HomeMy WebLinkAboutPR 19296: INTERLOCAL AGREEMENT WITH JEFFERSON COUNTY DRAINAGE DISTRICT NO. 7 P.R. NO. 19296
02/02/16 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR,
TEXAS, AND JEFFERSON COUNTY DRAINAGE DISTRICT NO. 7,
RELATING TO THE CITY OF PORT ARTHUR' S DOWNTOWN TAX
INCREMENT REINVESTMENT ZONE NO. 1
WHEREAS, per Ordinance No. 12-75 , the City Council, acting
under the provisions of Chapter 311, Texas Tax Code, including
Section 311 . 005 (a) , designated as a reinvestment zone, and created
and designated a reinvestment zone over the area described in
Exhibit "A" to promote the redevelopment of the area and named for
identification as "Reinvestment Zone No. 1, which also may be
referred to as the Downtown Tax Increment Reinvestment Zone No.
1 ( "TIRZ No. l (Downtown TIF) ) ; and,
WHEREAS, per Ordinance No. 13-10, the City Council adopted the
final Project and Reinvestment Zone Financing Plan which was
previously adopted by the Downtown Reinvestment Board No. 1 on
February 7, 2013 ; and,
WHEREAS, on May 5, 2015, Jefferson County Drainage District
No. 7 approved the Interlocal Agreement with the City of Port
Arthur, Texas, relating to Downtown Tax Increment Reinvestment Zone
No. 1 (TIRZ No. 1) , attached hereto as Exhibit "B" ; and,
WHEREAS, pursuant to Ordinance 15-55, the City of Port Arthur
reduced the boundaries of TIRZ No. l (Downtown TIF) to remove a
portion (2 . 204 acres) of property as designated in Exhibit "C" from
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the Tax Increment Reinvestment Zone that is owned by Lamar State
College-Port Arthur.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1 . That the facts and opinions in the preamble are
true and correct .
Section 2 . That the City Manager is herein authorized to
enter into an Interlocal Agreement between the City of Port Arthur,
Texas, and Jefferson County Drainage District No. 7 relating to the
City of Port Arthur' s Downtown Tax Increment Reinvestment Zone No.
1 (TIRZ No. 1 (Downtown TIF) ) , in substantially the same form as
attached hereto as Exhibit "B" .
Section 3 . That a copy of the caption of this Resolution
shall be spread upon the Minutes of the City Council .
READ, ADOPTED, AND APPROVED, this day of
2016 AD, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas by the following vote : AYES :
Mayor:
Councilmembers : •
NOES :
Deloris Prince,
Mayor
s.pr.19296
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
A
\/;‘)/ /Valecia iz- �. ,
City Attorne
APPROVED FOR ADMINISTRATION:
Brian McDougal,
City Manager
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EXHIBIT "A"
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Downtown Reinvestment Map Boundaries
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EXHIBIT "B"
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fe: 02 "� COMMISSIONERS
RICHARD BEAUMONT
PHIL KELLEY / • / .e .0kherict c/1. 7 F r CHAIRMAN
MANAGER BILLY JOE BUTLER
AE ) JAMES GAMBLE,SR.
S ICT LESTER CHAMPAGNE
ALBERT MOSES,JR.
May 14, 2015
VIA HAND DELIVERY
Mr. Carl Parker
The Parker Law Firm
1 Plaza Square
Port Arthur, TX 77642
Re: Interlocal Agreement Between the City of Port Arthur,
Texas and Jefferson County Drainage District No. 7
Relating to City of Port Arthur, Texas Downtown Tax
Increment Reinvestment Zone No. 1
Dear Mr. Parker:
Enclosed please find duplicate originals of the above referenced Interlocal
Agreement which have been signed by the District's General Manager, Phil Kelley.
Please return one original to our office once the Agreement has been signed by the City
of Port Arthur.
Thank you.
Sincerely,
Diane Smith
Administrative Assistant
Enclosure
"Sto sc 2Uatex 71lascage.aeat • Seam,, Scat! 9e j eaaacc eaasctv "
OFFICE LOCATION: 4401 Ninth Avenue, Port Arthur Texas 77642-4253
MAILING ADDRESS: P.O. Box 3244, Port Arthur Texas 77643-3244
PHONE (409) 985-4369 FAX (409) 983-7564 WEB SITE• http://www.dd7.org
k
IN,
INTERLOCAL AGREEMENT
BETWEEN THE
CITY OF PORT ARTHUR, TEXAS
AND
JEFFERSON COUNTY DRAINAGE DISTRICT#7
RELATING TO
CITY OF PORT ARTHUR, TEXAS
DOWNTOWN TAX INCREMENT REINVESTMENT ZONE NO. 1
T
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
INTERLOCAL AGREEMENT
BETWEEN JEFFERSON COUNTY DRAINAGE DISTRICT#7 AND THE CITY OF
PORT ARTHUR RELATED
TO PORT ARTHUR TEXAS TAX INCREMENT REINVESTMENT ZONE NO. 1
THIS INTERLOCAL AGREEMENT ("Agreement") is made by and between the
CITY OF PORT ARTHUR, TEXAS (the "City"), a home rule municipality of the State of
Texas, acting by and through its governing body, the City Council, and JEFFERSON
COUNTY DRAINAGE DISTRICT #7 ("DD#7"), acting by and through its governing body,
appointed Commissioners. This Agreement is made pursuant to Chapter 791 of the Texas
Government Code and Chapter 311 of the Texas Tax Code for the participation of the City and
DD#7 in REINVESTMENT ZONE NUMBER ONE, CITY OF PORT ARTHUR, TEXAS
(the "Reinvestment Zone"), a reinvestment zone to be created by the City pursuant to Chapter
311 of the Texas Tax Code.
RECITALS:
The City, on November 9, 2012, designated the Reinvestment Zone in the area more
particularly described in the attached Exhibit A and on the map attached hereto as Exhibit B.
The Reinvestment Zone consists of approximately 372 acres of land.
The general purpose of the Reinvestment Zone is to promote the redevelopment of the
property in the Reinvestment Zone and in surrounding areas in the City and DD#7 pursuant to
the tax increment finance provisions of Section 311.005(a)(1), (2) and (4) of the Texas Tax
Code. The specific purpose of the Reinvestment Zone is to provide a financing mechanism to
pay for a portion of the costs associated with certain water, wastewater, roads/drainage and
reclaimed water improvements within the Reinvestment Zone as set forth in Exhibit C (the
Project"). The purposes of the Project are to improve economic development and to enhance the
quality of living conditions within the City of Port Arthur.
The financial plan for the Project is for the Developer to provide construction for the
Project and for the City, with assistance from DD#7 as provided in this Agreement, to reimburse
the Developer for a portion of the Project Costs from tax increment revenues derived from
increases in property values resulting from new development in the Reinvestment Zone.
The City and DD#7 wish to provide in this Agreement for DD#7 to make payments to the
City of a portion of DD#7's tax increment revenues derived from increases in property values
resulting from new development in the Reinvestment Zone, which payments are to be used by
the City to reimburse the Developer for a portion of the Project Costs under the terms and
conditions described in this Agreement.
AGREEMENT:
In consideration of the mutual covenants and agreements contained herein, as well as
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,the City and DD#7 agree as follows:
SECTION 1. Definitions.
In this Agreement:
A. Captured appraised value for a year means the total appraised value of all real
property taxable by the City of DD#7 and located in the Reinvestment Zone for that year, less
the respective tax increment base of the City or DD#7.
B. Developer will be the apartment owners, commercial business, industrial
development organizations, economic development organizations and related organizations who
commit to spending a minimum of FIFTY THOUSAND ($50,000.00) DOLLARS for economic
development improvements within the Project Zone.
C. Project means, initially, the Project as set forth in Exhibit C. The public
improvements constituting the Project may be revised or supplemented by amendments to the
Project Plan that are adopted by the Board of Directors of the Reinvestment Zone and approved
by the City Council of the City from time to time.
D. Project Plan means the Project Plan and Reinvestment Zone financing plan for the
Reinvestment Zone adopted by the Board of Directors of the Reinvestment Zone and approved
by the City Council of the City, and amendments to these plans that are adopted by the Board of
Directors of the Reinvestment Zone and approved by the City Council of the City from time to
time. By entering this Agreement, DD#7 is not obligating itself to directly fund or construct or
repair any infrastructure within the Zone and all such expenses will be borne by the Board.
E. Tax increment for a year means the amount of property taxes levied and collected
by the City or DD#7 for that year on the captured appraised value of real property taxable by the
City or DD#7 and located in the Reinvestment Zone.
F. Tax increment base means the total appraised value of all real property taxable by
the City or DD#7 and located in the Reinvestment Zone for the year 2012 according to the
certified Jefferson County Tax Roll.
G. Tax Increment Fund means the tax increment fund created by the City for the
Reinvestment Zone.
H. Terms other than those defined above shall have 1) their meanings as given in
Chapter 311, Texas Tax Code, or 2) if not so defined, their usual and ordinary meanings.
I. References to state statutes shall include amendments to those statutes that are duly
enacted from time to time.
SECTION 2. Obligations of DD#7.
A. Payments to the City. DD#7 agrees to make payments to the City during the term
of this Agreement, for deposit in the Tax Increment Fund, in the amount of 20% of the tax
increment attributed to the captured appraised value of DD#7 in the Reinvestment Zone.
DD#7's obligation to make these payments will accrue only as taxes on the captured appraised
value are collected by DD#7. Payments shall be due on May 1 of each year during the term of
this Agreement. No interest or penalty will be charged to the DD#7 for any payments made by
DD#7 based on collections that occur after this due date; however, DD#7 will pay to the City,
for deposit in the Tax Increment Fund, 20% of any penalty or interest received by DD#7 on any
delinquent taxes on the captured appraised value of DD#7. DD#7 may offset against future
payments to the Tax Increment Fund any portion of payments to the City under this Agreement
that DD#7 subsequently refunds to taxpayers pursuant to the provisions of the Texas Tax Code.
B. Limitations on Payments. DD#7 is not obligated to make payments under this
Agreement 1) unless and until taxes on the captured appraised value are actually collected by
DD#7, or 2) from any source other than taxes actually collected on DD#7's captured appraised
value, or 3) from any DD#7 taxes or revenues other than taxes actually collected on the DD#7's
captured appraised value. Notwithstanding any provisions contained herein, this Agreement is
expressly contingent upon the availability of funds for each obligation herein for the term of this
Agreement and any extension thereto. In the event that either no funds or insufficient funds are
appropriated for the payments due under this Agreement for the period covered by such budget
or appropriation, the contract shall terminate without penalty to DD#7.
C. Expansion of the Reinvestment Zone; Supplemental Projects. DD#7's
obligation to make payments under this Agreement is limited to DD#7's captured appraised
value on property in the Reinvestment Zone as described in this Agreement. DD#7 is not
obligated to make payments based on the addition of property to the Reinvestment zone unless
DD#7 specifically agrees to do so by amendment to this Agreement. DD#7's obligation to make
payments under this Agreement is also limited to use by the City for partial reimbursement of
the Project Costs, as described herein. DD#7 is not obligated to make payments towards the
costs of any other improvements unless DD#7 specifically agrees to do so by amendment to this
Agreement. Any member of the Commissioners of DD#7 may review and provide comments to
the Board of Directors of the Reinvestment Zone or the City Council of the City on any proposed
expansion of the Reinvestment Zone or amendment to the Project Plan prior to its approval by
the City Council.
D. DD#7's Appointment to Board of Directors of the Reinvestment Zone.
Pursuant to the provisions of Section 311.009(a), Texas Tax Code, the Commissioners DD#7
shall have the unequivocal right during the term of this Agreement to appoint and remove, at its
sole discretion, a qualified person to serve as a voting member of the Board of Directors of the
Reinvestment Zone. Failure of the Commissioners of DD#7 to appoint a person to the Board of
Directors of the Reinvestment Zone shall not be deemed a waiver of DD#7's right to make an
appointment at a later date. The Commissioners of DD#7 will make best faith efforts to appoint
a qualified person to serve on the Board of Directors, and to fill vacancies in this position as
needed.
SECTION 3. Obligations of the City.
A. Initial Project Plan. The City agrees that the Project, as described herein will
comprise the Project in the initial Project Plan to be adopted by the Board of Directors of the
Reinvestment Zone and approved by the City Council of the City. The City agrees that the
Reinvestment Zone financing plan in the initial Project Plan to be adopted by the Board of
Directors of the Reinvestment Zone and approved by the City Council of the City shall provide
for use of DD#7's payments under this Agreement solely to reimburse the Developer for a
portion of the Project Costs.
B. Use of DD#7 Payments. The City agrees to use payments made by DD#7 under
this Agreement solely to reimburse the Developer for Project Costs,
C. Notice to DD#7 of Amendments to Project Plan. The City agrees to provide
DD#7 with written notice of any proposed amendments to the Project Plan at least 14 days prior
to their submission to the City Council for approval. The City agrees to work with the
Reinvestment Zone Board of Directors to implement the Project Plan.
D. Disposition of Tax Increments. Upon termination of the Reinvestment Zone, and
after all obligations of the Reinvestment Zone have been paid, the City agrees to pay to DD#7,
within 60 days of the termination, all monies remaining in the Tax Increment Fund that represent
DD#7's pro rata amount of participation authorized under this Agreement.
E. Annual Reports. The City agrees to provide to DD#7 an annual report regarding
the Reinvestment Zone as required under Texas Tax Code Section 311.016.
F. Audits—Redevelopment Authority. In the event the City creates a redevelopment
authority in connection with the Reinvestment Zone, the City shall provide to DD#7 a copy of
each of the audits required by the agreement between the City, the Reinvestment Zone and any
such redevelopment authority within 30 days of receipt of each audit.
SECTION 4. Term and Termination.
A. Agreement Term. This Agreement will take effect only upon designation of the
Reinvestment Zone by ordinance of the City and will be in effect for the earlier of 1) ten (10)
years from the date of the designation of the Reinvestment Zone or 2) the date the Developer is
reimbursed the Project Costs, unless earlier terminated by the parties hereto. Nothing in this
Agreement limits the authority of DD#7 or City to extend the term of this Agreement. Upon
termination of this Agreement, the obligation of DD#7 to make payments to the City shall end;
however, any refund obligations of the City shall survive the termination.
B. Early Termination of Reinvestment Zone. The City may terminate the
Reinvestment Zone pursuant to the provisions of Section 311.017 of the Texas Tax Code or at
any time there is a breach by the other party. The party desiring to terminate this Agreement
may do so upon giving thirty (30) days' written notice to the other party..
C. Interpretation. The parties acknowledge and confirm that this Agreement has
been entered into pursuant to the authority granted under the Interlocal Cooperation Act, Chapter
791 of the Texas Government Code. All terms and provisions hereof are to be construed and
interpreted consistently with that Act.
D. Invalid Provisions. Any clause, sentence,paragraph or article of this Agreement
which is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable
in any respect shall not be deemed to impair, invalidate, or nullify the remainder of this
Agreement if the Agreement can be given effect without the invalid portion.
E. Applicable Laws. This Agreement shall be construed in accordance with the laws
of the State of Texas. All obligations hereunder are performable in Jefferson County, Texas, and
venue for any action arising hereunder shall be in Jefferson County, Texas.
F. Authorization; Funding. Each party hereto acknowledges and represents that this
Agreement has been duly authorized by its respective governing body, and that funding from
each party for the performance of this Agreement will be provided from current revenues
available to the parties.
G. Notices. Notices required by this Agreement will be provided by the parties to one
another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the
following address/fax numbers:
CITY: JEFFERSON COUNTY
DRAINAGE DISTRICT#7:
City Manager Commissioners of Jefferson County Drainage
District#7
City of Port Arthur P. O. Box 3244
P. O. Box 1089 Port Arthur TX 77641
Port Arthur TX 77641
H. Non-Waiver. Failure of any party hereto to insist on the strict performance of any
of the agreements herein or to exercise any rights or remedies accruing hereunder upon default
or failure of performance shall not be considered a waiver of the right to insist on, and to enforce
by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise
any right or remedy occurring as a result of any future default or failure of performance.
I. Successors. This Agreement shall bind and benefit the parties and their legal
successors. This Agreement does not create any personal liability on the part of any officer or
agent of the City or the Reinvestment Zone or any officer, agent or employee of DD#7.
J. No Waiver of Immunity. No party hereto waives or relinquishes any immunity or
defense on behalf of itself, its officers, employees, and agents as a result of its execution of this
Agreement and performance of the covenants contained herein.
K. Third Party Beneficiary. The parties agree that Developer and its successors and
assigns shall have the right to enforce as a third party beneficiary Section 2.A. against DD#7 for
any breach of its contractual obligations thereunder, as well as Section 5.B. and this Section 5.K.
IN WITNESS HEREOF, the City and DD#7 have made and executed this Agreement in
multiple copies, each of which is an original.
CITY OF PORT ARTHUR
City Manager
Date
ATTEST/SEAL:
City Secretary
Date
APPROVED AS TO FORM AND LEGALITY:
City Attorney
JEFFERSON COUNTY
DRAINAGE DISTRICT#7
/
PHIL KELLEY, HD AO MANAGER
Date
ATTEST:
BILLY ABUnILER, SECRE4ARY
5/51 Is
Date
EXHIBIT "C"
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