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HomeMy WebLinkAboutResolution - 2009-R0427 - Amendment To Agreement - Lubbock County - Extend Termination Date On TIF RZ - 10/08/2009Resolution No. 2009-RO427 October 8, 2009 Item No. 5.27 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 Amendment extending the termination date of the Agreement between the City of Lubbock and Lubbock County to Participate in the Lubbock Central Business District Tax Increment Finance 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 this 8th day of October , 2009. e/';00' m TOM MARTIN, MAYOR ATTES APPROV AS O ONTENT: Rob Allis n, Assist Manager For Development Services APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney City Att / Linda: Rcs-CBD TIF Amend Interlocal with County September 2. 2009 Resolution No. 2009-RO427 AMENDMENT TO CITY OF LUBBOCK AND LUBBOCK COUNTY AGREEMENT TO PARTICIPATE IN THE LUBBOCK CENTRAL BUSINESS DISTRICT 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 Lubbock County. (the "COUNTY"), 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, pursuant to Ordinance No. 2001-0091, adopted on December 3, 2001, the City of Lubbock created, established and designated the Lubbock Central Business District Reinvestment Zone ("CBD Reinvestment Zone") taking effect January 1, 2001 and terminating December 31, 2020; and WHEREAS, the CITY and the COUNTY entered into an interlocal agreement November 14, 2002 entitled Agreement to Participate in the Lubbock Central Business District Tax Increment Finance Reinvestment Zone (the "AGREEMENT") authorized by City of Lubbock Resolution No. 2002-RO481 and by County Court Order dated October 28, 2002; and WHEREAS, the Legislature of the State of Texas enacted S.B. No. 1105, effective May 23, 2009, amending Section 311.017 of the Texas Tax Code to allow a municipality to designate by ordinance a new termination date for a reinvestment zone that is not later than the 20`x' anniversary of the original termination date; and WHEREAS, the City of Lubbock, by Ordinance No. 2009-0CN-7, has designated December 31, 2040 as a new termination date for the Lubbock Central Business District Tax Increment Finance Reinvestment Zone; and WHEREAS, the CITY and the COUNTY desire to amend the term of the AGREEMENT to correspond with the new termination date for the Lubbock Central Business District Tax Increment Finance Reinvestment Zone; NOW, THEREFORE, the CITY and the COUNTY, agree to the following amendment: 1. Section 7 entitled "Term" is amended to read as follows: Amendment to City and County Interlocal CBD TIF Agreement Page 1 "Section 7. Term. The term of this Agreement shall be from the date the Reinvestment Zone was created until December 31, 2040 or until such time as the Total Tax Increment has been paid into the Tax Increment Fund by the COUNTY, whichever event shall be the first to occur." EXECUTED this day the 8th day of October , 2009, by the Mayor of the CITY, duly authorized by Resolution No. 2009—RO427 approved on October 8th 2009, and by the COUNTY through its County Judge, duly authorized by Court Order No. approved on ST6wbff 2009. CITY OF LUBBOCK: qui h1 TOM MARTIN, MAYOR ATTEST: IeWeccaarza, i ry APPROVED AS TO CONTENT: Rob Allisy6, Assistanrefty Manager Business Development APPROVED AS TO FORM: Linda Chamales, Economic Development Attorney 1-Mic L:\Chyau\ Linda—TIF Can County Interlocal -amendment September2.2009 Amendment to City and County Interlocal CBD TIF Agreement Page 2 LUBBOCK COUNTY: drLLW TOM HEAD, COUNTY JUDGE ATTEST: I Court C rk APPROVED AS TO CONTENT: APPROVED AS TO FORM: BeniyHemmeline, Assistant Criminal District Attorney, Civil Div. Chief