HomeMy WebLinkAboutContract 41899 CITY SECRETARY`�r T)
CONTRACT NCI.
AGREEMENT TO PARTICIPATE IN
TAX INCREMENT REINVESTMENT ZONE NUMBER TWELVE,
CITY OF FORT WORTH,TEXAS
(EAST BERRY RENAISSANCE TIF)
This AGREEMENT TO _PARTICIPATE IN TAX INCREMENT
REINVESTMENT ZONE NUMBER TWELVE, 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 July 18, 2006, the City Council of the City ("City Council") adopted
City Ordinance No. 17061-07-2006 designating certain real property located in the
southeastern portion of the City in the vicinity of the East Berry and Riverside Drive
intersection as Tax Increment Reinvestment Zone Number Twelve, City of Fort Worth,
Texas, (the "TIF District"). The TIF District is informally known as the "East Berry
Renaissance TIF". Ordinance No. 17061-07-2006 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
East Berry 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.
(ollegc District Participation ,Ngreei„cn„ � OFFICIAL RECORD
i3crr, S«ect rug I CITY SECRETARY
Pagc i
FT. WORTH, TX
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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.
Proiect Plan means the project plan for the development and/or redevelopment of
the TIF District, as adopted by the TIF Board and approved by the City Council of the
City.
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.
17061-07-2006.
TIF District means the certain real properties and boundaries as described in City
17061-07-2006.
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, 2006 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. 17061-07-2006, 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. 17061-07-2006, 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
Collegc District Participation Agreement
rc. Berm Street III
Page
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. Bern_ .Street 1 11
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.
4.5 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, 2027 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 I 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.
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
College District Participation:Ngrccment
re. Bern Sweet 111
Page 4
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.
12. FORCE MAJEURE.
College District Participation Agreement
rn
re: Fe Street 111
Page 5 .
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: RerrN Street
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EXECUTED as of the later date below:
CITY OF FORT WORTH,TEXAS: TARRANT COUNTY COLLEGE
DISTRICT:
B Q,Qj , K
y� By: ,
Sus n Alanis Erma Johnson adley
istant City Manager Chancellor
Date: 1, Date:
a a FOi 00
ATTEST: p�o� o
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�p 6 Y
By. Ma H � o° oo
Marty Hendrix o " ad
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�CM41450�0
City Secretaryt4 a°
APPROVED AS TO FORM/LEGALITY:
By: �.
eann D. Guzman
Assistant City Atforney
M&C: ��
FRECORD RETARY TNf TX
College District Participation,agreement
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Pagc 7
ORDINANCE NO. 17061-07-2006
AN ORDINANCE DESIGNATING A CERTAIN CONTIGUOUS
GEOGRAPHIC AREA IN THE CITY OF FORT WORTH AS "TAX
INCREMENT REINVESTMENT ZONE NUMBER TWELVE,
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 May 12. 2006 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 unit that levies taxes on real property in the Zone, as required by Section
II 1.003(h)of the Code(the "Preliminary Plans"). and
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WHEREAS, in accordance with Section 311.003(t) of the Code. on June 13,
2006 the City made a single fonnal 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 July 18, 2006 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)
oNvners, 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 July 10, 2006, 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:
i"J'e
1 Irdinanke Dc,ignaiirw I L-,hi�rerncnt Rein%c�unent/onc Number I rkel%e.
1 iIN A I on 'A orih. I CVLS
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 of ording 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 604 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-five years.
1.4. 'rhe Zone contains a substantial number of substandard and deteriorating
apartments and other structures in need of demolition. Certain properties located
in the Zone will require environmental remcdiation before new development can
occur.
1.5. The Zone lacks essential infrastructure to sustain viable development, including
but not limited to, ,,Nater, sewer, drainage, roads and sidewalks. Existing
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infrastructure was constructed over fifty years ago and will not support additional
development.
1.6. Based on the facts set forth in Sections 1.3, 1.4 and 1.5 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 finds that development of the Zone will not occur solely through private
investment in the foreseeable future.
1.7. 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.
t.8. 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.
1.9. 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.
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1.10. 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.
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'l-weive, 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 (1 1)members who shall serve for terms of two (22)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
he members of the City Council.
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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, 21027 or an earlier termination date
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 311.01 2(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, 2006, which is the year in which the Zone was designated as a
reinvestment 7-one.
Section 6.
TAX INCREMENT FUND.
a tax increment fund for the Zone (the "TIF Fund") is hereby established.
The 'FIF 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 'I'll' Fund pursuant to an agreement with the City authorized by Section
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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
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.
SEVE%,kBILITY.
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 I pe 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.
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Section 9.
IMMEDIATE EFFECT.
That this Ordinance shall take effect and be in full force and effect from and after
its adoption,
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: July 18 2006
APPROVED AS TO FORM AND LEGALITY:
By:...... f��
Peter Vaky
Assistant City Attorney
Date: 7-11-,O,k
M&C: Q-15299
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)rdinance lax Increment Keinvcsnnent/one Number I uelve.
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EXHIBIT "A"
DESCRIPTION AND DEPICTION OF THE ZONE
The tracts to be designated as Tax Increment Reinvestment Zone Number Twelve. 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:
Being a parcel of]and out of, the J. I luie Survey,Abstract Number 669, the G. Hartzog
Survey, Abstract Number 697,the J. Justice Survey, Abstract Number 859, the S.P.
Loving Survey,Abstract Number 943,the W.R. Loving Survey,Abstract Number 948,
the R.R. Ramey Survey, Abstract Number 1342, the A. Stinson Survey,Abstract
Number 1413,the A. Thompson Survey,Abstract Number 1499, and the E.S. Terrell
Survey,Abstract Number 1527,situated in the City of Fort Worth,Tarrant County and
being more particularly described by metes and bounds as follows:
BEGINNING at the intersection of the East right-of-way of Interstate Highway 35W and
the North right-of-way of the T&P Railroad,
THENCE: with the East right-of-way of said Interstate Highway 35W,North to the
Southwest comer of Lot 16, Dobbins Subdivision;
THENCE: with the South line of said Dobbins Subdivision,East to the Southeast
comer of Lot 9,being in the West right-of-way of Evans Avenue;
THENCE: South with the West right-of-way of said Evans Avenue to the projected
intersection of the South line Block 3,Momingside Terrace Addition with
said West right-of-way;
THENCE: East with the South line of said Block 3 to and along the South line of
Block 2, Momingside'rerrace Addition,to the East right-of-way of
Mississippi Avenue;
THENCE: with the East right-ofway of said Mississippi Avenue, North to the
intersection of said East right-of-way and the South right-of-way of Glen
Garden Drive,
THENCE: with the South right-of-way of said Glen Garden Drive to the
Southwesterly right-ot'-way of Old Mansfield Road-,
THENCE: with the Southwesterly right-of-way of said Old Mansfield Road.
Southeasterly to the intersection of the Southwesterly right-of-way of said
Old Mansfield Road and the Northwesterly right-of way of East Berry
Street;
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THENCE: with the Northwesterly and North fight-of-way of said East Berry Street.
NortheasterIv and East to the intersection of the North fight-of-way of said
East BeM, Street and the Southwesterly right-of-way of Vaughn
Boulevard -.
THENCE: Southeasterly with the Southwesterly fight-of-way of said Vaughn
Boulevard,and Southeasterly to the intersection of said Southwesterly
right-of-way of Vaughn Street and the Northwesterly fight-of-way of
Wichita Street;
THENCE: with the Northwesterly right-of-way of said Wichita Street, Southwesterly
and South to the Southeast comer of the Masonic Home School Addition;
,THENCE: with the South line of said Masonic Home School Addition, West to its
Southwest comer and the Easterly right-of-way of Mitchell Boulevard;
THENCE: with the Westerly line of said Masonic Home School Addition and the
Easterly right-of-way of said Mitchell Boulevard,Northwesterly and
North to the intersection of the East right-of-way of said Mitchell
Boulevard and the South right-of-way of said East Berry Street and the
Northwest comer of said Masonic Home School Addition,
THENCE: with the South and Southeasterly fight-of-way of East Berry Street, West
and Southwest to the intersection of the Southerly right-of-way of East
Berry Street and the Southwesterly right-of-way of said Old Mansfield
Road;
THENCE: with the Southwesterly right-of-way of said Old Mansfield Road,
Southeast to the Northeast comer of Block 4,O.D Wyatt Addition;
THENCE: West. Northwest,and Southwest with the North line of said Block 4 to the
Northerly right-of-way of Briardale Road;
THENCE: with said North right-of-way of Briardale Road, West to the Southeast
comer of Block 18, Rolling Hills Addition;
THENCE: with the East line of said Block 18,North to its Northeast comer;
THENCE: with the North line of said Block 18. West to its Northwest comer;
THENCE: with the Westerly line of said Block 18, Southwesterly to the Southwest
comer of said Block 18 and the Northwesterly right-of-way of said
l3riardale Road:
THENCE: with the Northwesterly right-of-way of said Briardale Road,
Southwesterly to the East comer of Block 17. Rolling Hills Addition-,
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THENCE: with the Northeasterly line of said Block 17.Northwesterly to its North
most Northeast comer;
THENCE: with the North and Northwesterly line of said Block 171, West and
Southwesterly to the Northwest comer of said Block 17,the Southwest
comer of a 2.54 acre tract of land out of the S.P. Loving Survey,Abstract
Number 943, as conveyed to the International Association of Black
Professional Fire Fighters as recorded in Volume 14013, Page 423, Deed
Records,Tarrant County' Texas, and the East fight-of-way of South
Riverside Drive,
THENCE: with the East right-of-way of said South Riverside Drive and the West line
of said 2.54 acre tract of land,North to the Northwest comer of said 2.54
acre tract of land;
THENCE: Northwesteriv to the West riglit-of-way of said South Riverside Drive,the
Southeast corner of a 0.03 acre tract of land out said J.P. Loving Survey;
THENCE: with the South line of said 0.03 acre tract of land, West to the East most
comer of Lot 4, Berry Industrial Park Addition;
,THENCE: with the meanders of the South line of said Lot 4, Southwesterly Westerly
,1 1
and Northwesterly to the West line of said Lot 4 and the East right-of-way
of Yuma Street;
THENCE: with the East right-of-way of said Yuma Street, South to the Southeast
comer of said right-of-way and the North line of a 5.65 acre tract of land
out of said J.P. Loving Survey;
THENCE: with the North line of said 5.65 acre tract of land, East to the Northeast
comer of a 16.50 acre tract of land out of said J.P. Loving Survey and the
West comer of Block 2, River Bend Condos:
THENCE: with the Northeasterly line of said 16.50 acre tract of land and the
Southwesterly line of said Block 2, Southeast to the Southwest comer of
said Block 2 and the Northwest comer of a 1.27 acre tract of land out of
said J.P. Loving survey as conveyed to Sininian Development in Volume
16020, Page 132, Deed Records, Tarrant County, Texas;
THENCE: with the South line of said Block 2 and the North line of said 1.27 acre
tract of land, East to the Southeast comer of said Block 2, the Northeast
comer of said 1.27 acre tract of land and the West right-of-way of said
South Riverside Drive.
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THENCE: with the Fast line of said 1.27 acre tract of land,and the West right-of-way
of said South Riverside Drive. Southeasterly to the Northeast comer of
Block A. Grace Temple Addition;
THENCE: with the North line of said Block A, West to the Northeasterly right-of-
way of theT&P Railroad;
THENCE: with the Northeasterly right-of-way of saidT&P Railroad,Northwesterly
to the intersection of the said Northeasterly right-of-way of the T&P
Railroad and the West right-of-way of the International & Great Northern
Railroad,and the Southeast comer of Lot 36,Block 4, Morningside Park
Addition;
THENCE: with the Westerly right-of-way of said International&Great Northern
Railroad and the Southeasterly line of said Block 4, Morningside Park
Addition, Northeasterly to the South comer of the John Randol Addition;
THENCU with the East line of said Block 4, Momingside Park Addition and the
West line of said Block 2,John Randol Addition,North to the Northwest
comer of said Block 2,and being in the West right-of-way of Mississippi
Avenue;
THENCE: with the East line of said Block 4,Morningside Addition and the West
right-of-way of said Mississippi Avenue,North to the North most
Northeast comer of Lot 5, said Block 4,Morningside Addition and the
South right-of-way of an alley;
THENCE: with the South right-of-way of said alley, West to the Northwest comer of
Lot 1, Block 2, said Morningside Park Addition, and the East right-of-way
of Evans Avenue;
THENCE: West to the West right-of-way of said Evans Avenue,the Southeast comer
of Lot 1, Block A, and the Northeast comer of Lot 1, Block 1. said
Morningside Park Addition, I
THENCE: with the South line of said Lot 1. Block A,and the North line of said Lot
1, Block 1. West to the Northwest comer of said Lot 1, Block 1;
THENCE: with the West line of said Block 1, Morningside Park Addition. South to
the North right-of-way of saidT&P Railroad;
THENCE: with the North right-of-way of said'T&P Railroad. Northwesterly to the
place of beginning, and containing some 3.970 acres of land.
Note: This exhibit prepared under 22 TAC§663.2 1,does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interest in real property except those rights and interest implied
by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
i irdinancc I)esi,znaung lax InCTCmeni Reinvestment/one Numher I-IcN en.
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City of Fart Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 711812006 -Ordinance No. 17061-07-2006
DATE: Tuesday, July 18, 2006
LOG NAME: 17TIF12EBERRY REFERENCE NO.: G-16299
Sl!(UE, :_
Adopt Ordinance designating Tax Increment Reinvestment Zone Number 12, City of Fort Worth,
Texas(East Berry Renaissance TIF)
RECO 1MENf AT#.QN
It is recommended that the City Council:
1. Hold a public hearing concerning the designation of Tax Increment Reinvestment Zone Number 12,
City of Fort Worth, Texas for tax increment financing purposes, and
2. Adopt the attached ordinance which designates Tax Increment Reinvestment Zone Number 12, City of
Fort Worth, Texas pursuant to Tax Increment Financing Act, Texas Tax Code, Chapter 311 (the Act) and
contains specific findings of fact in support thereof..
DI G.:t1: ,$JON
The proposed Tax Increment Reinvestment Zone Number 12, City of Fort Worth, Texas being referred to as
the East Berry Renaissance TIF (the TIF), is located on approximately 604 acres of land in southeast Fort
Worth in Council District 8. The property is bounded by Glen Garden Drive on the northernmost boundary,
State Highway 287 on the easternmost boundary, Riverside Drive east of Ripy Street on the southernmost
boundary and interstate Highway 36 frontage road on the westernmost boundary. The exact boundaries of
the property are described in Exhibit A of the attached ordinance. This area includes major intersections
such as Riverside and Berry and Berry and Mitchell, and it also includes the Masonic Home of Texas
School property, The TIF will expire on December 31, 2027 or the earlier date as of which all project costs
have been paid.
The TIF is intended to help fund public infrastructure improvements along the East Berry Street Corridor,
including water, sewer, drainage, roads and sidewalks associated with mixed-use development. In addition,
demolition, environmental remediation and all expenses allowable under the Tax Increment Financing Act
are contemplated as needed for area of the TIF Zone identified as ripe for new or redevelopment. The
ordinance provides that the City will contribute 100° 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 finds of fact contained 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
1.ogname: 17111.121:13F:RRY Page I ut'2
—---------- —------- —------
substantially impairing and arresting and contains the sound growth of the City.
This property is located in COUNCIL DISTRICT 8.
FISCAL I-INIFP-R-MATII-Q-NjCgRTISCA-TIQN,:
The Finance Director certifies that this action will have no material effect on City funds.
T FP-nd1A-i;Po tj 00knt-wro FIR Q M-F
$vkrr(Wed,for Dale Fisseler(6140)
Tom Higgins(6192)
Act0MPnaI(JWfo-rmA0Qq Ossana 0. Hermosillo (8618)
Peter Vaky (7601)
1,ogname: 17111`121-BERRY Page 2 ot'2
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE TARRANT COUNTY COLLEGE DISTRICT
AUTHORIZING PARTICIPATION IN TAX INCREMENT
REINVESTMENT ZONE NUMBER TWELVE, CITY OF FORT WORTH,TEXAS
(EAST BERRY RENAISSANCE TIF)
WHEREAS, on July 18, 2006, the City Council of the City of Fort Worth ("City Council")
adopted City Ordinance No. 17061-07-2006 designating certain real property located in the
southeastern portion of the City of Fort Worth (the "City") in the vicinity of the East Berry and
Riverside Drive intersection as Tax Increment Reinvestment Zone Number Twelve, City of Fort
Worth, Texas, (the "TIF District"). The TIF District is informally known as the "East Berry
Renaissance TIF".
designation ot the theTIF 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 East Berry 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, 2006 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. Twelve, City of Fort Worth, Texas
("East Berry Renaissance 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.
Page I of 2
ADOPTED AND APPROVED this a1 day of ' 2011.
TARRANT COUNTY COLLEGE DISTRICT
By:
Print Name: -:Is.e. �4jclsvJ
Title: President, Board of Trustees
A TTEST.
Printed Name:
Title: Secretary, Board of Trustees #641568.1
Page 2 of 2