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HomeMy WebLinkAboutContract 39816CITY SECRETARY CONTRACT NO. 3 �f AGREEMENT TO PARTICIPATE IN TAX INCREMENT REINVESTMENT ZONE NUMBER THIRTEEN, CITY OF FORT WORTH, TEXAS (WOODHAVEN TIF) This AGREEMENT TO PARTICIPATE IN TAX INCREMENT REINVESTMENT ZONE NUMBER THIRTEEN, 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 November 27, 2007, the City Council of the City ("City Council") adopted City Ordinance No. 17889-11-2007 designating certain real property located in the eastern portion of the City in an area bounded by Highway Loop 820 on the east and Interstate Highway 30 on the south as Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas, (the "TIF District"). The TIF District is informally known as the "Woodhaven TIF". Ordinance No. 17889A I1 2007 is hereby incorporated by reference for all purposes and is 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 public infrastructure for Woodhaven and for private development projects will be funded. 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: 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. = t_a_ __ County Participation Agreement re: Woodhaven TIF Page I OFFICIAL i��;(;�i� CITY SECRETARY �T. WORTH, TX 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, 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 Section 3 of City Ordinance No. 1788941-2007. At all times during the term of the TIF District, the County shall appoint and maintain at least one (1) member on the TIF Board, and may appoint non -voting ex- officio members or County staff members who shall also be notified of all TIF Board meetings and actions. TIF District means the certain real properties and boundaries as described in City 17889-11-2007, attached hereto as Exhibit "A". Tax Increment in a given year means the amouYrt of property taxes levied ar�d 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, 2007 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. 17889-11-2007, which will be maintained by the City as a separate and individual 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. TIF Ordinance means City Ordinance No. 17889-11-2007, attached hereto as Exhibit "A". County Participation Agreement re: Woodhaven TIF Page 2 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 2008 tax year, eighty percent (80%) of the County's Tax Increment into the Tax Increment Fund up to a maximum cumulative contribution of Two Million Seven Hundred Eighty -Seven Thousand Eight Hundred and Eighty -Five Dollars ($2,787,885) (the "Maximum County Contribution"). 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 relative to all tax increment reinvestment zones administered by the City, but only following receipt of a bill from the City that outlines the City's calculation of the amount of the deposit that is required for that year. 4. LIMITATIONS ON TAX INCREMENT DEPOSITS AND USE OF FUNDS. This Agreement is based on the following conditions, and the 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 are 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 Proiect Costs Excluded. The Tax Increment deposited into the Tax Increment Fund by the County shall be used to pay a pro rata portion of a maximum of $13,500,000 in project costs for infrastructure improvements or other public improvements as set forth and identified in the Project Plan attached hereto as Exhibit `B" (the "Maximum Project Costs"). All TIF Fund allocations, including but not limited to any management and administrative cost, must be approved by the TIF Board in accordance with the Project Plan. If the Project Plan is amended, 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. County Participation Agreement re: Woodhaven TIF Page 3 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. 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, 2028 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, (iii) the date on which the Maximum County Contribution is reached, or (iv) the date on which the -County's pro-rata portion of the Maximum Project Costs, including, but not limited to, tax increment bonds and interest on those bonds, have been paid or otherwise satisfied in full. 6. T1F 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. County Participation Agreement re: Woodhaven TIF Page 4 S. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other parry or address as either parry may subsequently designate in writing, by certified mail, postage prepaid, or by hand delivery: City: County: City of Fort Worth Tarrant County Administrator's Office Attn: City Manager 100 East Weatherford Street 1000 Throckmorton Suite 404 Fort Worth, TX 76102 Fort Worth, Texas 76196-0609 with copies to: the City Attorney and Housing and Economic Development Director at the same address 9. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. VENUE AND JTiJRISDICTION. 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 County Participation Agreement re: Woodhaven TIF Page 5 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. 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. COUNTERPAR`TS. This Agreement maybe executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. County Participation Agreement re: Woodhaven TIF Page 6 EXECUTED as of the later date below: CITY OF FORT WORTH, TEXAS: By Tom Higgins Assistant City Manager Date: Z/ f ///U ATTEST: ��� Marty HelrHri�s C g City Secretary OVED AS TO FORM/LEGALITY Y n �1 By: Leann D. Guzman Assistant City Attorney G TARRANT COUNTY, TEXAS: By: (;ounty Judge Date: ATTEST: Deputy County Clerk APPROVED AS By: Ray Assi� istrict Attorney COURT ORDER # �D � 88 * By law, the District Attorneys Offtce may only advise or approve contracts or legal documents ort behalf of its clients. It may trot advise or approve a contract or 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: Woodhaven TIF Page 7 4FFtClitL l�ECORD CITY SECRETARY T. W07TH, TX EXHIBIT "A" ORDINANCE ESTABLISHING FORT WORTH TIF DISTRICT # 13 AND THE BOUNDARIES OF THE TIF REINVESTMENT ZONE ORDINANCE NO. 17889-11-2007 AN ORDINANCE DESIGNATING A CERTAIN CONTIGUOUS GEOGRAPHIC AREA IN THE CITY OF FORT WORTH AS "TAX INCREMENT REINVESTMENT ZONE NUMBER THIRTEEN, CITY OF FORT WORTH, TEXAS"; CREATING A BOARD OF DIRECTORS FOR THE ZONE; PROVIDING THE EFFECTIVE AND TERYUNATION 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 land in that certain cortiguaus geographic area in the City vrhich is more specifically described in Exhibit "A" of this Ordinance (the "Z®tee") through the creation of 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 (the "Code"); and WHEREAS, on or about September 14, 2007 the City provided written notice to the governing body of each taxing unit that levies real property taxes in the proposed Zone of (i) the City's intent to establish the Zone; (n) a description of the boundaries of the Zone; (iii) the City's tentative plans for development of the Zone; andestimate of the general impact of the Zone on property values and tax revenues; and WHEREAS, in accordance with the requirement imposed by Section 311.003(e) of the Code, the City provided such written notice more than sixty (60) days prior to the date of the public hearing conducted pursuant to Section 311.003 (c) of the Code; and WHEREAS, the City has prepared preliminary project and financing plans for the proposed Zone and provided a copy of those plans 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 Code (the "Preliminary flans"); and Page 1 Ordinance Designating Tax Increment Reinvestment Zone Number Thvteen, City of Fort Worth, Texas WHEREAS, in accordance with Section 311.003(f) of the Code, on November 6, 2007 the City made a single formal presentation to the governing bcdy of each county and school district that levies real property taxes in the proposed Zone, as agreed to in writing by the Fort Worth Independent School District, 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 November 27, 2007 the City Council held a public hearing regarding the creation of the Zone and its benefits to the Ciiy 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 proposed Zone to protest inclusion of their property in the Zone, as required by Sections 311.003(c) and (d) of the Code; and WHEREAS, notice of the public hearing was published in a newspaper of general circulation in the City on November 14, 2007, which satisfies the requirement of Section 311.003(c) of the Code that publication of the notice occur not later than the seventh day before the date of the public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Page 2 Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas SeMon 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 proposed 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 established by the Code for creation of a reinvestment zone under the Code. 1.2. The_ Zone consists of approximately I, L00 acres of land and the area within the Zone is contiguous. 1.3. The overall existing properties within the Zone are depressed and the area encompasseA by the Zone has been in a general state of economic decline for the past twenty years. 1.4. The Zone lacks essential infrastruciure to sustain viable new development, including but not limited to, water, sewer, drainage, roads and sidewalks, 1.5. Based on the facts set forth in Sections 1.3, and 1-.4 hereof, as well as on all other information provided to and/or known by the City Council with respect to the area within the Zone and the area in the vicinity of the Zone, the City Council hereby Page 3 Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen, Ciry of Fort Worth, Texas finds that development of the Zone will not occur solely through private investment in the foreseeable future. 1.6. Taking all facts into consideration, the area within the Zone substantially impairs and arrests the sound growth of the City 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 of a reinvestment zone and satisfies the requirements of Section 311.005(a)(1) of the 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 31 1.006 of the 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 (IS%) of the total appraised value of real property taxable by any county or school district. Page 4 Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas Section 2. DESIGNATION OF NEW 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 the Code. This reinvestment zone shall be known as '.`Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas." Section �> 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. That the Zone shall take effect immediately upon the adoption of this Ordinance and terminate on the earlier of (i) December 31, 2028 or an earlier termination date Page 5 Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas 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 or otherwise satisfied 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 ' Code, shall be the total appraised value of all real property in the Zone taxable by a taxing unit as of January 15 20075 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 TIF Fund shall consist of (i) the percentage of the tax increment, as defined by Section 311.012(a) of the 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 pursuant to an agreement with the City authorized by Section 311.013(f) of the Code, plus (ii) the Ciiy's contribution of one hundred percent (100%) of the City's tax increment, as defined by Section 311.012(a) of the Code, subject to any binding agreement executed at any time by the City that pledges an amount of legally available City funds whose calculation is based; in whole or in part, on payment to or Page 6 Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas receipt by the City of any portion of such tax increment. 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. Revenues in the TIF Fund will be used solely is accordance with Section 311.014 of the Code. 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 with taxing units that levy real property taxes in the Zone. Section 8. SEVERABILITY. That if any portion, section or pars 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. IlYIl17ElDIATE EFFECT. That this Ordinance shall take effect and be in full force and effect from and after its adoption. Page 7 Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas AND IT IS SO ORDAINED. ADOPTED AND EFFECTIVE November 27.2007 APPROVED AS TO FORM AND LEGALITY: Assistant Cite Attorney Date: November 27, 2007 M&C: G-15982 Page 8 Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas EXI�BIT "A" DESCRIPTION AND DEPICTION O-v THE ZONE The tracts to be designated as Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas for tax increment financing purposes are depicted in the accompanying map and are more particularly described by the following metes and bounds: Political Subdivision Description of Proposed TIP 13 (Woodhaven) A tract of land out of the, the W. J. Baker Survey, Abstract Number 101, the J. Brockman Survey, Abstract Number 102, the N. Burton Survey, Abstract Number 244, the J. H. Connor Survey, Abstract Number 285, the P. E. Coleman Survey, Abstract Number 372, the D. M. Helms Survey, Abstract Number 812, E. Jones Survey, Abstract Number 841, the H. P. Largent Survey, Abstract Number 960, the William Mann Survey, Abstract Number 995, the George Main Survey, Abstract Number 1097, the J. F. Reeding Survey, Abstract Number 1302, the W. R. Reeder Survey, Abstract Number 1303, the R. Robinson Survey, Abstract Number 1315, the W. W. Ray Survey, Abstract Number 1353; the E. G. B. Williams Survey, Abstract Number 1669, the W. Trimble Survey, Abstract Number 1521, and the R. Taylor Survey, Abstract Number 1561; BEGINNING at the intersection of the west line of said Jones Survey with_the north right -of way of Interstate Highway 30; THENCE with said west iine, North, to and along the west line of said Brockman Survey, some 3430 feet, to the centerline of Old Randol Mill Road; THENCE with said centerline, South 84 degrees 30 minutes East, some 450 feet to its intersection with the west line of that certain tract of Iand described by deed recorded in Volume 9236, Page 157, Deed Records, Tarrant County, Texas; THENCE with said line, North, some 260 feet to its northwest corner: THENCE with the north line of said tract, South 86 degrees 30 minutes East, some 560 feet, to the southeast corner of that certain tract of land described by deed recorded in Volume 12871, Page 510, Deed Records, Tarrant County, Texas; THENCE with the east Tine of said tract, North, some 410 feet, to the south bank of the West Fork of the Trinity River; THENCE with said south bank, Northeasterly some 2280 feet, to the northwest corner of that certain tract of land described by deed recorded in Volume 8938, page 466, Deed Records, Tarrant County, Texas; Ordinance Designating Tax Increment Reinvestment Zone Number Eleven, City of Fort worth, Tcxas THENCE with the north line of said tract, North 72 degrees 30 minutes East, some 560 feet, to the west line of said Reeding Survey; THENCE with said line, South, some 200 feet to its intersection with the northwesterly line of that certain tract of land, known as Tract 2L out of said Reeding Survey, described by deed recorded in Volume 16775, Page 133, Deed Records, Tarrant County, Texas; THENCE with said line and the northeasterly Ime of said tract, Northeasterly, and Southeasterly, some 740 feet, to the north comer of Lot IB, Block 100, Riverbend Estates; THENCE with the west and south lines of said Lot, some 470 feet, to said northeasterly Iine of said Tract 2L, THENCE with said line, Southeasterly, some 940 feet, to the. south right -of --way of Forest River Drive; THENCE with said right-ofway, North 55 degrees 30 minutes East, some 610 feet, to its intersection with the west line of Lot 5, Block 1, Riverchase Addition; THENCE with said line, Southeasterly, some 490 feet, to the northwest comer of Block 25 of Woodhaven Country Club Estates; THENCE with the west line of said Block, Southerly, some 1280 feet, t�-the northwest corner of Lot IUR Woodhaven Golf Villas; THENCE with the west line of said Woodhaven Golf Villas, Southerly and Easterly, some 300 feet, to the west right-of-way of Putter Drive; THENCE with said right -of --way, South, some 40 feet, to the most east northeast corner of Lot IS; THENCE with the west line of said Woodhaven Golf Villas, Southerly and Easterly, some 590 feet, to the southwesterly right -of --way of Putter Drive; THENCE with said right-of-way, South 20 degrees East, some 10 feet, to the most north corner of Lot 1N; THENCE with the west, south and east lines of said Woodhaven Golf Villas, Southerly Easterly and Northerly, some 860 feet, to the south right -of --way of Oakmont Lane; THENCE with said right -of --way, South 79 degrees East, some 70 feet, and South 88 degrees 30 minutes East, some 110 feet, to the most northwest comer of Block 20 of Woodhaven Country Club Estates; Ordinance Designating Tax Increment Reinvestment Zone Number Eleven, City of Fort Worth, Texas THENCE with the west line of said Block, Southerly, to and along the north, west and south lines of Block 1, of Havenwood Golf Villas, and to and along the east line of said Block 20, some 2200 feet, to the southwest right -of --way of Oakmont Lane; THENCE with said right -of --way, South 30 degrees East, some 50 feet, and South 21 degrees 30 minutes East, some 90 feet, and South 13 degrees East, some 30 feet, to the most northeast comer of Block 9, Woodhaven Country Club Estates; THENCE with the most north, west and no line of said Block, West, Southerly, and West, some 2000 feet, to its intersection with a line 1.0 feet northeasterly of the southwesterly right-of-way of Country Club Lane; TI�NCE with said line, Northwesterly, some 900 feet; to its intersection with the north line of Lot 39, Block 6, Woodhaven Country Club Estates; THENCE to and along a north, a west, and a southwesterly line of said Block, West, South, and Southeasterly, some 500 feet, to its intersection with the southwesterly right- of -way of Country Club Lane; THENCE with the southwesterly right -of --way of Country Club Lane, South 38 degrees East, some 140 feet, to the northeast corner of Lot 28, of said Block 6; THENCE with the a north, most west and most south line of said Block, West, Southerly, and East, crossing Doral Drive, and to and along the south line of Block 7, crossing Country Club Lane, and to and along the south and southeast line of Block 8, crossing Oakland Hills Drive, and to and along the southeast and north line of Block 10, some 7400 feet, to its intersection with'u e northeast right-of-way of Oakmont Lame; THENCE with said right -of --way, North I S degrees 30 minutes West, some 100 feet, to the southeast corner of Block 22; THENCE with the east, north, west line of said Block, North, West, and South, some 5500 feet, to its intersection with the no right -of --way of Oakmont Lane; THENCE with said right -of --way, North IS degrees 30 minutes West, some 100 feet, to the south comer of Block 23; THENCE with. the east, and northeast line of said Block, North, and Northwest, some 1100 feet, to its intersection with the east right -of --way of Oakmont Lane; THENCE with said right -of --way, North 8 degrees West, some 215 feet, to the west corner of that certain tract of land described by deed recorded in Volume 14772, Page 526, Deed Records, Tarrant County, Texas; Ordinance Designating Tax Increment Reinvestment Zone Number Eleven, City of Fort worth, Texas THENCE with the south line of said tract, South 73 degrees 30 minutes East, some 80 feet, and South 82 degrees East, some 110 feet, and South 1 degrees East, some 100 feet, to its intersection with the south line of Block 1, Riverchase Addition; THENCE with the southeast line of said Block, North 68 degrees East, some 690 feet, and North 32 degrees East, some 550 feet, to its intersection with the south right -of --way of Randol Mill Road; THENCE with said right -of --way, North 69 degrees 30 minutes East, some 570 feet, to the northwest comer of Block 16; THENCE with the southwest line of said Block, Southeast, some 2000 feet, to its intersection with the north right-of-way of Cholla Drive; THENCE with said right -of --way, North 86 degrees East, some 250 feet, to the southeast corner of Lot 45 in Block 16; THENCE with an east, north, and south line of said Block, North, West, and East, some 2400 feet, to the southeast corner of Lot 30 in Block 16; with the east line of said LotNorth 3 degrees 30 minutes East, some 120 feet, to Thence , its intersection with the south right-of-way of Cholla Drive; North 84 degrees 30 minutes East, some 20 feet, to the northwest corner of Lot 29 in Block 16; Thence with the west line of said Lot, South Z degrees West, some 130 feet, to its southwest corner; THENCE with a south, west, north, west and south line of said Block, East, South, West, South and East, some 3200 feet, to its intersection with the west right-of-way of High Woods Trail; THENCE with said right -of --way, South, some 300 feet, to its intersection with the west right -of --way of Boca Raton Boulevard; THENCE with said right -of --way, West, some780 feet, to its intersection with the southwest line of Block 29; THENCE with said line, Southeasterly, some 2300 feet, to the south comer of the right - of --way of High Woods Trail; THENCE with the southeast line of said right-of-way, to and along southeast line of Block 27, Northeasterly, some 440 feet, to its intersection with the west right -of --way of TX J Electric Delivery Company; Ordinance Designating Tax Increment Reinvestment Zone Number Eleven, City of Fort Worth, Texas THENCE with said right -of --way, North, some 2380 feet, and North 4 degrees 30 minutes West, some 1190 feet, to its intersection with the south line of Block 19; THENCE with said line, South 87 degrees West, some 340 feet, and South 70 degrees West, some 290 feet, to its intersection with the east right-of-way of High Woods Trail; THENCE with said right -of --way, North, crossing Randol Mill Road, and to and along the east right -of way of Riverbend Estates Drive, some 1060 feet, to its intersection with the north right-of-way of TXU Electric Delivery Company; THENCE. with said right -of --way, South 88 degrees East, some 790 feet, and North 4 degrees 30 minutes West, some 810 feet, to the north line of said Reeding Survey; THENCE with said line, East, some 205 feet, to its intersection with the east TXU Electric Delivery Company; THEI�ICE wish said right -of --way, North 4 degrees 30 minutes West, some 980 feet, to the north bank of the West Fork of the Trinity River; THENCE with said north bank, Easterly some 3100 feet, to its intersection with the west right-of-way of Interstate Highway Loop 820 East; THENCE with said right -of --way, South, some 7000 feet, to its intersection with the north right-of-way of interstate Highway 30; TAT--��NCE with sa?d right-of-way, West, some 10,400 feet, to fhe Place of Beginrvr:g, and containing some 1120 acres of land, more or less. Bearing Base and Distances, per City of Fort Worth, Graphic Information System. This description prepared by Hans Kevin Hansen, Registered Professional Land Surveyor, Number 4786, in September 2007. This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights or interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Ordinance Designating Tax Increment Reinvestment Zone Number Eleven, City of Fort Worth, Texas EXHIBIT "B" FORT WORTH TIF DISTRICT # 13 PROJECT AND FINANCING PLAN Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas (Woodhaven TIF) Prepared for The City of Fort Worth May 2008 1 Tax Increment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas (Woodhaven TIF) Project Plan and Financing Plan Table of Contents I. Tax Increment Financing Overview.............................................................................................3 II. The Project Plan............................................................................................................................5 A. Description of the Zone....................................................................................................6 i. Map of Boundary... 7 ii. Legal Description..................................................................................................9 . iii. Map of Existing Uses..........................................................................................15 iv. Map of Property Values......................................................................................17 B. Proposed Changes to Current Ordinances and Codes....................................................19 C. Estimated Non -project Costs..........................................................................................19 D. Method of Relocating Displaced Persons.......................................................................19 III. The Financing Plan.....................................................................................................................20 A. Economic Feasibility of the Zone...................................................................................21 B. Proposed Projects and Improvements..* 2 3 C. Revenue Projections.......................................................................................................24 IV. Summary of Project Costs and Financing...................................................................................26 V. Tables..........................................................................................................................................28 2 3 I. TAX INCREMENT FINANCING OVERVIEW Tax increment financing ("TIF") is a tool Texas local governments use to finance public improvements within a defined area. These improvements are intended to promote development or redevelopment in the defined area and surrounding areas. The primary statute governing tax increment financing is codified in Chapter 311 of the Texas Tax Code the "Tax Code"). Chapter 311 is often referred to as the Tax Increment Financing Act and it allows municipalities to create "reinvestment zones" within which various public improvements can be undertaken. A municipality makes an area eligible for tax increment financing by designating a reinvestment zone. Essentially, for the City to initiate the designation of an area as a reinvestment zone, the area must 1) substantially arrest or impair the sound growth of the municipality creating 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; or 2) be predominately open and, because of obsolete platting, deterioration of structure or site improvements, or other factors, substantially impair or arrest the sound growth of the municipality; or 3) be in a federally assisted new community located in the municipality or adjacent to such property. At the time an area is designated a reinvestment zone for tax increment financing, the existing total appraised value of real property in the zone is identified and designated as the "base value." All taxing units that levy taxes in the zone during the life of the TIF will continue to receive the tax revenues de_rived-from the "base value:" As new development is added to the tax rolls within the TIF area, total assessed valuations rise. This rise in new value is measured annually and is called the "captured appraised value". The taxes that are collected by the participating taxing jurisdictions on the incremental increase between the original "base value" and the current year's "captured appraised value" is the "tax increment". Each taxing unit choosing to participate in the TIF will agree to deposit a portion or all of the taxes generated from the "tax increment" into a TIF fund administered by a TIF Board that is appointed by the local taxing units. The TIF Board uses the tax increment to make public improvements in the area to attract private development that would not otherwise occur or that may not occur until at a much later date. Additionally, the TIF Board may enter into development agreements to participate in new development or redevelopment. The TIF District ends on the earlier of 1) the termination date contained in the ordinance establishing the zone or 2) the date on which all project cost have been paid in full. Any revenues remaining in the TIF fund after the dissolution of the TIF are returned pro rata to each participating taxing unit. 4 5 II. THE PROJECT PLAN In 2005, the City of Fort Worth selected Gideon Toal to prepare a neighborhood redevelopment plan to undergo a comprehensive study, analysis and action plan of the Woodhaven area in east Fort Worth. Almost twenty years of escalating crime and stagnant property values, along with increasing poverty levels were part of the impetus to initiate policy, planning and redevelopments efforts for this area. In general, the TIF Plans contemplate that prospective developers of properties within the TIF may fund portions of public infrastructure associated with development opportunities by utilizing financial support from the TIF Board through development agreements that provide for reimbursement of eligible expenses for these developments. It is also anticipated that the TIF Board may undertake certain public improvement projects once sufficient tax increment is available in an effort to further enhance the area, thereby making it more attractive to new development and redevelopment. The Woodhaven TIF represents an important opportunity to support viable economic redevelopment in east Fort Worth. Much of the area encompassed by the TIF has been in a general state of economic decline with very little new private investment taking place in the past twenty years. In order to support new and denser development in the future, some of the basic infrastructure in the area must be upgraded because much of the existing streets, water, sewer, and drainage systems were constructed several decades ago. A. DESCRIPTION OF THE PROP�?SED ZONE The Woodhaven TIF is located in east Fort Worth and encompasses approximately 1,100 acres of property that is bounded by Willow Ridge Road on the westernmost boundary, Interstate Highway 30 on the southernmost boundary, Interstate Highway Loop 820 on the easternmost boundary, and roughly follows the Trinity River at its northernmost boundary. This area includes intersections such as Woodhaven Blvd. and Boca Raton, and Bridge Street and Boca Raton as they intersect Loop 820. A map of the boundary and the legal description of the Woodhaven TIF are contained on the following pages as well as maps of the current zoning and property values. 0 i. MAP OF THE BOUNDARY ii0 LEGAL DESCRIPTION OF THE TIF Political Subdivision Description of TIF 13 (Woodhaven) A tract %J land out %J the, the W. J. Baker Survey, Abstract Number 101, the J. Brockman Survey, Abstract Number 102, the N. Burton Survey, Abstract Number 244, the J. H. Connor Survey, Abstract Number 285, the P. E. Coleman Survey, Abstract Number 372, the D. M. Helms Survey, Abstract Number 812, E. Jones Survey, Abstract Number 841, the H. P. Largent Survey, Abstract Number 960, the William Mann Survey, Abstract Number 995, the George Main Survey, Abstract Number 1097, the J. F. Reeding Survey, Abstract Number 1302, the W. R. Reeder Survey, Abstract Number 1303, the R. Robinson Survey, Abstract Number 1315, the W. W. Ray Survey, Abstract Number 1353, the E. G. B. Williams Survey, Abstract Number 1669, the W. Trimble Survey, Abstract Number 1521, and the R. Taylor Survey, Abstract Number 1561; BEGINNING at the intersection of the west line of said Jones Survey with the north right -of --way of Interstate Highway 30, THENCE with said west line, North, to and along the west line of said Brockman Survey, some 3430 feet, to the centerline of Old Randol Mill Road; THENCE with said centerline, South 84 degrees 30 minutes East, some 450 feet to its intersection with the west line of that certain tract of land described by deed recorded in Volume 9236, Page 157, Deed Records, Tarrant County, T exas; THENCE with said line, North, some 260 feet to its northwest corner: THENCE with the -north line of said tract, South 86 degrees 30 minutes East, some 560 feet, to the southeast corner of that certain tract of land described by deed recorded in Volume 12871, Page 510, Deed Records, Tarrant County, Texas; THENCE with the east line of said tract, North, some 410 feet, to the south bank of the West Fork of the Trinity River; THENCE with said south bank, Northeasterly some 2280 feet, to the northwest corner of that certain tract of land described by deed recorded in Volume 8938, Page 466, Deed Records, Tarrant Couniy, Texas; THENCE with the north line of said tract, North 72 degrees 30 minutes East, some 560 feet, to the west line of said Reeding Survey; THENCE with said line, South, some 200 feet to its intersection with the northwesterly line of that certain tract of land, known as Tract 2L out of said Reeding Survey, described by deed recorded in Volume 16775, Page 133, Deed Records, Tarrant County, Texas; THENCE with said line and the northeasterly line of said tract, Northeasterly, and Southeasterly, some 740 feet, to the north corner of Lot 1B, Block 100, Riverbend Estates; THENCE with the west and south lines of said Lot, some 470 feet, to said northeasterly line of said Tract 2L; THENCE with said line, Southeasterly, some 940 feet, to the south right -of --way of Forest River Drive; THENCE with said right -of --way, North 55 degrees 30 minutes East, some 610 feet, to its intersection with the west line of Lot 5, Block 1, Riverchase Addition; THENCE with said line, Southeasterly, some 490 feet, to the northwest corner of Block 25 of Woodhaven Country Club Estates; THENCE with the west line of said Block, Southerly, some 1280 feet, to the northwest corner of Lot 1UR Woodhaven Golf Villas; THENCE with the west line of said Woodhaven Golf Villas, Southerly and Easterly, some 300 feet, to the west right -of --way of Putter Drive; THENCE with said right -of --way, South, some 40 feet, to the most east northeast corner of Lot 1 S; THENCE with the west line of said Woodhaven Golf Villas, Southerly and Easterly, some 590 feet, to the southwesterly right -of --way of Putter Drive; THENCE with said right -of --way, South 20 degrees .East, some 10 feet, to the most north corner of Lot 1N; THENCE with the west, south and east lines of said Woodhaven Golf Villas, Southerly Easterly and Northerly, some 860 feet, to the south right -of --way of Oakmont Lane; THENCE with said right -of --way, South 79 degrees East, some 70 feet, and South 88 degrees 30 minutes East, some 110 feet, to the most northwest corner of Block 20 of Woodhaven Country Club Estates; THENCE with the west line of said Block, Southerly, to and along the north, west and south lines of Block 1, of Havenwood Golf Villas, and to and along the east line of said Block 20, some 2200 feet, to the southwest right -of --way of Oakmont Lane; THENCE with said right -of --way, South 30 degrees East, some SO feet, and South 21 degrees 30 minutes East, some 90 feet, and South 13 degrees East, some 30 feet, to the most northeast corner of Block 9, Woodhaven Country Club Estates; THENCE with the most north, west and north line of said Block, West, Southerly, and West, some 2000 feet, to its intersection with a line 1.0 feet northeasterly of the southwesterly right -of --way of Country Club Lane; THENCE with said line, Northwesterly, some 900 feet, to its intersection with the north line of Lot 39, Block 6, Woodhaven Country Club Estates; 11 THENCE to and along a north, a west, and a southwesterly line of said Block, West, South, and Southeasterly, some 500 feet, to its intersection with the southwesterly right -of --way of Country Club Lane; THENCE with the southwesterly right -of --way of Country Club Lane, South 38 degrees East, some 140 feet, to the northeast corner of Lot 28, of said Block 6; THENCE with the a north, most west and most south line of said Block, West, Southerly, and East, crossing Doral Drive, and to and along the south line of Block 7, crossing Country Club Lane, and to and along the south and southeast line of Block 8, crossing Oakland Hills Drive, and to and along the southeast and north line of Block 10, some 7400 feet, to its intersection with the northeast right- of-way of Oakmont Lane; THENCE with said right -of --way, North 15 degrees 30 minutes West, some 100 feet, to the southeast corner of Block 22; THENCE with the east, north, west line of said Block, North, West, and South, some 5500 feet, to its intersection with the north right -of --way of Oakmont Lane; THENCE with said right -of --way, North 15 degrees 30 minutes West, some 100 feet, to the south corner of Block 23; THENCE with the east, and northeast line of said Block, North, and Northwest, some 1100 feet, to its intersection withtheeast right -of --way of Oakmont Lane; THENCE with said right -of --way, North 8 degrees West, some 215 feet, to the west corner of that certain tract oT land described by deed recorded in Volume 14772, Page 526 Deed Records, Tarrant County, Texas; THENCE with the south line of said tract, South 73 degrees 30 minutes East, some 80 feet, and South 82 degrees East, some 110 feet, and South 1 degrees East, some 100 feet, to its intersection with the south line of Block 1, Riverchase Addition; THENCE with the southeast line of said Block, North 68 degrees East, some 690 feet, and North 32 degrees East, some 550 feet, to its intersection with the south right -of --way of Randol Mill Road; THENCE with said right -of --way, North 69 degrees 30 minutes East, some 570 feet, to the northwest corner of Block 16; THENCE with the southwest line of said Block, Southeast, some 2000 feet, to its intersection with the north right -of --way of Cholla Drive; THENCE with said right -of --way, North 86 degrees East, some 250 feet, to the southeast corner of Lot 45 in Block 16; THENCE with an east, north, and south line of said Block, North, West, and East, some 2400 feet, to the southeast corner of Lot 30 in Block 16; 12 Thence with the east line of said Lot, North 3 degrees 30 minutes East, some 120 feet, to its intersection with the south right-of-way of Cholla Drive; North 84 degrees 30 minutes East, some 20 feet, to the northwest corner of Lot 29 in Block 163 Thence with the west line of said Lot, South 2 degrees West, some 130 feet, to its southwest corner; THENCE with a south, west, north, west and south line of said Block, East, South, West, South and East, some 3200 feet, to its intersection with the west right-of-way of High Woods Trail; THENCE with said right -of --way, South, some 300 feet, to its intersection with the west right -of --way of Boca Raton Boulevard; THENCE with said right -of --way, West, some780 feet, to its intersection with the southwest line of Block 29; THENCE with said line, Southeasterly, some 2300 feet, to the south corner of the right -of --way of High Woods Trail; THENCE with the southeast line of said right -of --way, to and along southeast line of Block 27, Northeasterly, some 440 feet, to its intersection with the west right -of --way of TXU Electric Delivery Company; THENCE with said right -of --way, North, some 2380 feet, and North 4 degrees 30 minutes West, some 1190 feet, to its intersection with the south line of Block 19; THENCE with said line, South 87 degrees West, some 340 fezt, and South 70 degrees West, some 290 feet, to its intersection with the east right -of --way of High Woods Trail; THENCE with said right -of --way, North, crossing Randol Mill Road, and to and along the east right- of-way of Riverbend Estates Drive, some 1060 feet, to its intersection with the north right -of --way of TXU Electric Delivery Company; THENCE with said right -of --way, South 88 degrees East, some 790 feet, and North 4 degrees 30 minutes West, some 810 feet, to the north line of said Reeding Survey; THENCE with said line, East, some 205 feet, to its intersection with the east TXU Electric Delivery Company; THENCE with said right -of --way, North 4 degrees 30 minutes West, some 980 feet, to the north bank of the West Fork of the Trinity River; THENCE with said north bank, Easterly some 3100 feet, to its intersection with the west right-of- way of Interstate Highway Loop 820 East; THENCE with said right -of --way, South, some 7000 feet, to its intersection with the north right-of- way of Interstate Highway 30; 13 THENCE with said right -of --way, West, some 10,400 feet, to the Place of Beginning, and containing some 1120 acres of land, more or less. Bearing Base and Distances, per City of Fort Worth, Graphic Information System. This description prepared by Hans Kevin Hansen, Registered Professional Land Surveyor, Number 4786, in September 2007. "This document was prepared under 22 TAC § 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights or interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." 14 15 0 MAP OF EXISTING USES The following depicts a map of the TIF boundary by current general uses. The following categories are particularly significant in terms of implementing specific public infrastructure improvements in strategic areas. Improved &Unimproved Commercial Improved &Unimproved Residential Vacant Unimproved �r:�z� � ; 1� iv. MAP "r PROPERTY VALUES fetal Value in $ .�' ;Sig .\"\h �\ U\ �\ r.' v ri _ s - < e q n ao=r ar.•=_a c� 2 �R•�vM1£C^.V <'n/Y` �i E4lwFLOIAkEtlw 04 i lA��wlN:t wo n kG� r 2 s s B. PROPOSED CHANGES TO CURRENT ORDINANCES AND CODES There are currently no proposed changes to zoning ordinances, building codes, nor any other municipal ordinances relating to the TIF that would affect the anticipated implementation of the Plans by the Board. C. ESTIMATED NON -PROJECT COSTS Non -project costs are not expected to be incurred within the TIF. D. METHOD O]� RELOCATING DISPLACED PERSONS No person shall be displaced as a result of implementing the Plans. 19 20 III. THE FINANCING PLAN A. ECONOMIC FEASIBILITY OF THE ZONE i. Increased Tax Base The following economic impact analysis is based on anticipated development plans within the proposed TIF district and the opportunities that exist to capture tax increment due to a significant number of low appraised values in the area. The success of any TIF Zone is predicated on the increase in value of the appraised real property so that tax increment may be captured. This tax increment can then be used to make infrastructure improvements in an effort to attract new growth and in this particular case, promote redevelopment opportunities. With that in mind, initiating this TIF Zone in 2007 is important since private investment activity is currently evident in the area. Specifically, some modest commercial development and some additional available parcels that front Interstate Highway 30 and Interstate Highway Loop 820 can serve as catalysts that both initiate the redevelopment of the area and help ensure the success of the TIF Zone in the early years. Additionally, the former Oak Hollow and Villa del Rio apartments that were recently purchased by the City of Fort Worth are prime areas within the heart of the neighborhood that have the opportunity to be redeveloped into more attractive properties with the assistance of this TIF through streetscape enhancements and other permissible assistance. With the designation of the TIF, it is anticipated that the area within and surrounding the TIF will experience certain increases in value as the project improvements are completed. Potential development is expected to include commercial, retail, restaurants, entertainment, and residential uses. These new developments should have a substantial impact on the overall increase in taxable real property within the Zone than typically found in other parts of Fort Worth, because of the extent of blighted properties and depressed existing values in the area. With regard to the revenue projections that have been developed for this plan, a two percent annual growth rate has been utilized, which is conservative and suggests an even greater opportunity for the success of the TIF Zone. It is estimated that the area in the Zone will experience development during the 20-year period in which the TIF Zone is in place with the potential for TIF increment to generate approximately $17 million if all taxing entities choose to participate by designating 80% - 100% of their tax increment. (The College District has a 50% maximum participation )olicy.) Although prohibited from participating in the TIF, it is anticipated that the Fort Worth Independent School District could receive almost $20 million in tax revenue over the 0-year period. 21 ii. Increased Retail and Commercial Business Based on current land uses and potential investment, the IN will develop with approximately 140 acres of the developable area becoming new or redeveloped retail and commercial business. iii. Employment Opportunities In addition to the jobs created during construction of the project improvements, it is expected that the future development of the Zone resulting from the private project improvements will generate a wide variety of additional employment opportunities. 22 B. PROPOSED PROJECTS AND IMPROVEMENTS Redevelopment within the Woodhaven TIF will consist of a combination of public improvements and private investment projects over time. These improvements will provide a "foundation for development" to encourage and support the long-term public needs of the neighborhood and to secure mixed -use economic growth opportunities in the Woodhaven area. i. Initial Improvements The initial improvements contemplated in the Woodhaven TIF include public infrastructure (e.g. water, sewer, drainage, roads, sidewalks, etc) associated with mixed -use development. In addition, demolition, environmental remediation, and all expenses allowable under the Tax Increment Financing Act are contemplated as needed for areas within the TIF Zone. The improvements undertaken by the TIF will include, but not be limited to the projects listed below: • Corridor Improvements —Street, traffic, utility, drainage and other public infrastructure projects within the TIF boundaries. • Public Infrastruciure such as water, sewer, drainage, roads, sidewalks, etc. and demolition costs associated with the following potential projects: o Renovation of two old strip centers along Woodhaven and Boca Raton o New construction at site of former apartments along Boca Raton and Oakland Hills • Gateway Enhancements -Street, traffic, utility, drainage and other public infrastructure projects at the gateways of the TIF along Woodhaven Blvd., Randol Mill Road, Boca Raton and Bridge Street. • Administrative Expenses ii. Future Improvements There are no future projects contemplated during the term of the TIF. However, the City Council reserves the right to consider amendments to the project plan if subsequent projects are identified by the TIF Board as appropriate and eligible for tax increment funding. 23 C. TAX INCREMENT REVENUE PROJECTIONS i. Bonded Indebtedness No bonded indebtedness is expected to be incurred with respect to any %J the project improvements. ii. Projection of Revenues This section outlines the estimated Zone tax increment. The Zone tax increment will depend on many factors, including (a) the base value of real property in the Zone subject to property tax; (b) captured appraised value; (c) annual growth of the Zone's taxable real property (which largely depends on private growth within the Zone); (d) participation by tax units; (e) tax rates; (f) collection rates; and (g) the term of the Zone. Each of these factors is discussed in turn. (a) Taxable Appraised Value for 2007 (the Base Value). Table 1 sets forth the total taxable appraised value of property in the Zone (estimated to be $192 million), which is anticipated to be the Zone's base value. (b) Captured Appraised Value. Table 1 sets forth the estimated total appraised value of property in the Zone over the life of the TIF (estimated to be approximately $281 million in year 2027). (c) Expected Annual Growth of the Zone's Taxable Real Property. The estimated captured appraised value (thus reflecting estimated growth of real property taxable values) of the Zone for each year of its existence and the estimated tax increment to be generated annually in total and from each taxing entity is outlined on Table 1. (d) Participation by Tax Units. Although each taxing entity has not agreed to a specific level of participation, the financial projections set forth in the Plans anticipates that the City of Fort Worth and Tarrant Regional Water District will participate by contributing one hundred percent (100%) of their tax increment with respect to the Zone, and anticipates Tarrant County, and Tarrant County Hospital District contributing at eighty percent (80%), and Tarrant County College contributing fifty percent (50%) of their tax increment with respect to the Zone. (e) Projected Tax Rates. Property tax rates are assumed to remain constant. (f) Projected Collection Rates. The Plans assumes a one hundred percent (100%) collection rate by all entities at their respective level of participation. 24 (g) Term of the one. The term of the Zone will be 21 years, expiring on December 31, 2028, beginning with that Zone tax increment generated by the 2008 tax appraisal and ending with that Zone tax increment generated by the 2027 tax appraisal. . Estimated Payment of Project Costs Based on the assumptions and estimates set forth in the information above, it is expected that the Zone tax increment will be sufficient to pay in full all project costs (including interest). 25 IV. SUMMARY OF PROJECT COSTS AND FINANCING A. Anticipated TIF Projects • Corridor Improvements $ 65000 000 • Public Infrastructure/demolition associated with o Renovation of strip centers along Woodhaven and Boca Raton $ 2,000,000 o New construction at site of former apartments along Boca Raton and Oakland Hills $ 3,000,000 • Gateway Enhancements $ 2,000,000 • Administrative Expenses $ 500,000 TOTAL PROJECT COSTS $13,500,000 B. Anticipated TIF Revenues • City of Fort Worth $ 11,180,307 • Tarrant County $ 2,787,885 • Tarrant County Hospital District $ 2,410,207 • Tarrant County College District $ 911,293 • Tarrant Regional Water District $ 261,528 TOTAL REVENUE $17,551,220 Project costs assume interest associated with reimbursement for public improvements. 27 �' t �g�ssss msa$ LL � 8f O a o E � � Z � fD N Uo � u m E o n a` E ~gaga"a3 � a Sa h n =wow `^m eQnn I :8 mm 8 „- a ^ 8 e 8 S 8„ b R op A _ ^- ��N m a n m am $ nnwe6 $ •• �� �` ^ K r a = S 8 amw n.- n m �Ae `$ a m 'dn „ m a°dam sam„-m e- m 'x $ a r s _ m _ „ $ enw a omx s ^ n $8n $n8^ 8 �mm' m$ o$e°1i $. v n n 9 € xma^aa n m m ` „ om s$ e m n x g:Q x man m8 G SSmm 6. b a ^ n ^ $ '.S o8 8Q3m S s oa R 3 - a n„ ^ $ n m&n m_8 m8m� S $ - n m�wam $po 'o$ ® m < N n— 8 0$ S'. S � „ n m n $ s - n "s 8 "a m�"a„sa0 N e8 $xs��$ # gr n s" x a _ "s n "s m mm e ^ sr�m n S W� e8 3 o s $ n "a 8 m'fim m 8 vs"vs"08m m m "a n n s a m s 8 m 8WO 8 8 8 88R^ 8 3 S m 8 m ^ 00 o„„ s 6_o=s= os8 s"" bssss' asoa� 's �oa� •¢''om •gvego 3 �aYa :zg„ agS> EXHIBIT "C" TARRANT COUNTY RESOLUTION OF PARTICIPATION PARTICIPATION IN CITY OF FORT WORTH TAX INCREMENT FINANCING REINVESTMENT ZONE #13 — WOODHAVEN 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. 17889-11-2007, dated November 27, 2007, establishing Tax Increment Financing Reinvestment Zone Number Thirteen of Fort Worth, Texas, in accordance with the Tax Increment Financing Act, to promote redevelopment of properly in the Zone and the construction of new commercial and retail development by providing for infrastructure improvements 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 one representative to the Fort Worth Tax Increment Financing Reinvestment Zone #13 Board of Directors and said representative has 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 approved and submitted by the Reinvestment Zone Board of Directors on May 29, 2008; 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. @�J, THEREFORE, BE IT RESOLVED: That the Tarrant County Commissioners Court hereby approves participation in the Fort Worth Tax Increment Financing Reinvestment Zone #13 and the payment into the tax increment fund of eighty percent (80%) of its collected incremental tax revenue (as set forth in the Agreement) 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, 2008 through December 31, 2028 or until $2,787,885 in cumulative County increment deposits have be made, or until all project costs 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 1 Oth day of November 2009. COURT ORDER NO. /d� � Whitley, County J oy C. Arooks Commissioner, Precinct 1 Gary Fickes Commissioner, Precinct 3 ATTEST: J Off' County Clerk Commissioner, Precinct 4 Asst.iPS}s�tric't Attorney