HomeMy WebLinkAboutContract 58685-A1CSC No. 58685-A1
FIRST AMENDMENT TO TAX INCREMENT FINANCING
DEVELOPMENT AGREEMENT
East Berry Corridor Study
This FIRST AMENDMENT TO TAX INCREMENT FINANCING DEVELOPMENT
AGREEMENT ("First Amendment") is entered into by and between the BOARD OF DIRECTORS OF
TAX INCREMENT REINVESTMENT ZONE NUMBER TWELVE, CITY OF FORT WORTH, TEXAS
("Board"), an administrative body appointed in accordance with Chapter 311 of the Texas Tax Code ("TIF
Act") to oversee the administration of Tax Increment Reinvestment Zone Number Twelve, City of Fort
Worth, Texas, a reinvestment zone designated by ordinance of the City of Fort Worth ("City") in accordance
with the TIF Act, and the City of Fort Worth ("City").
The Board and City hereby agree that the following statements are true and correct and constitute
the basis upon which the Board and City have entered into this Agreement:
A. The Board and City are currently parties to a Tax Increment Financing Development
Agreement ("Agreement"), whereby the City is obligated to construct certain public improvements
associated a major mixed -use development.
B. The Board and City wish to change the compensation structure of the Agreement.
NOW, THEREFORE, the Board and City, for and in consideration of the terms and conditions
set forth herein, do hereby contract, covenant and agree as follows:
following:
Section 2.1 of the Agreement (Amount of Funding) is hereby replaced in its entirety with the
2.1 The Board shall pay City an amount not to exceed two hundred thousand
dollars and 00/100 ($200,000.00) ("Funds") in accordance with the provisions of
this Agreement within thirty (30) days of the receipt of an invoice with supporting
documentation. The City will be able to transfer funds with the written approval
of the TIF administrator and TIF accountant. City shall not perform any additional
services for the Board not specified by this Agreement unless the Board requests
and approves in writing the additional costs for such services. The Board shall not
be liable for any additional expenses of City not specified by this Agreement unless
the Board first approves such expenses in writing. The Board agrees to pay all
invoices of City within thirty (30) days of receipt of such invoice.
2. Section 2.2 of the Agreement (Reimbursement) is hereby replaced in its entirety with the
following 2.2 titled Reconciliation Report:
2.2 Within sixty (60) days of the completion of the Project, the City will provide the
completed East Berry Corridor Plan, present the final Project to the TIF board, and provide
a reconciliation report demonstrating the use of TIF funds in accordance with the
Agreement to the TIF administrator in the City's Economic Development Department.
Section 2.5 of the Agreement (Priority of Payment) hereby replaced in its entirety with the
following:
Notwithstanding anything to the contrary herein, City understands and agrees that
any obligation of the Board to pay all or any portion of the Funds will be subject
OFFICIAL RECORD
First Amendment to TIF Development Agreement CITY SECRETARY Page 1 of 3
FT. WORTH, TX
and subordinate to the Board's right to retain reserves in the TIF Fund in any fiscal
year to meet all existing contractual obligations of the Board. Specifically, and
without limiting the generality of the foregoing, the following payments, as
obligated by the following existing contractual obligations, will have priority over
payment by the Board of all or any portion of the Funds:
a. Mason Heights Mixed -Use Project
4. All other provisions of the Agreement not amended in this First Amendment will remain
unchanged and in full force and effect.
5. All terms and conditions of this First Amendment that are capitalized but not defined have
the meaning assigned to them in the Agreement.
IN WITNESS WHEREOF, the undersigned have caused this First Amendment to be executed in
Fort Worth, Tarrant County, Texas.
Board of Directors of Tax Increment Financing City of Fort Worth
Reinvestment Zone Number Twelve, City of
Fort Worth, Texas
Chris N11-t°flBs
By: Chris Nettles (Apr 2, 202418:46 CDT)
Print: Chris Nettles
Title: Chair
By:
William Johnson (Air 1, 202412:41 CDT)
Print:
William Johnson
Title:
Assistant City Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to TIF Development Agreement Page 2 of 3
Contract Compliance Manager
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements
Contract Compliance Manager
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements
MaYtl�a Coulh 1
By:
Martha Collins (Mar 28, 202410:45 CDT)
By:
Print:
Martha Collins
Print:
Kelly Porter
Title:
TIF 12 Administrator
Title:
TPW Assistant Director
APPROVED
AS TO FORM AND LEGALITY:
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John Strong
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Jannette Goodall
Title:
Senior Assistant City Attorney
Title:
City Secretary
TIF 12 Resolution No. 12-2022-01
M&C No: 22-0689
Date of Board Approval: June 1, 2022
Date: 9/13/2022
TIF 12 Development Agreement
M&C 23-0070
January 6, 2023 (CSC No. 58685)
Date: 2/14/2023
TIF 12 Amendment
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to TIF Development Agreement
Page 3 of 3
CSC No. 58685
TAX INCREMENT FINANCING
FUNDING AGREEMENT
East Berry Corridor Study
This TAX INCREMENT FINANCING DEVELOPMENT AGREEMENT ("Agreement") is
entered into by and between the BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT
ZONE NUMBER TWELVE, CITY OF FORT WORTH, TEXAS ("Board"), an administrative body
appointed in accordance with Chapter 311 of the Texas Tax Code ("TIF Act") to oversee the administration
of Tax Increment Reinvestment Zone Number Twelve, City of Fort Worth, Texas, a reinvestment zone
designated by ordinance of the City of Fort Worth in accordance with the TIF Act, and the CITY OF
FORT WORTH ("City"), a Texas Limited Partnership.
The Board and Developer hereby agree that the following statements are true and correct and
constitute the basis upon which the Board and Developer have entered into this Agreement:
A. On July 18, 2006, the City Council adopted Ordinance No. 17061-07-2006, establishing
Tax Increment Reinvestment Zone Number Twelve, City of Fort Worth, Texas ("TIF District"), and
establishing the tax increment fund of the TIF District ("TIF Fund").
B. On April 11, 2007 the Board adopted a project and financing plan for the TIF District,
("TIF Project Plan"). The TIF Project Plan was approved by the City Council on June 19, 2007, pursuant
to Ordinance No. 17621-06-2007.
C. The City is pursuing a design and planning study for a multi -modal, walkable, mixed -use
corridor along East Berry Street to enhance connectivity and access to jobs and commercial investment,
with the Board to contribute up to $200,000.00 ("Project").
D. The TIF Project Plan specifically authorizes the Board to enter into agreements dedicating
revenue from the TIF fund for public improvements that benefit the general public and facilitate
development of the TIF district as an eligible expense. Accordingly, the costs of the Project qualify as
lawful "project costs," as that term is defined in Section 311.002(1) of the TIF Act ("Project Cost").
Accordingly, the Board is willing to provide funding for the purchase of the land solely in accordance with
and pursuant to this Agreement.
NOW, THEREFORE, the Board and City, for and in consideration of the terms and conditions
set forth herein, do hereby contract, covenant and agree as follows:
1. CITY'S OBLIGATIONS.
City will oversee and be responsible for all aspects of the Project in accordance with this
Agreement, the Plans, and all Legal Requirements.
2. FUNDING BY THE BOARD
2.1 Amount of Funding.
Provided that the City pursues the Project, and the City has complied with all terms and conditions
of this Agreement, the Board will provide funding for the Project in an amount up to Two Hundred
Agreement for East Berry Corridor Study TIF Funding Agreement
between TIF District East Berry TIF and City of Fort Worth OFFICIAL RECORD
Page 1 of 5
CITY SECRETARY
FT. WORTH, TX
Thousand Dollars and Zero Cents ($200,000.00) ("Funds") in accordance with provisions provided in this
Section 2; provided, however, that if there are not sufficient revenues in the TIF Fund at such time, the
financial obligations of the Board to City under this Agreement will be carried forward without interest to
the next fiscal year of the TIF District in which there are sufficient revenues in the TIF Fund to satisfy such
obligations. In no event will the Board pay City any portion of the Funding in excess of Funds.
2.2 Reimbursement.
All costs incurred pursuant to the Project will be advanced and paid for by City and will not, in any
event, be paid by the Board except as a reimbursement to City in accordance with this Agreement. Prior
to the any reimbursement, the City will provide an invoice with supporting documentation to the TIF
administrator in the City's Economic Development Department including the plan as set for the Request
for Proposal for the Project in order to demonstrate that the Project is complete. The TIF accountant in the
City's Economic Development Department or other staff as designated by the Director of the City's
Economic Development Department will be responsible for issuing any reimbursement. Under no
circumstances will the City transfer funds without prior written approval of both the TIF administrator and
TIF accountant.
2.3 TIF Fund Contributions.
The Board acknowledges and consents to the transfer from the TIF Fund of up to the total amount
of the Funds, in whole or in part, to the funds or accounts of the City that will be used to pay for the costs
of the Project.
2.4 Limited to Available TIF Funds.
Notwithstanding anything to the contrary herein, City understands and agrees that the Board will
be required to pay the Funds only from available revenues in the TIF Fund that are attributable solely to tax
increment (as defined in Section 311.012 of the Texas Tax Code) generated annually from property located
in the TIF District and deposited into the TIF Fund in accordance with the TIF Act.
2.5 Priority of Pavment.
Notwithstanding anything to the contrary herein, City understands and agrees that any obligation
of the Board to pay all or any portion of the Reimbursement Amount will be subject and subordinate to the
Board's right to retain reserves in the TIF Fund in any fiscal year to meet all existing contractual obligations
of the Board. Specifically, and without limiting the generality of the foregoing, the following payments, as
obligated by the following existing contractual obligations, will have priority over payment by the Board
of all or any portion of the Reimbursement Amount:
a. Mason Heights Mixed -Use Project
3. TERM.
The term of this Agreement will be effective upon full execution of this Agreement is upon the earlier
of (i) the complete performance of all obligations and conditions precedent by the Board and City;
(ii) termination by either the Board or City as permitted by this Agreement; or (iii) termination of the TIF
District in accordance with Section 311.017 of the TIF Act.
Agreement for East Berry Corridor Study TIF Funding Agreement
between TIF District East Berry TIF and City of Fort worth
Page 2 of 5
4. SUCCESSORS AND ASSIGNS.
City may not assign its rights or obligations under this Agreement to any other party without the
advance written approval of the Board, which may be withheld at the Board's discretion. This Agreement
will be binding on and inure to the benefit of the parties, their respective successors and assigns.
5. NOTICES.
All written notices called for or required by this Agreement must be addressed to the following, or
such other party or address as either party designates in writing, by certified mail, postage prepaid, or by
hand delivery:
Board:
Board of Directors
East Berry Renaissance TIF
Attn: Director of Economic Development
1150 South Freeway
Fort Worth, TX 76102
6. VENUE AND CHOICE OF LAW.
City:
Assistant City Manager
200 Texas Street
Fort Worth, Texas 76109
This Agreement will be construed in accordance with the laws of the State of Texas and applicable
ordinances, rules, regulations or policies of the City. Venue for any action under this Agreement will lie in
the State District Court of Tarrant County, Texas or the United States District Court for the Northern District
of Texas, Fort Worth Division. This Agreement is performable in Tarrant County, Texas.
7. COMPLIANCE WITH LEGAL REOUIREMENTS.
This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and
regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended,
and violation of the same constitutes a default under this Agreement. In undertaking any work in
accordance with this Agreement, City, its officers, agents, servants, employees, contractors and
subcontractors must comply with all federal, state and local laws and all ordinances, rules and regulations
of the City, as such laws, ordinances, rules and regulations exist or may hereafter be amended or adopted
(collectively, "Legal Requirements").
8. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions will not in any way be affected or impaired.
9. COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which will be deemed an
original and constitute one and the same instrument.
Agreement for East Berry Corridor Study TIF Funding Agreement
between TIF District East Berry TIF and City of Fort worth
Page 3 of 5
10. CAPTIONS.
The captions to the various clauses of this Agreement are for informational purposes only and will
not alter the substance of the terms and conditions of this Agreement.
11. 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 will not constitute a waiver of that party's right to insist upon
appropriate performance or to assert any such right on any future occasion.
12. GOVERNMENTAL POWERS.
It is understood that by execution of this Agreement, neither the Board nor the City waives or
surrenders any of their governmental powers or immunities.
13. FORCE MAJEURE.
It is expressly understood and agreed by the parties to this Agreement that if the performance of
any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather,
governmental restrictions, regulations, or interferences, unreasonable delays by the City in issuing any
permits or certificates of occupancy or conducting any inspections of or with respect to the Project (based
on the amount of time that the City customarily requires in undertaking such activities and based on the
then -current workload of the City department(s) responsible for undertaking such activities), or delays
caused by unforeseen construction or site issues, fire or other casualty, court injunction, necessary
condemnation proceedings, acts of the other party, its affiliates/related entities and/or their contractors, or
any actions or inactions of third parties or other circumstances which are reasonably beyond the control of
the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of
whether any such circumstance is similar to any of those enumerated or not, the party so obligated or
permitted will be excused from doing or performing the same during such period of delay, so that the time
period applicable to such design or construction requirement will be extended for a period of time equal to
the period such party was delayed.
14. BOARD REPRESENTATIVE.
City understands and agrees that, in addition to the Administrator, the Board, in its sole discretion,
may also appoint certain City staff members, a City department or another entity to serve as its
representative in carrying out any or all of the responsibilities of the Board hereunder, and that references
to "the Board" in this Agreement mean the Board in its entirety or any such designated representative.
15. NO THIRD PARTY RIGHTS.
This Agreement is solely for the benefit of the parties hereto and is not intended to create or grant
any rights, contractual or otherwise, to any other person or entity.
Agreement for East Berry Corridor Study TIF Funding Agreement
between TIF District East Berry TIF and City of Fort worth
Page 4 of 5
This Agreement, including any exhibits attached hereto and any documents incorporated herein by
reference, contains the entire understanding and agreement between the Board and the City, their assigns
and successors in interest, 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.
This Agreement will not be amended unless executed in writing by both parties and approved by the Board
in an open meeting held in accordance with Chapter 551 of the Texas Government Code.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed effective as of
the Effective Date.
BOARD OF DIRECTORS OF TAX
INCREMENT REINVESTMENT
ZONE NUMBER TWELVE, CITY OF
FORT WORTH, TEXAS:
By: Chris Nettles (Dec 19, 202216:49 CST)
Chris Nettles
Chair
TIF 12 Resolution No. 12-2022-01
Date of Board Approval: June 1, 2022
CITY OF FORT WORTH, TEXAS
a Texas municipality
By: William Johnson (De 2022 08:58 CST)
William Johnson
Assistant City Manager
M&C No: 22-0689
Date: 9/13/2022
Contract Compliance Managers:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
A-Urto C&ff'it� Mary Ellioll'
Martha Collins (Nov 29, 202215:19 CST) Mary Elliott (Nov 30, 202214:07 CST)
Martha Collins Mary Elliott
TIF 12 Administrator Transportation Manager
Economic Development Transportation & Public Works
APPROVED AS TO FORM AND LEGALITY:
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Tyler Wallach
Assistant City Attorney
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By: Jannette S. Goodall (Jan 6, 202312:03 CST)
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City Secretary
OFFICIAL RECORD
CITY SECRETARY
Agreement for East Berry Corridor Study TIF Funding Agreement
between TIF District East Berry TIF and City of
Fort Worth FT. WORTH, TX
Page 5 of 5
1 /6/23, 11:49 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 9/13/2022 REFERENCE NO.: **M&C 22-
0689
LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FoRTWoRm
20BERRY STREET
CORRIDOR STUDY
ME
SUBJECT. (CD 5, CD 8, and CD 9) Adopt Appropriation Ordinances for the East Berry Street
Corridor Project in the Collective Amount Up to $700,000.00 and Authorize Execution of a
Tax Increment Financing Development Agreement with Tax Increment Reinvestment Zone
Number Twelve -East Berry Renaissance for an Amount Up to $200,000.00 and Amend
the Fiscal Years 2022-2026 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the General Capital Projects Fund in the amount of $500,000.00, from available funds for
the purpose of funding the East Berry Street Corridor project (City Project No. 104214);
2. Authorize execution of a Tax Increment Financing Development Agreement with Tax
Increment Financing Reinvestment Zone Number Twelve (East Berry Renaissance) for an
amount up to $200,000.00;
3. Adopt the attached appropriation ordinance increasing the estimated receipts and
appropriations in the Tax Increment Reinvestment Zone - General Capital Fund in the amount
of $200,000.00 transferred from the Tax Increment Reinvestment Zone Number Twelve -
East Berry Renaissance Fund, for the purpose of funding the Berry Street Corridor project
(City Project No. 104214); and
4. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
East Berry Street extends from IH-35W to Cravens Road, along the western shore of Lake Arlington.
The corridor project will include pre -engineering for a multi -modal, walkable mixed -use corridor. In
order to enhance connectivity and access to jobs and project delivery, it is essential to understand
community desires and any physical constraints, such as utility relocation. There are also
opportunities to leverage momentum and funding sources across the City and with State and Federal
partners.
On May 7, 2022, Fort Worth voters approved the 2022 Bond Program. Proposition A, Streets and
Mobility Infrastructure Improvements, includes $2.5 million in funding for implementation of the East
Berry Street Corridor improvements (City Project No. 104222) from IH-35W to Martin Luther King
Freeway (US 287). This corridor project will encourage complete streets design to enhance safety
and comfort for all users, support transit and provide necessary elements for swift capital delivery and
economic development.
On June 1, 2022, the Board of Directors for Tax Increment Financing Reinvestment Zone Number
Twelve (East Berry Renaissance) ("TIF") approved the expenditure of up to $200,000.00 to fund a
design and planning study along the East Berry Street Corridor. The City and the board of Directors
for the TIF will enter into an agreement whereby the City will be reimbursed for the study with TIF
funds.
Upon approval of this Mayor and Council Communication (M&C), all appropriations and funding will
be as summarized in the table below:
Fund Entity Appropriation Amount
apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30241 &cou nciIdate=9/13/2022 1 /2
1 /6/23, 11:49 AM
M&C Review
30100 General Capital Projects $500,000.00
30286 TIRZ - General Capital $200,000.00
The project will follow a four -step planning process, including public outreach, which will begin in
fall 2022. First, a needs assessment will be done to document existing conditions, such as traffic
counts, mode split, safety, access management, and other analysis. Second, concept development
will focus on cross -sections that specify cars, freight, transit, pedestrian and bicycle improvements.
The corridor will also benefit from public spaces for all -ages and community uses, parking
management, smart technologies, and street grid connections. Third, recommendations and
implementation strategies will address near -term, short-term (2-4 years), medium -term (5-10 years)
and long-term (11 plus years). Fourth, the final plan and project program will include a prioritized list
of capital projects with cost estimates and funding sources; as well as, proposed ordinances and
regulating plan.
Funding for this project was not included in the Fiscal Years 2022-2026 Capital Improvement
Program (CIP) because the project and funding sources were unknown at the time of its
development. This action in this M&C will amend the Fiscal Years 2022-2026 Capital Improvement
Program as approved in connection with Ordinance 25073-09-2021.
The East Berry Street Corridor is located in COUNCIL DISTRICTS 5, 8, AND 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified -All Funds
project within the General Capital Projects Fund and in the TIRZ #12-East Berry Renaissance
Fund and upon approval of the above recommendations and adoption of the attached appropriation
ordinances, funds will be available in the General Capital Projects Fund and the TIRZ-General Capital
Fund for the Berry Street Corridor Plan project. Prior to an expenditure being incurred, the
Transportation Public Works Department has the responsibility of verifying the availability of funds.
TO
Fund Department Account Project Program Activity
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for City Manaqer's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program I Activity
Budget Reference # Amount
Year (Chartfield 2)
Budget Reference # Amount
Year (Chartfield 2)
William Johnson (5806)
Lauren Prieur (6035)
Monty Hall (8662)
Mary Elliott (7844)
20BERRY STREET CORRIDOR STUDY 1.docx (CFW Internal)
20Berry Street Non Bond Scope FID updated.XLSX (CFW Internal)
ORD.APP20BERRY STREET CORRIDOR STUDY_30100 A022(r1).docx (Public)
ORD.APP20BERRY STREET CORRIDOR STUDY 30286 A022(r3).docx (Public)
TIF 12 presentation Berry Street June_2022.pdf (Public)
apps.cfwnet.org/council_packet/mc_review.asp?ID=30241 &counciIdate=9/13/2022 2/2
1 /6/23, 11:49 AM
M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 9/13/2022 REFERENCE NO.: **M&C 22-
0689
LOG NAME:
CODE: C TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FORT WORTH
20BERRY STREET
CORRIDOR STUDY
NO
SUBJECT. (CD 5, CD 8, and CD 9) Adopt Appropriation Ordinances for the East Berry Street
Corridor Project in the Collective Amount Up to $700,000.00 and Authorize Execution of a
Tax Increment Financing Development Agreement with Tax Increment Reinvestment Zone
Number Twelve -East Berry Renaissance for an Amount Up to $200,000.00 and Amend
the Fiscal Years 2022-2026 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the General Capital Projects Fund in the amount of $500,000.00, from available funds for
the purpose of funding the East Berry Street Corridor project (City Project No. 104214);
2. Authorize execution of a Tax Increment Financing Development Agreement with Tax
Increment Financing Reinvestment Zone Number Twelve (East Berry Renaissance) for an
amount up to $200,000.00;
3. Adopt the attached appropriation ordinance increasing the estimated receipts and
appropriations in the Tax Increment Reinvestment Zone - General Capital Fund in the amount
of $200,000.00 transferred from the Tax Increment Reinvestment Zone Number Twelve -
East Berry Renaissance Fund, for the purpose of funding the Berry Street Corridor project
(City Project No. 104214); and
4. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
East Berry Street extends from IH-35W to Cravens Road, along the western shore of Lake Arlington.
The corridor project will include pre -engineering for a multi -modal, walkable mixed -use corridor. In
order to enhance connectivity and access to jobs and project delivery, it is essential to understand
community desires and any physical constraints, such as utility relocation. There are also
opportunities to leverage momentum and funding sources across the City and with State and Federal
partners.
On May 7, 2022, Fort Worth voters approved the 2022 Bond Program. Proposition A, Streets and
Mobility Infrastructure Improvements, includes $2.5 million in funding for implementation of the East
Berry Street Corridor improvements (City Project No. 104222) from IH-35W to Martin Luther King
Freeway (US 287). This corridor project will encourage complete streets design to enhance safety
and comfort for all users, support transit and provide necessary elements for swift capital delivery and
economic development.
On June 1, 2022, the Board of Directors for Tax Increment Financing Reinvestment Zone Number
Twelve (East Berry Renaissance) ("TIF") approved the expenditure of up to $200,000.00 to fund a
design and planning study along the East Berry Street Corridor. The City and the board of Directors
for the TIF will enter into an agreement whereby the City will be reimbursed for the study with TIF
funds.
Upon approval of this Mayor and Council Communication (M&C), all appropriations and funding will
be as summarized in the table below:
Fund Entity Appropriation Amount
apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30241 &cou ncildate=9/13/2022 1 /2
1 /6/23, 11:49 AM
M&C Review
30100 General Capital Projects $500,000.00
30286 TIRZ - General Capital $200,000.00
The project will follow a four -step planning process, including public outreach, which will begin in
fall 2022. First, a needs assessment will be done to document existing conditions, such as traffic
counts, mode split, safety, access management, and other analysis. Second, concept development
will focus on cross -sections that specify cars, freight, transit, pedestrian and bicycle improvements.
The corridor will also benefit from public spaces for all -ages and community uses, parking
management, smart technologies, and street grid connections. Third, recommendations and
implementation strategies will address near -term, short-term (2-4 years), medium -term (5-10 years)
and long-term (11 plus years). Fourth, the final plan and project program will include a prioritized list
of capital projects with cost estimates and funding sources; as well as, proposed ordinances and
regulating plan.
Funding for this project was not included in the Fiscal Years 2022-2026 Capital Improvement
Program (CIP) because the project and funding sources were unknown at the time of its
development. This action in this M&C will amend the Fiscal Years 2022-2026 Capital Improvement
Program as approved in connection with Ordinance 25073-09-2021.
The East Berry Street Corridor is located in COUNCIL DISTRICTS 5, 8, AND 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified -All Funds
project within the General Capital Projects Fund and in the TIRZ #12-East Berry Renaissance
Fund and upon approval of the above recommendations and adoption of the attached appropriation
ordinances, funds will be available in the General Capital Projects Fund and the TIRZ-General Capital
Fund for the Berry Street Corridor Plan project. Prior to an expenditure being incurred, the
Transportation Public Works Department has the responsibility of verifying the availability of funds.
Fund I Department
Account I Project
Program Activity Budget
Reference # Amount
ID
ID
Year
(Chartfield 2)
FROM
Fund Department
Account Project
Program Activity Budget
Reference # Amount
ID
ID
Year
(Chartfield 2)
Submitted for City Manaqer's Office by_
William Johnson (5806)
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Lauren Prieur (6035)
Monty Hall (8662)
Mary Elliott (7844)
20BERRY STREET CORRIDOR STUDY 1.docx (CFW Internal)
20Berry Street Non Bond Scope FID updated.XLSX (CFW Internal)
ORD.APP20BERRY STREET CORRIDOR STUDY 30100 A022(r1).docx (Public)
ORD.APP20BERRY STREET CORRIDOR STUDY 30286 A022(r3).docx (Public)
TIF 12 presentation Berry Street June 2022.pdf (Public)
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