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Res 104-2006 8/15/2006 RESOLUTION NO. n�' OD�p RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AGREEMENT WITH WICHITA COUNTY FOR THE TERMS AND DEVELOPMENT OF A TAX INCREMENT FINANCING FUND FOR REINVESTMENT AREA #2; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls and Wichita County wish to promote economic development and the improvement of public infrastructure through the development or redevelopment of a certain contiguous geographic area; and WHEREAS, the City created the Tax Increment Financing District, Reinvestment Zone #2, by Ordinance #61-2005, following the requirements as codified in Chapter 311 of the Texas Tax Code, known as the Tax Increment Financing Act ("the ACT"); and WHEREAS, the City County, and Wichita Falls Independent School District have appointed members of the Board of Directors for the Zone consisting of five members, three of which, including the chairman, shall be appointed by the City Council, one by the Wichita County Commission, and one by the Wichita Falls Independent School District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute an Agreement with Wichita County for the terms and development of a Tax Increment Financing fund for Reinvestment Zone #2. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 15 day of August, 2006. MAYOR ATTEST: � 'ty Clerk STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA § THIS AGREEMENT is made and executed in duplicate by and between the City of Wichita Falls, Texas, P. O. Box 1431, Wichita Falls, Texas ("City"), and the County of Wichita, Texas ("County"), 900 Seventh St., Wichita Falls, TX, 76301. WITNESSETH: 1. RECITALS WHEREAS, The City and County wish to promote economic development and the improvement of public infrastructure through the development or redevelopment of a certain contiguous geographic area; and WHEREAS, a public hearing was conducted at 10:00 a.m. on the 18th day of July, 2005, before the Wichita County Commissioner's Court, such date being at least seven (7) days after the date of publication of the notice of such public hearing in a newspaper of general circulation in the City of Wichita Falls; and, WHEREAS, the City created the Tax Increment Financing District, Reinvestment Zone #2 by Ordinance # 61-2005 following the requirements as codified in Chapter 311 of the Texas Tax Code and known as the Tax Increment Financing Act ("the ACT"); and WHEREAS, the operation of the Zone began on August 16, 2005, and shall terminate on July 31, 2025. The Zone may be renewed for an additional five (5) years, or may terminate sooner by subsequent ordinance; and WHEREAS, the City County, and Wichita Falls Independent School District have appointed members of the Board of Directors for the Zone consisting of five (5) members, three (3) of which, including the chairman, shall be appointed by the City Council, one (1) by the Wichita County Commission, and one (1) by the Wichita Falls Independent School District.; and NOW, THEREFORE, in consideration of the mutual benefits to be derived from this Agreement and of the representations, warranties, covenants, and conditions contained herein, the parties agree as follows: 2. AGREEMENT 2.1 The County and the City agree that there is created a Tax Increment Fund #2 for the Zone into which all tax increments shall be deposited. ,' - � 2.2 The tax increments shall be equal to one hundred percent of the amount of property taxes levied for a year on the captured appraised value that is the amount by which the current appraised value of all taxable real property located in the Zone exceeds its tax increment base. The base shall be as determined and certified in the Financial Plan as the 2004 values. 3. TERM OF AGREEMENT This agreement is for a period of the operational life of the Tax Increment Financing District, Reinvestment Zone #2. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the month, day and year below written. It shall become effective upon the date that both parties have signed the Agreement. City: County: City of Wichita Falls, Texas County of Wichita, Texas Signature of Authorized Official Signature of Authorized Official Title Title Date: Date: Attest: Attest: City Clerk County Clerk Approved as to Form: Bill Sullivan, City Attorney City of Wichita Falls