required Improvements, over its value on January 25,
2014, the year in which both parties executed this Agreement.
If 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 be 100% of the increase in value from the construction of the
Required Improvements and shall apply only to taxes on the increase in value of the Premises due
to construction of the Required Improvements. The Abatement shall not apply to taxes on the
land, nor shall the abatement apply to mineral interests.
2.3. Term of Abatement.
The term of the Abatement ("Term") shall begin on January 1 of the year following the
calendar year in which the Required Improvement is completed by final inspection ("Beginning
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Date") 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 $100.00.
The application fee shall not be credited or refunded to Owner or its assigns for any reason.
3. RECORDS,AUDITS AND EVALUATION OF REQUIRED IMPROVEMENTS.
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 "3". Owner must provide
documentation that Owner is using the Required Improvements as rental property (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 March 1 following the end of every year during the Compliance Auditing Term
and at any other time 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.
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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 Required Improvements, or its ad valorem taxes with
respect to the tangible personal property located on the Premises, become delinquent and Owner
does not timely and properly follow the legal procedures for protest and/or contest of any such ad
valorem real property or tangible personal property taxes; (iii) OWNER DOES NOT USE THE
PREMISES AS RENTAL PROPERTY ONCE THE ABATEMENT BEGINS; or (iv)
OWNER DOES NOT COMPLY WITH CHAPTER 7 AND APPENDIX B OF THE CODE
OF ORDINANCES OF THE CITY OF FORT WORTH (collectively, each an "Event of
Default").
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 sixty (60) calendar days from the date of receipt of this written notice to fully cure or
have cured the Event of Default. if Owner reasonably believes that Owner will require additional
time to cure the Event of Default, Owner shall promptly notify the City in writing, in which case
(i) after advising the City Council in an open meeting of Owner's efforts and intent to cure, Owner
shall have ninety (90) calendar days from the original date of receipt of the written notice, or (ii) if
Owner reasonably believes that Owner will require more than ninety (90) days to cure the Event of
Default, after advising the City Council in an open meeting of Owner's efforts and intent to cure,
such additional time, if any, as may be offered by the City Council in its sole discretion.
4.3. 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
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and involvement by the City; and (iii) otherwise harm the City, and Owner agrees that the amounts
of actual damages there from 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.
4.5 Sexually oriented business & Liquor Stores or Package Stores.
a. Owner understands and agrees that the City has the right to terminate this
agreement if the Required Improvements contains or will contain a sexually oriented business.
b. Owner understands and agrees that the City has the right to terminate this
agreement as determined in City's sole discretion if the Required Improvements contains or will
contain a liquor store or package store.
5. EFFEdT OF SALE OF PREMISES.
Except for an assignment to Owner's first mortgagee or to a homebuyer who will use the Required
Improvements rental property 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
NEZ Tax Abatement with Toniya Lynnette Hart Burton
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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 rental property 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: and Owner:
City of Fort Worth Housing & Economic Development Dept. Toniya L. Hart Burton
Attn: City Manager's Office Attn: Jay Chapa, Director 5644 Valley Cedar Dr.
1000 Throckmorton 1000 Throckmorton El Paso, Texas 79932
Fort Worth, Texas 76102 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 Planning or Zoning
Commission or any member of the governing body of any taxing units in the Zone.
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7.3. Conflicts Be:veen 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 "3", 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-26674 on February 18, 2014, 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, if requested,
will be addressed to the Owner, and shall include, but not necessarily be limited to, statements that
this Agreement is in full force and effect without default (or if an Event of Default exists, the nature
of the Event of Default and curative action taken and/or necessary to effect a cure), the remaining
term of this Agreement, the levels and remaining term of the Abatement in effect, and such other
matters reasonably requested by the party or parties to receive the certificates.
7.7. Owner 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.
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7.9. Severabilitv.
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.
7.10 Headines Not Controlling.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
7.11. Entire(.of Aizreement.
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.
CITY OF FORT WORTH: OWNER:
B
Fernando Costa Toniya L nette Hart Burton
Assistant City Manager
ATTEST- � f:ORG
� c a
By: %0
rvI Kay "�g o�
City Secre ary % 8Z
� 000a
APPROVED AS TO FORM AND LEGALITY:
By: 2�1wUy
Melinda Ramos
Assistant City Attorney
M & C: C-26674
OFFICIAL RECORD
NEZ Tax Abatement with Toniya Lynnette Hart Burton CITY SECRETARYFT.WORTH T
Approved by M&C C-26674, February 18, 2014 X
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority,on this day personally appeared Fernando Costa, 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 day of
2015.
Notary Pu lic i nd for ,""""•• TRIKINYA L. JOHNSON
the State of Texas Notary Public.State of Texas
y€ My Commission Expires
Notary's Prinfed Name
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Toniya Lynnette Hart Burton,
known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that she executed the same for the purposes and consideration therein expressed, in the capacity therein
stated. '20 v,
CTIVEN UNDER MY HAND AND SEAL OF OFFICE this ,tday of
art
2—v15-
Yota.DAVlic inAnd for
t e tate of Texas :< BOBBY RGSAS
"'�� A''i C;AJI'iSSiON EXPIRES
` Ji+ne 14,2017
Notary's Printed Name
NEZ Tax Abatement with Toniya Lynnette Hart Burton
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Exhibit 1: Property Description
Exhibit 2: Application: (NEZ) Incentives and Tax Abatement
Exhibit 3: Required Improvements description including kind, number and location of the proposed
improvements.
NEZ Tax Abatement with Toniya Lynnette Hart Burton
Approved by M&C C-26674, February 18, 2014
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Exhibit"1"
Property Description
5909 Houghton Avenue, Block 235, Lots 5 & 6, Chamberlain Arlington Heights, Second Filing, an
addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 69,
Page 40, of the Plat Records of Tarrant County, Texas.
Exhibit 2
FORT WORTH Application No. / d 0 o O
CITY OF FORT WORTH
NEIGHBORHOOD EMPOWERMENT ZONE (NEZ) PROGRAM
PROJECT CERTIFICATION APPLICATION
1. APPLICATION CHECK LIST - Please submit the following documentation:
A completed application form
[}� A list of all properties owned by the applicant,owner,developer,associates,principals,partners,and agents
1 in the City Fort Worth
�JJ Non Refundable Application fee—For all Basic Incentives applications excluding Tax Abatement the
application fee is 525.00.For multifamily,commercial,industrial,commercial facilities,and mixed-use tax
abatement applications:0.5%of the total Capital Investment of the project,with a$200.00 minimum and
not to exceed$2,000.00;For residential tax abatement applications:$100.00 per house.
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(A registered warranty deed is required for tax abatement application.)
Title abstract of the property(only if applying for release of City liens)
( A reduced l 1x17 floor plan,site plan,and site elevation with
a written detailed project description that includes a construction time line
A detailed line item budget showing the cost breakdown for the project
Copy of Incorporation Papers noting all principals,partners,and agents if applicable
Required-Meet with the Councilmember and Neighborhood&other Organizations representing the NEZ
as outlined in the Public Notice requirement of the NEZ Policy and Guidelines revised April 6,2004 or
followed guidelines of NEZ Strategic Plan if a Strategic Plan is in place for the specific NEZ.
Support letter from Woodhaven Neighborhood Association and Woodhaven Community Development
Corporation(For projects located in Woodhaven NEZ only)
INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED FOR CERTIFICATION UNTIL ALL REQUIRED
DOCUMENTS SHOWN IN THE ABOVE CHECKLIST ARE SUBMITTED WITHIN 30 DAYS AFTER THE
APPLICATION IS RECEIVED.
YOU MUST APPLY FOR TAX ABATEMENT BEFORE ANY BUILDING PERMITS ARE ISSUED FOR YOUR
PROPERTY AND BEFORE ANY IMPROVEMENTS ARE MADE TO YOUR PROPERTY. IT TAKES 60 TO 90
BUSINESS DAYS TO COMPLETE THE TAX ABATEMENT AGREEMENT APPROVAL PROCESS AFTER THE
ISSUANCE OF NEZ CERTIFICATION DEPENDING ON THE COMPLEXITY OF YOUR PROJECT. ALL
BUILDING PERMITS MUST BE PULLED WITHIN THE 12 MONTH PERIOD THAT CERTIFICATION WAS
APPROVED,OR WITHIN THE 12 MONTH PERIOD THAT THE TAX ABATEMENT WAS APPROVED,OR YOU
WILL BE REQUIRED TO RE-APPLY FOR NEZ INCENTIVES.
I1. APPLICANT I AGENT0 TIO
11/(q-r? CaJ NQ � �R �f
1. Applicant: 6 . Contact Person: M�'J''�tCG✓ r� rJLtd�it,
3. Address: X 61it. e-�rt W Fe. PISP Tz____ 2-q4 3 2
Street t City S ate Zip
4. Phone no.: '915 Syy 19-3M S. Fax No.: A , a
6. Email: TSug;jj Ce- iFAiz-rk f YI fe- /Ve
7. Agent(if any)
S. Address:
Street City State Zip
9. Phone no.: 10. Fax No.:
11. Email:
Revised July l2,2011 1
FoRTWoRni Application No. LOO OIa
PROJECT ELIGIBILITY
1. Please list down the addresses and legal descriptions of the project and other properties your
organization owns in Fort Worth. Attach metes and bounds description if no address or legal
description is available. Attach a map showing the location of the project.
Table 1 Property Ownershi
Address Zip Code
Project Location Subdivision Name Lot No. Block No.
u -ti to la;ti R
l - mgrde I lWolf1-hKievt
Other properties owned in the City of Fort Worth -continue on a separate sheet and attach if necessary.
2. For each property listed in Table 1,please check the boxes below to indicate if:
• there are taxes past 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
Property City Liens on Property
Address Taxes Weed Board-up/Open Demolition Paving Order of
Due Liens Stucture Liens Liens Liens Demolition
El
El
Li
1:1 El
(Please attach additional sheets of paper as needed.)
If there are taxes due or liens against any property in the City of Fort Worth you may not be eligible
for NEZ incentives
Revised July 12,2011 2
E
FORT WORTH Application No.
Na 1 0000(o
3. Do you own other properties under other names? ❑Yea®No
If Yes,please specify
4. Does the proposed project conform with City of Fort Worth Zoning? 9Yes ❑No
If no,what steps are being taken to insure compliance?
5. Project ❑ ❑ ❑ El El
Type: Single Family Multi-Family Commercial. Industrial Community Facilities Mixed-Use
❑owner Occupied
0 Rental Properly
6. Please describe the proposed residential or commercial project: Rail,?) E�(t 14�-ct
JI11 Q ul -r 1E 1• e t 1
7. If your project is a commercial,industrial,or mixetj-u a project,please describe the types of
businesses that are being proposed: A]/
8. Is this anew construction or rehab project? ❑New Construction Rehab
9. How much is the total development cost of your project?
10. Will the eligible rehabilitation work* equal to at least 30% of the Tarrant Appraisal District(TAD)
assessed value of the structure during the year rehabilitation occurs? IiYes ❑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.
11. How much Is the total square footage of your project? 10-70 3-F square feet
* [I� i1 # F ' end pirly� rastroyN #: o�;� t �akITjt� ll�#eves
12.For a sinele-family homeownership,mixed-use, or multi-famiIX development aroiect, 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
>80%of AM.FI** VIA
At or below 80%o,mf1inA]MFI (s 0
All �,c ri �.4J.*,. ..,
**AMFI:Area Median Family Income. Please see attachment for income and housing payment guidelines.
13. For a multifamily nroiect 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, ❑ A-
14. For a commercial industrial or community facilities proiect, indicate square footage of non-
residential space.
Comitl#c�t ,roan�,.ff,, ,4'�> � .R,,[[���� ��' `t �`'I �t;,'. � l ,�,`y`�. �,�� �irtt�s• .
N, r'F.�LfJ... S SL .,1. {.•`S '�. :'�1\.11�}.fi }•". ':'T` ��Y +'.
square feet square feet square feet
Revised July 12,2011 3
�✓a ov DD CP
FORT WORT H Application No.
15. 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 Itemized Bud et of the Project
l: 'tteins 'A
Moan
D, Gerl k-e e
Total
-2,
***CaPit8N;=;1i i;;1u'd'e"si'only real'pi-oftrty 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).
16. For a commercial. Indus al co muni facility or mixed-use projeeb how many employees will the
project generate? -MA,
17. For a mixed-use aroi t,please indicate the percentage of all uses in the project in the following table.
Table 5 Percentage of Uses in a Mixed-Use Project
-00
-.:WX ". -, - ... 1 r..1 —!M. � We ll
Ty
Office
Eating
Entertainment
Retail sales
Service
'7*j'
III. INCENTIVES What Incentives are you applying for?
Municipal Property Tax Abatements
Must provide Final Plat Cabinet and Slide for Tax Abatement Cabinet Slide
E] 5 years 2-1 More than 5 years
%Residential owner occupied Wesidential Rental Property []Apartments(5 plus units) ❑Commercial
Develonment Fee Waivers
1� 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 El Board of Adjustment application fee
El Demolition fee El Structure moving fee
❑ Community Facilities Agreement(CFA)application fee
❑ treet and utility easement vacation application fee
Int vaot Fee Waivers -The maximum water/wastewater impact fee waiver amount for a commercial,industrial,mixed-
use,-6r community facility development project is equivalent to the water/wastewater impact fee of two 6-Inch meters
❑ W ter (meter Size (No.of meters Transportation
Releasei Lien
rl Weed liens ❑Paving liens E]Board up/open structure liens El Demolition liens
Revised July 12,2011 4
i
FORT WORT Application No. N94-
111,
94-III, ACKNOWLEDGMENTS I�
1 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 hwandves,which governs the granting of tax abatements,foo !
waivers and release of City lions, 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,
[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 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.
A-rt h er.J V 1�NRraiJ 1!v J
(PEED OR TYPED IV'AME) (AUTHO IGNA „ ATE ) l
J e t �. L� L t.•r-(r� �--�r,�—� �'��.� � ��Sart o�.•GI�'
r..e i:.:'L. yy:: r,5: •`.'1'�'{a.'�;x. .'.�,.;:.. :b'• 'ri .k,;.{ip'•p'r.:'r�i: ..�..r,,; ., .
qr,..�i.:-.� r' .;�i- !'��ae•ttiA�l Ota'!R •,StttJ=,� p toi •''; � �•.,,t �,;,,�
�:,�;,,f�,3{*--.r�.<• �:,'?i�;�i ,p�tFdil`t t�h;i�ayrft� �D`€yje � t e -���''. r°' '�>�� .: '�•
'�'� -5�,,.{-• :-:'`M1' �3..-•}b L?R n %�',{ :.{'A,V� ,��` %d!-:.+�yy x�. / ,��' 'Gk�^��':t:.
G',v„C•i_ r�`�?, �•• ,yjy". �� .�t. YC .SR�f`-L.fiy,.r..r.`^.ti._- �'':t..
';�,'1 S.n,;+kir Kt ��� is.. r iS.•.. _ _'�.Y.:.s,Ura_,��:{�+-.',1 ''. "'•'"
,� a�{'E Mi .,t,r�e C. � yt•6 �. ,��, Min( �e�'.v i::%:rf.
";4'f.:Srl'f`ZRe%` ��i?�`f,S?T ��' �'aT`Ql .<i�4+¢:.'. .�o ..•r� ^'�f.."�S;�b.'.'++f3:f�Jfi*�'..1'�:�'%:j..:e:::..
1
Electronic version of this form is available on our website. For more information on the NEZ Program,please visit
our web site at www.fortworthgov.org/plauningenddevelopmeot
F r [fie ��
Application No.I�/ In which NEZ? Council District
Application ompleted Date(Received Date): + - Conform with Zoning? s ❑No
Type? YSF ❑Multifamily ❑Commercial ElAdusirw ❑Community facilities ❑Mix -Use
Construction completion date? ❑Before NEZ .Mer NEZ Ownexship/Site Control 'es❑No
TAD Account No. l Consistent with the NEZ plan? Yes ❑No
Meet affordability test? Yes ❑No Mlnimuro Capital Investmont7 Yes ❑No
Rehab at or higher than 30.6? Yes ❑No Meet mixed-use definition? Yes ❑No
Tax current on this property? Yes ❑No Tax current on other properties? Yes ❑No
City liens on this property? City,Hens on other properties?
• Weed liens ❑Yes C I No • Weed liens ❑Yes ENO
• Hoard-upfopen structure liens ❑Yes .No • Board-up/open structure liens ❑Yes EIND
• Demolition liens ❑Yes No • Demolition liens ❑Yes E I No
• Paving liens ❑Yes E • Paving liens ❑Yes I I No
• Order of dean tion ❑Yes • Order of demolition ❑Yes 1190
Certified? YYes [--]No Certified by Date certification issued? •.
rf not certified,reason
Referred to: ❑Boortomic Development ❑Ho ❑Development ❑Water [--]Code ❑TPW
I
Revised July 12,2011 S
I
Exhibit"Y'
Project Description
Single Family Residence Remodel
New Roof
Demo interior& replace load bearing beams with steel beams
3 Bedrooms
2 '/2 Baths
Kitchen
Upgrade plumbing and electrical
Electric HVAC System
New exterior siding& paint
Garage
Official site of the City of Fort Worth,Texas
CITY COUNcii.AGENDA
COUNCIL ACTION: Approved on 2/18/2014
DATE: 2/18/2014 REFERENCE C-26674 LOG NAME: 17NEZ5909HOUGHTONAVE
NO..
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Five-Year Tax Abatement Agreement with Toniya Lynnette Hart
Burton for the Rehabilitation of a Single-Family House on Property Located at 5909
Houghton Avenue in the Ridglea/Como Neighborhood Empowerment Zone (COUNCIL
DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a five-year Tax Abatement
Agreement with Toniya Lynnette Hart Burton for the rehabilitation of a single-family house on property
located at 5909 Houghton Avenue in the.Ridglea/Como Neighborhood Empowerment Zone, in
accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives.
DISCUSSION:
Toniya Lynnette Hart Burton (Property Owner) is the owner of the property described as Lots 5 and 6,
Block 235, Chamberlain Arlington Heights, Second Filing, an addition to the City of Fort Worth,
Tarrant County, Texas, according to the Plat recorded in Volume 69, Page 40, of the Plat Records of
Tarrant County, Texas, at 5909 Houghton Avenue, Fort Worth, Texas. The property is located within
the Ridglea/Como Neighborhood Empowerment Zone (NEZ).
The Property Owner plans to invest an estimated amount of$48,000.00 to rehabilitate an
approximately 1,075 square foot single-family residence (Project). The Project will be used as rental
property.
The Housing and Economic Development Department reviewed the application and certified that the
property owner and Project met the eligibility criteria to receive a NEZ Municipal Property Tax
Abatement. The NEZ Basic Incentives includes a five-year Municipal Property Tax Abatement on the
increased value of improvements to the qualified owner of any new construction or rehabilitation
within the NEZ.
Upon execution of the Agreement, the total assessed value of the improvements used for calculating
municipal property tax will be frozen for a period of five years starting January 2015 at the estimated
pre-improvement value, as defined by the Tarrant Appraisal District (TAD) in February 2014, for the
property as follows:
Pre-Improvement TAD Value of Improvements $ 13,400.00
Pre-Improvement Estimated Value of Land $ 7,200.00
Total Pre-Improvement Estimated Value $ 20,600.00
The municipal property tax on the improved value of Project after construction is estimated in the
amount of$295.83 per year for a total amount of$1,479.15 over the five-year period. However, this
estimate may differ from the actual tax abatement value, which will be calculated based on the TAD
appraised value of the property.
In the event of a sale of this property, the NEZ Tax Abatement Agreement may be assigned to a new
owner's first mortgagee or a new owner as rental property. All other assignments must be approved
by the City Council.
Pa4-e 1 of 2
This property is located in COUNCIL DISTRICT 3, Mapsco 74R.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will not increase the total
appropriations of City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Cynthia Garcia (8187)
Additional Information Contact: Sarah Odle (7316)
ATTACHMENTS
5909 Houghton Ave Current Conditions.pdf
5909 Houghton Avenue Map.pdf
5909 Houghton Current Floor Plan.pdf
5909 Houghton Remodeled Floor Plan.pdf
Page 2 of 2