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HomeMy WebLinkAbout2019-R-23 - TIRZ No. 1 Reimbursement to City RESOLUTION NO. 2019-R-23 A RESOLUTION APPROVING USE OF TIRZ NUMBER ONE REVENUE FOR FUNDING OF POTENTIAL ELIGIBLE PROJECT COSTS OF TIRZ NUMBER ONE. WHEREAS, as authorized by Chapter 311 of the Texas Tax Code (the "Act") and pursuant to Ordinance No. 2019-0-14, adopted by the City Council of the City of Stephenville, Texas (the "City") on April 25,2019,the City created Tax Increment Reinvestment Zone Number One,City of Stephenville,Texas (the "Zone"); and WHEREAS, pursuant to Ordinance No. 2019-0-14 the City created the Board of Directors (hereinafter referred to as"Board")for the Zone; and WHEREAS,in accordance with the Act,the Board shall make recommendations to the City Council concerning the administration, management and operation of the Zone; and WHEREAS,on May 7,2019 the Board approved the project and financing plan(the"TIRZ Numberl Financing Plan") for the Zone; and WHEREAS, the Financing Plan includes both public infrastructure improvements and improvements intended to stimulate economic and tax base growth in the Zone and provides for the establishment of a tax increment fund (the "TIRZ Fund") to which the TIRZ Revenues (as defined below) shall be deposited; and ABMS WHEREAS, the Financing Plan as approved and amended to the date of adoption hereof is attached hereto as Exhibit A; and WHEREAS, pursuant to Ordinance No.2019-0-15 adopted by the City Council on May 7, 2019,the City Council has approved the TIRZ Number One Financing Plan; and WHEREAS,the project and financing plan details the infrastructure costs eligible for payment with incremental tax revenues generated in the Zone (the "TIRZ Revenues"); and WHEREAS,on June 25,2019,the Board approved the use of TIRZ Revenues to fund eligible project costs included in the TIRZ Number One Financing Plan, whether as a reimbursement to the City of costs it may pay for such projects, for direct payment of TIRZ project costs or to pay City Debt Obligations (as defined below); and WHEREAS, in addition to the direct payment for costs of Zone Projects (as defined below), or for reimbursement of such costs paid by the City, TIRZ Revenues may be used to secure and/or pay debt service on obligations issued by the City pursuant to the Act or other applicable State laws for the purpose of financing costs of Zone Projects ("City Debt Obligations"); and WHEREAS,the initial projects intended to be undertaken for the benefit of the City and the Zone and to be funded in whole or in part with TIRZ Revenues include a project consisting of approximately 30.98 acres of commercial development for expansion of retail shopping in the City, which is located generally bound by Washington Street to the south and Reta Avenue to the east in the City, to be developed as further described in the attached TIRZ Number One Financing Plan,and other eligible public infrastructure improvements permitted by the Act to be constructed with TIRZ Revenues that are located within the Zone (the "Public Infrastructure Projects"); and WHEREAS, the City Council finds that the use of Zone Revenues for the projects described above and/or included in the TIRZ Number One Financing Plan, as such plan may be amended from time to time in accordance with the Act, including the CS Project and the Public Infrastructure Projects (collectively, the "Zone Projects") will benefit the City and further the purposes of the Zone in accordance with the Act and may provide a payment source for City Debt Obligations issued to finance Zone Projects; and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,TEXAS: SECTION 1. The recitals set forth above and the attachment hereto are hereby incorporated into this Resolution and made a part hereof for all purposes; SECTION 2. The City hereby agrees to accept Zone Revenues that may be generated within the Zone and deposited in accordance with the TIRZ Number One Financing Plan into the TIRZ Fund. SECTION 3. The City hereby agrees to apply Zone Revenues for payment of costs of eligible Zone Projects that the Council has or will approve as part of its oversight of the Zone in accordance with the Act;that incremental tax revenues collected in the Zone may be applied directly by the City for payment of Zone Projects or to reimburse the City for TIRZ Projects costs that may be paid with lawfully available City moneys; and that Zone Revenues may be applied in the discretion of the City Council for the payment of City Debt Obligations issued to fund costs of the TIRZ Projects. SECTION 4. This resolution shall take effect from and after its final date of passage, and is accordingly so resolved and ordered. PASSED and APPROVED this 25th day June, 2019. ,,,,111111111111/r kl '•,2��: Doug Svien, ayor Attest: '* ' ~ ,may. s * Staci L. ing, City Secret 0 R ,,,,,,111111111 Reviewed by Allen L. Barnes, City Manager Approved as to form and legality by Randy Thomas, City Attorney