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HomeMy WebLinkAboutContract 35440p `—TA,l IY iqo IL -q- 0- AGREEMENT TO PARTICIPATE IN TAX INCREMENT REINVESTMENT ZONE NUMBER NINE, CITY OF FORT WORTH, TEXAS (TRINITY RIVER VISION TIF) This AGREEMENT TO PARTICIPATE IN TAX INCREMENT REINVESTMENT ZONE NUMBER NINE, CITY OF FORT WORTH, TEXAS ("Agreement") is entered into by and between the CITY OF FORT WORTH, TEXAS (the "City") and TARRANT COUNTY, TEXAS (the "County"). The City and the County hereby agree that the following statements are true and correct and constitute the basis upon which the City and the County have entered into this Agreement: A. On December 9, 2003, the City Council of the City ("City Council") adopted City Ordinance No. 15797 designating certain real property located north and west of the downtown Central Business District and in the vicinity of the Trinity River as Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas, (the "TIF District"), as amended by Ordinance No. 16005 on .Tune 15, 2004 and Ordinance No.16808-2-2006 on February 7, 2006. The TIF District is informally known as the "Trinity River Vision TIF". City Ordinance Nos. 15797, 16005, and 16808-2-2006 are hereby incorporated by reference for all purposes and collectively attached hereto as Exhibit "A". 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 a bypass channel shall be created for the Trinity River to reduce central city flooding threats. '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 County. C. Pursuant to Section 311.013(f) of the Texas Tax Code, the County 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 County 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; County do hereby contract, covenant and agree as follows: County Participation Agreement re: Trinity River Vision TIF 1 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 County and located in the TIF District for that year less the Tax Increment Base. 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 of the City on January 19, 2006 by City Ordinance No. 16768-01-2006, attached hereto as Exhibit "B". TIF Board means the governing board of directors of the TIF District appointed in accordance with Section 311.009 of the Act and pursuant to Section 4.4 of this Agreement. TIF District means the certain real properties and boundaries as described in City Ordinance No. 15797 and as amended by Ordinance No. 16005, and Ordinance No.16808-2-2006. Tax Increment in a given year means the amount of property taxes levied and collected by the County for that year on the Captured Appraised Value of real property taxable by the County 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. 15797, which will be maintained by the City as a separate and individual interest -bearing account into which all revenues of the TIF District will be deposited, including (i.) deposits of Tax Increment by the City and by other taxing units with jurisdiction over real property in the TIF District, including the County, and (ii.) all accrued interest earned on the cash balance of the fund. County Participation Agreement re: Trinity River Vision TIF 2 TIF Ordinance means City Ordinance No. 15797 adopted December 16, 2003, as amended by Ordinance No. 16005 on June 15, 2004 and Ordinance No.16809-2-2006 on February 7, 2006, collectively attached hereto as Exhibit "A". 3. DEPOSIT OF TAX INCREMENT. Pursuant to a Resolution duly adopted by the governing body of the County, which Resolution is attached hereto as Exhibit "C" and is hereby made a part of this Agreement for all purposes, and specifically subject to Section 4 of this Agreement, the County hereby agrees to deposit each year during the term of the TIF District, beginning with the 2004 tax year, eighty percent (80%) of the County's Tax Increment into the Tax Increment Fund. The calculation to determine the dollar amount of the County's Tax Increment to be deposited shall be made in accordance with the County's Tax Increment Financing Policy and such deposits shall be made in accordance with the City's standard administrative 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. The County shall have up to one calendar year from the execution date of this agreement .in which to make its deposit for tax increments due from tax years 2004 and 2005. 4. LEMTATIONS ON TAX INCREMENT DEPOSITS AND USE OF FUNDS. This Agreement is based on the following conditions, and t:he City agrees and acknowledges the County's right to enforce the conditions contained herein by injunction or any other lawful means in the event one or more of such conditions axe not satisfied. 4.1 Amendment to TIF Ordinance The TIF Ordinance designates the boundaries, the eligible real properties for the calculation of Tax Increment for the TIF District and the specific participation level of the City. All amendments to the TIF Ordinance shall be approved by the TIF Board prior to approval by the City Council. If the City Council approves an amendment to the TIF Ordinance different from the amendment approved by the TIF Board, the County shall suspend payment into the TIF Fund as described in Section 3 until the amendment is approved by the governing body of the County. 4.2. Certain TIF District Project Costs Excluded. The Tax Increment deposited into the Tax Increment Fund by the County shall be used to pay project costs for purposes as set forth and identified in the Project Plan. All TIF Fund allocations, including but not limited to any management and administrative costs, must be approved by the TIF Board in accordance with the Project Plan. If the Project Plan is amended by approval of the TIF Board and such amendment serves only to (i) redirect funds from one project cost category to another project cost category already provided in the County Participation Agreement re: Trinity River Vision TIF 3 Project Plan and does not increase the overall total project costs of the Project Plan, or (ii) provide for the addition of the financing costs for those projects already provided in the Project Plan, than such amendment will not require the approval of the governing body of the County. If the Project Plan is amended by the TIF Board to (i) add any projects not outlined in the current Project Plan or (ii) increase the overall total projects costs except as provided above, and such amendment is approved by the City Council, the County shall suspend payment into the TIF Fund as described in Section 3 until the amendment is approved by the governing body of the County as an amendment to this Agreement. Subject to the foregoing, if the City Council approves a Project Plan, and any amendments thereto, different from the Project Plan and any amendments approved by the TIF Board or makes changes to the Project Plan approved by the TIF Board, the County shall suspend payment into the TIF Fund as described in Section 3 until the amendment or changes are approved by the governing body of the County. 4.3. TIF District Expansion. As defined, the TIF District shall include real properties located within the boundaries as described in the TIF Ordinance. If the TIF District is expanded, the County is not required to deposit into the Tax Increment Fund any Tax Increment generated from properties in the expanded area unless participation in the expanded boundary area is approved by the governing body of the County as an amendment to this Agreement. Additionally, the Tax Increment deposited into the Tax Increment Fund by the County may not be used for any permissible project costs in any portion of the expanded area of the TIF District unless approved by the governing body of the County as an amendment to this Agreement. 4.4. TIF Board Membership During the term of the TIF District, the TIF Board shall consist of at least three (3) County representatives, (3) Tarrant Regional Water District representatives, one (1) Tarrant County Hospital District representative, one (1) Tarrant County College District representative and one (1) Fort Worth Independent School District representative. The governing body of the County, Tarrant Regional Water District, Tarrant County College and Fort Worth Independent School District shall provide the names and addresses of their designated representative(s) to the City Council of the City for appointment to the TIF Board. It is understood that at least two (2) of the representatives named by the County must be qualified voters of the City of Fort Worth or owners of property located within the TIF District. The City Council of the City shall appoint the designated representative(s) to the TIF Board. If the designated representatives are not appointed to the TIF Board or the TIF Board does not consists of the number of representatives stated above, the County shall suspend payment into the TIF Fund as described in Section 3 until such time that the requirements above are satisfied. County Participation Agreement re: Trinity River Vision TIF 4 5. 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. 6. TIF FUND ACCOUNTING. No later than July 1 of each year following execution of this Agreement, the City shall provide the County with an annual accounting of the funds deposited to and disbursed from the Tax Increment Fund, including accrued interest . After all project costs of the TIF District have been paid or at the time of the expiration of this Agreement, any funds remaining in the Tax Increment Fund following the final annual accounting by the City shall be paid to those taxing units participating in the TIF District in proportion to each taxing unit's share of the total amount of Tax Increment deposited into the Tax Increment Fund. 7. RESPONSIBILITY FOR ACTS. The City and the County 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 County, 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. 8. 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: City of Fort Worth Attn: City Manager 1000 Throckmorton Fort Worth, TX 76102 County Participation Agreement re: Trinity River Vision TIF 5 County: Tarrant County Administrator's Office 100 East Weatherford Street Suite 404 Fort Worth, Texas 76196-0609 with copies to: the City Attorney and Economic/Community Development Director at the same address 9. NO WAIVER. The failure of either parry 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 parry's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. 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. 11. NO THIRD PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the City and the County and are not intended to create any rights, contractual or otherwise, to any other person or entity. 12. 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. County Participation Agreement re: Trinity River Vision TIF 6 13. 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 14. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement 15. 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 County 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. 16. 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: By: � Dale Fisseler Assistant City Manager Date: a ( t 3- / 0 -7 County Participation Agreement re: Trinity River Vision TIF 7 TARRANT COUNTY, TEXAS - By: B. Glen Whitley County Judge Date: , 2 r7 ATTEST: B Marti/Hendrix City Secretary APPROVED AS TO FORM/LEGALITY: By: / Peter Vaky Assistant City Attorney M&C: ATTEST: &a8t- By: (Wu'ev: L Name: Title: APPROVED AS ORM* By: Ray Rike Assistant strict Attorney • By law. the DistrictAttorney's Office may only advise or approve contracts orlegal documents on behalf of its clients. It may not advise or approve a contractor legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client_ Other parties should not rely on this approval and should seek review and approval by their own respective attorney (s). County Participation Agreement re: Trinity River Vision T!F 8 �� '�ca'11'(y�Yll� �LGtle EXHIBIT "A" TIF ORDINANCE rA ORDINANCE NO. 67?`7 AN ORDINANCE DESIGNATING A CERTAIN CONTIGUOUS GEOGRAPHIC AREA IN THE CITY OF FORT WORTH AS "TAX INCREMENT REINVESTMENT ZONE NUMBER NINE, CITY OF FORT WORTH, TEXAS"; CREATING A BOARD OF DIRECTORS FOR THE ZONE; PROVIDING THE EFFECTIVE AND TERMINATION DATES FOR THE ZONE; ESTABLISHING A TAX INCREMENT FUND FOR THE ZONE; AND CONTAINING OTHER MATTERS RELATED TO THE ZONE. WHEREAS, the City Council desires to promote the development of a certain contiguous geographic area in the City, which is more specifically described in Exhibit "A" of this Ordinance (the "Zone"), through the creationof a new reinvestment zone as authorized by and in accordance with the Tax Increment Financing Act, codified at Chapter 311 of the Texas Tax Code; and WHEREAS, on or about November 12, 2003 the City provided written notice to the governing body of each taxing unit that levies real property taxes in the Zone of (i) the City's intent to establish the Zone; (ii) a description of the boundaries of the Zone; (iii) the City's tentative plans for development of the Zone; and (iv) an estimate of the general impact of the Zone on property values and tax revenues; and WHEREAS, the governing body of each county and school district that levies real property taxes in the proposed Zone has waived the requirement imposed by Section 311.003(e) of the Texas Tax Code that the City provide such written notice at least sixty (60) days prior to the date of the public hearing conducted pursuant to Section 311.003(c) of the Texas Tax Code; and Page I of 13 Ordinance Designating Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas WHEREAS, the City has prepared a preliminary financing plan for the Zone and provided a copy of that plan to the governing body of each taxing unit that levies taxes on real property in the Zone, as required by Section 311.003(b) of the Texas Tax Code; and WHEREAS, in accordance with Section 311.003(f) of the Texas Tax Code, on November 25, 2003 the City made a single formal presentation to the governing body of each county and school district that levies real property taxes in the Zone, as agreed to by such governing bodies, which presentation, among other things, included (i) a description of the proposed boundaries of the Zone; (ii) the City's tentative plans for development of the Zone; and (iii) an estimate of the general impact of the Zone on property values and tax revenues; and WHEREAS, on December 9, 2003 and December 16, 2003 the City Council held a public hearing regarding the creation of the Zone and its benefits to the City and to property in the Zone and afforded a reasonable opportunity for (i) all interested persons to speak for or against the creation of the Zone, its boundaries or the concept of tax increment financing and (ii) owners of real property in the Zone to protest inclusion of their property in the Zone, as required by Sections 311.003(c) and (d) of the Texas Tax Code; and WHEREAS, notice of the public hearing was published in a newspaper of general circulation in the City on December 2, 2003, which satisfies the requirement of Section 311.003(c) of the Texas Tax Code that publication of the notice occur not later than the seventh day before the date of the public hearing; Page 2 of 13 Ordinance Designating Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. FINDINGS. That after reviewing all information before it regarding the establishment of the Zone and after conducting a public hearing regarding the creation of the Zone and its . benefits to the City and to property in the Zone and affording a reasonable opportunity for (i) all interested persons to speak for or against the creation of the Zone, its boundaries or the concept of tax increment financing and (ii) owners of real property in the Zone to protest inclusion of their property in the Zone, the City Council hereby makes the following findings of fact: 1.1. The statements and facts set forth in the recitals of this Ordinance are true and correct. Therefore, the City has met the notice and procedural requirements set forth in Chapter 311 of the Texas Tax Code for creation of a reinvestment zone thereunder. 1.2. Development of the Zone as a whole will not occur solely through private investment in the foreseeable future. 1.3. Improvements in the Zone, including, but not limited to, those previously outlined to the City Council and the governing bodies of all other taxing units that levy real property taxes in the Zone, will significantly enhance the value of all the taxable real property in the Zone and will be of general benefit to the City. 1.4. The area within the Zone is contiguous. Page 3 of 13 Ordinance Designating Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas 1.5. Portions of the land within the Zone are located within the City's North Enterprise Zone, which was designated by the State of Texas pursuant to and in accordance with Chapter 2303 of the Texas Government Code. Therefore, as provided by Section 2303.507(1) of the Texas Government Code and Section 311.0031 of the Texas Tax Code, designation of these areas of the Zone by the State of Texas as an enterprise zone also constituted designation of these areas as a reinvestment zone under Chapter 311 of the Texas Tax Code without additional hearing and procedural requirements of the City Council. 1.6. Among other things, the area within the Zone includes land that is strategically located along the Clear Fork and West Fork of the Trinity River adjacent to and north of the City's downtown, but that has been underutilized because of (i) the risk of flood, which risk could be alleviated through the construction of a hydraulic dam and bypass channel, and (ii) the existence a large, unsightly power plant that is outdated. Taking all facts into consideration, the area within the Zone, whether or not located in the North Enterprise Zone, substantially impairs and arrests the sound growth of the City, retards the provision of housing accommodations and constitutes an economic liability and a menace to the public health and safety because of (i) a substantial number of substandard, deteriorated and deteriorating structures, (ii) the predominance of inadequate sidewalk and street layouts; (iii) faulty lot layout in relation to size, adequacy, accessibility and usefulness; (iv) unsanitary and unsafe conditions; (v) the deterioration of site and other improvements; and (vi) conditions that endanger life and property by fire or other cause. Therefore, the area within the Zone meets the criteria for designation Page 4 of 13 o;,F Ordinance Designating Tax Increment Reinvestment Zone Number Nine, j r''' " City of Fort Worth, Texas in of a reinvestment zone and satisfies the requirements of Section 311.005 of the Texas Tax Code. 1.7. No more than ten percent (10%) or less of the property in the Zone is used currently for residential purposes, as specified by Section 311.006 of the Texas Tax Code. 1.8. According to the most recent appraisal roll of the City, the total appraised value of all taxable real property in the Zone and in existing reinvestment zones in the City does not exceed fifteen percent (15%) of the total appraised value of taxable real property in the City and in industrial districts created by the City, if any. 1.9. The Zone does not contain more than fifteen percent (15%) of the total appraised value of real property taxable by any county or school district. Section 2. DESIGNATION OF ZONE. That the City Council hereby designates the Zone described in the boundary description and depicted in the map, both attached Hereto as Exhibit "A" and made a part of this Ordinance for all purposes, as a reinvestment zone pursuant to and in accordance with Chapter 311 of the Texas Tax Code. This reinvestment zone shall be known as "Tax Increment Reinvestment Zone Number Nine, City of Fort Worth„ Texas." Page 5 of 13 Ordinance Designating Tax increment Reinvestment Zone Number Nine, City of Fort Worth, Texas Section 3. ZONE BOARD OF DIRECTORS. That a board of directors for the Zone ("Board") is hereby created. The Board shall consist of eleven (11) members who shall serve for terms of two (2) years each. Of these eleven (11) members, each taxing unit other than the City that levies taxes on real property in the Zone may, but is not required to, appoint one (1) member to the Board. After each taxing unit other than the City designates to, the City either the name of the member that the taxing unit wishes to appoint or the fact that the taxing unit wishes to waive its right to appoint a member, the City Council shall appoint whatever number of members are necessary to fill the remaining positions on the Board.. Such members may be members of the City Council. Section 4. TERM OF ZONE. That the Zone shall take effect upon the adoption of this Ordinance and terminate on the earlier of (i) December 31, 2028 or an earlier termination date designated by an ordinance adopted after the effective date of this Ordinance or (ii) the date on which all project costs, tax increment bonds and interest on those bonds have been paid in full. Section 5. DETERMINATION OF TAX INCREMENT BASE. That the tax increment base for the Zone, as defined by Section 311.012(c) of the Texas Tax Code, shall be the total appraised value of all real property in the Zone taxable Page 6 of 13 Ordinance Designating Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas by a taxing unit for the year 2003, which is the year in which the Zone was designated as a reinvestment zone. Section 6. TAX INCREMENT FUND. That a tax increment fund for the Zone (the "TIF Fund") is hereby established. The TIF Fund may be divided into additional accounts and sub -accounts authorized by resolution or ordinance -of the City Council. The TIE Fund shall consist ,of (i) the percentage of the tax increment, as defined by Section 311.012(a) of the Texas Tax Code, that each taxing unit which levies real property taxes in the Zone, other than the City, has elected to dedicate to the TIF Fund under an agreement with the City authorized by Section 311.013(f) of the Texas Tax Code, plus (ii) eighty percent (80%) of the City's tax increment, as defined by Section 311.012(a) of the Texas Tax Code, subject to any binding agreement executed at any time by the City that pledges a portion of such tax increment for another purpose. The TIF Fund shall be maintained in an account at the depository bank of the City and shall be secured in the manner prescribed by law for Texas cities. In addition, all revenues from (i) the sale of any obligations hereafter issued by the City and secured in whole or in part from the tax increments; (ii) revenues from the sale of any property acquired as part of a tax increment financing plan adopted by the Board; and (iii) other revenues dedicated to and used in the Zone shall be deposited into the TIE Fund. TIF Funds will be used solely in accordance with Section 311.014 of the Texas Tax Code. Page 7 of I3 Ordinance Designating Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas Section 7. TAX INCREMENT AGREEMENTS. That, pursuant to Sections 311.008 and 311.013 of the Texas Tax Code, the City Manager and City Attorney are hereby authorized to execute and deliver, for and on behalf of the City, tax increment agreements with taxing units that levy real property, taxes in the Zone. Section 8. SEVERABILITY. That if any portion, section or part of a section of this Ordinance is subsequently declared invalid, inoperative or void for any reason by a court of competent jurisdiction, the remaining portions, sections or parts of sections of this Ordinance shall be and remain in full force and effect and shall not in any way be impaired or affected by such decision, opinion or judgment. Section 9. That this Ordinance shall take effect and be in full force and effect from and after its adoption. AND IT IS SO ORDAINED. ADOPTED AND EFFECTIVE: 12-16 - 03 Page 8 of 13 Ordinance Designating Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY: By:L- Peter Vaky Assistant City Attorney Date: /2 - l 6 - 03 M&C: G- l 4 l 9 4< Page 9 of 13 Ordinance Designating Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas Exhibit "A" Map and Boundary Description of Zone EIR P H = OnV10 "Ng g I I IN H.-A !M73 SIMI .9 P.1 Mj ga SLT I mll' ."M PIN Tax Increment Reinvestment Zone #9 Boundary Description Fort Worth, Texas Beginning at a point of the intersection of a projection of the west ROW line of FW&W railroad and the north ROW line of 23`d St., thence Easterly along the north ROW line of 23`d St. to a point where said line intersects with the east ROW line of Samuels Ave., thence Southerly along the east ROW line of Samuels Ave. to a point where said line intersects with the centerline of the Trinity River, thence Easterly along the centerline of the Trinity River to a point where said line intersects with the west ROW line .of BNSF railroad, thence Southerly along the west ROW line of BNSF railroad to a point where: said line intersects with the south ROW line of Northside Dr, thence ^ Southwesterly along the south ROW line of Northside Dr. to a point where said line intersects with the east ROW line of Samuels, thence Southerly along the east ROW line of Samuels to a point where said line intersects with . the south property line of North Park Business Center Blk 9 Lot RC, thence Westerly along the property line of North Park Business Center Blk 9 Lot RC to a point where said line intersects with the south property line of North Park Business Center B1k 9 Lot RD, thence Westerly along the south property line of North Park Business Center Blk 9 Lot RD to a point where said line intersects with the south property line of Fruhwirth Addition Blk 1 Lot AIR, thence Westerly along the south property line of Fruhwirth Addition Blk 1 Lot AIR to a point where said line intersects with the south property line of Fruhwirth Addition Trs 5 & 6E Westerly along the south property line of Fruhwirth Trs 5 & 6E to a point where said line intersects with the centerline of the Trinity River, thence Southwesterly along the centerline of the Trinity River to a point where said line intersects with the south property line of Samuels Ave Baptist Church Addition Blk 1 Lot 1, thence Easterly along the south property line of Samuels Ave Baptist Church .Addition Blk 1 Lot 1 to a point where said line intersects the east ROW line of Samuels Ave., thence Northerly along the east ROW line of Samuels Ave to a point where said line intersects the north property line of Mulliken Felix G Survey A 1045 Tr 33, thence Easterly along the north property line of MuIliken Felix G Survey A1045 Tr 33 to a point where said line intersects the west ROW line of BNSF railroad, thence Southward along the west ROW line of BNSF railroad to a point where said line intersects the south ROW line of Peach St., thence Southwesterly along the south ROW line of Peach St. to a point where said line intersects the east ROW line of Cummings, thence Northwesterly along the east ROW of Cummings to a point where said line intersects the north ROW Iine of Cummings, thence Westerly along the north ROW line of Cummings to a point where said line intersects the centerline of the Trinity River, thence Southwesterly along the centerline of the Trinity River to a point where said line intersects with the north ROW line of 5th St., thence Easterly along the north ROW line of 5`h St. to a point where said line intersects the north ROW line of Forest Park Boulevard, thence Northward along the north ROW line of Forest Park Boulevard to a point where said line intersects the north ROW line of Weatherford St., thence Northeasterly along the north ROW line of Weatherford St. to a point where said line intersects the east ROW line of Summit Ave., thence Southerly along the east ROW line Summit Ave. to a point where said line intersects the south ROW line of 7`h Street, thence Westerly along the south ROW line of 7`h Street to a point where said line intersects the north ROW line of Forest Park Boulevard, thence Southerly along the north ROW line of Forest Park Boulevard to a point where said line intersects the south ROW line of Lancaster, thence Westerly along the south ROW line of Lancaster to a point where said line intersects the west ROW line of Foch St., thence Northward along the west ROW line of Foch St. to a point where said line intersects the south ROW line of 7ch Street, thence 2 Easterly along the south ROW line of 7ch St. to a point where said line intersects the west ROW line of FW&W railroad, thence Northward along the west ROW line of FW&W railroad to a point where said line intersects the north ROW line of White Settlement Rd., thence Easterly along the north ROW line of White Settlement Rd. to a point where said line intersects the west ROW line of Vacek St., thence Northward along the west ROW line of Vacek St. to a point where said line intersects the south ROW .line of Shamrock, thence Westerly along the south ROW line of Shamrock to a point where said line intersects the west ROW line of University Dr., thence Northward along the west ROW line of University,Dr. to a point where said line intersects the north ROW line of Terrace, thence Northward along the north ROW line of Terrace to a point where said line intersects the north ROW line of Grand, thence Northward along the north ROW line of Grand to a point where said line intersects the west ROW line of North Main St., thence Northward along the west ROW North Main St. to a point where said line intersects the north ROW line of Northside Dr., thence Westward along the north ROW line of Northside Dr. to a point where said line intersects the west ROW line of BNSF railroad, thence Northward along the west ROW line of BNSF railroad. to a point where said line intersects with the north ROW line of 23rd St., which is the point of beginning. ORDINANCE NO. 166C) ``' AN ORDINANCE AMENDING ORDINANCE NO. 15797 BY INCREASING THE NUMBER OF DIRECTORS ON THE BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER NINE, CITY OF FORT WORTH, TEXAS. WHEREAS, as authorized by Section 311.005(a)(1) of the Texas Tax Code, the City Council created Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (the "Zone"), which is generally known as the Trinity River Vision TiF, pursuant to Ordinance No. 15797, adopted by the City Council on December lb, 2003; and WHEREAS, Ordinance No. 15797 established a board of directors for the Zone (the `Board") consisting of eleven (11) members; and WHEREAS, pursuant to Section 311.009(a) of the Texas Tax Code and in accordance with Ordinance No. 15797, each taxing unit with jurisdiction in' the Zone,. other than the City, may appoint one (1) member of the Board and the City Council will appoint whatever number of members are necessary to fill the remaining positions on the Board; and WHEREAS, Section 311.009(a) of the Texas Tax Code provides that the board of directors of a tax increment reinvestment zone designated pursuant to Section 311.005(a)(1) of the Texas Tax Code, may consist of up to fifteen (15) members, and that the governing body of the municipality that designated the reinvestment zone may appoint up to ten (10) of those members; and WHEREAS, the City Council wishes to amend Ordinance No. 15797 to increase the number of members on the Board from eleven (11) to fifteen (15); Page I of 3 Ordinance' Increasing Size of Board of Directors of Tax Increment Reinvestment Zone Number Nine (Trinity River Vision TIF) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That Section 3 of Ordinance No. 15797 (Zone Board of Directors) is hereby amended to read as follows: That a board of directors for the Zone. ("Board") is hereby created. The Board shall consist of fifteen (15) members who shall serve for terms of two (2) years each; provided, however, that the initial terms of some members may be less than two (2) years to allow for subsequent staggered terms. Of these fifteen (15) members, each taxing unit other than the City that levies taxes on real property in the Zone may, but is not required to, appoint one (1) member to the Board. After each taxing unit other than the City designates to the City either the name of the inember that the taxing unit wishes to appoint or the fact that the taxing unit: wishes to . waive. its right to appoint a member, the City Council shall appoint whatever number of members are necessary to fill the remaining positions on the Board. Such members may be members of the City Council. Section 2. That all provisions of Ordinance No. 15797 that are not expressly amended herein shall remain in full force and effect. If any portion, section or part of a section of this Ordinance is subsequently declared invalid, inoperative or void for any reason by a court of competent jurisdiction, the remaining portions, sections or parts of sections of this Ordinance shall be and remain in full force and effect and shall not in any way be impaired or affected by such decision, opinion or judgment. Page 2 of 3 Ordinance Increasing Size of Board of Directors of Tax Increment Reinvestment Zone Number Nine (Trinity River Vision TTF) Section 3. That this Ordinance shall take effect and be in full force and effect from and after its adoption. AND IT IS SO ORDAINED. ADOPTED AND EFFECTIVE: 6— IE- D �L APPROVED AS TO FORM AND LEGALITY: By: / Peter Vaky Assistant City Attorney Date: M&C: G- —1 g 3 y 1 Page 3 of 3 Ordinance Increasing Size of Board of Directors of Tax Increment'Reinvestment Zone Number Nine (Trinity River Vision TIF) ORDINANCE NO. 16808-2-2006 AN ORDINANCE REDUCING THE BOUNDARIES OF TAX INCREMENT REINVESTMENTZONE NUMBER NINE, CITY OF FORT WORTH, TEXAS (TRINITY RIVER VISION TIF); AND CONTAINING OTHER MATTERS RELATER TO THE ZONE. WHEREAS, pursuant to Ordinance No. 15797, adopted by the City Council of the City of Fort Worth, Texas (the "City") on December 16, 2003, the City created Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (Trinity River Vision T1F) (the "Zone"); and WHEREAS, Section 311.007 of the Texas Tax Code (the "Code") allows the City Council to reduce or enlarge the boundaries of an existing reinvestment zone by ordinance or resolution, subject to the limitations provided by Section 311.006 of the Code; and WHEREAS, the City wishes to reduce the Zone by removing the property depicted and described in Exhibit "A" and Exhibit "B" of this Ordinance (collectively, the "Property"), which Exhibits are attached hereto and hereby made a part of this Ordinance for all purposes; and WHEREAS, by operation of Sections 311.006 and 311.007 of the Code, a municipality may change the boundaries of an existing reinvestment zone so long as (i) less than ten percent (10%) of the property within the amended boundaries of the reinvestment zone, excluding any property dedicated to public use, is used for residential purposes, as defined in Section 311.006(d) of the Code; (ii) the amended boundaries of the reinvestment zone will not contain more than fifteen percent (15%) of the total appraised value of taxable real property in the municipality and in the industrial districts Page t Ordinance Reducing Boundary of Tax increment Reinvestment Zone Number Nine, City of fort worth, Texas (Trinity River Vision TTF) created by the municipality; and (iii) the amended boundaries of the reinvestment zone will not contain more than fifteen percent (15%) of the total appraised value of the real property taxable by a county or school district; and WHEREAS, on February 7, 2006 the City Council held a public hearing regarding the reduction of the Zone and its benefits to the City and to property in the Zone and afforded a reasonable opportunity for all interested persons to speak for or against the removal of the Property from the Zone and the concept of tax increment financing; and WHEREAS, notice of the public hearing was published in a newspaper of general circulation in the City on January 26, 2006, which date was not later than seven (7) days prior to the date of the hearing; and WHEREAS, prior to the public hearing the City provided written notice to all taxing units levying real property taxes within the Zone of the City's intention to remove the Property from the Zone and of the public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section X. FINDINGS. That after reviewing all information before it regarding the removal of the Property from the Zone and after conducting a public hearing regarding the reduction of the Zone and its benefits to the City and to property in the Zone and affording a reasonable opportunity for all interested persons to speak for or against the removal of the Page 2 Ordinance Reducing Boundary of Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (Trinity River Vision TIF) Property from the Zone and the concept of tax increment financing, the City Council hereby makes the following findings of fact: 1.1. The statements, facts, terms and conditions set forth in the recitals of this Ordinance are true and correct. 1.2. Removal of the Property from the Zone will not adversely affect development in the Zone or adversely affect either the Zone or the City in general. 1.3. The Property is subject to removal from the Zone pursuant to Section 311.007(a) of the Code. 1.4. With the removal of the Property from the Zone, less than ten percent (10%) of the property within. the Zone, excluding any property dedicated to public use, will be used for residential purposes, as defined in Section 311.006(d) of the Code. 1.5, With the removal of the Property from the Zone, the Zone will not contain more than fifteen percent (15%) of the total appraised value of taxable real property in the municipality and in the industrial districts created by the municipality. 1.6. With the removal of the Property from the Zone, the Zone will nott contain more than fifteen percent (15%) of the total appraised value of real property taxable by any county or school district. Section 2. REMOVAL OF PROPERTY FROM ZONE. That the City Council hereby reduces the boundaries of the Zone by removing the Property from the Zone. The Zone, as reduced, has been designated under Section 311.005(a)(1) of the Code and shall continue to be known as "Tax Increment Page 3 Ordinance Reducing Boundary of Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (Trinity River Vision T1F) Reinvestment Zone Number Nine, City of Fort Worth, Texas." With removal of the Property from the Zone, the Zone shall comprise the property depicted v-i Exhibit "C", which is attached hereto and hereby made a part of this Ordinance for all purposes. Section 3. ZONE BOARD OF DIRECTORS. That the board of directors for the Zone shall remain unchanged and shall continue to conform to the requirements of Section 311.009 of the Code. Section 4. TERM OF .ZONE. That the removal of the Property from the Zone shall take effect upon the adoption of this Ordinance. The Zone, as reduced, shall terminate in accordance with Section 5 of Ordinance No. 15797. Section 5. DETERMINATION OF TAX INCREMENT BASE. That the tax increment base of the Zone, as defined by Section 311.012(c) of the Code, shall be reduced by the taxable appraised value of the Property for the year 2003, which is the year in which the Property was designated as part of the 'Zone pursuant to Ordinance No. 15797. The tax increment base for property remaining bi the Zone shall remain unchanged. Page 4 Ordinance Reducing Boundary of Tax Increment Reinvestment Zone Number Nine, City of Port Worth, Texas (Trinity River Vision TIP) Section 6. TAX INCRENWNT FUND. That beginning with the 2005 tax year, each taxing unit which levies real property taxes on the Property shall be relieved of any obligation to deposit the percentage of any tax increment (as defined by Section 311.012(a) of the Code) produced by the Property that the taxing entity elected to dedicate to the Tax Ineremeut Fund (created and established for the Zone pursuant to Section 6 of Ordinance No. 15797) under a participation agreement with the City, as authorized by Section 311.013(f) of the Code. Section'7. SEVERABILTTY. That if any portion, section or part of a section of this Ordinance is subsequently declared invalid, inoperative or void for any reason by a court of competent jurisdiction, the remaining portions, sections or parts of sections of this Ordinance shall be and remain in full force and effect and shall not in any way be impaired or affected by such decision, opinion or judgment. Section 8. That this Ordinance shall take effect and be in full force and effect from and after its adoption. AND IT IS SO ORDAINED. Page 5 Ordinance Reducing Boundary of Tax Increment Reinvestment Zone Number Nine, City of Dort Worth, Texas (Trinity River Vision TIF) ADOPTED AND EFFECTIVE: Febrttary 7, 2006 APPROVED AS TO FORM AND LEGALITY: By: &(. a� Peter Vaky Assistant City Attorney Date: Z -'7~ D 6 M&C: G—IS070 Page 6 Ordinance Reducing Boundary of Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (Trinity River Vision TIF) EXHIBIT "A"' TRACT I PROPERTY TO BE REMOVED FROM EAST BOUNDARY OF ZONE Ordinance Reducing Boundary of Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (Trinity River Vision TIF) TRACT I (Boundary description of property to be removed from the East bowxdary): Beginning at a point of the intersection of a the east ROW line of Cummings St. and south ROW line of Peach St, thence Easterly along the south ROW line of Peach St to a point where said line intersects with the east property line of Block 124, Lot 9A of the Fort Worth Original Addition, thence Northerly from the east property line of Block 124, 9A of the Fort worth Original Addition to a point where said line intersects the north ROW line of Peach St and the east ROW line of Samules Ave, thence Westerly from the east ROW line of Samuels Avenue to a point where said line intersects the southeast property fine of Block 1, Lot SR of the Cummings -Boaz Addition, thence Westerly along the south property line of Block I, Lot SR of the Cummings -Boaz Addition to a point where said line intersects the east property line of Lot I8B of the Cummings Addition, thence Northerly along the cast property line of Lot 18B of the Cummings Addition to a point where said lime intersects the north property line of Lot 18B of the Cummings Addition, thence Westerly along the north property line of Lot I8B to a point where said line intersects the east property line of Lot 4A of the Cummings Addition, thence Northerly along the east property line of Lot 4A of the Cummings Addition to a point where said line intersects the north property line of Lot 4A of the Cummings Addition, thence Westerly along the north property line ofLot 4A to a point where said line intersects the east ROW line of Cummings Ave, thence Southerly along the east ROW line of Cummings Ave to a point where said line intersects with south ROW line of Peach St, which is the point of beginning. `! s f cam• r s � t West ROW line of BNSF Railroad w� ! ` East Property line of Lot 18B � J• \�•,\�` ✓ Jam, ,'\�;� Intersection of the North ROW line of Peachand Ole Last ROW of Swnueis Ave 1 _ `.� South of ROW line r of Peach St 7z South Property line of of Cummings Block 1, Lot512 Noah Property line Of trot 18B and 4A of the \ t Cummings Addition Intersection of the Cusl Property line of Block 124,. Lot 9A n � � EXHIBIT "B" TRACT II PROPERTY TO BE REMOVED FROM WEST BOUNDARY OF SANE Ordinance Reducing Boundary of Tax Increment Reinvestment pone Number Nine, City of Fort Worth, Texas (Trinity River Vision TIF) TRACT 11(Boundary description of property to be removed from the West boundary); Beginning at a point of the intersection of a the east ROW line of Pooh St. and south ROW line of Lancaster Ave, thence Northward along the east ROW line of Foch Street to a point where said line intersects the south property line of Justin Addition Bile 1, Lot 3, thence Easterly along the south property line of Justin Addition Blk 1, Lot 3 to a point where said line intersects the east property line of Justin Addition Blk 1, Lot 3, thence Northward along the east property line of Justin Addition Blk 1, Lot 3 to a point where said line intersects the south property line of Justin Addition Blk 1, Lot 4, thence Easterly along the south property line of Justin Addition Elk 1, Lot 4 to a point where said line intersects the south property line of Seventh Street Station Blk 1, Lot 4 thence Easterly along the south property line of Seventh Street Station Blk 1, Lot 1 to a point where said line intersects the west ROW line of Woolery Street, thence Northward along the west ROW line of Woolery Street to a point where said line intersect the south ROW line of 7'r Street, thence Westerly along the south ROW line of 76 Street to a point where said line intersects the west ROW line of Foch St, thence Southerly along the west ROW line of Foch St, to a point where said line intersects the south ROW line of Lancaster Ave, thence Easterly along the south ROW Iine of Lancaster Ave to a point where said line intersects with east ROW fine of Foch Street, which is the point of beginning. J + 1Z ! 1, t AbA ROW line _ r 1•t:; 7��ofM&WRailroad TtUk , West ROW line jof Woolery St°� 4 - C F I C r2J '� ✓ x'� �. .0 4 C 'L r ': I Justin Addtion South prop line Blk I Lot ^� /�� prop line Blk 1 Lot 1 , L EXHIBIT "C" DESCRIPTION AND DEPICTION OF ZONE FOLLOWING REMOVAL OF THE PROPERTY Ordinance Reducing Boundary of Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (Trinity River Vision TIF) North ROW line East ROW fine of23td St I I of Samuels Ave West ROW line of FW&W Railroad �Y ��+t c-M :w:a I North ROW line of Northside Dr West ROW line ofNorth Main St North ROW line of Grand-. North ROW line ofTerrace wlll?tl` West ROW line of University Dr a � I7 � South ROW of Shamrock West ROW line of V acek St North ROW line of White Settlement Rd West ROW line l ofFW&W Railroad West ROW tine of Wooltay St Justin Addition East and., South Proplitre Bik 1 Lot3 (=`^S'L,���+„ tl:'1`li r J lit i1 IEast ROW fine of Foch St Seventh Street Station South South ROW line prop line M I Lot I I I of Lancaster I South ROW line of 7" St Centerline of Trinity River West ROW line of j BNSF Railroad II South ROW line of Northside Dr East ROW line of Samuels Ave . Noah Park Business Center South prop line Bik 9 Lot RD NonhParkBusinessCenterSouth 4 prop line Bik9Let PC f Fruhwirth Addition South prop lineBlk 1 Lot AIR r uhwirth Addition ' South prop I ine of Trs 5 & 6E clydmiinc of Trinity River Samules Ave Baptist Church Add., South prop lineBlk 1 Lot 1 Mut ikat Felix G Survey, N prop line A1045 Tr 33 West ROW line of BNSF Railroad Intersection of the North ROW line off caeh and the East ROW ofSumuclsAve South of ROW line of Peach St Intersection of the East Prop any limo of Block 124. Lot 9A ,t South Property line of Block 1, Lot 5R tit i = t \,'East Propety line of '� Lot i88 North Property line of Lots 18B and 4A of the CummingsAddhion Centerline of Trinity River North ROW line Of Weatherford TAX INCREMENT REINVESTMENT ZONE # 9 EXHIBIT "B" TIF PROJECT PLAN Financing Plan and Project Plan for the Tax Increment Reinvestment Zone Number #9 (The Trinity River Vision TIF) Prepared for: The City of Fort Worth Tarrant County Tarrant County College Fort Worth ISD Tarrant Regional Water District September 2005 TABLE OF CONTENTS I. Description of the Zone A. Map B. Legal Description H. Project Description A. Urban Waterfront Development III. Economic Impact A. 40-Year Zone -by -Zone Analysis IV. Tax Increment Projections A. 25-Year Targeted Project Analysis V. Public Infrastructure Costs and Financing Plan Summary VI. Terms and Conditions VII. Attachment Tax Increment Projections 2 Pages 3-9 Pages 10-12 Pages 13-17 Pages 18-24 Pages 25-27 Page 28 Page 29 I. DESCRIPTION OF THE ZONE West ROW line oflW&WRailroad North ROW lint of 1401 West ROW line ofNo11h;maia& Nwih POW line ofG-And North ROW line of Terr3ce West ROW line of tlnivm-iix Dr Somh ROW of Shararock- wc;.t ROY li)kc , �Zl Korlh ROW line of NNNI. S.W.Mad Rd P-- Wck RON%, line f st. Tdssm -5 S—b e u, I r=iRow line oft—h St *1 Rik P.V hoc)31k ufi P"p line ilik I Lpt I Centedine of Trinity,,,. Rjor West ROW lim of Asow, ROV.- lit. of bloallsidc Dr =ROW line cis Ave PKA 1u. BW 9 Lot Im R4,winhA4dk1.. Wb prrp 60, BA 16% MR II Al L, Urar<L Add., Seam prep U.7m, ma&- rvr. G A 1W ID33 1VT R- ROW 1ir&*rP,.b .4. he )P W P,01&1 FS1 D, b �41 Aw Sout). ROW lift i of Fc*ch St ra. F,,d so.do T-i-ty li+ of lm.-L 1, w 51t dria..isp )A IS-9 ................ ROW of Fast W hn of CC13fC11ihC Of nst Park Suintmt Ave Trinity River INorth ROM' line ofs St North ROW line I South ROW line Ofwborford &.)ujh;t0AV Liae ar, St I I - IWI — l ofJncaster 1) Revision A 2) Revision 8 Nnorth ROW line East ROW line of23" St ofSamuels Ave 7 TAX INCREMENT REINVESTMENT ZONE # 91 3 LEGAL DESCRIPTION OF THE TIF DISTRICT Beginning at a point of the intersection of a projection of the west ROW line of FW&W Railroad and the north ROW line of 23`d St_, thence Easterly along the north ROW line of 23`d St. to a point where said line intersects with the east ROW line of Samuels Ave., thence Southerly along the east ROW line of Samuels Ave. to a point where said line intersects with the centerline of the Trinity River, thence Easterly along the centerline of the Trinity River to a point where said line intersects with the west ROW line of BNSF Railroad, thence Southerly along the west ROW line of BNSF Railroad to a point where said line intersects with the south ROW line of Northside Dr, thence Southwesterly along the south ROW line of Northside Dr. to a point where said line intersects with the east ROW line of Samuels Ave., thence Southerly along the east ROW line of Samuels Ave. to a point where said line intersects with the south property line of North Park Business Center Blk 9 Lot RC, thence Westerly along the property line of North Park Business Center Blk 9 Lot RC to a point where said line intersects with the south property line of North Park Business Center Blk 9 Lot RD, thence Westerly along the south property line of North Park Business Center Blk 9 Lot RD to a point where said line intersects with the south property line of Fruhwirth Addition Blk I Lot AIR, thence Westerly along the south property line of Fruhwirth Addition Blk I Lot AIR to a point where said line intersects with the south property line of Fruhwirth Addition.Trs S & 6E Westerly along the south property line of Fruhwirth Addition Trs 5 & 6E to a point where said line intersects with the centerline of the Trinity River, thence Southwesterly along the centerline of the Trinity River to a point where said line intersects with the south property line of Samuels Ave. Baptist Church Addition Blk 1 Lot 1, thence Easterly along the south property line of Samuels Ave. Baptist Church Addition Blk 1 Lot 1 to a point where said line intersects the east ROW line of Samuels Ave., thence Northerly along the east ROW line of Samuels Ave. to a point where said line intersects the north property line of Mulliken Felix G Survey A1045 Tr 33, thence 4 Easterly along the north property line of Mulliken Felix G Survey A1045 Tr 33 to a point where said line intersects the west ROW line of BNSF Railroad, thence Southward along the west ROW line of BNSF Railroad to a point where said line intersects the south ROW line of Peach St., thence Southwesterly along the south ROW line of Peach St. to a point where said line intersects the intersection of the east ROW property line of Cummings Blk 124, Lot 9A of the Fort Worth Original Town Addition, thence Northerly from the east property line of Cummings Blk 124, Lot 9A of the Fort Worth Original Town Addition to a point where said line intersects the north ROW line of Peach St. and the east ROW line of Samuels Ave., thence Westerly from the east ROW line of Samuels Ave. to a point where said line intersects the southeast property Line of Block 1, Lot 5R of the Cummings -Boaz Addition, thence Westerly along the south property line of Block 1, Lot 5R of the Cummings -Boaz Addition to a point where said line intersects the east property line of Lot 1.8B of the Cummings Addition, thence Northerly along the east property line of Lot 18B of the Cummings Addition to a point where said line intersects the north property line of Lot 18B of the Cummings Addition, thence Westerly along the north property line of Lot 18B of the Cummings Addition to a point where said line intersects the east property line of Lot 4A of the Cummings Addition, thence Northerly along the east property line of Lot 4A of the Cummings Addition to a point where said line intersects the north property line of Lot 4A of the Cummings Addition, thence Westerly along the north property line of Lot 4A of the Cummings Addition to a point where said line intersects the east ROW line of Cummings Ave., thence' Northwesterly along the east ROW of Cummings Ave. to a point where said line intersects the north ROW line of Cummings Ave., thence Westerly along the north ROW line of Cummings Ave. to a point where said line intersects the centerline of the Trinity River, thence Southwesterly along the centerline of the Trinity River to a point where said line intersects with the north ROW line of 5t' St., thence Easterly along the north ROW line of Sth St. to a point where said line intersects the north ROW line of Forest Park Blvd., thence Northward along the north ROW line of Forest Park Blvd. to a point where said line intersects the north ROW line of Weatherford St., thence Northeasterly along the north ROW line of Weatherford St. to a point where said line intersects the east ROW line of Summit Ave., thence Southerly alo% the east ROW line Summit Ave. to a point where said line intersects the south ROW line of 7 St., thence Westerly along the south ROW line of 7th St. to a point where said line intersects the north ROW line of Forest Park Blvd., thence Southerly along the north ROW line of Forest Park Blvd. to a point where said line intersects the south ROW line of Lancaster Ave., thence Westerly along the south ROW line of Lancaster Ave. to a point where said 'line intersects the east ROW line of Foch St., thence Northward along the east ROW line of Foch St. to a point where said line intersects the south ROW property line of 7`h St. Justin Addition Blk 1, Lot 3, thence Easterly along the south ROW property line of 7(h St. Justin Addition Blk 1, Lot 3 to a point where said line intersects the west ROW east property line of FW&W Railroad Justin Addition Blk 1, Lot 3, thence Northward along the east property line of FW&W Railroad Justin Addition Blk 1, Lot 3 to a point where said line intersects the south property line of Justin Addition Blk 1, Lot 4, thence Easterly along the south property line of Justin Addition Blk 1, Lot 4 to a point where said line intersects the south property line of Seventh Street Station Blk 1, Lot 1, thence Easterly along the south property line of Seventh Street Station Blk 1, Lot 1 to a point where said line intersects the west ROW line of Woolery St., thence Northward along the west ROW line of Woolery St. to a point where said line intersects the west ROW line for the FW&W Railroad, thence Northward along the west ROW line of FW&W Railroad to a point where said line intersects the north ROW line of White Settlement Rd., thence Easterly along the north ROW line of White Settlement Rd. to a point where said line intersects the west ROW line of Vacek St., thence Northward along the west ROW line of Vacek St. to a point where said line intersects the south ROW Iine of Shamrock Ave., thence Westerly along the south ROW line of Shamrock Ave. to a point where said line intersects the west ROW line of University Dr., thence Northward along the west ROW line of University Dr. to a point where said line intersects the north ROW line of Terrace Ave., thence Northward along the north ROW line of Terrace Ave. to a point where said line intersects the north ROW line of Grand Ave., thence Northward along the north ROW line of Grand Ave. to a point where said line intersects the west ROW line of North Main St., thence Northward along the west ROW North Main St. to a point where said line intersects the north ROW line of Northside Dr., thence Westward along the north ROW line of Northside Dr. to a point where said line intersects the west ROW line of BNSF Railroad, thence Northward along the west ROW line of BNSF Railroad to a point where said line intersects with the north ROW line of 23rd St., which is the point of beginning. 1 Revision A 2 Revision B 7 Boundary Description of Property to be removed from Tax Increment Reinvestment Zone 99 Fort Worth, Texas Revision A Beginning at a point of the intersection of the east ROW line of Cummings St. and south ROW line of Peach St., thence Easterly along the south ROW line of Peach St. to a point where said line intersects with the east property line of Block 124, Lot 9A of the Fort Worth Original Addition, thence Northerly from the east property line of Block 124, Lot 9A of the Fort Worth Original Addition to a point where said line intersects the north ROW line of Peach St and the east ROW line of Samuels Ave., thence Westerly from the east ROW line of Samuels Ave. to a point where said line intersects the southeast property line of Block 1, Lot 5R of the Cummings -Boaz Addition, thence Westerly along the south property line of Block 1, Lot 5R of the Cummings -Boaz Addition to a point where said line intersects the east property line of Lot 18B of the Cummings -Boaz Addition, thence Northerly along the east property line of Lot 188 of the Cummings -Boaz Addition to a point where said line intersects the north property line of Lot 18B of the Cummings -Boaz Addition, thence Westerly along the north property line of Lot 18B of the Cummings -Boaz Addition to a point where said line intersects the east property line of Lot 4A of the Cummings -Boaz Addition, thence Northerly along the east property line of Lot 4A of the Cummings -Boaz Addition to a point where said line intersects the north property line of Lot 4A of the Cummings -Boaz Addition, thence Westerly along the north property line of Lot 4A of the Cummings -Boaz Addition to a point where said line intersects the cast ROW line of Cummings Ave., thence Southerly along the east ROW line of Cummings Ave. to a point where said line intersects with south ROW line of Peach St., which is the point of beginning. orcurtrnrings (': battlh 1'rolx rty laru of i Block.l, LotSli _.V iNorth Proparty.line of Lots i IV and 4A of (lie . .:•`:j �rnlnliriaSAddi.titrn. Wcst lZO W line of BNSP Railroad . F RNI1'roperty lincof Lot 1813 J lri€eracctiou of the North ROW, Irgc of Peach and Ilm East ROW of Samu,k Ave South of ROVJ line each 5 of Pt Inferscx:tion of the Cast property line of 1316c1. 124, Lot 9A Boundwy Description of Property to be removed from Tax Increment Reinvestment Zone #9 Fort Worth, Texas Revision B Beginning at a point of the intersection of the east ROW line of Foch St and south ROW line of Lancaster, Ave., thence Northward along the east ROW line of Foch St to a point where said line intersects the south property line of Justin Addition Blk 1, Lot 3, thence Easterly along the south property line of Justin Addition Blk 1, Lot 3 to a point where said line intersects the east property line of Justin Addition Blk 1, Lot 3, thence Northward along the east property line of Justin Addition Blk 1, Lot 3 to a point where said line intersects the south property line of Justin Addition Blk 1, Lot 4, thence Easterly along the south property line of Justin Addition Blk 1, Lot 4 to a point where said line intersects the south property line of Seventh Street Station Blk 1, Lot 1, thence Easterly along the south property line of Seventh Street Station Blk 1, Lot 1 to a point where said line ;intersects the west ROW line of Woolery St., thence Northward along the west ROW line of Woolery St to a point where said line intersect the south ROW line of Id'St, thence Westerly along the south ROW line of 7'h St to a point where said line intersects the west ROW line of Foch St., thence Southerly along the west ROW line of Foch St to a point where said line intersects the south ROW line of Lancaster Ave., thence Easterly along the south ROW line of Lancaster Ave. to a point where said line intersects with east ROW line of Foch St., which is the point of beginning. west Row tine of M&:W Railroad [West RQW lino Dv,* �C`171am wi�tlrSt t _� of VrTriplpry St f East ROW lint of Fooh St. (Jirsirixl4drIa0uSptrth I ;F ,r' Z. prop lirrI31: I Lot 4: SonthROW line. of Lancaster Se-endi Stri et Station South prop line M— I Lot I. H. PROJECT DESCRIPTION The master plan vision is to create eight miles of urban waterfront along the Clear Fork and West Fork between 7th Street and Samuels Avenue. A higher and more constant water level would be impounded by a hydraulic dam near the Samuels Avenue Bridge downstream from the junction of Marine Creek and the West Fork of the Trinity River. This would create an urban lake and river that link the Stockyards and near north neighborhoods with Downtown, the Cultural District area and Rockwood Park area. The constant water level also enables future private developers to excavate inlets and waterways into developments that can provide water for amenities and boat access for residents and businesses. Trinity Uptown Development iOdel Com Zohes. Al. F1igMcrlknsiipNcigli;xuMtrid .L ili*rlkeSily Neicad Lborito AJ'laiwemoaj rglleiM " DI xei"hbwl" Ncishim*p0d Di Ndghborhood C C.nCniivc Df N'eighbwhWd. WN Neighborhood Di Neigbherhued la ImmaI:nke I' Tdnw;f County Cu!lc,r CMIWW <iI North !.fain Periphera(Zoues. 1_ Noith D. rm" 2. Test Pod• 3. NenAers lrt Sirxw 4. Trinity park VsKigul5a of7th 5, pier I 7, Tennol ke&Qal Ndri l g. Nold1iide Ihive TIP is llmeda�y T''^=NrHpMaiJ Y'ronr: 10 The bypass channel would generally follow the current path of the Fort Worth and Western Railroad. The bypass channel combined with the historic Oakwood Cemetery would provide a beautiful greenway that transitions between the proposed urban developments and the historic near north neighborhoods. This creates thirteen waterfront zones (and eight adjoining areas) for redevelopment. Approximately 1,380 acres of area could then transition to higher density mixed -use developments bringing people back to the Central City to live, work, play, and learn. All of the zones, except the historic Samuels Avenue zone north of Pioneers Rest Cemetery, are seen as higher density developments with 3 to 20+ story buildings encouraged. This would allow for continued growth of Downtown Fort Worth. Much of the subject area is underdeveloped or vacant land. Some of these industrial land uses have now become obsolete because of new industrial technologies, environmental conditions and other factors. Goals for the Central City Many of the goals for the Central City segment are similar to those for the overall Trinity River Master Plan. Continuity of trails, enhanced open space and recreational areas, linkages to nearby neighborhoods, conservation and environmental restoration for improved water quality and wildlife, habitat are all goals this plan hopes to improve or enhance. However, the Central City area has a unique set of characteristics that require a more in-depth look at the long-range economic development potential. The Central City area is the center, or "hub," of the entire river. The river is the "glue" that links Fort Worth's great districts. The confluence of the Clear Fork and West Fork define the Downtown area. Land uses along this segment are primarily commercial or industrial with the exception of Samuels Avenue historic neighborhood and the Oakmont/ Riverside neighborhoods. Because of the aging industrial area and expanse of underutilized land, there is an opportunity to attract approximately $1.6 billion of new tax base that would not occur unless a bypass channel and urban waterfront are constructed. 11 The bypass channel would generally follow the current path of the Fort Worth and Western Railroad. The bypass channel combined with the historic Oakwood Cemetery would provide a beautiful greenway that transitions between the proposed urban developments and the historic near north neighborhoods. This creates thirteen waterfront zones (and eight adjoining areas) for redevelopment. Approximately 1,380 acres of area could then transition to higher density mixed -use developments bringing people back to the Central City to live, work, play, and learn. All of the zones, except the historic Samuels Avenue zone north of Pioneers Rest Cemetery, are seen as higher density developments with 3 to 20+ story buildings encouraged. This would allow for continued growth of Downtown Fort Worth. Much of the subject area is underdeveloped or vacant land. Some of these industrial land uses have now become obsolete because of new industrial technologies, environmental conditions and other factors. Goals for the Central City Many of the goals for the Central City segment are similar to those for the overall Trinity River Master Plan. Continuity of trails, enhanced open space and recreational areas, linkages to nearby neighborhoods, conservation and environmental restoration for improved water quality and wildlife habitat are all goals this plan hopes to improve or enhance. However, the Central City area has a unique set of characteristics that require a more in-depth look at the long-range economic development potential. The Central City area is the center, or "hub," of the entire river. The river is the "glue" that links Fort Worth's great districts. The confluence of the Clear Fork and West Fork define the Downtown area. Land uses along this segment are primarily commercial or industrial with the exception of Samuels Avenue historic neighborhood and the Oakmont/ Riverside neighborhoods. Because of the aging industrial area and expanse of underutilized land, there is an opportunity to attract approximately $1.6 billion of new tax base that would not occur unless a bypass channel and urban waterfront are constructed. 11 One of the key goals in Fort Worth's Comprehensive Plan and Downtown Plan is to attract a greater amount of people to the Central City area. The Trinity River confluence becomes a focal point for bringing people back to the Downtown area. Furthermore, the river in the Central City area can serve as the City's recreational and entertainment focal point with a critical mass of mixed -use development right in the heart of the City. Goals: 1. Provide enhanced flood protection in accordance with U.S. Army Corps of Engineers criteria including the elimination of existing "sump areas" that are now within the 100-year flood plain 2. Provide aesthetic and recreational focal points for the Central City 3. Add a higher density of people living, working, playing and learning in the Central City 4. Orient mixed -use development focused toward the river 5. Create an urban lake b. Provide a higher constant water level 7. Eliminate levees where feasible S. Provide a continuity of urban trails through Downtown consistent with the overall Trinity Trail System 9. Improve water quality and expand wildlife habitat 10. Create and enhance linkages to neighborhoods and districts 11. Increase development and redevelopment potential of Central City lands 12 III. ECONOMIC IMPACT The Economic Impact focuses on the individual development zones and a conservative market absorption assuming the full development of the urban waterfront development area and the development that would follow. The Tax Increment Projections include a targeted project approach for the purposes of determining the minimum development necessary to support tax incrementing funding of a portion of the urban waterfront development. 40-Year Zone -by -Zone Economic Impact Analysis The proposed urban waterfront development accomplishes several major objectives. The bypass channel will reduce Central City flooding threats, especially the "sump areas" that still remain in the 100-year flood plain area. The bypass channel can restore flood protection back to the mandated Standard Project Flood +4 foot criteria, which has now been compromised due to substantial urbanization in the Trinity River watershed upstream of Fort Worth. In addition, Fort Worth can once again focus on orienting to the Trinity River as an important open space and urban amenity. The 40-year build out is estimated to be about 14,963,000 SF of taxable properties that would be valued at $1.6 billion dollars (2005 values). This generates substantial ad valorem, sales tax, and other revenues to the Tarrant Regional Water District, City of Fort Worth, Fort Worth ISD, and Tarrant County jurisdictions. It allows the great momentum created by the last 15 years of Downtown renaissance to continue for at least another half century. This revenue base coupled with federal and state funds from flood control, transportation, environmental restoration, environmental clean-up ("brownfields"), and recreational sources would appear to make the whole Trinity River Vision feasible to be implemented over a 10 to 20-year period. The overall project can be developed in phases, so that funding can be spread out over several budget cycles for the various governmental bodies. This urban waterfront is the mechanism for attaining the huge potential of Fort Worth"s Central City. It truly links Downtown to the Near Northside areas, Stockyards area, and Cultural District. In addition, almost every neighborhood in Fort Worth will be able to access the Trinity Greenbelt and walk, bike, or boat into this urban waterfront area. Opening up these areas to optimum development gives Fort Worth the potential to compete in the worldwide economy where many of the 13 entrepreneurs and businesses, such as RadioShack and Pier 1, desire to live, work, and learn in exciting urban riverfront neighborhoods. Geographic Scope: The area contains 1,380 acres of land. It is divided into 21 zones for economic development study purposes. Economic Development and Revenue Analysis - Description of Methodology A series of steps and analyses were undertaken to determine the economic benefit / cost of moving forward with the urban lake concept. Step 1: Determine logical development zones and neighborhoods - directly impacted The first step was to determine logical development areas or zones that could be evaluated regarding development and redevelopment potential. Key factors to determine these zones were major existing and proposed landmarks and corridors, access characteristics, timing of availability, waterfront access potential, view potential, current trends, environmental cleanup issues, historic and cultural features, and what the highest and best land uses would be during the next 40 years, given the need to complement Downtown, the Stockyards, Near North, and Cultural District neighborhoods. The Economic Development Zone Map on pagel0 shows the 21 zones that total 1,380 acres of area, net of major thoroughfares, railroads, proposed waterfront, greenbelt, and urban lake areas. Step 2: Determine the percentage and land area of each zone that actually could be redeveloped during the next 40 years Established ownerships and businesses, difficult environmental cleanup areas, ecosystem restoration areas, local streets and utilities, and pedestrian access areas were determined and subtracted to determine the amount of land that could probably be available for development during the next 40 years. For all 21 zones, it was determined that at least 48% or 662 acres of land could be developed within the next 40-year period. 14 With an average expected net Floor Area Ratio (FAR) of just 1.0, this could support about 29 million building SF. Therefore, capacity for development is not the determining factor for the next 40 years, since all of Downtown is now about 10 million SF, almost all of which has been developed or substantially renovated in the last 40 years. Step 3: Determine a reasonable market for absorption of new or redeveloped buildings in the next 40 years A conservative approach was used to determine development absorption over the next 40 years. A surmnary follows: Residential: The main focus of proposing the urban waterfront and bypass channel is to improve flood protection while encouraging more people to live in the central city which will be good for air quality, reduce traffic congestion, increase understanding of community and diversity and other positive urban. goals. A study by MPF indicates there is at least a demand for about 5,000 residential units in the central city, which includes the subject area, but also includes the Medical District (south of Downtown). Excluding the residential capacity and distribution of demand for the Medical District, and the south 2/3 of Downtown, this results in a demand -of about 2,750 units for the subject 21-zone area. Given the growth and popularity of living downtown and extrapolating this for 40 years, absorption of 10,330 residential units is very reasonable. This would result in 11,363,000 SF of residential building space. CommerciaVOffice/Retail Support: In the last 40 years (going back to 1962), practically every office building in Downtown has been built new or substantially renovated. About nine office towers account for over 4.5 million SF, all having been built in the last 40 years. Recently, RadioShack and Pier 1 have completed corporate office. complexes totaling about 1.3 million SF. Adding the two, 5.8 million square feet of office has been developed in the last 40 years and another 750,000 SF of smaller office buildings have been built or substantially renovated. Over the next 40 years, Downtown and the 21-zone waterfront area could easily be expected to attract another 9 million SF of commercial space. To be conservative, this economic development analysis only assumes that 2.75 million SF or about 15 39% is expected to actually locate in the 21-zone urban lake area. Obviously, this could be much more given the success of other Downtown areas with waterfront developments, such as Portland, Seattle, and Denver. Some of the low prediction of office space has to do with the need to keep office concentrated south of the old West Fork and east of the Clear Fork because Downtown still has vacant lands that can be in -filled. Market Absorption Summary - Next 40 Years Units Residential 10,330 Office/CommerciaUlndustrial/Retail Support Total: 16 AvR. Size Square Feet 1,200 11,363,000 2,750,000 14,113,000 Area Impact The 6,500 households expected will have an average household income of approximately $77,000. Urban dwellers spend. about 25% .of income on taxable expenditures. So, about $19,250 per year would be taxable expenditures per household. This results in $385 per year per household to Local City and Transportation Authority revenue, or about $2,500,000 per year. The great advantage of people living in the central city is that they tend to spend most of their expendable dollars in the city limits of Fort Worth. In addition, sales taxes paid by visitors to the area, construction, home improvements, etc. would be in addition and would be very substantial. Having an urban waterfront would most assuredly make Fort Worth more attractive for tourists, visitors, and .convention traffic. It would also attract more corporate and business headquarters like Pier 1 and RadioShack that bring in abundant business travel and related expenditures. Hotel / Bed Tax A much stronger Downtown with growing corporate headquarters and businesses will assuredly increase revenue from room nights, rental cars, and similar activities. An actual number has not been calculated for this project, because said revenues will likely go to support other visitor, tourist, and cultural attractions. Overall Central City Health Just as important as the above, direct revenues are needed to enhance the sustainable economy for Downtown and the Central City. Spin-off economic advantages to adjoining districts and neighborhoods, including the near north neighborhoods (north of Oakwood Cemetery), the Stockyards Area, and Cultural District, Oakhurst / Riverside Areas, and near Westside neighborhoods would be substantial in terms of visitation, expenditures, neighborhood services, shopping and urban livability. The 25-Year TIF #9 Projections From the 40-year projected build -out summarized above, a 25-year conservative build - out projection was developed for purposes of the TV Finance Plan. 17 IV. TAX INCREMENT PROJECTIONS A financial model was created to establish potential revenue streams for the purposes of capturing tax increment. The Tax Increment Projections include a targeted project approach for the purposes of determining the minimum development necessary to support tax increment funding of a portion of the urban waterfront development. Since TIF #9 was established in 2003, significant new development has already occurred. These new developments and immediate and foreseeable projects drive the TIF Increment Projections. Trinity Uptown Development Zones Core Zones: - A] Higher rA.-mity � leighboritood _ A2 Higher IAyvsity Ndghwrhood A3 1Q!cr1)ensityNdghborhgod B! 1\'c:ghburhewd H2 Nerihborhood 1�162lihorlmd -x' C 3aGrava;' Dlt:a;ghhxbcxxl f D2N Niighlxrrhood 1)37,leiglel food �. El VrbaA[ake „i f• Tarrant COumy COlege Cnmpus Gt NMh Maiin �1 r `1 Perrpherdltnes _ - 1. North BilAsT r 2. VkW. Fork 1. 1ien4cr,5on Street 4` B'. 4.TrinityPsrk.Villagc/SooC7th 5; Pier 1 7. Timarn Regional Water District $. Northside Drive naonaan 1,et{pharA z9*0 18 The Final 2004 TIF Increment Report (the first year of increment capture since TIF #9 was created in 2003) yielded a taxable value increment of $40,181,539. New construction accounted for $25,941,004 of the new increment. This first year increment report produced higher than anticipated revenue based upon the initial TIF model. TIF #9 realized $25 million in taxable value increment from the partially completed Pier One Corporate Headquarters (i.e. 2004 tax bill represents value as of January 1, 2004 in which only a portion of the project was completed). To encourage the development of the headquarters, the City of Fort Worth granted a 20-year economic development grant of the increased property taxes; however the remaining taxing jurisdictions did not. Therefore, outside from the City's tax rate the remaining tax jurisdictions value is captured in the TIF. Another known project located within TIF #9 that will contribute to new development growth is the South of Seventh (So7) that will assist in funding the TIF projects. In 2004, 12 new town homes and a Marriott Residence Inn were completed and will add incremental value to the tax roles in 2005 and 2006. Additional phases will continue to addincrement to the TIF. In April 2005, the City of Fort Worth approved a lease and option agreement with La Grave Reconstruction Co, LLP. for approximately 33 acres located between La Grave Field and the currently acquired Tarrant County College property to the south. The lease and agreement allows Reconstruction to purchase. the City, property for development, over an 18-year period. Reconstruction is actively negotiating with developers to partner on the overall envisioned master plan. It is anticipated that the first phase could commence within 12-36 months. Trinity Bluff mixed -use development encompasses approximately 30 acres along the bluff overlooking the east bank of the Trinity River at the historic site of Fort Worth's oldest community; the area is a natural extension of the city's Central Business District. In 2004, the Trinity Bluff development was initiated. Phase I included 61 town homes and a 300 unit apartment project and is not in TIF 49. Phase II of the Trinity Bluff development is in TIF #9 and includes potentially $200 million of new town homes and apartments which is included in TIF #9. 19 These immediate projects in combination with the project impacts outlined in the 21-zone analysis are the development drivers of the TIF Plan. TIF Financing Assumptions: • Tarrant Regional Water District (TRWD) enhancement of $4 million annually for 16 years totaling $64 million total • Revenue bond financing supported by TIF increment and $4 million TRWD revenue • Additional revenue sources may be utilized to enhance marketability of the TIF revenue bonds; however for the purposes of TIF funding feasibility, the minimum necessary has been utilized • Two (2) bond issuances: 2008 and 2013 • Total debt of $178.52 million represents future value of $115.9 million in TIF project costs and $48 million TRWD, which excludes $16 million TRWD contributed from 2004-2008 Revenue bond terms of 30 years at 5% interest. Other terms rni;ght be applicable at the time of issuance 20 25-Year Tax Increment By District Gumutanve aver 2S 5-Year "Snapshots" of Annual Revenue 2009 2014 2019 2024 2029 years City 1.164,632 7,096,475 10.879,765 16.607,077 7.6,298,82.0 274.251,071 Hospital District 523,98D 2,139,707 3,18D,472 4,461,390 7,065,276 77,998.737 TCC 314,253 1,283,272 1,907,462 2,675,682 4,237,342 46,779.105 FWISD 01 01 01 0' 0 0 TRWD 45.093 164J40 273,707 383,941 608,027 6,712,456 County 614,392 2,50B,907 3,729,254 5,231,192 8,284.371 91,457,211 Total: S2,662,350 $13,212,501 $19,970,661 $29.359,282 $46.493,036 S497,198,579 20% 532,470 2,642,500 3.994,132 5,871,856 9.293,767 99,439,716 Portion available to TIF Bo% $2,129,SB0 $10,570,001 $15,976,529 $23,467,426 $37,195,069 $397,758,863 Cumulative after 25 Cumulative Revenue Each 5yr Period 2004-2009 2010-2014 2015-2019 2019-2024 2025-2029 years City 3,14D,619 27,154,983 49,387,363 ?5,594,124 118.973 982 274,251.071 Hospital District 1,721.807 .8,416,307 14.506,351 21.391,679 31,962,504 77,990,737 TCC 1,032.639 5,047,611 8,700.065 12,829.485 19,169,304 46,779.105 FWISD 0 I 0' 01 0 I 0 0 TRWD 148.176 724,295 1,248,395 1,840,936 2,750,554 6,712.456 County 2,018,900 9,068,518 17,09,383 25,082,756 37,477,654 91,457.211 Total: 8,062,141 51,211,714 90,851,557 136,738,980 210,33d,187 497,198,579 20% 1,612.428 10.242,343 10,170,311 27.347.796 42,066.837 99,439,716 Portion available to TIF g076 6,445,713 40,965,371 72,691,246 109,391,184 168,267,350 397,758,363 , Cumulative Totals i 2004-2009 j t 2004-2014' 2004-2019i I i 2004-20241 20642029 Cumulative to Taxing i _ ... �.--._....___..._.. _......._..__:.....___._ —. paricipating Jurisdictions (281/4 11612,428 1 11,854,771 30,025,082 ; 57,372,878 99,439,716 Cumulative Available 1' to TIF (601/4 - ------.—.__.._.._.._____.._.___.__.6,449,713...__..._..__47,419,094.3.._----120.10D_329 229,491,513 j 397,758,863 _ Total Cumulative 8,062,141 59,273,855 _ - _ 160,125,412 ' ..---286,664,392�i �.�'�-�.�-497,198,579 21 The tables below summarize the .assumptions made in the projected tax increment model. TAX RATE City 0.8650000 Hospital District 0.2324000 County College 0.1393800 School District 0.0000000 Water District 0.0200000 County 02725000 TOTAL TAX RATE 1.5292800 ASSUMPTIONS: TIF CREATED: TAXABLE BASE YEAR: TAXING ENTITIES: PARTIAL PARTICIPATION: FINANCING: BOND ISSUANCE: TIF EXPIRATION: FY 2003/2004 2004 ALL EXCEPT SCHOOL 80% TIF / 20% GENERAL FUNDS 5% INTEREST / 30 YEAR TERM. 2008 $75.92M 2013 $102.6M 2028 Model assumes an 80% TIF Fund and 20% General Fund contributions for all taxing jurisdictions. 22 Development Assumptions Tax Increment Model: The 25-year targeted project approach assumes accruing tax increment through 2 methods: 1. 2% annual growth in property values due to increase value from development of the urban waterfront and bypass channel; and 2. $1.24 billion in new development occurring during a 25 year period detailed below. PV 2005 2006 60,000,000 2007 28,301.,887 2008 66,749,733 2010 177,032,934 2012 283,765,676 2016 182,621,337 2020, 168,350,451 2026 274,483,908 1,241,305,925 Land value increases and additional development would be significantly increased and enhanced with the development of the urban waterfront and bypass channel. Without the development of the urban waterfront and bypass channel, the study area would see some development growth, however not at the rate included in the financial model. It is reasonable to assume that the development of the urban waterfront and bypass channel will significantly increase land values by more than 2% annually, however 2% is the conservative baseline used. Therefore, without the proposed public infrastructure, only a small portion of the anticipated development would occur and the full development potential of the area would not be realized. 23 t O 2005 2006 2007 2006 2009 2010 2011 2012 2013 2014 2015 2016 2017 2016 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 pp N J� W W O O O S S S O g o 8 g o m am 0 ❑ ® 0 � = S CD 7 C z co c4 C a. c� 00 b E3 CD O. K CD O. CD CD c9 `0 V. PUBLIC INFRASTRUCTURE COST AND FINANCING PLAN SUMMARY Proposed Trinity River Vision TIF# 9 Project Plan ],;it V KC: 1 L' C 1-J r [)Lrqc)" ('101 \-'a I 1'q 'Stf)1q'C- Lalrlicluj-[_-'- 0 li.l (.1 6 L' t 11 J L III I L: 04 r il-i n �"i ti L I S t 1-11 11 1 f' I J I" 0' 0 1. The above project categories include provisions for contingency, legal-, project management, design, engineering, permitting, and testing (based on 2005 construction costs)- 2. The above project categories do not include increased costs due to inflation or financing costs (interest and fees on debt). 3. Preliminary funding scenarios indicate that the TIF would need to contribute $116 million based upon 2005 construction costs plus appropriate inflation and financing costs. OR Financing Plan Summary Based on discussions with local government and federal agencies, the following sources of funds have been estimated. Local Government Sources Cost Estimates = $ 435 M Assume 50% Local Match $ 217.5 M From Normal Local Program Sources From TRWD » Subtotal: Remaining to Finance from TEF: $116 million in 2005 dollars needed from TIF 26 $ 37.6 M $ 64.1 M $ 101.7 M $115.9 M Summary of Local Government Participation Next Ten Years Local i 2005 Cost Entity ! Source of Funds 1 1 2003 Estimate Esthnate $13,310,000 water/Sew er Fund $5,uuu,uuuf $5,050,000 HUD $2.000,0001 $2,420,000 II SubTotall $22,000,000 $26,620,0001 C_o_unty 3Road and Bridge $6,000,000 $7,260,000 iR!verfrontTlF(RadioShack)—? $2,100,000 $2,541,000 jIn-kind Trads/IrthWark $1,000,000 S11210,000 SubTotal:l $9,100,000 $11,011,000 TRWD — iln-kind Construction $6,400,000 $7,744,000 — — In -kind Recreation — ------ ------- ,.-. ;Ecosystem Restoration $2,500,000 $3,025,000 'Annual Budget i $44,000.000 $53,240,000 — t �SubTotatl $52,900,000 $64,009,000 i 7ota1:� $a4,000,0001 $101,640,0001 2005 Cast Estimate: TIF District: $115,860,000 Total Local (50 % ): 5 217,500,000 (2005 Dollar Values) $116 million from TIF, based on 2005 dollars Conclusion Based upon the TIF Financing and Development Assumptions found on Pages 21 and 22, the TIF Model calculates the year -by -year cash flow analysis of the TIF revenues and expenses. In 2027 when the Ending Cash Balance exceeds the Undiscounted Value of the Remaining Expenses, the TIF has funded the required improvements and no additional TIF Increment is needed. The TIF generates an estimated $397.76 million over the 25-year TIF term in total direct revenues. Based on the funding strategy and assumptions above, the project needs $116 million in financing based on 2005 construction costs. The current pro forma analysis indicates this will allow for possible inflation and financing costs. The project is financially feasible. 27 VI. TERMS AND CONDITIONS The following terms have been discussed to guide completion of intergovernmental discussions and participation agreements. Amount of TIF Financing and the Project PIan: All revenues generated by the TIF shall go to pay for eligible projects as outlined in the approved project plan including management, administration, design, engineering, testing, and financing costs. Consideration of Additional Projects: The TIF Board can consider adding additional projects, but amendments to the Project Plan will require approval from the City, County, TRWD;, and TCC. Length of TIF in Years: The TIF has a 25-year term and is scheduled to end on December 31, 2028. Financing Issues: Approval of this TIF District does not obligate any of the participating taxing jurisdictions to issue debt instruments to finance any part of the project plan without going back for review and approval from the appropriate local governments. Tax Increment Participation Rates: The financing plan described above was based on an assumption that each of the participating local governments would participate at an 80% level. Subject to further review, some local governments have indicated a desired to consider higher levels in the earlier years, or until the TIF is "stabilized" financially. Consequently, the actual participation rates from each local government may change as the TIF District plans and participation agreements are finalized. TIF funds from years 2004 and 2005 shall be kept in reserved accounts subject to payment to the TIF once participation agreements are finalized. 28 ATTACHMENT -- TRV TIF TAX INCREMENT PROJECTIONS F• Projections 916105 80% Total Revenue Less TRWD Increment 1.25 coverage 2005 $ 4,397,395 $ (4,000,000) $ 317,916 $ 254,333 2006 5,072,611 (4,000,000) 858,089 686,471 2007 5,358,176 (4,000,000) 1,096,541 869,233 2008 6,571,609 (4,000,000) 2,057,287 1,645,830 2009 6,662,350 (4,000,000) 2,129,880 -1,703,904 2010 10,149,448 (4,000,000) 4,919,558 3,935,647 2011 10,311,746 (4,000,000) 5,049,397 4,039,517 2012 16,623,123 (4,000,000) 10,098,498 8,078,799 2013 16,914,895 (4,000,000) 10,331,916 8,265,533 2014 17,212,501 (4,000,000) 10,570,001 8,456,001 2015 17,516,060 (4,000,000) 10,812,848 8,650,278 2016 22,705,438 (4,000,000) 14,964,350 11,971,480 2017 23,118,856 (4,000,000) 15,295,085 12,236,068 2018 23,540,542 (4,000,000) 15,632,434 12,505,947 2019 23,970,661 (4,000,000) 15,976,529 12,781,223 2020 25,994,875 20,795,900 16,636,720 2021 26,554,081 21,243,265 16,994,612 2022 27,124,472 21,699,578 17,359,662 2023 27,706,270 22,165,016 17,732,013 2024 29,359,282 23,487,426 18,789,940 2025 29,985,777 23,988,622 19,190,897 2026 43,698,818 34,959,054 27,967,244 2027 44,612,103 35, 689, 682 28, 551, 746 2028 45,543,654 36,434,923 29,147,939 Present Value @ 6% $ 137,688,036 $ 110,150,429 Present Value @ 5% $ 159,884,822 $ 127,907,858 EXHIBIT "C" COUNTY RESOLUTION .•cOUN RESOLUTION PARTICIPATION IN CITY OF FORT WORTH TAX INCREMENT FINANCING REINVESTMENT ZONE 99 - THE TRINITY RIVER VISION TIF WHEREAS, the general laws of the State of Texas authorize governmental taxing entities to join other taxing jurisdictions in the establishment of a reinvestment zone under the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code (the "Act"), to provide incentive for the development and redevelopment of properties that might not be undertaken without such incentive; and WHEREAS, the Fort Worth City Council approved Ordinance No.15797, dated December 16, 2003, establishing Tax Increment Financing Reinvestment Zone Number Nine (the "Zone"), City of Fort Worth, Texas, as amended by Ordinance No. 16005 on June 15, 2004 and Ordinance No. 16808-2-2006 on February 7, 2006, in accordance with the Tax Increment Financing Act, to provide for the creation of a bypass channel for the Trinity River to reduce central city flooding threats and to promote subsequent redevelopment of property in the Zone through the use of tax increment financing; and WHEREAS, in accordance with the requirements of the Act, the Fort Worth City Council has given all applicable notices to the Tarrant County Commissioners Court as to the City Council's establishment of the tax increment reinvestment zone and, through its appointed representatives, has made a formal presentation to the Tarrant County Commissioners Court regarding the reinvestment zone; and WHEREAS, the County has three (3) representatives to the Fort Worth Tax Increment Financing Reinvestment Zone #9 Board of Directors, one as established by statute and two that are named by the County and appointed by the City Council, and said representatives have participated in the development of the Project Plan and Financing Plan for the Zone; and WHEREAS, the City of Fort Worth City Council has adopted the Project Plan and Financing Plan as submitted by the Reinvestment Zone Board of Directors; and WHEREAS, the Tarrant County Commissioners Court recognizes that Tarrant County's participation in the creation of the tax increment reinvestment zone will have the desired effect of developing the area to the benefit of all taxing units which levy taxes in the proposed reinvestment zone. NOW, THEREFORE, BE IT RESOLVED: That the Tarrant County Commissioners Court hereby approves participation in the Fort Worth Tax Increment Financing Reinvestment Zone 99 and the payment into the tax increment fund of a specific portion, as set forth in the Agreement, of its collected incremental tax revenue produced by applying the County's tax rate to the incremental increase in the value of property located in the reinvestment zone, effective January 1, 2004 through December 31, 2024 or until the date that on which the project costs as set forth in the Project Plan have been paid, whichever occurs first, in accordance with the terms of the attached Agreement; that the Agreement be and is hereby approved; that the County and its Commissioners Court hereby agree to enter into the Agreement as a party thereto; and the County Judge of the County or his designee be and is hereby authorized and directed to execute said Agreement on behalf of the County and its Commissioners Court substantially in the form attached hereto and carry out the terms thereof at the appropriate time(s). PASSED AND APPROVED, IN OPEN COURT, this 27th day of February, 2007. COURT ORDER NO. / 49 f>C% B. Glen tley, County Ju r)Lo'.. Roy C. B96oks Commissioner, Precinct 1 Gary Fiekes Commissioner, Precinct 3 J.D. Johnson Commissioner, Precinct 4 APPRO eA;SeT-: Asst. Dect Attorney Exhibit "C" COUNTY RESOLUTION REFERENCE NUMBER '•.N - y COMMISSIONERS COURT PAGE l of 76 COMMUNICATION DATE: 2/27/2007 SUBJECT: APPROVAL OF PARTICIPATION IN THE CITY OF FORT WORTH TAX INCREMENT FINANCING REINVESTMENT ZONE #9 — THE TRINITY RIVER VISION TIF COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court consider approval of the attached Resolution and Participation Agreement providing for the County's participation in the City of Fort Worth Tax Increment Financing Reinvestment Zone #9—The Trinity River Vision TIF, through the payment into the Zone's tax increment fund of certain tax revenues produced by the incremental property values within the TIF Zone as set forth in the Agreement. BACKGROUND: In December 2003, the City of Fort Worth established Tax Increment Financing (TIF) Reinvestment Zone #9 in order to provide for the creation of a bypass channel for the Trinity River to reduce central city flooding threats and to promote subsequent redevelopment of six to eight miles of urban waterfront along the Trinity River, between 7th Street and Samuels Avenue. The TIF is expected to fund just under one-third of the full project cost of the Trinity River Vision — Central City (Trinity Uptown) project. Under the current Project and Financing Plan for TIF Reinvestment Zone #9, TIF funds will provide for an estimated $116 million in public improvements within the TIF zone. Approximately one-half of the project's $435 million cost will be funded from federal sources, with the remainder of funding coming from the Tarrant Regional Water District and other local sources. All project costs are directly related to infrastructure improvements, such as improved roadways, bridges and pedestrian access, environmental remediation, utility relocation., and construction of water control structures, the bypass channel and an urban lake feature. It is anticipated that the Trinity River Vision project will create numerous waterfront redevelopment zones, bringing higher density residential, office and retail uses to the Central City, and providing a vibrant reuse of an area that is now largely underdeveloped with many vacant buildings or obsolete industrial uses. The approval of the attached Participation Agreement will enable the County to participate in funding of the Trinity River Vision TIF projects through the deposit to the TIF fund of 80% of the County's incremental property tax revenues generated annually from development and increased values in the TIF Zone beginning with the 2004 tax year. The term of the TIF is 20 years. As per the Agreement, the County has three representatives appointed to the TIF #9 Board of Directors. SUBMITTED BY: Administrator's Office PREPARED BY: Lisa McMillan APPROVED BY: ,•�c°UNr; .. COMMISSIONERS COURT 4 COMMUNICATION • *• • ' REFERENCE NUMBER: DATE: 2/27/2007 PAGE 2 OF 76 FISCAL IMPACT: The TIF District is expected to fund approximately $115,900,000 toward public project improvements that make up the total $435 million Trinity River Vision -Central City project. As previously noted, that balance of funding for the project will come from federal and other local funds. The County will pay into the TIF Increment Fund 80% of the incremental value generated within the District through December 31, 2024 or until those project costs outlined in the Project Plan have been paid, whichever occurs first. Taxing entities who plan to participate in funding of the TIF District include the City of Fort Worth, Tarrant County, the Tarrant County Hospital District, Tarrant County College and the Tarrant Regional Water District. The County will continue to receive the tax revenues from the base value of the real property within the reinvestment zone, as well as 20% of all new tax revenues generated from the increased values in the TIF District. Additionally, personal property value located within the TIF District is not part of the TIF funding. } RESOLUTION PARTICIPATION IN CITY OF FORT WORTH TAX INCREMENT FINANCING REINVESTMENT ZONE #9 - THE TRINITY RIVER VISION TIF WHEREAS, the general laws of the State of Texas authorize governmental taxing entities to join other taxing jurisdictions in the establishment of a reinvestment zone under the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code (the "Act"), to provide incentive for the development and redevelopment of properties that might not be undertaken without such incentive; and WHEREAS, the Fort Worth City Council approved Ordinance No. 15797, dated December 16, 2003, establishing Tax Increment Financing Reinvestment Zone Number Nine (the "Zone"), City of Fort Worth, Texas, as amended by Ordinance No. 16005 on June 15, 2004 and Ordinance No. 16808-2-2006 on February 7, 2006, in accordance with the Tax Increment Financing Act, to provide for the creation of a bypass channel for the Trinity River to reduce central city flooding threats and to promote subsequent redevelopment of property in the Zone through the use of tax increment financing; and WHEREAS, in accordance with the requirements of the Act, the Fort Worth City Council has given all applicable notices to the Tarrant County Commissioners Court as to the City Council's establishment of the tax increment reinvestment zone and, through its appointed representatives, has made a formal presentation to the Tarrant County Commissioners Court regarding the reinvestment zone; and WHEREAS, the County has three (3) representatives to the Fort Worth Tax Increment Financing Reinvestment Zone #9 Board of Directors, one as established by statute and two that are named by the County and appointed by the City Council, and said representatives have participated in the development of the Project Plan and Financing Plan for the Zone; and WHEREAS, the City of Fort Worth City Council has adopted the Project Plan and Financing Plan as submitted by the Reinvestment Zone Board of Directors; and WHEREAS, the Tarrant County Commissioners Court recognizes that Tarrant County's participation in the creation of the tax increment reinvestment zone will have the desired effect of developing the area to the benefit of all taxing units which levy taxes in the proposed reinvestment zone. NOW, THEREFORE, BE IT RESOLVED: That the Tarrant County Commissioners Court hereby approves participation in the Fort Worth Tax Increment Financing Reinvestment Zone #9 and the payment into the tax increment fund of a specific portion, as set forth in the Agreement, of its collected incremental tax revenue produced by applying the County's tax rate to the incremental increase in the value of property located in the reinvestment zone, effective January 1, 2004 through December 31, 2024 or until the date that on which the project costs as set forth in the Project Plan have been paid, whichever occurs first, in accordance with the terms of the attached Agreement; that the Agreement be and is hereby approved; that the County and its Commissioners Court hereby agree to enter into the Agreement as a party thereto; and the County Judge of the County or his designee be and is hereby authorized and directed to execute said Agreement on behalf of the County and its Commissioners Court substantially in the form attached hereto and carry out the terms thereof at the appropriate time(s). PASSED AND APPROVED, IN OPEN COURT, this 27th day of February, 2007. —C�� - - -1 B. Glen Whitley, County Ju e Roy C. brooks Commissioner, Precinct 1 teary Fic es Commissioner, Precinct 3 TEST: ounty Clerk Maui VanRavenstaay Commissioner, Precinct �1J, Al. If J.D. Johnson Commissioner, Precinct 4 APPR VV S T Ass`t. D ct Attorney