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HomeMy WebLinkAboutContract 35442-A1 (2)'`I�Y ���R���R�` ' 'C�(�JT�'i�'i�`�' ��fe � ,�5�'�.-�� A.MENDMENT NO. 1 TO AGREEMENT TO PARTICIPATE IN TAX INCREMENT REINVESTMENT ZONE NUMBER NINE, CITY OF FORT WORTH, TEXAS This AMENDMENT NO. 1 TO AGREEMENT TO PARTICIPATE IN TAX INCREMENT REINVESTMENT ZONE NUMBER NINE, CITY OF FORT WORTH, TEXAS ("Amendment") is entered into by and between the CITY OF FORT WORTH, TEXAS (the "City") and TARRANT REGIONAL WATER DISTRICT (the "Water District"). The City and the Water District hereby agree that the following statements are true and correct and constitute the basis upon which the City and the Water District have entered into this Amendment: A. On December 9, 2003 the City Council of the City (the "City Council") adopted Ordinance No. 15797 designating certain real property in the vicinity of the Trinity River north and west of the City's downtown area (the "Original TIF Area") as T� Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (the "TIF District"). B. On June 15, 2004 the City Council adopted Ordinance No. 16005, which amended Ordinance No. 15797 by increasing the number of directors on the TIF District's Board of Directors (the `Board"). On February 7, 2006 the City Council adopted Ordinance No. 16808-2-2006 amending Ordinance No. 15797 by removing certain real property from the boundaries of the TIF District. C. On September 15, 2005 the Board adopted a project plan and financing plan for the TIF District (collectively, the "Plans"). On January 19, 2006 the City Council adopted Ordinance No. 16768-01-2006 approving such Plans. D. The City and the Water District have entered into an agreement (the "Participation Agreement") pursuant to which the Water District has agreed to deposit eighty percent (80%) of the Water District's Tax Increment into the TIF District's Ta� Increment Fund, as specifically provided in the Participation Agreement. The Participation Agreement is a public document on file in the City Secretary's Office as City Secretary Contract No. 35442. E. On December 15, 2009 the City Council adopted Ordinance No. 18975- 12-2009 expanding the boundaries of the TIF District to include certain additional real property along the Trinity River east and south of the Original TIF Area (the "Expanded TIF Area"). Ordinance No. 18975-12-2009 is incorporated herein by reference for all purposes. �' � �� . �� Amendment No. 1 to Tarrant Regional Water District Participation Agreement re: Trinity River Vision TIF Page 1 : , __ = --_--=------_—. s �FFICIAL RECORD ' CITY SECRETARY �� ; � FT. WORTH, TX ; s F. On December 15, 2009 the Board adopted an amended project plan and an amended financing plan for TIF District (collectively, the "Amended Plans"), subject to the City Council's adoption of an ordinance expanding the TIF District's boundaries to include the Expanded TIF Area. On December 15, 2009 the City Council adopted Ordinance No. 18975-12-2009 approving such Amended Plans. Ordinance No. 18975- 12-2009 is incorporated herein by reference for all purposes. G. The Water District's governing body has adopted a Resolution or otherwise taken appropriate and sufficient action in a public meeting, following a vote of a majority of the governing body, to authorize the Water District to also contribute eighty percent (80%) of the Water District's Tax Increment from property in the Expanded TIF Area into the Tax Increment Fund in order to implement the Amended Plans, and to authorize the Water District's deposit of Tax Increment from property located in both the Original TIF Area and the Expanded TIF Area to continue until termination of the TIF District in accordance with Ordinance No. 18975-12-2009, which intent the parties wish to reduce to writing through this Amendment. NOW, THEREFORE, the City and the Water District, for and in consideration of the terms and conditions set forth herein, do hereby contract, covenant and agree as follows: 1. The following terms and their definitions are hereby added to Section 2 (Definitions) of the Participation Agreement: Expanded TIF Area means those certain real properties and boundaries added to Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas pursuant to Ordinance No. 18975-12-2009. Ori�inal TIF Area means those certain real properties and boundaries comprising Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas pursuant to Ordinance No. 15797, as amended by Ordinance No. 16808-02-2006. 2. The following terms provided in Section 2(Definitions) of the Participation Agreement are hereby amended to be defined as follows: Proiect Plan means the project plan for the development and/or redevelopment of the TIF District, as adopted by the TIF Board and approved by the City Council pursuant to Ordinance Nos. 16768-01-2006 and 18975-12-2009. TIF District means T� Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas, which includes the Original TIF Area and the Expanded TIF Area. Amendment No. 1 to Tarrant Regional Water District Participation Agreement re: Trinity River Vision TIF Page 2 Tax Increment Base means (i) the total appraised value as of January 1, 2003 of all real property taxable by the Water District and located in the Original TIF Area and (ii) the total appraised value as of Januaiy 1, 2009 of all real property taxable by the Water District and located in the Expanded TIF Area. 3. Section 3(Deposit of Tax Increment) of the Participation Agreement is hereby amended to read as follows: Pursuant to a Resolution duly adopted by the governing body of the Water District, which Resolution is attached hereto as Exhibit "1" and is hereby made a part of this Agreement for all purposes, and specifically subject to Section 4 of this Agreement, the Water District hereby agrees to deposit into the T� Increment Fund each year during the term of the TIF District (i) eighty percent (80%) of the Water District's T� Increment from the Original TIF Area, beginning with such T� Increment received during the 2004 ta�� year and for each year hereafter during the term of this Agreement; and (ii) eighty percent (80%) of the Water District's T� Increment from the Expanded TIF Area, beginning with such T� Increment received for the 2010 ta.x year and for each year thereafter through the term of this Agreement. The calculation to determine the dollar amount of the Water District's T� Increment to be deposited shall be made in accordance with the Water District's Tax Increment Financing Policy and such deposits shall be made in accordance with the City's standard adininistrative procedures, but only following receipt of a bill from the City that outlines the City's calculation of the amount of the deposit that is required for that year and approval of same by the Water District. The City and the Water District each agree to reasonably cooperate with the other in resolving any issues pertaining to calculations of the Water District's T� Increments, and deposit thereof. 4. Section 5(Term) of the Participation Agreement is hereby amended to read as follows: This Agreement shall take effect on the date as of which both parties have executed it and shall expire on the earliest of (i) December 31, 2044; (ii) a date earlier than December 31, 2044 that is specified for tei7nination of the TIF District in an ordinance adopted by the City Council; or (iii) the date as of which a11 project costs of the TIF District, including, but not limited to, any ta�� increment bonds and interest on those bonds, have been paid or otherwise satisfied in full. The adoption of an ordinance by the City Council extending the term of the TIF District beyond December 31, 2044 shall not serve to extend the term of this Agreement unless this Agreement is amended in writing and signed by the Water District. Amendment No. 1 to Tarrant Regional Water District Participation Agreement re: Trinity River Vision TIF Page 3 5. This Amendment shall take effect on the date as of which both parties have executed it. All provisions and conditions of the Participation Agreement that are not specifically amended by this Amendment shall remain in full force and efFect. 6. Capitalized terms used but not identified in this Amendment shall have the same meanings assigned to them in the Participation Agreement. 7. This Amendment contains the final written expression of the City and the Water District with respect to the subject matter hereo£ This Amendment may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. EXECUTED as of the later date below: CITY OF FORT WORTH, TEXAS: By; v � i �c Tom Higgins Assistant City Date: ��Z� ATTEST: TARRA.NT REGIONAL WATER DISTRICT: I�. i .,-y--� �'C_,�L, Victor W. Hende President, Board Date: ATTEST: By: By: Marty Hendri City Secretary ; APPROVED AS TO FORMILEGALITY: .., �- By: i �-��'?i V G� �ltil_ Peter Vaky '� Assistant City Attorney M&C: none required Amendment No. 1 to Tarrant Regional Water District Participation Agreement re: Trinity River Vision TIF Page 4 J��k R. �tevens S�ecretary, Board of Directors i_c ;--, \``_ — �— =�---�� - � i�` OFFICIAL RECQRD CITY SE�RETi4RY `� FT. WORTH,1'X � RESOLUTION OF THE BOARD OF DIRECTORS OF THE TARRANT REGIONAL WATER DISTRICT AUTHORIZING PARTICIPATION IN TAX INCREMENT REINVESTMENT ZONE NUMBER NINE WI3EREAS, on December 9, 2003, the City Council of the City of Fort Worth designated certain real property located north and west of the downtown Central Business District and in the vicinity of the Trinity River (the "Original TIF Area") as "Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas" (the "TIF District") pursuant to City Ordinance No. 15797 and as authorized by Chapter 311 of the Texas Tax Code; and WHEREAS, on September 15, 2005, the Board of Directors of the TIF District adopted a project and financing plan for the TIF District (the "Original TIF Plans") in accordance with Section 311.011(a) of the Texas Tax Code; and WHEREAS, on January 19, 2006, the City Council of the City of Fort Worth approved the Original TIF Plans pursuant to City Ordinance No. 16768-01-2006 and in accordance with Section 311.011(d) of the Texas Tax Code; WHEREAS, by resolution dated May 15, 2007, the Board of Directors of the Tarrant Regional Water District ("TRWD") determined that it was in the best interests of TRWD and the public served by TRWD to contribute eighty percent (80%) of the property taxes levied and collected by TRWD on real property located in the Original TIF Area for any year, less the total appraised value of such real property on January 1, 2003 (the "Original TRWD Tax Increment"), to the tax increment fund of the TIF District (the "Tax Increment Fund"); WHEREAS, on June 22, 2007, the City of Fort Worth and TRWD entered into an Agreement to Participate in Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (the "Participation Agreement") pursuant to which TRWD agreed to deposit eighty percent (80%) of the Original TRWD Tax Increment into the Tax Increment Fund, as specifically provided in the Participation Agreement; WHEREAS, on December 4, 2009, the Board of Directors of the TIF District adopted an amended financing plan for the TIF District (the "Amended TIF Plans") as authorized by Section 311.011(e) of the Texas Tax Code; and WHEREAS, it is anticipated that the City Council of the City of Fort Worth will take appropriate action to expand the boundaries of the TIF District to include certain additional real property along the Trinity River east and south of the Original TIF Area (the "Expanded TIF Area") as authorized by Section 311.007 of the Texas Tax Code; WI3EREA5, it is anticipated that the City Council of the City of Fort Worth will take appropriate action to approve the Amended TIF Plans in accordance with Section 311.011(e) of the Texas Tax Code; WHEREAS, the Board of Directors of TRWD has determined that it is in the best interests of TRWD and the public served by TRWD to contribute eighty percent (80%) of the property taxes levied and collected by TRWD on real property located in the Expanded TIF Area EXHIBIT_._ I _ for any year, less the total appraised value of such real property on January 1, 2009 (the "Expanded TRWD Tax IncremenY'), to the Tax Increment Fund; WHEREAS, the Board of Directors of TRWD has determined that it is in the best interests of TRWD and the public served by TRWD to contribute (i) eighty percent (80%) of the Original TRWD Tax Increment and (ii) eighty percent (80%) of the Expanded TRWD Tax Increment, as specified herein, to the Tax Increment Fund for the duration of the term of the TIF District, as extended by the Amended TIF Plans, in order to implement the Amended TIF Plans; WHEREAS, the Board of Directors of the TRWD has determined that it is in the best interests of TRWD and the public served by TRWD to enter into an amendment to the Participation Agreement whereby TRWD will contribute the tax increments specified herein to the Tax Increment Fund for the duration of the term of the TIF District in accordance with Section 311.017(a-1) of the Texas Tax Code. NOW, THEREFORE, be it resolved by the Board of Directors of TRWD that: 1. The foregoing recitals are adopted as resolutions of the Board of Directors of TRWD as if fully set forth herein. 2. TRWD shall deposit eighty percent (80%) of the Original TRWD Tax Increment to the Tax Increment Fund each year, beeinning with the 2004 tax year, for the duration of the term of the TIF District. 3. TRWD shall deposit eighty percent (80%) of the Expanded TRWD Tax Increment to the Tax Increment Fund each year, begintung with the 2010 tax year, for the duration of the term of the TIF District. 4. Sandy Swinnea, Chief Financial Officer, and appropriate staff of TRWD, should be, and are hereby, authorized to make such determinations as are necessary to ensure that all conditions precedent are satisfied to carry out the purposes of the foregoing resolutions, including approval by the TIF District and approval by the City Council of the City of Fort Worth. 5. Upon the determination of TRWD staff that that all conditions precedent are satisfied, the President of the Board of Directors of TRWD should be and is hereby authorized to execute the Amendment No. 1 to Agreement to Participate in Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas in the form attached hereto as Exhibit "1" subject to the terms and conditions set forth therein and as set forth in this resolution and as otherwise agreed by TRWD and the City of Fort Worth. 6. The President of the Board of Directors of TRWD should be and is hereby authorized and directed to enter into and execute such agreements and undertakings as may be reasonably necessary to implement the purposes of the foregoing resolutions. ADOPTED AND APPROVED this 15th day of December, 2009. TARRANT REGIONAL WATER DISTRICT, a Water Control and Improvement District gy; _�c�.!'�,���7 .�.�_Y �-c��.�-�t� ;�—�;-, � Victor W. Henderson President, Board of Directors ATTEST; �J k R. Stevens ecreta�y, Board of Directot•s