HomeMy WebLinkAboutContract 41898 (2)•
CITY SECRETARY
C•NTRACJ Mar,
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 COLLEGE DISTRICT (the "College
District"), a political subdivision of the state of Texas.
The City and the College District hereby agree that the following statements are
true and correct and constitute the basis upon which the City and the College District
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. 17889-11-2007 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 College District.
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C. Pursuant to Section 311.013(0 of the Texas Tax Code, the College District
is not required to pay any tax increment into the tax increment fund of the TIF District
unless it enters into an agreement to do so with the City. The College District wishes to
enter into such an agreement with the City.
NOW, THEREFORE, for and in consideration of the conditions set forth herein,
the sufficiency of which is hereby acknowledged, the City and the College District do
hereby contract, covenant and agree as follows:
1. INCORPORATION OF RECITALS.
The parties hereby agree that the recitals set forth above are true and correct and
form the basis upon which they have entered into this Agreement.
College District Participation Agreement
re: Woodhaven TIF
Page 1
OFFIOAL RECORD
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2. DEFINITIONS.
In addition to any terms defined in the body of this Agreement, the following
terms shall have the definitions ascribed to them as follows:
Act means the Tax Increment Financing Act, as amended and as codified as
Chapter 311 of the Texas Tax Code.
Captured Appraised Value in a given year means the total appraised value of all
real property taxable by the College District and located in the TIF District for that year
less the Tax Increment Base.
Project 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
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
17889-11-2007.
TIF District means the certain real properties and boundaries as described in City
17889-11-2007.
Tax Increment in a given year means the amount of property taxes levied and
collected by the College District for that year on the Captured Appraised Value of real
property taxable by the College District 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 College District and located in the TIF District.
Tax Increment Fund means that fund created by the City pursuant to Section
311.014 of the Act and Section 6 of City Ordinance No. 17889-11-2007, which will be
maintained by the City, into which all revenues of the TIF District will be deposited,
including deposits of Tax Increment by the City and by other taxing units with
jurisdiction over real property in the TIF District, including the College District.
TIF Ordinance means City Ordinance No. 17889-11-2007, attached hereto as
Exhibit "A"
3. DEPOSIT OF TAX INCREMENT.
Pursuant to a Resolution duly adopted by the governing body of the College
District which Resolution is attached hereto as Exhibit "B" and is hereby made a part of
this Agreement for all purposes, and specifically subject to Section 4 of this Agreement,
the College District hereby agrees to deposit each year during the term of the TIF
College District Participation Agreement
re: Woodhaven TIF
Page 2
District, beginning with the 2010 tax year, fifty percent (50%) of the College District's
Tax Increment into the Tax Increment Fund. Such deposits shall be made in accordance
with the City's standard administrative procedures relative to all tax increment
reinvestment zones administered by the City, but only following receipt of a bill from the
City that outlines the City's calculation of the amount of the deposit that is required for
that year.
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 College District'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. Certain TIF District Project Costs Excluded.
The Tax Increment deposited into the Tax Increment Fund by the College District
shall be used to pay project costs for infrastructure improvements or other public
improvements as set forth and identified in the Project Plan, and shall not include
any costs for administration, overhead or management of the TIF District, or
costs for municipal or educational facilities owned by a school district.
4.2. 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
College District will not be required to deposit into the Tax Increment Fund any
funds for the expanded boundary area unless participation in the expanded
boundary area is approved by the governing body of the College District as an
amendment to this Agreement.
4.3 Debt.
If the TIF Board issues debt for the Project Plan, the College District may suspend
payment into the TIF Fund described in Section 3 if the revenues for the Tax
Increment Fund are not at least 125% of the average annual debt service
requirements until such time that the undertaking of the debt is approved by the
governing body of the College District as an amendment to this Agreement.
4.4 Early Termination.
(A) On the tenth anniversary of approval of the TIF District, the TIF Board
shall provide a report to the College District containing an analysis of the
financial impact of the TIF District, and the College District may cease
participation in the TIF District if the governing body of the College
District, in its sole discretion, determines the TIF District has not
College District Participation Agreement
re: Woodhaven TIF
Page 3
generated tax revenues, based upon present value analysis, which are at
least equal to the tax revenues the College District relinquished by
participating in the TIF District.
(B) This Section 4.4 shall only be effective to the extent there are no bonds or
other obligations issued by the TIF Board or City that contain a pledge of
any portion of the College District's Tax Increment, as described in this
Agreement, as security for the bonds or other obligations. To the extent
that the City of the TIF Board issues bonds or other obligations containing
a pledge of any portion of the College's Tax Increment, this section shall
not be effective as to the -portion already paid or otherwise satisfied in full.
4.6 Compliance with Laws.
Any developer associated with the TIF District shall comply with all applicable
federal, state, and local laws, ordinances, rules, regulations and orders, and all
other applicable policies and guidelines as they relate to the developer's
employees and/or agents, including specifically, but not limited to, those relating
to equal employment opportunity, the regulation or protection of public health or
the environment and workplace safety, and to secure any and all necessary
permits, licenses, and other authorizations which are required in order to perform
services under 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.
6. TIF FUND ACCOUNTING.
No later than July 1 of each year following execution of this Agreement, the City shall
provide the College District 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.
College District Participation Agreement
re: Woodhaven TIF
Page 4
The City and the College District shall each be responsible for the sole negligent
acts of their officers agents, employees or separate contractors. In the event of joint and
concurrent negligence of both the City and the College District, responsibility, if any,
shall be apportioned comparatively with the laws of the State of Texas, with the
understanding that neither party waives any governmental powers or immunities or any
other defenses available to each individually.
8. NOTICES.
All written notices called for or required by this Agreement shall be addressed to the
following or such other party or address as either party may subsequently designate in
writing, by certified mail, postage prepaid, or by hand delivery:
City:
City of Fort Worth
Attn City Manager
1000 Throckmorton
Fort Worth, TX 76102
with copies to:
the City Attorney and
Economic/Community Development
Director at the same address
9. NO WAIVER.
College District:
Tarrant County College District
Attn: Chancellor
1515 Houston Street
Fort Worth, TX 76102
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 JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
11. NO THIRD PARTY RIGHTS.
The provisions and conditions of this Agreement are solely for the benefit of the City and
the College District and are not intended to create any rights, contractual or otherwise, to
any other person or entity.
College District Participation Agreement
re: Woodhaven TIF
Page 5
12. FORCE MAJEURE.
The parties shall exercise every reasonable effort to meet their respective
obligations as set forth in this Agreement, but shall not be held liable for any delay in or
omission of performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to, compliance with any government law, ordinance or
regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars,
riots material or labor restrictions, transportation problems and/or any other cause
beyond the reasonable control of either party.
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 College District as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with any provision of this Agreement. Notwithstanding anything to the
contrary herein this Agreement shall not be amended unless executed in writing by both
parties and approved by the City Council of the City in an open meeting held in
accordance with Chapter 551 of the Texas Government Code.
16. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
College District Participation Agreement
re: Woodhaven TIF
Page 6
EXECUTED as of the later date below:
CITY OF FORT WORTH, TEXAS: -
By:
Alanis
Assistant City Manager
Date: CiIti(t,
ATTEST:
B
Marty Hendrix
City Secretary
APPROVED AS TO FORM/LEGALITY:
I
By:
eann D. Guzman
/(L
Assistant City Attorney
w
M&C: 1n- �'�-
College District Participation Agreement
re: Woodhaven TIF
Page 7
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TARRANT COUNTY COLLEGE
DISTRICT:
By:
Date:
Erma Johnso adley
Chancellor
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OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
LEES
A YJ
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 TERMINATION DATES FOR THE ZONE; ESTABLISHING
A TAX INCREMENT FUND FOR THE ZONE; AND
CONTAINING OTHER MATTERS RELATED TO THE ZONE.
WHEREAS, the City Council desires to promote the development of land in that
certain contiguous geographic area in the City which is more specifically described in
Exhibit "A" of this Ordinance (the "Zone") 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; (ii) a description of the boundaries of
the Zone; (iii) the City's tentative plans for development of the Zone; and (iv) an estimate
of the general impact of the Zone on property values and tax revenues; and
WHEREAS, 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 emit that levies taxes on real property in the Zone, as required by Section
311.003(b) of the Code (the "Preliminary Plans"); and
Page 1
Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen,
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 body 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 City and to property in the Zone
and afforded a reasonable opportunity for (i) all interested persons to speak for or against
the creation of the Zone, its boundaries or the concept of tax increment financing and (ii)
owners of real property in the 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 19, 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
Section 1.
FINDINGS.
That after reviewing all information before it regarding the establishment of the
Zone and after conducting a public hearing regarding the creation of the Zone and its
benefits to the City and to property in the Zone and affording a reasonable opportunity
for (i) all interested persons to speak for or against the creation of the Zone, its
boundaries or the concept of tax increment fmancing 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 fmdings 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 1,100 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
encompassed by the Zone has been in a general state of economic decline for the
past twenty years.
1.4. The Zone lacks essential infrastructure 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,
City of Fort Worth, Texas
fmds 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 311.006 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 (15%) 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 3.
ZONE BOARD OF DIRECTORS.
That a board of directors for the Zone ("Board") is hereby created. The Board
shall consist of eleven (11) members who shall serve for terms of two (2) years each. Of
these eleven (11) members, each taxing unit other than the City that levies taxes on real
property in the Zone may, but is not required to, appoint one (1) member to the Board.
After each taxing unit other than the City designates to the City either the name of the
member that the taxing unit wishes to appoint or the fact that the taxing »nit wishes to
waive its right to appoint a member, the City Council shall appoint whatever number of
members are necessary to fill the remaining positions on the Board. Such members may
be members of the City Council.
Section 4.
TERM OF ZONE.
That the Zone shall take effect 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.
DETERNIINATION 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 1, 2007, 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 City'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 Port 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
in 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 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.
IMMEDIATE 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 City Attorney
Date: November 27, 2007
M&C: G-15982
Page 8
Ordinance Designating Tax Increment Reinvestment Zone Number Thirteen,
City of Fort Worth, Texas
EXHIBIT "A"
DESCRIPTION AND DEPICTION OF THE ZONE
The tracts to be designated as Tax Increment Reinvestment Zone Number Thirteen, City
of Fort Worth, Texas for tax increment fmancing purposes are depicted in the
accompanying map and are more particularly described by the following metes and
bounds:
Political Subdivision Description of Proposed TIF 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. Tnmble 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, 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 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 County, Texas;
Ordinance Designating Tax Increment Reinvestment Zone Number Eleven,
City of Fort Worth, 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 Dnve;
THENCE with said right-of-way, South, some 40 feet, to the most east northeast comer
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
comer 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;
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 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 nght-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;
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 comer 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 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
comer 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 Dnve;
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;
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 comer of Lot 29 in
Block 16;
Thence with the west line of said Lot, South 2 degrees West, some 130 feet, to its
southwest comer;
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;
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
Electnc 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;
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
imphed 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
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved As Amended on 11/27/2007 - Ordinance No. # 17889-11-2007
DATE: Tuesday, November 27, 2007
LOG NAME: 17WOODHAVENTIF REFERENCE NO.: G-15982
SUBJECT:
Conduct Public Hearing and Adopt Ordinance Designating Tax Increment Reinvestment Zone
Number 13, City of Fort Worth, Texas (Woodhaven TIF)
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Increment Reinvestment Zone Number 13, City
of Fort Worth, Texas for tax increment financing purposes; and
2. Adopt the attached ordinance which designates Tax Increment Reinvestment Zone Number 13, City of
Fort Worth, Texas pursuant to Tax Increment Financing Act, Texas Tax Code, Chapter 311 and contains
specific findings of fact in support thereof.
DISCUSSION:
The proposed Tax Increment Reinvestment Zone Number 13, City of Fort Worth, Texas being referred to as
the Woodhaven TIF (the TIF), is located on approximately 1100 acres of land in east Fort Worth The
property is bounded by Interstate Highway Loop 820 on the east, and Interstate Highway 30 on the
southernmost boundary. The exact boundaries of the property are described in Exhibit A of the attached
ordinance. The TIF will expire on December 31, 2028, or the earlier date as of which all project costs have
been paid.
This TIF is intended to help fund public infrastructure improvements (e g. water, sewer, drainage, roads,
sidewalks, etc) associated with new development and redevelopment projects. 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 identified as ripe for new or redevelopment. The
ordinance provides that the City will contribute 100 percent of its tax increment to the TIF each year during
the term of the TIF.
This public hearing is required by the Act. Notice of this hearing was (1) delivered to the governing body of
each taxing unit that levies real property taxes on property located within the proposed TIF and; (2)
published in a newspaper of general circulation at least seven days prior to this meeting
The proposed area meets the criteria for designation as a reinvestment zone pursuant to the Act because,
as more specifically set forth in the findings of fact in the attached ordinance, the area is underdeveloped,
blighted and largely unproductive due to the deteriorated site and other improvements and contains
unsanitary and unsafe conditions, all of which prevent development from occurring in the area solely
through private investment in the reasonably foreseeable future, thereby substantially impairing and
arresting the sound growth of the City.
This property is located in COUNCIL DISTRICT 4.
Logname: 17WOODHAVENTIF Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance 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:
Originating Department Head:
Additional Information Contact:
Dale Fisseler (6140)
Tom Higgins (6192)
Ossana Hermosillo (8618)
Ardina Washington (8003)
Logname: 17WOODHAVENTIF Page 2 of 2
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE TARRANT COUNTY COLLEGE DISTRICT
AUTHORIZING PARTICIPATION IN TAX INCREMENT
REINVESTMENT ZONE NUMBER THIRTEEN, CITY OF FORT WORTH, TEXAS
(WOODHAVEN TIF)
WHEREAS, on November 27, 2007, the City Council of the City of Fort Worth ("City
Council") adopted City Ordinance No. 17889-11-2007 designating certain real property located in the
eastern portion of the City of Fort Worth (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");
WHEREAS, 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 Tarrant County College District (the "College District");
WHEREAS, pursuant to Section 311.013(0 of the Texas Tax Code the College District is not
required to pay any tax increment into the tax increment fund of the TIF District unless it enters into an
agreement to do so with the City. The College District wishes to enter into such an agreement with the
City; and
WHEREAS, the Board of Trustees of the College District has determined that it is in the best
interest of the College to contribute fifty percent (50%) of the property taxes levied and collected by
the College District on real property located in the TIF District for any year, less the total appraised
value of such real property on January 1, 2007 beginning with the 2010 tax year for the duration of the
term of the TIF District in accordance with the Texas Tax Code.
NOW, THEREFORE, be it resolved by the Board of Trustees of the College District that:
1. The Chancellor of the College District should be and is hereby authorized to execute the
agreement to participate in Tax Increment Reinvestment Zone No. Thirteen, City of Fort Worth Texas
("Woodhaven TIF") and attach this executed Resolution to such agreement as Exhibit B subject to the
terms and conditions set forth therein and as set forth in this Resolution.
2. The Chancellor of the College should be and is hereby authorized and directed to enter
into and execute such agreements and undertakings as may be reasonably necessary to implement the
purposes of the foregoing resolution.
ADOPTED AND APPROVED this 422-/ day of
, 2011.
TARRANT COUNTY COLLEGE DISTRICT
By:
Printe ame. e- « ,)
Title: President, Board of Trustees
Page 1 of 2
ATTEST:•
Printed Name: 4 Gl 6✓e Lf
Title: Secretary, Board of Trustees #641560.1
Page 2 of 2