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HomeMy WebLinkAboutContract 41898 CITY SECRETARY , & CONTRACT NO. 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. C. Pursuant to Section 311.013(f) 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. EOFFICIAL RECORD ollegc ui,tnct Participation Agreement CRETARY re 'A oodha�en 1 11 Page I RTHS T 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 17889-11-20070 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 rc: \AoodhaNen I IF 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 Proiect 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 l ollege District Participation Agreement re: woodha�en Ill Pugc 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 woodha�en I IF 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: College District: City of Fort Worth Tarrant County College District Attn: City Manager Attn: Chancellor 1000 Throckmorton 1515 Houston Street Fort Worth, TX 76102 Fort Worth, TX 76102 with copies to: the City Attorney and Economic/Community 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 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 TII- 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. (ollege District Participation Agrecment re: w oodhaNcn 111 Page 6 EXECUTED as of the later date below: CITY OF FORT WORTH,TEXAS: - TARRANT COUNTY COLLEGE DISTRICT: By: By: \.g I Sus Alanis Erma Johnso adley Assistant City Manager Chancellor Date: I I Z f Date: ATTEST: t 0 o 000� J By a g Marty Hendrix {1 00 o City Secretary ¢� o0 0° 01 oo 0o 00000000 !J APPROVED AS TO FORM/LEGALITY: ��a�nn E B y: Leann D. Guzman Assistant City Attorney M&C: v OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX Collcgc District Participation Agrccnient re: "oodha�en Ill Page 7 i 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, j CITY OF FORT WORTH, TEXAS"; CREATING A BOARD OF DIRECTORS FOR THE ZONE; PROVIDING THE EFFECTIVE AND TERMINATION DATES FOR THE ZONE; ESTABLISHING j 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 fmancing 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 Plans"); and Page I 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 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 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 i finds that development of the Zone will not occur solely through private i 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 unit wishes to waive its right to appoint a member, the City Council shall appoint whatever number of members are necessary to fill the remaining positions on the Board. Such members may be members of the City Council. Section 4. TERM OF ZONE. That the Zone shall take effect 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 i 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 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 Fort Worth,Texas i receipt b the City of an portion of such tax increment. The TIF Fund shall be P Y tY Y P 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. EMN[EDIATE 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 i AND IT IS SO ORDAINED. ADOPTED AND EFFECTIVE:November 27,2007 APPROVED AS TO FORM AND LEGALITY: Milli A By Bann Guzm 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 i I EXIUBTT"A" i DESCRIPTION AND DEPICTION OF THE ZONE i 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 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. 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, Texas; THENCE with said line,North, some 260 feet to its northwest comer: THENCE with the north line of said tract, South 86 degrees 30 minutes East, some 560 feet,to the southeast comer 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 comer 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 comer 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 comer 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 comer 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 I I� 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 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; 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 ri ght-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 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; 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 16; 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 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 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 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; 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." Ordinance Designating Tax Increment Reinvestment Zone Number Eleven, City of Fort Worth,Texas i � g 0 �. 'Y �g 4� .�♦Jy ,revmn � �oeirs�iee�m r� towoe 4" 1p NOW _J Aku.no MMBY IMMUR _ SA C� IONN.MJ 1 /r 14NiRp Q ■amcR �iu�riMaw� Mohwr �r�r"`~�—�— �1a,.n: =.fmuW tov_ M �,r. - ^' fl�l•� Ir• Ordinance Designating Tax Increment Reinvestment Zone Number Eleven, City of Fort Worth,Texas i 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 I� FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. i TO Fund/AccountlCenters FROM Fund/Account/Centers Submitted for City Manager's Office by: Dale Fisseler(6140) Originating Department Head: Tom Higgins (6192) Additional Information Contact: 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(f) 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 A2?�day of 2011. TARRANT COUNTY COLLEGE DISTRICT ,1 By: 1 Printe ame: ---1r-- Title: President, Board of Trustees Page I of 2 ATTEST.• Printed Name: jK Title: Secretary, Board of Trustees #641560.1 Page 2 of 2