HomeMy WebLinkAboutContract 33142 CITY SECRETARY� I I
CONTRACT NO.
AGREEMENT TO PARTICIPATE IN
TAX INCREMENT REINVESTMENT ZONE NUMBER SIX,
CITY OF FORT WORTH,TEXAS
(RIVERFRONT TIF)
This AGREEMENT TO PARTICIPATE IN TAX INCREMENT
REINVESTMENT ZONE NUMBER SIX, CITY 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 November 12, 2002, the City Council of the City ("City Council")
adopted City Ordinance No. 15325 designating certain real property in the north
downtown area of the City as Tax Increment Reinvestment Zone Number Six, City of
Fort Worth, Texas, (the "TIF District"). The TIF District is informally known as the
"River&ont TIF". Ordinance No. 15325 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.
Until RadioShack Corporation ("RadioShack") located its new corporate campus in
downtown Fort Worth, a parking lot within a floodplain and an abandoned public housing
complex of approximately twenty-four (24) acres substantially impaired and arrested the
sound growth of the City. Under the City's Economic Development Program Agreement
with RadioShack, which served as the catalyst in RadioShack's decision to locate its
corporate campus in downtown Fort Worth, the City agreed to use reasonable efforts to
create a TIF District in this area in order to pay for public projects necessary for and
complimentary to construction of RadioShack's corporate campus. It is anticipated that
other private 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 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:
Water District Participation Agreement
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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.
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.
Pro iect 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, 2002 of all
real property taxable by the Water District 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. 15325, 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 Water District.
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.
16002.
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 2002 tax year, one hundred percent (100%) of the Water
Water District Participation Agreement
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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.
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, 2036 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 in accordance with the laws of the State of Texas, with the
understanding that neither party waives any governmental powers or sovereign or other
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
Attn: City Manager
1000 Throckmorton
Fort Worth, TX 76102
with copies to:
the City Attorney and
Economic/Community Development
Director at the same address
Water District Participation Agreement s
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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.
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,
floods, 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.
=:L VA.�
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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
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: By: b Mel^
Dale Fisseler George W Shannon
Assistant City Manager President
Board of Directors
Date: 016"; f
Date:
ATTEST: ATTEST:
LBy: -e;-
By: ° r
Marty Hendrix r1al S. Sparks
City Secretary Secretary
Board of Directors
Water District Participation Agreement
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Signature page 2
APPROVED AS TO FORM/LEGALITY:
By:
Peter Vaky
Assistant City Attorney
M&C: C-2/22/ /2-20
Water District Participation Agreement
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/20/2005
DATE: Tuesday, December 20, 2005
LOG NAME: 17RIVERFRONT#6 REFERENCE NO.: C-21221
SUBJECT:
Authorize Execution of Agreements with Tarrant County, Tarrant County College District and Tarrant
Regional Water District for Participation in Tax Increment Reinvestment Zone Number Six, City of
Fort Worth, Texas (Riverfront TIF)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute agreements with Tarrant
County, Tarrant County College District, and Tarrant Regional Water District for Participation in Tax
Increment Reinvestment Zone Number Six, City of Fort Worth, Texas (Riverfront TIF).
DISCUSSION:
On November 12, 2002, (M&C G-13800) the City Council adopted Ordinance No. 15325 designating the
Riverfront TIF, which will expire on December 31, 2036. Until RadioShack Corporation located its new
corporate campus in downtown Fort Worth, a parking lot within a flood plain and public housing complex of
approximately 24 acres substantially impaired and arrested the sound growth of the City. It is anticipated
that other private development in the TIF District will follow resulting in increased tax revenues and other
public benefits.
Under state law, a taxing unit is not required to contribute tax increment to a TIF unless that taxing unit
enters into an agreement to do so with the municipality that has designated the TIF. Under the participation
agreements, the participating taxing units will contribute tax increment generated by property located within
the TIF to the tax increment fund of the TIF, as follows:
• Tarrant County will contribute 100% annually through the term of the TIF,
• Tarrant County College District will contribute 80% annually through the term of the TIF; and
• Tarrant Regional Water District will contribute 100% annually through the term of the TIF.
Pursuant to Ordinance No. 15325, the City of Fort Worth will not contribute tax increment to the TIF.
Revenue in the tax increment fund may be used for any lawful project cost of the Riverfront TIF, as
restricted by state law and the project plan adopted by the TIF's board of directors and approved by the City
Council.
The Riverfront TIF is COUNCIL DISTRICTS 2 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this transaction will have no effect on City funds.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/9/2006
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TO Fund/AccounMenters FROM Fund/Account/Centers
Submitted for City Manager's Office b Dale Fisseler (6140)
Originating Department Head: Tom Higgins (6192)
Additional Information Contact: Keisha Ward (6376)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/9/2006