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ORD 2014-19TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-19 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB AMENDING ORDINANCE NO. 2014-09 DESIGNATING A CERTAIN CONTIGUOUS GEOGRAPHIC AREA IN THE TOWN AS "REINVESTMENT ZONE NUMBER TWO, TOWN OF TROPHY CLUB, TEXAS" BY ENLARGING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER TWO, TOWN OF TROPHY CLUB, TEXAS, BY 11.02 ACRES; REDUCING THE BOUNDARIES OF REINVESTMENT ZONE NUMBER TWO, TOWN OF TROPHY CLUB, TEXAS BY 5.27 ACRES; APPROVING AN AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER TWO; AND CONTAINING OTHER RELATED MATTERS. WHEREAS, on April 21, 2014, the Town Council of the Town of Trophy Club, Texas (the "Town") adopted Ordinance No. 2014-09, thereby creating Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas (the "Zone") pursuant to the provisions of the Tax Increment Financing Act, Chapter 311, Texas Tax Code (the "Act"); and WHEREAS, in accordance with Section 311.011(a) of the Texas Tax Code (the "Code"), on April 28, 2014 the Board of Directors of the Zone (the "Board") adopted a project and financing plan for the Zone (the "Plan"), which, as required by Section 311.011(d) of the Code, was approved by the Town Council on May 5, 2014 by Ordinance No. 2014-11; and WHEREAS, Section 311.007 of the Code allows the Town Council to reduce or enlarge the boundaries of an existing tax increment reinvestment zone by ordinance subject to the limitations provided by Section 311.006 of the Code; and WHEREAS, by operation of Section 311.006 of the Code, a municipality may change the boundaries of an existing tax increment reinvestment zone so long as (i) less than thirty percent (30%) of the property within the amended boundaries of the zone, excluding property that is publicly owned, is used for residential purposes, as defined in Section 311.006(d) of the Code; and (ii) the total appraised value of taxable real property in the proposed zone and in existing reinvestment zones is less than 50 percent of the total appraised value of taxable real property in the municipality and in the industrial districts created by a municipality with a population of less than 100,000; and ORD 2014-19 Page 1 of 12 WHEREAS, the boundaries of the original Zone were approved in April 2014 and are depicted and described in Exhibit "B" (the "April 2014 TIF Boundary"). WHEREAS, accordingly, the Town wishes to enlarge the Zone by adding 11.02 acres to the property depicted and described in Exhibit "C" (the "Expanded Area"), which Exhibit is attached hereto and hereby made a part of this Ordinance for all purposes; and WHEREAS, accordingly, the Town wishes to reduce the Zone by removing 5.27 acres from the property depicted and described in Exhibit "D" (collectively, the "Reduced Area"), which Exhibit is attached hereto and hereby made a part of this Ordinance for all purposes; and WHEREAS, Section 311.011(e) of the Code allows the Board Of Directors of a tax increment reinvestment zone to recommend an amendment to a project plan for the Zone so long as the amendment is consistent with the requirements and limitations of Chapter 311 of the Code and is approved by the governing body of the municipality that created the zone; and WHEREAS, on July 16, 2014 the Board recommended that the Trophy Club Town Council adopt an amendment to the Plan; 1) including the Expanded Area in the Zone; and 2) removing the Reduced Area in the Zone, which is attached hereto as Exhibit "A" and is hereby made a part of this Ordinance for all purposes; and WHEREAS, Ordinance No. 2014-09 specifies that the Zone shall expire on the earlier of December 31, 2046 or the date on which all project costs, tax increment bonds and interest on those bonds have been paid in full; and WHEREAS, in accordance with the procedural requirements of Section 311.003(c) and (d), on July 22, 2014 the Town Council held a public hearing regarding the Amended Plan, the enlargement of the Zone, the reduction of the Zone and the anticipated benefits that will accrue to the Town and to property in the Zone as a result of such actions, and afforded a reasonable opportunity for all interested persons to speak for or against the approval of the Amended Plan, the addition of the Expanded Area to the Zone, the Reduced Area in the Zone, the inclusion of any property in the Zone, the concept of the Zone and tax increment financing generally; and WHEREAS, notice of the public hearing was published in a newspaper of general circulation in the Town on July 8, 2014 which date was not later than seven (7) days prior to the date of the hearing; and ORD 2014-19 Page 2 of 12 WHEREAS, prior to the public hearing the Town provided written notice to all taxing units levying real property taxes within the Zone of the Town's intention to add the property within the Expanded Area into the Zone and of the public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. FINDINGS. That after reviewing all information before it regarding the addition of the Expanded Area to the Zone, the removal of the Reduced Area from the Zone and after conducting a public hearing regarding the Amended Plan, the enlargement of the Zone, the reduction of the Zone and the anticipated benefits to the Town and to property in the Zone as a result of such actions, and affording a reasonable opportunity for all interested persons to speak for or against the approval of the Amended Plan, the addition of the Expanded Area to the Zone, the removal of the Reduced Area from the Zone, the inclusion of any property in the Zone, and the concept of tax increment financing generally, the Town Council hereby makes the following findings of fact: 1.1. The statements, facts, terms and conditions set forth in the recitals of this Ordinance are true and correct. 1.2. The Plan and the Amended Plan include all information required by Sections 311.011(b) and (c) of the Code. 1.3. The Plan and the Amended Plan are feasible and the projects set forth therein conform to the Town's comprehensive plan. 1.4. The Expanded Area is located along Trophy Club Drive and despite its central and strategic location, the Expanded Area predominantly comprises undeveloped land, vacant commercially zoned land, and underutilized and underdeveloped commercially zoned land. Taking all facts into consideration, the Expanded Area substantially impairs and arrests the sound growth of the Town and constitutes an economic liability and a menace to the public health and safety. 1.5. Improvements in the Zone, including the Expanded Area, as specifically outlined in the Plan and Amended Plan, will significantly enhance the value of all taxable real property in the Zone, including the Expanded Area, and will be of general benefit to the Town. ORD 2014-19 Page 3 of 12 1.6. The Expanded Area is subject to inclusion in the Zone pursuant to Sections 311.007(a) and Sections 311.005(a)(1) of the Code. 1.7. With the addition of the Expanded Area and removal of the Reduced Area, less than thirty percent (30%) of the property within the Zone, excluding property that is publicly owned, will be used for residential purposes, as defined in Section 311.006(d) of the Code. 1.8. With the addition of the Expanded Area and the removal of the Reduced Area, the total appraised value of taxable real property in the Zone and in existing reinvestment zones will not contain more than 50 percent of the total appraised value of taxable real property in the municipality and in the industrial districts created by the municipality. 1.9. Removal of the Reduced Area from the Zone will not adversely affect development in the Zone or adversely affect either the Zone or the Town in general. 1.10. The Reduced Area is subject to removal from the Zone pursuant to Section 311.007(a) of the Code. SECTION 2. DESIGNATION OF EXPANDED AREA FOR INCLUSION IN THE ZONE AND REMOVAL OF REDUCED AREA FROM THE ZONE. That the Town Council hereby enlarges the boundaries of the Zone by adding the Expanded Area to the Zone and reduces the boundaries of the Zone by removing the Reduced Area from the Zone. The Zone, has been designated under Section 311.005(a)(1) of the Code and shall continue to be known as "Tax Increment Reinvestment Zone Number Two, Town of Trophy Club, Texas." With addition of the Expanded Area to the Zone, and removal of the Reduced Area, the Zone shall comprise the property depicted in Exhibit "E", which is attached hereto and hereby made a part of this Ordinance for all purposes. SECTION 3. ZONE BOARD OF DIRECTORS. That the composition of the Board shall remain unchanged and shall continue to conform to the requirements of Section 311.009 of the Code. SECTION 4. DETERMINATION OF TAX INCREMENT BASE. That the tax increment base, as defined by Section 311.012(c) of the Code, for ORD 2014-19 Page 4 of 12 the Expanded Area of the Zone shall be the total appraised value for the 2014 tax year of all real property within the Expanded Area taxable by a taxing unit. The tax increment base of the Zone shall be reduced by the taxable appraised value of the Reduced Area for the year 2014, which is the year in which the Reduced Area was designated as part of the Zone pursuant to Ordinance No. 2014-09. The tax increment base for property located within the boundaries of the Zone prior to the adoption of this Ordinance shall remain unchanged. SECTION 5. TAX INCREMENT FUND. That the Tax Increment Fund created and established for the Zone pursuant to Ordinance No. 2014-09 (the "TIF Fund") shall include (i) sixty percent (60%) of the Town's portion of the tax increment, as defined by section 311.012(a), Texas Tax Code, subject to any binding agreement executed at any time by the Town that pledges a portion of such tax increment or an amount of other legally available funds whose calculation is based on receipt of any portion of such tax increment within the Expanded Area and (ii) twenty-five percent (25%) of the Town's one percent (1%) general sales tax rate, as defined by section 311 .0123(b), generated from taxable sales within the Expanded Area in the Zone above the sale tax base. (iii) the percentage of tax increment generated by all real property in the Zone, including the Expanded Area, that each taxing unit which levies real property taxes in the Zone, other than the Town, has elected to deposit into the TIF Fund pursuant to and in accordance with an agreement or agreements with the Town, as authorized by Section 311.013(f) of the Code. Beginning with the 2014 tax year, each taxing unit which levies real property taxes on the Reduced Area shall be relieved of any obligation to deposit the percentage of any tax increment (as defined by Section 311.012(a) of the Code) produced by the Reduced Area that the taxing entity elected to dedicate to the TIF Fund (created and established for the Zone pursuant to Ordinance No. 2014- 09) under a participation agreement with the Town, as authorized by Section 311.013(f) of the Code. SECTION 6. TAX INCREMENT AGREEMENTS. That, pursuant to Sections 311.008 and 311.013 of the Code, the Town Manager or any Assistant Town Manager is hereby authorized to execute and deliver, for and on behalf of the Town, agreements with taxing units that levy real property taxes in the Zone pursuant to which tax increment of such taxing units will be deposited into the TIF Fund. ORD 2014-19 Page 5 of 12 SECTION 7. TERM OF ZONE. That pursuant to Section 311.017(a)(1) of the Code, the termination date of the Zone is to be the earlier of (i) December 31, 2046 or (ii) the date on which all project costs, tax increment bonds and interest on those bonds have been paid in full. SECTION 8. APPROVAL OF UPDATED PLAN. That the Amended Plan is hereby approved. The Plan, as previously approved by the Town Council pursuant to Ordinance No. 2014-11, shall continue in effect except to the extent specifically amended or revised by the Amended Plan. SECTION 9. DELIVERY OF UPDATED PLAN TO TAXING ENTITIES. That the Town Manager is hereby directed to cause a copy of the Amended Plan to be provided to the governing body of each taxing unit that taxes real property located in the Zone, as expanded. SECTION 10. 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 11. CUMULATIVE. That this Ordinance shall be cumulative of all ordinances of the Town, except where the provisions of this Ordinance are in direct conflict with the provisions of any such other ordinances, in which case the conflicting provisions of such other ordinances are hereby repealed. SECTION 12. EFFECTIVE DATE. That this Ordinance shall take effect and be in full force and effect from and after its adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 22nd day of July, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas ORD 2014-19 Page 6 of 12 0 Tam Ard, own Secretary T�h of Troup' y Club, Texas APPROVED AS TO FORM: Z DO Patricia Adams, own Attorney Town of Trophy Club, Texas RE ORD 2014-19 Page 7 of 12 EXHIBIT "A" AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN EXHIBIT "B" April 2014 TIF Boundary EXHIBIT "C" Expanded Area witm EXHIBIT "D" Reduced Area EXHIBIT "E" New Boundary