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HomeMy WebLinkAboutContract 21825-A3 d City Secretary Contract No: CITY 3ECRAT* _ AMENDMENT NO. 3 TO CONTRACT No. CITY OF FORT WORTH AND TARRANT COUNTY,TEXAS AGREEMENT TO PARTICIPATE IN TAX INCREMENT REINVESTMENT ZONE NUMBER THREE, CITY OF FORT WORTH, TEXAS (DOWNTOWN TIF) This AMENDMENT NO. 3 TO CITY OF FORT WORTH AND TARRANT COUNTY, TEXAS AGREEMENT TO PARTICIPATE IN TAX INCREMENT REINVESTMENT ZONE NUMBER THREE, CITY OF FORT WORTH, TEXAS ("Amendment") is entered into by and between the CITY OF FORT WORTH, TEXAS (the "City") and TARRANT COUNTY, TEXAS ("Taxing Unit"). The City and Taxing Unit hereby agree that the following statements are true and correct and constitute a basis upon which the City and Taxing Unit have entered into this Amendment: A. On December 19, 1995, the City Council of the City ("City Council") adopted City Ordinance No. 12324 designating certain real property in the downtown area of the City as Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas (the "Original TIF"). Ordinance No. 12324 is attached hereto as Exhibit "A-3". The TIF District is informally known as the "Downtown TIF." B. On or about May 6, 1996, the City and Taxing Unit entered into an agreement under which Taxing Unit agreed to deposit one hundred percent (100%) of Taxing Unit's Tax rrT Increment into the TIF District's Tax Increment Fund ("Participation Agreement"), as m specifically provided in that Participation Agreement. The Participation Agreement is a public < document on file in the City Secretary's Office as City Secretary Contract No. 21825. M a C= C. On September 26, 2006, the City Council of the City adopted Ordinance No. 17209-09-2006 (the "Ordinance") changing the boundaries of Tax Increment Reinvestment 00 Zone Number Three(which includes the Original TIF and the amended boundaries as set forth in Ordinance Nos. 14795, 14839, 15317, 15442 and 16243) and providing for the amended TIF Zone (the"Amended TIF"), said Ordinance attached hereto as Exhibit "B-3". D. The Participation Agreement incorporates the TIF District's project plan for development and/or redevelopment, as adopted by the TIF's Board of Directors (the "Board") 0 on September 17, 1998 and approved by the City Council on October 6, 1998 pursuant to n Ordinance No. 13603, as amended by the TIF's Board of Directors on February 17, 2003 and rn approved by the City Council on February 25, 2003 pursuant to Ordinance No. 15464, and as Mamended by the TIF's Board of Directors on March 22, 2012 and approved by the City Council L- on April 17, 2012 pursuant to Ordinance No. 20169-04-2012, respectively(the"Plan"). c z ® E. Exhibit C, Section II.B. of the Participation Agreement, as amended by Amendment 2 to the Participation Agreement, specifies that the maximum amount "project 0 Amendment No. 3 to Tarrant County Participation Agreement QFF'CIAL RECORD Downtown TIF Page 1 CITY SECRETARY FT.WORT",TX i costs" (as defined in Section 311.002 of the Tax Increment Financing Act) that may be paid through Tax Increment deposits directly and/or through development agreements or other obligations of the City secured by Tax Increment deposits is $72,000,000.00. F. On September 16, 2013, the Plan was amended by the Board, as approved by the City Council on September 24, 2013, pursuant to Ordinance No. 20975-09-2013. The Project Plan, as so amended, is referred to hereinafter as the"Amended Project Plan." G. The governing body of Taxing Unit has approved the Amended Project Plan. Accordingly, the City and the governing body of Taxing Unit wish to amend the Participation Agreement to incorporate the Amended Project Plan. NOW, THEREFORE, for and in consideration of the conditions set forth herein, the sufficiency of which is hereby acknowledged, the City and Taxing Unit do hereby contract, covenant and agree as follows: 1. Article I (Definitions) of the Participation Agreement is hereby amended to provide a new definition for the term "Project Plan and Reinvestment Zone Financing Plan," and incorporate the Amended and Restated Project and Financing Plan as approved by the City Council on September 24, 2013 as follows: "Project Plan and Reinvestment Zone Financinp- Plan" shall mean the project plan and financing plan for the development and/or redevelopment of the TIF District, which has been adopted by the TIF Board and approved by the City Council of the City, which is attached hereto as Exhibit "C-3". Exhibit C-3 is hereby made part of this Amendment and the Agreement for all purposes. 2. Exhibit C, Section I. (Taxing Units' Tax Increment Percentages) of the Participation Agreement is hereby amended, as follows: Pursuant to a Resolution, duly adopted by its governing body, a copy of which is attached hereto as Exhibit "D-3," the Taxing Unit agrees to participate in funding of the TIF District and annually, beginning with the 2013 tax year, shall deposit into the Tax Increment Fund forty percent (40%) of its Tax Increment, as set forth in Section I, not to exceed the Deposit Limitation nor the Project Cost Limitation, as set forth in Exhibit C, Section II, or until the Term of this Agreement is reached, except the following: a. Any funds which were levied by Taxing Unit but were not collected; b. Any funds equal to tax refunds repaid by Taxing Unit to taxpayers owning real property in the TIF District; Amendment No. 3 to Tarrant County Participation Agreement Downtown TIF Page 2 c. Any funds which represent penalty, interest, or attorney's fees on any delinquent tax payments made to the Taxing Unit by taxpayers owning real property in the TIF District; d. Any taxes uncollected by the Taxing Unit due to agricultural or other ad valorem tax exemptions. Exhibit D-3 is hereby made part of this Amendment and the Agreement for all purposes. 3. Exhibit C, Section II.B. (Project Cost Limitation) of the Participation Agreement is hereby amended, as follows: The maximum amount of"project costs" (as defined in Section 311.002 of the Act) that may be paid through Tax Increment deposits directly and/or through development agreements or other obligations of the City secured by Tax Increment deposits is $100,000,000.00. 4. All other provisions and conditions of the Participation Agreement shall remain in full force and effect. 5. Capitalized terms used but not identified in this Amendment shall have the same meanings assigned to them in the Participation Agreement. 6. This Amendment contains the final written expression of the City and Taxing Unit with respect to the subject matter hereof. This Amendment may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument. Amendment No. 3 to Tarrant County Participation Agreement Downtown TIF Page 3 EXECUTED as of the later date below: CITY OF FORT WORTH,TEXAS: TARRANT COUNTY, TEXAS: By: r«`. By: Fernando Costa ( . 46. Glen itley Assistant City Manager County Judge Date: CXX01-14 Date: / ATTEST: F OR TTEST: o° t �o By: a Mary J serV o °8�'�' Name: City S cretary °� Deputy County Clerk ,��CA ° � APPROVED AS TO FORM/LEGALITY: APPROVED AS AT;0 ;R M* By: By: Maleshia Farmer Ray Rik Senior Assistant City Attorney Assistan istrict Attorney M&C: G-18025 Court Order No. l( ? ;L(j Approved: September 24, 2013 *By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. OFFICIAL:RECORDAmendment No.3 to Tarrant County Participation Agreement CITY SECARYDowntown TIF FT.WOR TX Page 4 EXHIBIT A-3 r ~j ORDINANCE N0. � AN ORDINANCE DBSIGNATIHG A CSRTAZN AREA AS TAX ZNCRSIKBNT REINVESTMENT ZONE NMMER TMM r CITY OF FORT WORTH, TSSAS, ESTABLISHING A BOARD OF Dx ECTORS FOR SDCH VESTMENT ZONE, AND OTSBR MATTERS REL TED THERETO. WHEREAS, the City Council of the City of Fort Worth, Texas - (the "City') was preseated a petition submitted by the owners constituting at least fifty percent (50%) of the appraised value of the property hereinafter described requesting that said property be designated as a "reinvestment zone,' as authorized by the Tau Increment Financing Act, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated- (the "Act") ; and WHEREAS, the City Council of the City desires to promote the development and/or redevelopment of the property described in such petition and within the City's jurisdiction, by the creation of a reinvestment zone as authorized by the Act; and WHEREAS, in compliance with the Act, the City called a public hearing to hear public comments on the creation of the proposed reinvestment zone and its benefits to the City and to the property in the proposed reinvestment zone; and WHEREAS, in compliance with the Act, notice of such public hearing was published in the. Fort Worth Star-Telegram, a daily paper of general circulation In the City, _ such publication date being December 11, 1995, a date not later than seven (7) days prior to the date of the public hearing; and WHEREAS, notice of such public hearing, in required form and substance, was provided in writing to the governing body of each taxing unit that levies real property taxes in the proposed reinvestment zone, and each such taxing unit has adopted a r Ik ' .1 f- "All resolution wherein they have agreed, pursuant to Section 311.003(e) of the Act, to waive the requireareut for sixty days notice prior to such public -hearing; and WHERBLS, in compliance with the Act, the City made a formal presentation, in required substance and form, to the governing body of each county or school district that levies real property taxes in the proposed reinvestment zone; and WHEREAS, in compliance with the Act, the City prepared a preliminary reinvestment zone financing plan and sent a copy of the plan to the governing body of each taxing unit that levies taxes on real property in the proposed reinvestment zone; and WHEREAS, the public hearing was convened at the tAme and place mentioned in the published notice, to wit, on the 19th day of { December, 1995, at 10:00 a.m. , at the Council Chambers in the City Sall of the City of Fort Worth, Texas, which hearing was then closed; and f WHEREAS, the City, at such hearing, invited all owners of property located within the proposed reinvestment zone, representatives of all other taxing units, and any other interested persons and/or their attorneys to appear and contend for or against .(1) the creation of the reinvestment zone, (2) the boundaries of the proposed reinvestment zone as described in the boundary description and depicted in the map, both of which together are attached hereto as Exhibit "A", (3) the concept of tax increment financing, and (4) the appointment of a board of directors for the proposed reinvestment zone; and WHSRM' the proponents of the reinvestment zone offered evidence, both oral and documentary, in favor of all of the 2 foregoing matters relating to the creation of the reinvestment zone, and opponents, if any, of the reinvestment zone appeared to contest matters relating to the creation of the reinvestment zone; NOW IFORE, BE M ORDAINED Br THE CITr COQNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1: That the facts and recitations contained in the , preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2's That the City Council, after conducting such hearing. and having heard such evidence and testimony, Ias made the following findings and determinations based on the evidence and testimony presented to it: (a) That the public hearing on adoption of the reinvestment zone has been properly called, held, and conducted and that notice of such hearing has been published as required by law. (b) That all taxing units levying real property taxes within the reinvestment zone received notice of the City's intention to create the reinvestment zone and of the public hearing and that all such taxing units, pursuant to Section 311.003(e) of the Act, have agreed by resolution to waive the requirement for sixty days notice prior to such public •hearing. (c) That all taxing units levying real property taxes within the reinvestment zone received a preliminary reinvestment zone financing plan from the City. (d) That the City timely made formal' presentations to all counties and school districts that levy real property 3 takes within the reinvestment zone as required by the * Act, and that each taxing unit which levies real property taxes within the reinvestment zone was notified of each such presentation. (e) That creation of the proposed reinvestment zone and improvements made therein will significantly enhance the value of all the taxable real property in the reinvestment zone and will be of general benefit for the City. _ (f) That the reinvestment zone, as described in Exhibit "A•, hereof, meets the criteria for the creation of a reinvestment zone as set forth in the Act, including Section 311.005 thereof, in that: �. (1) It is a contiguous geographic area located wholly within the corporate limits of the City; and (2) The boundaries of the 'reinvestment zone contain the same area as the area described in a petition submitted to the City Council by the owners of property constituting at least fifty percent (50%) of the appraised value of the property in the area according to the most recent certified appraisal roll for Tarrant County, Texas. (g) That the total appraised value of all taxable real property in the reinvestment zone according to the most recent appraisal roll of the City, together with the total appraised value of taxable real property in all other existing reinvestment zones within the City, according to the most recent appraisal roll of the City, 4 does not exceed fifteen percent (15%) of the current total appre.Lood value of taxable real property iu the City and in the industrial districts created-by the City, if any. (h) That the reinvestment zone does not contain more than fifteen percent (15%) of the total appraised value of real property taxable by Tarrant County or any school district. (i) That the development or redevelopment of the property in the reinvestment zone will not occur solely through private investment in the reasonably foreseeable future. SECTION 3: That the City hereby creates a reinvestment zone containing the area described in. the boundary description and as. �. depicted in the map, both of which are together attached hereto as Exhibit "A", and such reinvestment zone shall hereafter be identified as Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas (the "Zone" or "Reinvestment Zone") . fiBCTION 4: That there is hereby established a board of directors for the Zone which shall consist of nine (9) members. The board of directors of the Reinvestment Zone shall be appointed and shall serve as follows: (a) Each of the Fort Worth Independent School District, Tarrant County Junior College District and Tarrant County may appoint one member of the board if such school district or county has approved the payment of all or part of the tax increment produced by the unit. The member of the state senate in whose district the Zone is located (currently Mike Moncrief) is a member of the 5 i' board (the •State Senate Member") , and the member of the state house of representatives in whose district the Zone is located (currently Doyle Willis) is a member of the board, except that either may designate another individual to serve in the member's place at the pleasure of the member. If the Zone is or shall become located in more than one senate or house district then the foregoing shall apply only to the senator or representative in whose district a larger portion of the Zone is located. The iema n3 ng members of the board shall be appointed by the City Council. , A vacancy on the board shall be filled as set forth in the Act. If a taxing unit waives its right to appoint a member of the board, the City may t then appoint such board member. The initial board of directors shall be appointed by resolution of the governing bodies of the City and the taxing units as provided herein within sixty (60) days of the passage of this ordinance or ,within a reasonable time thereafter. All members appointed to the board shall meet eligibility requirements as set forth in the Act. (b) The board members shall serve two year terms; provided, however, such terms shall be staggered as provided herein. The initial directors appointed by the City and the State Senate Member or the designee thereof shall serve initial terms commencing on the date of appointment and expiring on December 31, 1997, and all other directors shall serve initial terms commencing on the date of appointment and expiring on December 31, 1996. 6 Each year on or before December 31 the City Council shall designate a member of the board to serve as chairman of the board of directors for the next succeeding calendar year, and the board shall elect from its members a vice chairman and other.officers as it deems appropriate. The term of the chairman shall begin on January 1 of the year immediately following the year the City Council so designates the Chairman. (c) The board of directors shall make recommendations to the City Council concerning the admLnistration of the Zone. It shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone and must submit such plans to the City Council for its approval. The board of directors shall possess all powers necessary to prepare, implement and monitor such project plan for the Zone as the City Council considers advisable. The board of directors shall prepare an annual report on the status of the Zone and shall submit such report to the City as required in the Act. (d) The board of directors shall adopt goals for the participation of disadvantaged business enterprises with respect to the purchase of supplies, materials, services and equipment in accordance with and subject to the provisions of the Act. SECTIgI 5: That the Zone shall take effect on January 1, I996, and that the termination of the Zone shall occur on December 31, 2025, or at an earlier time designated by subsequent ordinance of the City Council in the event the City determines that the Zone 7 should be t due to insufficient private investment, accelerated private investment or other good cause, or at such time as all project costs and tax increment obligations, if any, and the interest thereon, have been paid in full. SECTION 6: That the Tax Increment Base for the Zone, which is the total appraised value of all taxable real property located in the Zone, is to be determined as of January 1, 1995, the year in which the Zone was designated a reinvestment zone. SECTION 7: That there is hereby created and established .a Tax Increment Fund for the Zone which may be divided into such accounts and subaccounts as may be authorized by subsequent resolution or ordinance, into which all Tax Increments, less any of the amounts not required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited. The Tax Increment Fund and any accounts and subaccounts are to 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 the sale of any obligations hereafter issued by the City secured in whole or in part from the Tax Increments, revenues from the sale of any property acquired as part of the tax increment financing plan, and other revenues to be dedicated to and used in the Zone shall be deposited into such fund, account or subaccount from which money will be disbursed to pay project costs for the Zone or to satisfy the claims of holders of such obligations issued for the Zone. SECTION 8: That the Zone is designated under Section 311.005(a) (5) of the Act. 8 SBA 9: That the City Manager and City Attorney are hereby authorized to execute and deliver for and on behalf of the.City tax increment agreements with the Fort Worth Independent School District, Tarrant County, Tarrant County Hospital District, Tarrant County Junior College District and Tarrant County Water Control and Improvement District N:mber One pursuant to 'the provisions of Sections 311.008 and 311.013(g) of the Act. SECTION I0: That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SEMON 11: That this Ordinance shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Fort Worth and it is accordingly so ordained. ay Gralger Mayo 9 ATTEST: ddu Alice Church City Secretary [SEAL] APPROVED AS TO FORM ygcnr.IM By: Wade Adkins City Attorney' �- Adopted:. Bf f ectiVe: 10 EXHIBIT B-3 ORDINANCE NO. 17209-09-2006 AN ORDINANCE ENLARGING THE BOUNDARIES OF TAX INCREMENT REINVESTMENT ZONE NUMBER THREE, CITY OF FORT WORTH, TEXAS; AND CONTAINING OTHER MATTERS RELATED TO THE ZONE. WHEREAS, pursuant to Ordinance No. 12324, adopted by the City Council of the City of Fort Worth, Texas (the "City") on December 19, 1995, the City created Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas, as previously enlarged pursuant to Ordinance No. 14795, adopted by the City Council on October 2, 2001, and Ordinance No. 14839, adopted on October 30, 2001, and as previously reduced by Ordinance No. 15317, adopted on November 5, 2002, and Ordinance No. 15442, adopted on February 18, 2003 (the "Zone");and WHEREAS, Section 311.007(b) of the Texas Tax Code (the"Code"), subject to certain provisions of Section 311.006 of the Code, allows the City Council to enlarge the boundaries of an existing reinvestment zone to include an area described in a petition requesting that the area be included in the reinvestment zone if the petition is submitted to the City Council by the owners of property constituting at least fifty percent(50%)of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is located; and WHEREAS, on September 26, 2006 the City Council was presented with a petition, dated August 18, 2006, to enlarge the Zone by adding the real property specifically described in Exhibit "A" of this Ordinance (the "Property"), which petition was signed by the owner of the Property in its entirety; and Page 1 Ordinance Enlarging Tax increment Reinvestment Zone Number Three, City of Fort Worth,Texas WHEREAS, Section 311.006 of the Code allows a municipality to enlarge the boundaries of an existing reinvestment zone pursuant to Section 311.007(b) of the Code so long as(i)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 created by the municipality, and (ii) 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 September 26, 2006 the City Council held a public hearing regarding the enlargement 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 addition of the Property into the Zone;and WHEREAS, notice of the public hearing was published in a newspaper of general circulation in the City on September 18, 2006, a date not later than seven (7) days prior to the date of the public 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 add the Property into the Zone and of the public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: Page 2 Ordinance Enlarging Tax Increment Reinvestment Zone Number Three, City of Fort Worth,Texas Section 1. FINDINGS. That after reviewing all information before it regarding the enlargement of the Zone and after conducting a public hearing regarding the enlargement 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 enlargement of 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. 1.2. The Property is generally underdeveloped and blighted and substantially impairs the sound growth of the City because of the presence of (i) the faulty usefulness of lots within the area and(ii)unsanitary and unsafe conditions. 1.3. The Property lies within. Tax Abatement Reinvestment Zone No. 49, City of Fort Worth, Texas. The Property was originally designated as part of Tax Increment Reinvestment Zone Number Nine, City of Fort Worth, Texas (the Trinity River Vision TIF) and is part of a larger parcel, the remainder of which is located within Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas (the Downtown TIF). Pursuant to Ordinance No. 16808-2-2006, adopted on February 7, 2006, the Property was removed from the Trinity River Vision TIF so that all portions of the parcel in question could be located within one tax increment reinvestment zone, the Downtown TIF. But for designation as a reinvestment zone, development of the Property would not occur solely through private investment in the reasonably foreseeable future. Page 3 Ordinance Enlarging Tax Increment Reinvestment Zone Number Three, City of Fort Worth,Texas 1.4. Improvements in the Zone, including the Property, as specifically outlined in the project plan adopted by the Zone's board of directors, will significantly enhance the value of all the taxable real property in the Zone, including the Property, and Will be of general benefit to the City 1.5. With the addition of the Property, the Zone will not contain more than fifteen percent (I5%) 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 addition of the Property, the Zone will not contain more than fifteen percent (15%) of the total appraised value of real property taxable by any county or school district. Section Z. DESIGNATION OF PROPERTY FOR INCLUSION IN ZONE. That the City Council hereby enlarges the boundaries of the Zone by adding the Property, specifically described in Exhibit "A", which is attached hereto and hereby made a part of this Ordinance for all purposes. The Zone, as enlarged, has been designated under Section 311.005(a)(5)of the Code and will continue to be known as "Tax Increment Reinvestment Zone Number Three,City of Fort Worth,Texas." Section 3. ZONE BOARD OF DIRECTORS. That the board of directors for the Zone will remain unchanged and shall continue to conform to the requirements of Section 311.009 of the Code. Page 4 Ordinance Enlarging Tax Increment Reinvestment Zone Number Three, City of Fort Worth,Texas Section 4. TERM OF ZONE. That the addition of the Property into Zone shall take effect upon the adoption of this Ordinance. The Zone, as enlarged, shall terminate in accordance with Section 5 of Ordinance No. 12324. Section 5. DETERMINATION OF TAX INCREMENT BASE. That the tax increment base, as defined by Section 311.012(c) of the Code, for the Property added to the Zone shall be the total appraised value of the Property taxable by a taxing unit for the year 2006, which is the year in which the Property was added to the Zone. The tax increment base for the property located within the boundaries of the Zone prior to the adoption of this Ordinance shall remain unchanged. Section 6. TAX INCREMENT FUND. That the Tax Increment Fund created and established for the Zone pursuant to Section 7 of Ordinance No. 12324 (the"TIF Fund") shall include the percentage of any tax increment(as defined by Section 311.012(a) of the Code) produced by the Property that(i) the City dedicates to the TIF Fund and (ii) each taxing unit which levies real property taxes on the Property elects to dedicate to the TIF Fund under a participation agreement with the City, as authorized by Section 311.013(f)of the Code. Page 5 Ordinance Enlarging Tax Increment Reinvestment Zone Number Twee, City of Fort Worth,Texas Section 7. TAX INCREMENT AGREEMENTS. That, pursuant to Sections 311.008 and 311.013 of the Code, the City Manager and City Attorney are hereby authorized to execute and deliver, for and on behalf of the City, tax increment agreements relating to the Property with taxing units that levy real property taxes on the Property. 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. EFFECTIVENESS. That this Ordinance shall take effect and be in full force and effect from and after its adoption. AND IT IS SO ORDAINED. Page 6 Ordinance Enlarging Tax Increment Reinvestment Zone Number Three, City of Fort Worth,Texas ADOPTED AND EFFECTIVE: September 26.2006 APPROVED AS TO FORM AND LEGALITY: By: Peter Vaky Assistant City Attorney Date: September 26,2006 M&C: 25' Page 7 Ordinance Enlarging Tax Increment Reinvestment Zone Number Three, City of Fort Worth,Texas EXHIBIT"A" LEGAL DESCRIPTION AND MAP OF THE PROPERTY BEING ADDED TO THE ZONE 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 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 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 1813 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 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. } of 13N W,Railroad 3 u%Apro",lime of • 1 :.z T.ni lam# llltersactlon of the North 1� '11116 I�, @lEih�tt1F� U-Sast ROW of 50xnuclsAi e ,,max SoutholROW link of Beach at ..� ;; 'Aa • ''� 11lteLiCGIlOIk41"t11e1raSl (� ' Bloek 114,Lai 9A •' I��ROW lint :� ,-°�-<;� South 1'mpa�rtys r,' of°Ctraamit>g::. Brock l.;C dt 4 North i ts:line oCd ors isamai 4Acsftt:s f uttmiinp Additica _ _ EXHIBIT C-3 Tax Increment Reinvestment Zone Number Three City of Fort Worth, Texas (Downtown TIF) Amended Project and Financing Plans September 16, 2013 I. Background and Introduction Tax increment financing (TIF) is an economic development tool authorized by Chapter 311 of the Texas Tax Code by which local governments can publicly finance needed structural and infrastructure improvements in order to promote new development or redevelopment within a defined area called a reinvestment zone. TIF districts may be established by municipalities or counties as long as an area meets certain conditions, as set forth in Exhibit "A." A TIF district allows for the tax increment generated from appreciating property values within the area to be dedicated to public improvements within the same area. At the time an area is designated as a reinvestment zone, the existing total taxable value of real property in the zone is identified and designated as the "base value". As the total assessed value of property within a TIF district increases over time, an increase in the taxes collected from the additional value is captured and placed into a special fund, which is used to finance public improvements; only taxes collected from the increased taxable value within the TIF district are placed into the special fund. All other taxes collected from the base value continue to flow to the local taxing entities within the district. The difference between total property value and base value is the property value increment. Taxes collected on that difference in value is the "tax increment." Participating taxing entities may deposit all, a predetermined portion, or none of the incremental taxes in a designated TIF district fund for the purpose of financing the planning, design, construction, or acquisition of public improvements within the TIF district. All taxing units that levy taxes within the zone will continue to receive tax revenues derived from the base value, whether or not the taxing jurisdiction chooses to participate in the TIF. TIF districts have a set term. The TIF district will end on the earlier of (1) the termination date included in the ordinance that established the zone; or (2) the date on which all project costs have been paid in full. Any revenues remaining in the TIF district fund after the dissolution of the TIF will be returned to each participating taxing unit in a pro rata fashion. Each TIF district is overseen by a Board of Directors composed of five to 15 members appointed by the local taxing jurisdictions. Since Tax Increment Reinvestment Zone Number Three (the Downtown TIF) was created due to a petition submitted to the City of Fort Worth by the owners of property constituting at least 50 percent of the appraised value of the property in the area, the TIF Board's composition is mandated by state law. The state representative and state senator representing the area may each make an appointment to the Board. Each participating taxing jurisdiction may appoint one member, and any remaining seats up to nine are filled by appointments made by the Fort Worth City Council. The TIF board of directors oversees improvements to the area and may choose to dedicate TIF district funds to reimburse developers for public improvements. At the time of publication, the City of Fort Worth has eleven active TIF districts: Speedway, Downtown, Southside, Riverfront, North Tarrant Parkway, Lancaster, Trinity River Vision, Lone Star, East Berry Renaissance, Woodhaven, and Trinity Lakes. Downtown TIF Amended Project and Financing Plan Page 1 of 7 II. Project Plan Boundary Description. Existing Uses, and Proposed Uses The Zone was created on December 15, 1995 by the Fort Worth City Council in order to attract investment and redevelopment of property in downtown Fort Worth. The area covers just over 400 acres and is generally bounded to the north by the Trinity River, east by the Burlington Northern Santa Fe Railroad (BNSF), south by Lancaster Avenue, Calhoun Street 7rh Street, Burnett Street, and 3rd Street, and west by Henderson Street and Weatherford Street. A map of the TIF district and a legal description of the property can be found in Exhibits "B" and "C," respectively. The Zone is composed of a variety of uses, including office space (public and private), residential (rental apartments and owner-occupied and tenant-occupied condominiums and townhomes), retail, educational, and religious. The Downtown has developed into the City's premier mixed-use district, where thousands of employees, residents, tourists and other visitors spend their time, energy and money. The TIF District is enhanced by proximity to several recently renovated public parks, including the Fort Worth Water Gardens, Burnett Park and General Worth Square. The TIF district also benefits from its inclusion in Fort Worth Public Improvement District Number One, a $2 million annual effort that provides maintenance, security, marketing and research services to Downtown. A map of the existing uses of the Zone can be found in Exhibit "D." Downtown is the oldest neighborhood in Fort Worth, encompassing the site of the original Army outpost and Pioneer's Rest Cemetery. The area sits atop the bluffs of the Trinity River and extends southward towards Lancaster Avenue. Although much of the topography is favorable to development, much of the underground infrastructure is outdated and undersized for modern development requirements. Public right-of-way improvements vary in quality and are particularly poor in part of the core and several outlying areas. Additionally, surface parking still occupies a large part of the area within the Zone. While development standards and design guidelines have improved the public spaces around newer developments, including parking facilities, many corridors and parking lots still have challenging streetscapes that detract from the pedestrian experience. Creation of the TIF district was a recommendation of the 1993 Downtown Strategic Action Plan, a document sponsored and adopted by Downtown Fort Worth, Inc., the City of Fort Worth, and the Fort Worth Transportation Authority. The plan resulted from a two-year process that involved substantial input and review from citizens, government officials, and Downtown stakeholders. The plan guides center city growth and development and helps ensure that Downtown reflects Fort Worth's unique culture, warmth, character and values. Community leaders realized that Downtown is critical to the overall economic health and image of greater Fort Worth. The Downtown Plan envisioned that a TIF district would be needed to finance several major Downtown projects including public parking and connecting systems, streetscape improvements, and historic preservation. The Plan recognized that these public infrastructure investments would be needed in order for Downtown to succeed in attracting private investment. The costs of the required infrastructure exceeded the City's normal funding amounts and the improvements were needed in advance of the City's normal funding cycle. While private financing was available for creation of the Tandy Outlet Mall, expansion of the Sundance Square retail area, and construction of the new Bass Downtown TIF Amended Project and Financing Plan Page 2 of 7 Performance Hall, infrastructure in the form of parking facilities, pedestrian connections, and subway system upgrades was seen as crucial to the success of these private investments. Over time, some of the original TIF projects were completed and others were made moot by changing development patterns and priorities in downtown. For example, the Tandy subway system was decommissioned when RadioShack Corporation moved its headquarters to a new location and sold the Tandy Center complex. The Fort Worth Transportation Authority with funding assistance from Public Improvement District Number One, implemented a trolley circulator that provides the north-south connecting system envisioned in the original TIF plan. The Santa Fe Freight House was leased in order to build a public market, but has since been repurposed as classrooms and offices of the UTA Fort Worth Center. Various streetscape and infrastructure improvements have been made through the TIF District, but this work is ongoing and infrastructure needs still exist throughout Downtown. The 2003 update of the Downtown Strategic Action Plan recognized the major investments that had taken place over the preceding decade, much of it owing to projects undertaken with TIF support. The Downtown TIF has been instrumental in historic preservation (the Ashton Hotel); streetscape improvements (Cassidy Corner, Pecan Place, Chase Bank, Trinity Bluff); creation of a public market, then a higher education center (Santa Fe Freight House—UTA Fort Worth Center); environmental remediation (The Tower); and garage leases for free public parking supporting Bass Hall, the Central Library and Downtown's retail establishments, restaurants, and arts and entertainment venues. The TIF Board of Directors appointed an Advisory Committee to receive a consulting study executed by the Leland Group in 2006 and make recommendations on updating the Downtown TIF Project and Financing Plan. The Advisory Committee's recommendations built on the TIF's successes and reflect the priorities contained in the 2003 Downtown Strategic Action Plan. The inclusion of affordable housing in the TIF Project Plan was recommended by the TIF Board and adopted by City Council in April 2012. This change resulted in the TIF's participation in the redevelopment of Hunter Plaza, a planned mixed-income project operated by the Fort Worth Housing Authority. Plan 2023, the new Downtown Strategic Action Plan, also contained recommendations relevant to the objectives of the Downtown TIF. Beyond ongoing infrastructure and transportation needs, the Plan also identifies needed park improvements, greater residential density and new primary and secondary schools that will result in greater vitality in Downtown. Purl2ose and Results of the Downtown TIF The Downtown TIF's successes thus far can be evaluated against the original TIF Project Plan's stated purposes. The goal of attracting investment and redevelopment that would not occur without TIF-financed infrastructure is exemplified by The Tower and numerous subsequent for-sale residential developments; revitalization of the Tandy Center, now City Place; the Chase Bank office building, parking garage and retail; the historic renovated Ashton Hotel; the UTA Fort Worth Center; and enhanced streetscape throughout the Trinity Bluff area of Downtown. Use of tax increment to fund required public infrastructure is represented by the 2,826 free evening and weekend parking spaces available to the general public, in addition to daytime, Downtown TIF Amended Project and Financing Plan Page 3 of 7 Bass Hall patron and Central Library patron parking; streetscape improvements in the Downtown core, Pecan Place and Trinity Bluff areas; utility relocation in Trinity Bluff; and environmental remediation at the Tower. The goal of generating new anchors for Downtown to create redevelopment momentum and tax base that survives the TIF is exemplified by the strong office and residential markets, and specifically by City Place, the Tower, Trinity Bluff, and the strengthened retail core. The TIF District has created net financial gain to local governments since the first years of its existence, and substantial financial gains after 2006. Each year since then, TIF District substantially exceeded its $5 million annual cap and has returned more than $47 million of tax increment to the participating local governments. Although cessation of the Fort Worth Independent School District's participation in the TIF reduced the overall tax increment by more than $4 million per year after 2013,the TIF is still expected to generate more than $8.5 million in tax increment in 2014 and beyond. To capture the "metropolitan visitor," more tourists and conventions, the TIF has been used to support free evening and weekend parking, making Downtown a regional destination. In addition, the clear success of Bass Hall and the Ashton Hotel were made possible in part by TIF participation. By 2010, the TIF had helped Downtown exceed the goal of having 1% of Fort Worth's residential inventory (3,172 of the city's total 295,283 housing units) and had created a quality urban environment capable of attracting a competitive share of corporate office, government office and other commercial developments. The impressive growth of restaurant and retail sales in Sundance Square, aided by TIF parking leases, is a testament to Downtown's vitality and its enhanced role in our city's quality of life. Proposed Zoning Changes The majority of the Zone is located within the City's Central Business District Zoning classification as depicted in Exhibit "E." Development within this area is subject to review by the City's Downtown Design Review Board. Future zoning changes are anticipated for property within the Zone currently zoned Medium Industrial. Over time, many of these properties are likely to be rezoned Central Business District as industrial uses are phased out and property owners realize the benefits of high-density mixed- use zoning. Relocation Method for Displaced Persons It is anticipated that no persons shall be displaced as a result of implementing these Project and Financing Plans. Downtown TIF Amended Project and Financing Plan Page 4 of 7 III. Financing Plan Project Descriptions, Estimated Project Costs. and Administration This amended and restated Downtown TIF project plan retains projects from the current plan and adds several new projects as described below. Tax increment deposits from local governments shall be subject to a $5 million annual cap and a lifetime cap of $100 million. 1. Historic preservation through facade leases in order to preserve and rehabilitate historic buildings and spur new development such as the Ashton Hotel* ($850,000) and the Jett and Land Title Buildings ($1,276,000); 2. Environmental remediation to remove asbestos and support new construction, such as the redevelopment of The Tower* into condominiums and office space ($2,887,520); 3. Utility relocation and removal for public infrastructure improvements at the site of the Marriott Hotel* ($206,864); 4. Streetscape improvements to create a pedestrian friendly environment, such as: a. Cassidy Corner' ($57,292) b. Chase Bank' ($285,242) c. Pecan Place' ($207,000) d. Trinity Bluff' ($1,255,792) e. Oliver's Grocery Store' ($97,486) f. Third Street', also includes wayfinding planning ($1 13,01 1) g. Hunter Plaza ($400,000 —proposed); 5. Santa Fe Freight House lease,operations, and improvements ($5,104,096); 6. Sundance Square streetscape, traffic improvements, and the construction of three new mixed-use buildings and a plaza ($9,724,000); 7. Parking garage leases to accommodate parking needs for downtown visitors during evenings and weekends, such as: a. Bass Hall ($6,858,896) b. City Center ($2,164,469) c. City Place ($1 1,058,387) d. Chase Bank ($9,148,798) e. Tarrant County Family Law Center ($3,712,425) f. The Tower ($9,685,925) g. Insurance of garages and marketing for free-parking options ($527,996) 8. Affordable housing incentives to encourage the development of quality, affordable, and accessible housing units, including the redevelopment of Hunter Plaza ($8,000,000); 9. Residential density and parking* incentives to generate significant new tax increment from high rise development in the downtown core ($9,000,000); 10.Infrastructure and transportation improvements* to address the critical infrastructure needs and ease transit accessibility on downtown corridors and sites such as Main Street, Commerce Street, Trinity Bluff, Heritage Plaza, and Paddock Park ($12,150,000); 11.Retail facade improvement matching grants* to help improve historic buildings' facades that would encourage a more appealing streetscape and shopping experience ($300,000); and 12.School for Science, Technology, Engineering, and Math (STEM)* to support the development of a public school to enhance downtown's educational offerings as well as residential appeal ($1,000,000); Downtown TIF Amended Project and Financing Plan Page 5 of 7 13.Signage* to support and direct vehicular and pedestrian traffic ($150,000); and 14.TIF District Administration for management and planning ($4,81 1,767). ° Denotes completed projects; * Denotes new projects The Zone is administered by Downtown Fort Worth, Inc., a 501(c) (6) nonprofit corporation, with assistance from the City of Fort Worth Housing and Economic Development Department. Development is guided by the objectives in the Downtown Fort Worth Strategic Action Plan as revised every 10 years and adopted by the Fort Worth City Council as part of the City's Comprehensive Plan. Economic Feasibility Statement, Projections, and Methods of Financing City staff has determined that the Project and Financing Plan is economically feasible per the tax increment financing projections included in Exhibit "F". It is anticipated the City of Fort Worth, Tarrant County, Tarrant County College District, Tarrant County Hospital District, and the Tarrant Regional Water District will continue to participate in the TIF district in order to have TIF funds available for TIF Project reimbursement. These financial projections also show the TIF Project Costs are reimbursable over the course of the term as the total increment generated exceeds the total TIF Project Costs. The TIF district Board of Directors will approve eligible TIF Project Costs on a case-by-case basis. Approved TIF Project Costs will be reimbursable to the developer upon completion, as set forth in each Development Agreement. Bond Indebtedness No bond indebtedness is expected to be incurred with respect to any of the project improvements. Estimated Timeframe TIF projects are expected to be completed during the lifetime of the Zone. It is not anticipated the Zone's term will be extended. Current Taxable Values The base value (1995) of property in the Zone is $217,893,395 (TIF 3) and $104,547,242 (TIF 3A) for a total base value of $322,440,637. The current value of property in the zone is $687,404,750 (TIF 3) and $209,877,987 (TIF 3A) for a total current value of $897,282,737. The Zone has grown by 178 percent since its creation in 1995. Term The term of the Zone began on January 1, 1995 and will expire on December 31, 2025, beginning with the tax increment calculated by the 1995 tax appraisal and ending with the tax increment calculated by the 2025 tax appraisal. Downtown TIF Amended Project and Financing Plan Page 6 of 7 IV. Exhibits [To Immediately Follow] A. Criteria for Reinvestment Zone B. Boundary Map C. Legal Description D. Map of Existing Uses E. Map of Current Zoning F. TIF District Financial Projections Downtown TIF Amended Project and Financing Plan Page 7 of 7 Exhibit "A" [Information on following page] Downtown TIF Amended Project and Financing Plan Exhibits Sec. 311.005. CRITERIA FOR REINVESTMENT ZONE. a) To be designated as a reinvestment zone, and area must: 1) Substantially arrest or impair the sound growth of the municipality or county designating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use because of the presence of: A) A substantial number of substandard, slum, deteriorated, or deteriorating structures; B) The predominance of defective or inadequate sidewalk or street layout; C) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; D) Unsanitary or unsafe conditions; E) The deterioration of site or other improvements; F) Tax or special assessment delinquency exceeding the fair value of the land; G) Defective or unusual conditions of title; H) Conditions that endanger life or property by fire or other cause; or 1) Structures, other than single-family residential structures, less than 10 percent of the square footage of which has been used for commercial, industrial, or residential purposes during the preceding 12 years, if the municipality has a population of 100,000 or more; 2) Be predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors substantially impair or arrest the sound growth of the municipality or county; 3) Be in a federally assisted new community located in the municipality or county or in an area immediately adjacent to a federally assisted new community; or 4) Be an area described in a petition requesting that the area be designated as a reinvestment zone, if the petition is submitted to the governing body of the municipality or county by the owners of property constituting at least 50 percent of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is located. a-1) Notwithstanding Subsection (a), if the proposed project plan for a potential zone includes the use of land in the zone in connection with the operation of an existing or proposed regional commuter or mass transit rail system, or for a structure or facility that is necessary, useful, or beneficial to such a regional rail system, the governing body of a municipality may designate an area as a reinvestment zone. In this Section, "federally assisted new community" means a federally assisted area that has received or will receive assistance in the form of loan guarantees under Title X of the National Housing Act, if a portion of the federally assisted area has received grants under Section 107(a)(1) of the Housing and Community Development Act of 1974. Downtown TIF Amended Project and Financing Plans Exhibit A - Page 1 of 1 Exhibit "B" [information on following page] Downtown TIF Amended Project and Financing Plan Exhibits • iL LN C ,. - `.. �. • i � 3 r : Q ^.. %1 1 " �"' � i A •� � _..,.wad IL fit• �'�" i' /j�/ ta��•' � • �. �,�,j,��l �-.�,_ v �Ir I' 'A1"40 i7Liu 1 � 1 1 . � 1 � • 1 :1 Exhibit "C" [Information on following page] Downtown TIF Amended Project and Financing Plan Exhibits Legal Description, Part 1 Beginning at a point of the intersection of a projection of the south ROW line of V Street and the west ROW line of Henderson Street, thence Northwesterly along the west ROW line of Henderson Street to a point where said line intersects with the south ROW line of Weatherford Street, thence Southwesterly along the south ROW line of Weatherford Street and what would be a projection of the said south line to a point where the projection of said line intersects with the west ROW line of Penn Street, thence Northwesterly along the west ROW line of Penn Street which transitions to the south ROW line of Forest Park Boulevard (where Forest Park Boulevard curves into Weatherford Street and Belknap Street), thence Following the same Forest Park Boulevard ROW line as it curves to westerly, then to southwesterly to a point where said line intersects with the north ROW line of 5'h Street, thence Due west along a due west projection of the north ROW line of 51h Street to a point where this due west line intersects with the centerline of the Clear Fork of the Trinity River, thence Following the centerline of the Clear Fork of the Trinity River northeasterly to a point of intersection with centerline of the west ROW line of Henderson Street, thence Southeasterly along the west ROW line of Henderson Street to a point where said line intersects with the south ROW line of Belknap Street, thence Northeasterly along the south ROW line of Belknap Street to a point where said line intersects with the east ROW line of Cherry Street, thence Southeasterly along the east ROW line of Cherry Street to a point where said line intersects with the south ROW line of Weatherford Street, thence Northeasterly along the south ROW line of Weatherford Street to a point where said line intersects with the east ROW line of Taylor Street, thence Southeasterly along the east ROW of Taylor Street to a point where said line intersects with the north ROW line of 3rd Street, thence Northeasterly along the north ROW line of 3rd Street to a point where said line intersects with the west ROW line of Throckmorton Street, thence Northwesterly along the west ROW line of Throckmorton Street to a point where said line intersects with the south ROW line of Belknap Street, thence Northeasterly along the south ROW line of Belknap Street to a point where said line intersects with the west ROW line of Houston Street, thence Downtown TIF Amended Project and Financing Plan Exhibit C- Page 1 of 5 Southeasterly along the west ROW line of Houston Street to a point where said line intersects with the south ROW line of Weatherford Street, thence Northeasterly along the south ROW line of Weatherford Street to a point where said line intersects with the west ROW line of Commerce Street,thence Northwesterly along the west ROW line of Commerce Street to a point where said line intersects with the north ROW line of Belknap Street, thence Southwesterly along the north ROW line of Belknap Street to a point where said line intersects with the west ROW line of Houston Street, thence Northwesterly along the west ROW line of Houston Street to a point where said line intersects with the south ROW line of Franklin Street, thence Westerly along the south ROW line of Franklin Street to a point where said line intersects with the east ROW line of Taylor Street, thence Northwesterly along the east ROW line of Taylor Street to a point where said line intersects with the centerline of the West Fork of the Trinity River at the projection of the east ROW line of Taylor St., thence Southeasterly, then easterly, and then northeasterly along the centerline of the West Fork of the Trinity River to a point of intersection with the projection of the north ROW line of Cummings Street (Cummings Street turns westward as depicted on the TAD tax maps), thence Easterly along the said projection and north ROW line of Cummings Street to a point where said line turns southeasterly along the east ROW line of Cummings Street, thence Southeasterly along the east ROW line of Cummings Street to a point where said line intersects with what would be the projection of the north ROW line of Peach Street, thence Northeasterly along the north ROW line of Peach Street to a point where said line intersects with the east ROW line of the Burlington Northern Santa Fe Railroad, thence South-southeasterly along the east ROW line of the Burlington Northern Santa Fe Railroad to a point of intersects with the north ROW line of Lancaster Avenue, thence West along the north ROW line of Lancaster Avenue to a point where said line intersects with the east ROW line of Calhoun Street, thence Northwesterly along the east ROW line of Calhoun Street to a point where said line intersects with the north ROW line of 71h Street, thence Southwesterly along the north ROW line of 71h Street to a point where said line intersects with the west ROW line of Burnett Street, thence Northwesterly along the west ROW line of Burnett Street to a point where said line intersects with the south ROW line of 3'd Street,thence Downtown TIF Amended Project and Financing Plan Exhibit C- Page 2 of 5 Southwesterly along the south ROW line of 3rd Street to a point where said line intersects with the west ROW line of Henderson Street which is the point of beginning. Legal Description, Part 2 The boundaries of the Zone cut out the following land descriptions: Tarrant County College Acquisition Area Beginning at a point which is the intersection of the north ROW line of Weatherford Street and the east ROW line of Commerce Street in Downtown Fort Worth, Tarrant County Texas, thence Easterly along the north ROW line of Weatherford Street where said line intersects with the west ROW of Jones Street, thence Northerly along the west ROW line of Jones Street where said line intersects with the north ROW of Belknap Street, thence Easterly along the north ROW line of Belknap Street where said line intersects with the west ROW of Pecan Street, thence Northerly along the west ROW line of Pecan Street where said line intersects with the south ROW of Bluff Street, thence Easterly along the south ROW line of Bluff Street where said line intersects with the east Lot Line of Lot #1320-5-10, thence Northerly along the east Lot Line of Lot #1320-5-10 where said line intersects with the south lot line of Land 600 Block Lot #15A, thence Westerly along the south lot line of Land 600 Block Lot #15A where said line intersects with west lot line of Land 600 Addition Block Lot 15A, thence Northerly along the west lot line of Land 600 Addition Block Lot 15A where said line intersects with the center line of the Trinity River, thence Westerly along the center line of the Trinity River where said line intersects with the east ROW line of Main Street, thence Southerly along the east ROW line of Main Street where said line intersects with the north ROW line of Franklin Street, thence Easterly along the north ROW line of Franklin Street where said line intersects with the east ROW line of Commerce Street, thence Southerly along the east ROW line of Commerce Street where said line intersects with the north ROW line of Weatherford Street, which is the point of beginning. Downtown TIF Amended Project and Financing Plan Exhibit C-Page 3 of 5 Tandy Tech Center Beginning at a point which is the intersection of the south ROW line of Weatherford Street and the east ROW line of Cherry Street in Downtown Fort Worth, Tarrant County Texas, thence Southerly along the east ROW line of Cherry Street where said line intersects with the north ROW of I,' Street, thence Easterly along the north ROW line of 111 Street where said line intersects with the east ROW of Burnett Street, thence Southerly along the east ROW line of Burnett Street where said line intersects with the north ROW of 2^d Street, thence Easterly along the north ROW line of 2^d Street where said line intersects with the west ROW of Taylor Street, thence Northerly along the west ROW line Taylor Street where said line intersects with the south ROW of Weatherford Street, thence Westerly along the south ROW line of Weatherford Street where said line intersects with the east ROW of Cherry Street, which is the point of beginning. Transport Life Building (714 N. Main Street) The entirety of Lots 9, 10, 11, and 12 of Block 108 in Downtown Fort Worth, Tarrant County, Texas. Legal Description, Part 3 The boundaries of the Zone added the following land descriptions: Beginning at a point of the intersection of the east ROW line of Cummings Street and south ROW line of Peach Street, thence Easterly along the south ROW fine of Peach Street 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 with the north ROW line of Peach Street and the east ROW line of Samuels Avenue, thence Westerly from the east ROW line of Samuels Avenue 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 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 Downtown TIF Amended Project and Financing Plan Exhibit C- Page 4 of 5 Westerly along the north property line of Lot 18B 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 to a point where said line intersects the east ROW line of Cummings Avenue, thence Southerly along the east ROW line of Cummings Avenue to a point where said line intersects with south ROW line of Peach Street, which is the point of beginning. Downtown TIF Amended Project and Financing Plan Exhibit C- Page 5 of 5 Exhibit"D" [Information on following page] Downtown TIF Amended Project and Financing Plan Exhibits Current Land Use J� Single Family Condominiums - %'4` • •f Multifamily Duplex Residential (Vacant) Commercial (Vacant) Commercial Electric Companies h • sl t � • ! M. ,i a Wwl JJ iL 11 OP 16 ►� '"'•"�r}. 4 � i 1 `�/�` tit. —s+�'sS �„'" MOIL -,-- •r 7 � - ., j�.�e=sir� - •, 1 • 1 1 • 1 � 1 • 1 Exhibit "E" [Information on following page] Downtown TIF Amended Project and Financing Plan Exhibits Zoning . . o•, . ". Single Family � ���?• ,� ' �o ti Two Family High Density Multifamily ,� + Intensive Commercial Central Business` Medium Industrial l °2 t•a Planned Development "' f !,�� �.N� C.;� �• fit•' p �_ Trinity Uptown .# Q� �.' ��%��••` •, � -! tip• ;� - �-' '�''• Trinity Uptown -TCCD o b,. n p L CL rn Uj TH k ' Z 10TH •.E Z tC N �� : • {�• TE41, XAS 'F- 13TH LANCASTERCn i f ELPASO 3 --- IHr30-- � ICK DAGGETT .}, z Feet 0 385 770 1,540 2,310 3,080 Exhibit "F" [Information on following page] Downtown TIF Amended Project and Financing Plan Exhibits TIF INCREMENT PROJECTIONS Protected A....I Property Ta.G-h Rate 1.0% Ta..ble V.I.e To.Year -Ac6e6 Bate Yew 1 Yeor 2 Yew 3 Year 4 Year 5 Yeor 6 Year 7 Year 8 Year 9 Year I0 Yeor 1 I Year 12 Year 13 Year 14 Year 15 Year 16 TIF#3 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 City 297,834,061 304,077,343 319,218,799 306,901,157 329,129,474 356,762,872 346,695,075 366,857,961 352,215,453 353,133,569 368,460,116 686,199,375 680,349,123 768,979,334 730,865,428 670,286,387 678,658,869 Hmpltal Motto 298,806,225 305,049,507 320,190,965 307,873,320 331,958,839 358,296,715 348,408,388 369,795,473 355.422,045 355,962,457 398,370,621 617,102,339 611,419,571 704,671,542 667,633,813 597,082,929 611,823,280 College 310,889712 317,132,990 332,274,458 319,956,811 34A,365,077 370,702,953 361,051,173 381,801,641 358,346,429 355962,457 398,377,621 696,298,946 689,081,976 783,218,641 766,787,100 684,703,727 692,728,722 Water District 310,882,712 317,181759 332,267,467 319,949,806 344,365,077 370,702,953 348,381,768 369,572,633 358,339,429 355,962,457 398,370,621 696,291,946 689,074,976 783,218,641 766,787,100 684,700,227 692,725,222 C...ty 298,806,225 305,049,508 320,190,961 307,873,319 331,958,839 358,296,715 348,408,388 369,795,473 355,422,045 355,962,457 399,370,621 617,102,069 611A 19,571 704,671,542 667,557,069 597,082,929 611,837,811 School Distrid 298,806,980 305,050,262 320,191,718 307,874,076 331,904,919 358,257,795 361,051,173 381,801,641 355,144,785 355,689,067 398,280,721 695,157,081 687,835,347 702,020,838 765,515,515 683,451,227 691,468,922 Percent Change from Prior Yeor(City) 2.10% 4.98% -3.86% 7.24% 8.40% -2.82% 5.82% -3.99% 0.26% 4,34% 86.23% .0.85% 13.03% -4.96% -8.29% 1.25% Tif 9 3A Bose Gty 104,547,242 124,349,187 118,437,298 121,160,398 133,879,386 195,168,029 211,633,063 235,050,083 226,570751 199,416,182 207,152,432 HmpBal Distrid 104,547,242 124,349,187 118,437,298 121,160,399 134,014,306 195,170,029 211,634,063 235,320,083 227,555,774 200,567,446 208,363,786 College 1)3,601,388 124,349,187 127A91A44 130,214,544 143,584,947 208,768,498 230,334,063 249,152,375 240,555774 209,205,243 218,740,986 Water Dlm.id 113,601,388 124,349,187 127,491,444 130,214,544 143,584,947 208768,498 230,334,063 249,152,375 240,555774 209,205,243 218,740,986 County 104,547,242 124,349,187 118,437,298 121,160,398 134,014,386 195,170,029 211,634,063 235,320,083 227,555774 200,567,446 20B,363,786 Percent Chong,from Prix Year(City) 18.94% -4.75% 2.30% 10.50% 15.78% a.44% 11.06% -3.61% .1199% 3.88% TIF Revenges(PadicIpWioe Rates in 2014) City(601/,) - 59,311 196,740 81,377 276,964 515,159 393,338 699,359 1,047,007 1,078,504 1,556,125 1,916,984 1,942,637 1,949,127 1,948,102 1,936,405 1,933,021 Hmpnal Distnd(40%) - 14,61A 50,055 21,223 77,600 139,124 108,175 192,520 290,187 297,870 464,139 524,712 523,483 519,532 519,259 516,1A1 515,239 Co1lege(20%) - 3,604 12,337 9,648 35,621 63,590 A9,772 115,355 159,056 159,528 275,153 310,685 316,684 314,505 313,679 311727 336798 Water Dlodd(40%) - 1,249 4,239 1,797 6,637 11,953 9,356 16,554 22,823 22,893 39,482 44,581 45,442 45,594 45,570 45,296 45,217 C-ty(4(r%) - 16,534 56,634 24,013 87,800 163,324 126,991 225,739 335,926 344,819 416,379 605,188 605,512 601,836 601,517 597,908 596,863 Fod W odh ISO %) 99,840 311,148 134 646 507 434 974 770 757,933 1191 956 1,809,004 948,489 1,551,935 1,597,850 1,566,243 1,569,407 1,571,871 1,592,S23 1,572,862 TOTAL INCREMENT 10 TIF DISTRICT 196,151 631,153 272706 986,057 1,867,921 1,A45,564 2,441,482 3,664,004 2,852,102 4,303,213 5,000,000 5,000,000 5,000.000 5,000,000 5,000,000 Sp00,000 Mi.-G.-rated 24.150 32.329 32,196 51,858 114,065 3,789 55,355 16,999 33,656 81.801 173 99 126.788 88 494 76,785 77,244 TOTAL EEVENUETO 7F DISTRICT 186151 655,303 305,034 1,018,253 1,919,779 1,559,629 2445,271 3719,359 2,869101 4,336,868 5,081,801 5,173,699 5,126788 5,088,494 5,076,785 5,077,244 Tax Increment Relained by local Go-,urns City - - - - - - - - - - - 2,889,786 2,926,944 3,878,457 3,481,109 2,742,684 2,883,798 Hmpltal Dlttrid - - - - - _ - - - 626,049 627,675 885,632 783,803 564,632 616,894 College _ _ _ - - - - 470,563 484,A4 634,413 598788 444,410 507,742 Wmer Distrid - - _ _ - _ _ 67,522 69,531 91,972 86,990 64,576 68,168 C...ly - - _ - _ - - 722,065 726,031 1,025,932 907,769 654,080 714,660 F W ISD 2,498,251 2 443 42 3,245,565 3,101,980 2,379,678 2,467,891 TOTAL TAX INCREMENT RETAINED BY GOVTS. 7,274,237 7,278,187 9761,971 8,960,439 6,9501060 7,259,152 TOTAL TAX INCREMENT OVER LIFE OF THE TIF 186,151 631,153 272,706 986,057 1,867,921 1,445,564 2,441,482 3,664,004 2,852,102 4,303,213 12,274,237 12,278,187 14761,971 13,960,439 11,850,060 12,259,152 Prelesis 1.Historic Preservation - - - - - 85,000 85,000 85,000 85,000 85,000 85,000 85,000 85,000 85,000 85,000 - - 2.Environmental remediatlon - - - - - - - - - 2,887,520 - - - - - - 3.Utility Rel«anon and Removal - - - - - - - - - - - - - - - - 206,864 4.Stree6cape knprovememt - - - - 4,442 57,292 7,555 136,254 154,822 - 59,125 147,575 1,125,828 166,730 58,415 - 97,486 5.S-Fe Freight House - - _ - - 1,578,265 886,568 581,597 488,346 886,042 216,430 56,612 164,660 220,815 24,480 (31,511) 6.Sgndance Sggare Plaza lmprovemertb - - - - - - - - - - - - - - 7.Parking Garage Lemet - - - 153,243 416,266 413,062 407,053 1,449,673 1,372,542 1,221,500 2,318,300 2,381,065 3,047,24E 3,207,427 3,397,594 3,664,183 3,745,551 8.Affordable H-1,,q - - - - - - - - - - - - - - - 9.Rnldennal D.-Ity and Perking Inc . - - - - - - - - - - - - - - - 10.Infrattr -and Transpodmlon Itnpov - - - - - - - - - - - - - - - - - 1 I.Retail Folade Improve M Matching Gmntt 12.S--,Ted,rology,EngmeeHng&Math School - - - - - - - - - - - - - - - - 13.Slgnage 14 TIF Dittrid Adminlstranm Management Plarming 501823 145070 145640 175406 176382 171802 193117 140,535 156559 158,056 174,971 180,099 172,172 169,003 TOTAL PROJECT COSTS 653,067 363,773 700,994 2,233,218 2,733,878 2,365,763 4,873,484 3,489,302 2,986,629 4A72744 3,798,788 3,941,922 3A60,833 41187,393 Net TIF Cash Flew 186,151 655,303 (330,032) 452,475 1,219,785 (693,649) (208,607) 1,353,596 (2A06,383) $47,566 2,095,172 700,936 1,327,999 1,146,572 1,215,930 839,531 FUND BALANCE 156,151 $41,435 491,422 943,898 2,162,683 1,469,033 1,180,426 2,534,022 527,639 1,373,206 3,470,378 4,171,334 3,499,333 6,643,903 7,861,833 8,731,706 Less County A Hosppfk,l DQstr,d Recavables $780,846 Cwr,nl Year(2013) TIF INCREMENT PROJECTIONS Proleded Mnual Property Tar G-o h Rate Taxable Valoe C-t Yee, Pei-tad- Year 17 Tear 18 Yeor 19 Year 20 Yeor 21 Yea,22 Year 23 Yeor 24 Yea 25 Year 26 Year 27 TIF Al 3 2013 2014 2015 2016 2017 2018 2079 2020 2021 2022 2023 TOTALS co, 687AO4750 694,278,798 705,221,585 732,273,901 739,596,539 746,992,505 754,462,430 762,007,054 769,627,125 777,323,396 785,096,630 HaP091 Oletrld 624,998,195 631,248,177 641,560,659 667,976,265 728,656,028 735,9A2,588 743,302,014 750,735,034 758,242,395 765,824,808 773,483,057 College 701,073,676 708,084,413 719,165,257 746,356,909 753,820,479 761,358,683 768,972,270 776,661,993 784,A28,613 792,272,899 800,195,628 Winer Distad 701,070,176 708,080,878 719,161,687 746,353,303 753,816,836 761,355,005 768,968,555 776,658,240 784,424,823 792,269,071 800,191,762 Canty 625,013,072 631,263,203 641,575,835 667,991,593 728,671,5D9 735,958,224 743,317,806 750,750,984 758,258,494 765,841,079 773,499,49'0 School Diwia 699708,232 706,705,314 717,772,367 744,950,091 752,399,592 759,923,588 767,522,824 775,198,052 782,950,033 790,779,533 796,687,328 Percent Chmge from Prlar Yeor(City) 7.29% 1.00% 1.58% 3.84% 1.00% 1.00% 1.00% 7.00% 1.00% 1.00% 1.00% TIF N 3A City 209,877,987 211,976,767 214,096,535 216,237,500 216,399,875 220,583,874 222,789,712 225,017,609 227,267786 229,540,463 231,835,868 Hospital D1,Wd 211,133,260 213,244,593 215,377,039 217,530,809 219,706,117 221,903,178 224,122,210 226,363,432 228,627,066 230,913,337 233,222,470 College 223,235,260 225,467,613 227722,289 229,999,512 232,299,507 234,622,502 236,968,727 239,338,414 241,731,798 2AA,149,116 246,590,607 Winer Distrid 223,235,260 225,467,613 227,722,289 229,999,512 232,299,507 234,622,502 236,968,727 239,338,414 241,731798 244,149,116 246,590,607 Canty 211,133,260 213,244,593 215,377,039 217,530,8D9 279,706,117 221,903,179 224,122,210 226,363,432 228,627,066 230,913,337 233,222,470 Percent Chorge from Prier Yeor(City) 1,32% 1.00% 7.00% 7.00% 1.00% 7.00% 1.00% 1.00% 1.00% 1.00% 1.00% TIF Rewnrre.(PaAeipAtan Renee in 2014) CRY(60%) 2717,343 2,994,971 3,061,981 3,211,743 3,260,407 3,309,546 3,359,183 3,409,316 3,444,118 3,443,988 2,647,145 52,449,895 Hospital Dbmd(40°7e) 667A49 475,010 486,355 512,398 569,696 578,341 587,073 595,892 602,032 602,065 464,887 10,915,273 College(20%) 289,562 175,487 179,460 188,240 191,149 19A,087 197,055 200,052 202,150 202,197 156,154 4,963,335 Water Dbmd(40%) 65,472 47,120 48,187 50,545 51,326 52,115 52,912 53716 54,280 54,292 41,929 980,577 Canty(40%) 773,437 550,276 563,418 503,588 659,963 669,978 680,093 690,309 697,421 697,459 538,547 12,521,474 Fort Worth ISD 0°/. 426 37 18,169A46 TOTAL MCREMEM TO Tlf DISTRICT 5,000,000 4,242,865 4,339,402 4,556,514 4,732,535 4,804,068 4,876,315 4,9A9,285 5,000,000 5,000,000 3,848,663 100,000,000 Ini Generated 43,759 1,032,966 TOTAL REVENUE TO TIP DISTRICT 5,043759 4,242,865 A,339,A02 4,556,51A 4732,535 4,804,068 4,876,315 4,949,265 5,000,000 5,000,000 3,948,663 101,032,966 Tax Increment Retained by local 0ouemments City 2,137,557 1,996,647 2,041,321 2,141,162 2,173,601 2,206,364 2,239,455 2,272,877 2,322,466 2AO7,831 3,290760 44,032,B21 Hapltal Dlstrid 500,821 712,515 729,532 768,598 854,544 667,512 880,610 893,838 909,966 932,424 1,092,316 13,247,362 College 574,104 701,949 717,841 752,961 764,597 776,349 788,2)9 800,207 813,245 828,485 889,966 11,548,402 Water Dl.tod 5OA80 70,681 72,281 75,817 76,989 78,172 79,367 80,574 82,043 84,083 98,519 1,297,766 County 580,179 825,41A 845,127 890,382 989,944 1,004,967 1,020,139 1,035,463 1,054,147 1,080,163 1,265,389 15,341,852 FW ISD 3,68A,661 19821468 TOTAL TAX INCREMENT RETAINED BY GOUTS. 7,527,804 4,307,206 4,A06,103 4,628 919 4,859,675 4,933,364 5,007790 5,082,960 5,181,867 5,332,985 6,636,951 105,289,670 TOTAL TAX INCREMENT OVER LIFE OF THE TIF 12,527,804 8,550,071 8,745,505 9,185,A33 9,592,211 9737,432 9,884,105 10,032,245 10,181,867 10,332,985 10,485,614 205,289,670 Proleei. 1.Hbtonc Prmerr Lion - 1,276,000 - - - - - - - - - 2,126,000 2.Emlroanental rem,dl,flm - - - - - - - - - - - 2,887,520 3.Wity Relocation and Remo.al - - - - - - - - - - - 206,864 4.St-inoope Improvements - 400,000 - - - - - - - - - 2,415,824 5.Soma Fe Freight House (39,082) (45,567) (39,800) (43,093) 199,333 - - - - - - 5,104,096 6.Sundance Square flees lmpraremenb - 5,974,000 2,000,000 1,750,000 - - - - - - - 9724,000 7.Parking Garage Leases 3,507,597 3,591,554 2777,259 2,412,607 1,847,879 1,825,292 - - - - - 43,156,895 8.Affordable Hoeing - 1,000,000 - - 1,000,000 1,000,000 1,000,000 2,000,000 1,000,000 1,000,000 810001000 9.Reldential Demity and Pa,k"t-.1 e - - 3,000,000 3,000,000 3,000,000 - - 0,000,000 10.Intwstruaure and Troapart -Improvements - - - 100,0W 1000,000 - 400,000 750,000 2,800,000 3,900,000 3,200,000 12,150000 11.Retail facade Improvement Matdtirg Grants - - 300,000 - - - - - - - 300,000 12.Sdeme,Technology,Engineering&Math School - - 500,000 500,000 - - - - - - 1,000,000 13.Signage 150,000 150,OW 14.TIF Diwid Adminletrahon,Management,Planing 170,316 197,115 192728 198,510 204,466 210,600 216,918 223,425 230,128 237,032 69,895 4,811,767 TOTAL PROJECT COSTS 3,638,832 12,343,102 5,230,187 4,918,024 4751,677 3,035,892 4,616,916 4,973,423 5,030,121 5,137,032 4,269,895 101,032,966_ Nei TIF Cosh Flow 1,404,927 (B,30(1,238) (890,783) (361,510) (19,142) (231,324) 259,397 (24,140) (30,128) (137,032) (421,222) FUND BALANCE 10,156,633 1,836,393 963,610 604,100 504,951 333,134 612,531 588,391 556,263 421,232 0 Les,Cou,rly 8 Hosptal D,s,d R-oibl'es Caren,Year(2013) EXHIBIT D-3 RESOLUTION AMENDMENT TO PARTICIPATION AGREEMENTS BY TARRANT COUNTY AND TARRANT COUNTY HOSPITAL DISTRICT IN FORT WORTH TAX INCREMENT FINANCING REINVESTMENT ZONE #3 - DOWNTOWN TIF WHEREAS,the Fort Worth City Council approved Ordinance No. 12324 establishing Tax Increment Financing Reinvestment Zone Number Three(the"Zone"),City of Fort Worth,Texas,in accordance with the Tax Increment Financing Act, to promote development and redevelopment in the medical district area of Fort Worth through the use of tax increment financing; and WHEREAS, in 1996 the City of Fort Worth and Tarrant County, through Commissioners Court Order No. 73865A, entered into an agreement under which the County agreed to deposit one hundred percent(100%)of the County's Tax Increment into the TIF District's Tax Increment Fund ("Participation Agreement"), as specifically provided in that Participation Agreement; and WHEREAS, in 1996, the City of Fort Worth and the Tarrant County Hospital District entered into an agreement under which the Hospital District agreed to deposit one hundred percent (100%) of the Hospital District's Tax Increment into the TIF District's Tax Increment Fund ("Participation Agreement"), as specifically provided in that Participation Agreement; and WHEREAS, two (2) subsequent amendments to the Participation Agreements have been approved providing for expansion of the Zone boundaries and modifications to the Project and Financing Plan; and WHEREAS, the newest amendment to the Project and Financing Plan provides for an increase in the maximum Project Costs to be funded in the Zone,and further provides for an increase in Tarrant County's and Tarrant County Hospital District's cumulative contribution to the TIF District's Tax Increment Fund,while providing for a decrease in the County's and Hospital District's annual percentage contribution to forty percent (40%) of their respective Tax Increment; and WHEREAS,the Tarrant County Commissioners Court recognizes that Tarrant County's and Tarrant County Hospital District's continued participation in funding of the Zone through approval of the amended Project and Financing Plan will have the desired effect of further 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 the Amended Project and Financing Plan and continued participation in funding of Fort Worth Tax Increment Financing Reinvestment Zone#3 and,beginning with Tax Year 2013 the payment into the tax increment fund of forty percent(40%) of the collected incremental tax revenues produced by applying the County and Hospital District respective tax rates to the incremental increase in the taxable value of property located in the Zone, through December 31, 2025, or until $100,000,000 million in cumulative tax increment funds have been contributed by the taxing entities,whichever occurs first,in accordance with the terms of the Participation Agreements and the Amendment No. 3 to the Participation Agreements;that the Amendment No.3 to the Participation Agreements for the County and Hospital District be and are hereby approved; that the Commissioners Court hereby agrees to enter into the Amendment No. 3 to the Participation Agreements as a party thereto; and the County Judge of the County be and is hereby authorized and directed to execute said Amendment No. 3 to the Participation Agreements on behalf of the County, Hospital District and Commissioners Court substantially in the form of the attached hereto and carry out the terms thereof at the appropriate time(s). PASSED AND APPROVED, IN OPEN COURT, this I Ith day of March 2014. COURT ORDER NO. 11 l v2-(� � 5 e. .-�4 B. Glen Whitley, County Judge Roy C. Arooks Andy H. Nkuyen Commissioner, Precinct 1 Commissioner, Precinct 2 Gary Fic es J.6 Jo n s n Commissioner, Precinct 3 Commissioner, Precinct-4 ATTEST: APP AS M: County Clerk Asst. i ct Attorney M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FouH COUNCIL ACTION: Approved on 9/24/2013 -Ordinance No. 20975-09-2013 DATE: 9/24/2013 REFERENCE G-18025 LOG NAME: 17TIF3AMENDPLAN NO.. NOW PUBLIC CODE: G TYPE: CONSENT HEARING: YES SUBJECT: Conduct a Public Hearing and Adopt Ordinance Amending the Project and Financing Plan for Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas, Downtown TIF (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing concerning an amendment to the Project and Financing Plan for Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas, Downtown TIF, as set forth in Exhibit A of the attached Ordinance, to afford an opportunity for interested persons to speak for or against the proposed Amendment, the boundaries of the Downtown TIF district or the concept of Tax Increment Financing; and 2. Close the public hearing and adopt the attached ordinance approving the amended Project and Financing Plan for the Downtown TIF district. DISCUSSION: The Downtown TIF Project and Financing Plan (Plan) was initially approved by the Downtown TIF board of directors on September 17, 1998 and subsequently approved by City Council on October 6, 1998 (Ordinance No. 13603). The Plan has been amended by the TIF board, as approved by the City Council, on two previous occasions: 1. February 25, 2003, (Ordinance No. 15464) included the addition of environmental remediation projects as an allowable project cost, as approved by the TIF board of directors on February 17, 2003; and 2. April 17, 2012, (Ordinance No. 20169-04-2012) allowed the TIF district to support the development of affordable housing, as approved by the TIF board of directors on March 22, 2012. On September 16, 2013, the TIF board of directors voted to amend the Plan to add projects that would allow the TIF district to continue and expand revitalization efforts in Downtown Fort Worth by raising the total projects funded by the TIF district from the amount of$72 million to $100 million. Tax increment deposits from local governments will also be subject to a $5 million annual cap. Downtown TIF projects can be broken down into fourteen categories: (1) historic preservation, (2) environmental remediation, (3) utility relocation and removal, (4) streetscape improvements, (5) Santa Fe Freight House redevelopment, (6) Sundance Square project, (7) parking garage leases, (8) affordable housing, (9) residential density and parking, (10) infrastructure and transportation improvements, (11) http://apps.cfwnet.org/council_packet/mc review.asp?ID=18992&councildate=9/24/2013 5/2/2014 M&C Review Page 2 of 2 retail fagade improvement matching grants, (12) School for Science, Technology, Engineering and Math (STEM), (13) signage and (14) administration. Details of specific projects can be found in the amended Plan. As new investments are attracted and revitalization is encouraged, the area will continue to become an economically viable, mixed-use destination for all to enjoy. Before the amended Project and Financing Plans can take effect, state law requires the City Council approve the amended Plan by Ordinance after holding a public hearing at which interested persons may speak for or against the proposed Amendment, the boundaries of the Downtown TIF district or the concept of Tax Increment Financing. In accordance with state law, notice of the public hearing was published in a newspaper having general circulation in the City at least seven days prior to the date of the hearing. The projects contained within the Project and Financing Plan are located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Cynthia Garcia (8187) Robert Sturns (8003) Additional Information Contact: Marguerite Jones (2235) ATTACHMENTS 130917 TIF3 PFP Amend FINAL.pdf 130924 TIF3 Ord PFP Amend FINAL.doc http://apps.cfwnet.org/council_packet/mc—review.asp?ID=1 8992&councildate=9/24/2013 5/2/2014