HomeMy WebLinkAboutContract 36737 CITY SECRETARY �72
-'ONTRACT NO. � OC3
AGREEMENT TO PARTICIPATE IN
TAX INCREMENT REINVESTMENT ZONE NUMBER EIGHT,
CITY OF FORT WORTH, TEXAS
(LANCASTER CORRIDOR TIF)
This AGREEMENT TO PARTIGI IN TAX INCREMENT
REINVESTMENT ZONE NUMBER T, 1'G, OF FORT WORTH, TEXAS
("Agreement") 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 Agreement:
A. On December 2, 2003, the City Council of the City ("City Council")
adopted City Ordinance No. 15775 designating certain real property in the southern
portion of the downtown area of the City as Tax Increment Reinvestment Zone Number
Eight, City of Fort Worth, Texas, (the "TIF District"). The TIF District is informally
known as the "Lancaster Corridor TIF." Ordinance No. 15775 is hereby incorporated by
reference for all purposes.
B. Designation of the TIF District will cause development of property in and
around the TIF District to occur that would not occur otherwise in the foreseeable future.
As a result of designation of the TIF District, it is intended that two major buildings
within the TIF District, the T&P Terminal and the T&P Warehouse, will be redeveloped.
It is anticipated that other complementary development in the TIF District will follow.
This overall development will result in increased tax revenues and other public benefits
for both the City and the Water District.
C. Pursuant to Section 311.013(f) of the Texas Tax Code, the Water District
is not required to pay any tax increment into the tax increment fund of the TIF District
unless it enters into an agreement to do so with the City. The Water District wishes to
enter into such an agreement with the City
NOW, THEREFORE, for and in consideration of the and conditions set forth
herein, the sufficiency of which is hereby acknowledged, the City and the Water District
do hereby contract, covenant and agree as follows:
1. INCORPORATION OF RECITALS.
The parties hereby agree that the recitals set forth above are true and correct and
form the basis upon which they have entered into this Agreement. l r(r'u1`b
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2. DEFINITIONS.
In addition to any terms defined in the body of this Agreement, the following
terms shall have the definitions ascribed to them as follows:
Act means the Tax Increment Financing Act, as amended and as codified as
Chapter 311 of the Texas Tax Code.
Captured Appraised Value in a given year means the total appraised value of all
real property taxable by the Water District and located in the TIF District for that year
less the Tax Increment Base.
Protect 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 of the
City.
Tax Increment in a given year means the amount of property taxes levied and
collected by the Water District for that year on the Captured Appraised Value of real
property taxable by the Water District and located in the TIF District.
Tax Increment Base means the total appraised value as of January 1, 2003 of all
real property taxable by the County and located in the TIF District.
Tax Increment Fund means that fund created by the City pursuant to Section
311.014 of the Act and Section 6 of City Ordinance No. 15775, which will be maintained
by the City, into which all revenues of the TIF District will be deposited, including
deposits of Tax Increment by the City and by other taxing units with jurisdiction over real
property in the TIF District, including the County.
TIF Board means the governing board of directors of the TIF District appointed
in accordance with Section 311.009 of the Act and Section 3 of City Ordinance No.
15775.
3. DEPOSIT AND USE OF TAX INCREMENT.
The Water District hereby agrees to deposit each year during the term of the TIF
District, beginning with the 2004 tax year, one hundred percent (100%) of the Water
District's Tax Increment into the Tax Increment Fund. Such deposits shall be made in
accordance with the City's standard administrative procedures relative to all tax increment
reinvestment zones administered by the City, 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. The Water District understands and agrees that the TIF Board may use revenue in the
Tax Increment Fund for any lawful purpose, as restricted by the Act and the Project Plan. r n
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4. TERM.
This Agreement shall take effect on the date as of which both parties have executed
it and shall expire upon expiration or termination of the TIF District, which currently is the
earlier of (i) December 31, 2024 or an earlier termination date designated by ordinance
subsequently adopted by the City Council of the City or (ii) the date on which all project
costs of the TIF District, including, but not limited to, tax increment bonds and interest on
those bonds, have been paid or otherwise satisfied in full.
5. RESPONSIBILITY FOR ACTS.
The City and the Water District shall each be responsible for the sole negligent acts
of their officers, agents, employees or separate contractors. In the event of joint and
concurrent negligence of both the City and the Water District, responsibility, if any, shall
be apportioned comparatively with the laws of the State of Texas, with the understanding
that neither party waives any governmental powers or immunities or any other defenses
available to each individually.
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 may subsequently designate in
writing, by certified mail, postage prepaid, or by hand delivery:
City: Water District:
City of Fort Worth ^ R"11 Ora d• U Of'CA
Attn: City Manager kop E. U or 41 t ri&
1000 Throckmorton r r LJO r 10 Z
Fort Worth, TX 76102
with copies to:
the City Attorney and
Economic/Community Development
Director at the same address
7. NO WAIVER.
The failure of either party to insist upon the performance of any term or provision
of this Agreement or to exercise any right granted hereunder shall not constitute a waiver
of that party's right to insist upon appropriate performance or to assert any such right on
any future occasion. r1 r�a:•,�J
Water District Participation Agreement
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8. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
9. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the
City and the Water District and are not intended to create any rights, contractual or
otherwise, to any other person or entity.
10. FORCE MAJEURE.
The parties shall exercise every reasonable effort to meet their respective
obligations as set forth in this Agreement, but shall not be held liable for any delay in or
omission of performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any government law, ordinance or
regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars,
riots, material or labor restrictions, transportation problems and/or any other cause
beyond the reasonable control of either party.
11. INTERPRETATION.
In the event of any dispute over the meaning or application of any provision of
this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither
more strongly for or against any party, regardless of the actual drafter of this Agreement.
12. CAPTIONS.
Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
13. 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 the Water District as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent
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in conflict with any provision of this Agreement. Notwithstanding anything to the
contrary herein, this Agreement shall not be amended unless executed in writing by both
parties and approved by the City Council of the City in an open meeting held in
accordance with Chapter 551 of the Texas Government Code.
14. COUNTERPARTS.
This Agreement 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: TARRANT REGIONAL WATER
/ DISTRICT:
By: v By: C
Dale Fisseler Name: V L(-uv heoJerso►1
gAssistant City Manager President
Board of Directors
Date: % Q Date:
ATTEST: ATTEST:
By:f�\ By: I/ uv�o'
Marty Hendrix Name: L i r\'01 a v-%'S}+'e
City Secretary Title: Comvv un;t-
,I �vvern�.•-�.t IR G�'
APPROVED AS TO FORM/LEGALITY:
By:
eter V aky
Assistant City Attorney
M&C:
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