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HomeMy WebLinkAboutResolution - 2010-R0144 - High Plains Underground Water Conservation Participation In Business Park TIF - 03/25/2010Resolution No. 2010-RO144 March 25, 2010 Item No. 5.20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and High Plains Underground Water Conservation District to Participate in the Lubbock Business Park Tax Increment Financing Reinvestment Zone. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on March 25, 9 2010. TOM MARTIN, MAYOR ATTEST: Rebe .a Garza, City Secretary APPROVED AS T CONTENT: Rob Allison,7�-ssistfy Manager For Development Services APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney City Att.' Linda: Res -LBP TIF Interlocal with Water Dist. March 9, 2010 Resolution No. 2010—RO144 CITY OF LUBBOCK AND HIGH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT AGREEMENT TO PARTICIPATE IN THE LUBBOCK BUSINESS PARK TAX INCREMENT FINANCE REINVESTMENT ZONE This AGREEMENT is made and entered into by and between the City of Lubbock, (the "CITY"), a municipal corporation, and High Plains Underground Water Conservation District (the "WATER DISTRICT"), a political subdivision of the State of Texas, pursuant to the authority granted by and in compliance with the provisions of the Tax Increment Financing Act, V.T.C.A., Tax Code, Chapter 311, and in furtherance of the purposes of these parties as provided by law. WITNESSETH: WHEREAS, in accordance with the provisions of the Tax Increment Financing Act, V.T.C.A., Tax Code, Chapter 311, (the "Act") and after due notice to the WATER DISTRICT and other taxing units levying real property taxes in the area, the City Council of the CITY, pursuant to Ordinance No. 2009-00113 (the "Ordinance"), adopted on December 16, 2009, created, established and designated the Lubbock Business Park Tax Increment Finance Reinvestment Zone No. 3 ("LBP TIF Reinvestment Zone") under the Act; and WHEREAS, the Act provides that each taxing unit levying taxes on real property in a reinvestment zone is not required to pay into the tax increment fund any of its tax increment produced from property located in the LBP TIF Reinvestment Zone unless such taxing unit enters into an agreement to do so with the governing body of the municipality that created the zone; and WHEREAS, a tax increment agreement under the Act may be entered into any time before or after the zone is created, and such agreement may include any conditions for payment of the tax increment into the fund and must specify the portion of the tax increment to be paid into the Tax Increment Fund and the years for which that tax increment is to be paid into the Tax Increment Fund; NOW, THEREFORE, the CITY and the WATER DISTRICT, in consideration of the terms, conditions, and covenants contained herein, agree as follows: City and High Plains Water District Interlocal LBP TIF Agreement Page 1 Section 1. Definitions. a. "Act" means V.T.C.A., Tax Code, Chapter 311, the Tax Increment Financing Act, as amended. b. "Captured Appraised Value" means the total net taxable appraised value of the property located within the TIF District for the year less the Tax Increment Base of the TIF Taxing Units. C. "Project Plan" means the project plan and a reinvestment zone financing plan prepared in accordance with Section 311.011, Texas Tax Code, as approved by the CITY, and the LBP TIF Reinvestment Zone Board of Directors. d. "TIF District" means the Lubbock Business Park Tax Increment Finance Reinvestment Zone, No. 3, City of Lubbock, Texas, established by the Lubbock City Council, Ordinance No. 2009-00113, on December 16, 2009. e. "TIF Taxing Units" means those political subdivisions of the State of Texas authorized to impose ad valorem taxes on property located within the LBP TIF Reinvestment Zone. f. "Tax Increment" means, for any given year, the amount of real property taxes levied and collected by the WATER DISTRICT for the year on the Captured Appraised Value of taxable property located in the TIF District. g. "Tax Increment Base" means the total appraised value of all real property located in the LBP TIF Reinvestment Zone that is located in and taxable by the WATER DISTRICT as of January 1, 2009, the year in which the LBP TIF Reinvestment Zone was designated, plus the total appraised value of all real property taxable by the WATER DISTRICT and annexed to the LBP TIF Reinvestment Zone with the consent of the WATER DISTRICT, determined as of January 1 of the year in which the area was annexed to the LBP TIF Reinvestment Zone. 11. "Tax Increment Fund" means the fund created by Ordinance 2009-00113 and consisting of all the Tax Increment deposits, all revenues from the sale of tax increment bonds or notes, revenues from the sale of any property acquired as part of the Project Plan and Reinvestment Zone Financing Plan, and other revenues to be used in the development or redevelopment of the LBP TIF Reinvestment Zone. w. "Total Tax Increment" shall mean the cumulative total amount of Tax Increment to be paid into the Tax Increment Fund by the WATER DISTRICT during the term of this Agreement, City and High Plains Water District Interlocal LBP TIP Agreement Page 2 Section 2. WATER DISTRICT Obligations. The WATER DISTRICT hereby agrees to authorize the Lubbock Central Appraisal District (LCAD) to pay to the CITY for deposit into the Tax Increment Fund, an amount equal to one hundred percent (100%) of the Tax Increment levied against the captured appraised value of the real property taxable by the WATER DISTRICT and located in the LBP TIF Reinvestment Zone, not to exceed the Total Tax Increment, as defined, or until the thirty (30) year Term of this agreement is reached, except the following: a. Any funds which were levied by the WATER DISTRICT but were not collected, b. Any fitnds equal to tax refunds repaid by the WATER DISTRICT to taxpayers owning real property in the LBP TIF Reinvestment Zone, C. Any funds which represent penalty, interest or attorney's fees on any delinquent tax payments made to the WATER DISTRICT by taxpayers owning real property in the LBP TIF Reinvestment Zone, d. Any taxes uncollected by the WATER DISTRICT due to agriculture or other exemptions. Payment of such amount by LCAD on behalf of the WATER DISTRICT will be made within 90 days of date of delinquency for tax payments as prescribed by state law, or within 60 days following receipt of an invoice from the city, whichever is later. Any portion of the tax increment that is uncollected by LCAD on behalf of the WATER DISTRICT and withheld in accordance with this section but subsequently collected for the WATER DISTRICT shall be paid to CITY within 60 days of receipt. Section 3. Conditions. This Agreement to deposit Tax Increment to the Tax Increment Fund for the Reinvestment Zone is based on the following conditions, and the CITY agrees and acknowledges the WATER 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: a. Only project costs for public improvements within the LBP TIF Reinvestment Zone are to be paid with the Tax Increment, and b. In the case of the Tax Increment deposited to the credit of the Tax Increment Fund by the WATER DISTRICT, such Project Costs shall be limited to pay Project Costs for Infrastructure Improvements and other Public Improvements as set forth and identified in the Project Plan and Financing Plan. Section 4. CITY and LBP TIF Reinvestment Zone Obligations. City and High Plains Water District Interlocal LBP TIF Agreement Page 3 a. CITY hereby agrees to place the funds paid by LCAD on behalf of the WATER DISTRICT, as determined in Section 311.012 of the Act, into the Tax Increment Fund to be utilized in the "LBP TIF Reinvestment Zone" for expenses authorized in Project Plan or the Act. The Project also includes eligible government and educational expenses and facilities, and direct costs properly chargeable under the Act and generally accepted accounting principles for the administration of the LBP TIF Reinvestment Zone, including pro rata direct cost of any employee that works exclusively on TIF projects and administration. b. After all Project Costs have been paid or at the time of the termination of this Agreement, the CITY shall prepare and provide the WATER DISTRICT with a final accounting of the funds deposited to and disbursed from the Tax Increment Fund. c. Any funds remaining in the Tax Increment Fund following the final accounting by the CITY shall be paid to the Taxing Units in proportion to each taxing unit's share of the total amount of Tax Increment. Section 5. Termination of LBP TIF Reinvestment Zone. Upon termination of the LBP TIF Reinvestment Zone, all final expenses of LBP TIF Reinvestment Zone shall first be paid from remaining funds. Any fiends remaining thereafter shall be distributed to all participants in a ratio reflecting their annual contribution. Section 6. Boundary. The boundaries of the LBP TIF Reinvestment Zone are and shall be those boundaries described in the Ordinance, or an amendment thereto revising the boundaries duly approved by the LBP TIF Reinvestment Zone Board of Directors and the City Council of the CITY. Section 7. Term. The term of this Agreement shall be for thirty years from the date the Reinvestment Zone was created or until such time as the Total Tax Increment has been paid into the Tax Increment Fund by the WATER DISTRICT, whichever event shall be the first to occur. However, in the event the requirements of Section 311.013, Texas Tax Code, have not been satisfied, this Agreement will terminate three (3) years from the date the reinvestment zone was created. Section 8. Amendments to Project Plan. The Project Plan may be amended from time to time, in accordance with the Act. Amendments shall be approved by the LBP TIF Reinvestment Zone Board of Directors and the City Council of the CITY. Amendments to the Plan that substantially change the nature and scope of the Project Plan as adopted December 16, 2009, shall be approved by the WATER DISTRICT. City and High Plains Water District Interlocal LBP TIF Agreement Page 4 Section 9. Responsibility for Negligent Acts. The CITY and the WATER 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 WATER DISTRICT, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any government immunity available to the CITY and the WATER DISTRICT under Texas law and without waiving any defenses of the parties under Texas law. Section 10. Administration. The City Manager or his designees shall administer this agreement. Section 11. Notification. Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the consent, approval, notice, request, proposal or demand must be in writing to be effective and shall be delivered to the party intended to receive it at the addresses shown below: If intended for the CITY, to: City Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 If intended for the WATER DISTRICT, to: General Manager High Plains Underground Water Conservation District 2930 Avenue Q Lubbock, Texas 79411 or to such other addresses as the parties may request, in writing, from time to time. Section 12. Agreement Subject to Laws. This Agreement is Made subject to the provisions of the Charter and ordinances of CITY, as amended; Texas constitution, codes, and statutes; and all other applicable state and federal laws, regulations and requirements, as amended. Venue shall be in Lubbock County, Texas. Section 13. Complete Agreement. This Agreement embodies the complete understanding of the CITY and the WATER DISTRICT superseding all oral or written previous and contemporary agreements between the parties relating to matters herein. This Agreement may be amended, modified, or supplemented only by an il1Stl'ulllcllt in writing executed by the CITY and the WATER DISTRICT. Any alteration, additions or deletions to the terms of this Agreement required by changes in federal, state or local law or regulations will City and High Plains Water District Interlocal LBP TIF Agreement Page 5 be automatically incorporated into this Agreement without written amendment, and shall become effective on the date designated by such law or regulation. EXECUTED this day the 25thday of March , 2010, by the Mayor of the CITY, duly authorized by Resolution No. 2010-110144 approved on March 25, 2010 294& and by the WATER DISTRICT, approved on January 19th, 2010. CITY OF LUBBOCK: TOM MARTIN, MAYOR ATTEST: Rebeleca Garza, City Secretary APPROVED AS TO CONTENT: Rob Allis n, Assts ant City Manager Business Development APPROVED AS TO FORM: Linda Chamales, Economic Development Attorney LLC:lc L:`Cityatt•. Linda — TIF LBP Water Interlocal January 12, 2010 HIGH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT Ch ' m 1, Boar irector APPROVED AS TO CONTENT: J'1 Conkwright, Manager APPROVED AS TO FORM: C - )- - NGSrt-1 11.,? Attorney for High Plains Underground Water Conservation District City and High Plains Water District Interlocal LISP TIF Agreement Page 6