HomeMy WebLinkAboutC2024-227 - 10/15/2024 - Approved THE STATE OF TEXAS §
COUNTY OF NUECES §
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY
TAX INCREMENT REINVESTMENT ZONE NUMBER SIX(TIRZ NO.6)
This Interlocal Agreement ("Agreement") is made by and between the City of Corpus Christi,
Texas ("City"),a municipal corporation and home-rule city of the State of Texas,acting by and through
its governing body, the City Council, and Nueces County,Texas ("County"), a political subdivision of
the State of Texas,acting by and through its governing body,the Commissioners Court. This Agreement
is made under Chapter 791, Texas Government Code, and Chapter 311, Texas Tax Code, for the
participation of the City and County in Tax Increment Reinvestment Zone Number Six,City of Corpus
Christi,Texas ("TIRZ No. 6"),a reinvestment zone created by the City under Chapter 311,Texas Tax
Code (the"Act").
WITNESSETH:
WHEREAS, Barisi Village L.L.C., the sole owner of the subject property, with the exception of the
right-of-way known as Nile Drive,petitioned the City to establish TIRZ No. 6 as authorized by section
311.005 (a) (4) of the Act,within the area of the City described in Exhibit"A," and depicted by map in
Exhibit"B,"which exhibits are attached to and incorporated into this Agreement;and City determined
that the petition complies with all requirements of the Act;
WHEREAS, City prepared a preliminary reinvestment zone financing plan,a true and correct copy of
which is attached to and incorporated into this Agreement as Exhibit"C,"and City asserts it has taken
and shall take all other actions required under Section 311.003 of the Act;
WHEREAS, City conducted a public hearing on January 9,2024,in which the hearing was convened
at the time and place mentioned in the published notice, at the Regular Meeting of the City Council
commencing at 11:30 a.m., at the Corpus Christi Regional Transportation Authority 2"d Floor Board
Room,and which hearing was conducted in accordance with the Texas Open Meetings Act,then closed,
and City,at the hearing,invited and permitted any interested person to speak for or against the creation
of TIRZ No. 6,its boundaries,and tax increment financing;
WHEREAS,TIRZ No. 6 is a developer-initiated tax increment reinvestment zone,and City found on
January 9, 2024, that the area described in the petition requesting that the area be designated as a
reinvestment zone was submitted to City by the owners of property constituting at least 50 percent of
the appraised value of the property in the area according to the most recent certified appraisal roll for
Nueces County;
WHEREAS, on January 9, 2024, the City Council unanimously passed the first reading of the City
Ordinance, as amended, establishing TIRZ No. 6 in accordance with the Act to promote development
and redevelopment through the use of tax increment financing, and designating TIRZ No. 6 pursuant
to the Act,See Exhibit"D" (City Minutes,January 9,2024 Regular City Meeting);
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SCANNED
WHEREAS,on that day,City discussed contributing$32,000,000.00 of the Tax Increment for a period
of twenty(20)years to the Tax Increment Fund(hereinafter defined in Section 1)for design,installation,
and construction of infrastructure and other authorized projects for or within TIRZ No. 6 as defined in
the preliminary Project and Finance Plan,See Exhibit"C",and the final Project and Finance Plan;
WHEREAS, County, on February 7, 2024, authorized a not-to-exceed contribution of$13,000,000 of
the Tax Increment for a period of twenty (20)years to the Tax Increment Fund for design,installation,
and construction of infrastructure and other authorized projects for or within TIRZ No. 6 as defined in
the preliminary Project and Finance Plan,See Exhibit"C", and the final Project and Finance Plan;
WHEREAS, the Nueces County Commissioners Court finds that, through the terms of the proposed
participation as set forth in this Agreement,(i)there will be no substantial adverse effect on the provision
of the jurisdiction's service or tax base; and (ii) participation will not substantially adversely affect the
County's ability to carry out its long-range development plans;and
WHEREAS, the Act authorizes the expenditure of funds derived within a tax increment financing
reinvestment zone for the payment of expenditures made or estimated to be made and monetary
obligations incurred or estimated to be incurred by the municipality establishing a reinvestment zone
that are listed in the project plan of the reinvestment zone,which expenditures and monetary obligations
constitute project costs as defined by the Texas Tax Code.
NOW THEREFORE,in consideration of the foregoing,and on the terms and conditions hereinafter
set forth,the City and County agree as follows:
Section 1. DEFINITIONS &INCORPORATION OF RECITALS.
(a) As used in this Agreement,the following terms have the meanings set out below:
1) "Agreement"means this agreement between City and County.
2) "Captured Appraised Value" has the meaning ascribed by Chapter 311,Texas Tax
Code.
3) "City"is defined in the preamble of this Agreement.
4) "City's Tax Increment Participation"means an amount of City's ad valorem tax levy
on the Captured Appraised Value,which City agrees to contribute to TIRZ No. 6 under
Sections 3 and 4 of this Agreement.
5) "County"is defined in the preamble of this Agreement.
6) "County's Tax Increment Participation" means the amount of ad valorem taxes
levied by County acting through its Commissioners Court on the Captured Appraised
Value,which County agrees to contribute to TIRZ No. 6 under Sections 3 and 4 of this
Agreement.
7) "Creation Ordinance" means City Ordinance adopted by the City Council on one
reading at its October 15,2024 meeting.
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8) "Developer" means Barisi Village L.L.C., the sole owner of the subject property for
the designated TIRZ No. 6.
9) "Project and Finance Plan"and"Plan"mean the project plan and reinvestment zone
financing plan for TIRZ No.6,which is adopted by the board of directors of TIRZ No.
6 and approved by the City Council of City,as consistent as possible with the preliminary
Project and Finance Plan described in the preamble of this Agreement.
10) "Reinvestment Zone" and "Zone" mean Reinvestment Zone Number Six, City of
Corpus Christi,Texas,("TIRZ No. 6")created by the Creation Ordinance,incorporated
by reference into this Agreement, as described in the preliminary Project and Finance
Plan.See Exhibit"C."
11) "Reinvestment Zone Area"means the area of City included in TIRZ No.6 as described
in the preamble of this Agreement and in the preliminary Project and Finance Plan. See
Exhibit"C."
12) "Tax Increment"has the meaning ascribed by Chapter 311,Texas Tax Code.
13) "Tax Increment Fund"means the tax increment fund created by the City in the City
Treasury for the Reinvestment Zone Number Six.
(b) Terms used in this Agreement and not otherwise defined have the meanings ascribed to them in
Chapter 311,Texas Tax Code.
(c) Recitals and Attachments are Incorporated. The facts and recitations contained in the
preamble of this Agreement are declared to be true and correct and are adopted as part of this
Agreement for all purposes.
Section 2. PURPOSE OF PARTICIPATING IN THE ZONE & MAXIMUM
CONTRIBUTIONS.
City and County desire to participate in TIRZ No. 6 for the purposes of development in the
Reinvestment Zone Area under the Plan,for their mutual benefit and the benefit of their citizens.
City and County reimbursement related to the Plan shall not exceed the following during the term of
TIRZ No. 6 until the Expiration Date,unless sooner terminated as provided herein.:
Developer Requested Reimbursement $52,000,000.00
Including an Administration Fee to City • $ 2.000.000.00
Total Reimbursement $52,000,000.00
The maximum participation from each of the taxing entities shall not exceed the following
amounts and shall be used for capital. Administrative costs, as set forth above, shall be
reimbursed from City's contribution. The maximum participation from each taxing entity is as
follows:
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• City of Corpus Christi: $32,000,000.00
• Nueces County: $13,000,000.00
• Del Mar College: $7,000,000.00
Section 3. OBLIGATIONS OF CITY & COUNTY.
(a) Tax Increment Participation by City. For and in consideration of the agreements of City and
County set forth in this Agreement, City agrees to participate in the Reinvestment Zone by
contributing into the Tax Increment Fund the percentages described herein of its Tax Increment
each year during the term of this Agreement on the Captured Appraised Value of real property
within the Reinvestment Zone. The maximum City contribution to the Tax Increment Fund
throughout the term of this Agreement is Thirty-Two Million Dollars ($32,000,000.00) over the
Term of this Agreement(the"City Maximum Contribution").The portion of the Tax Increment
that City shall contribute shall be the following until the earlier of a) the expiration of the Term
or b) such time as City has contributed an amount equal to the City Maximum Contribution:
Table A. City
Tax Year Increment
Tax years 2025 - 2033 95%
Tax year 2034 90%
Tax year 2035 80% ___
Tax year 2036 70%
Tax year 2037 60%
Tax year 2038 50% _
Tax year 2039 40%
Tax year 2040 30%
Tax year 2041 20%
Tax year 2042 15%
Tax year 2043 10% _
Tax year 2044 5%
(b) Tax Increment Participation by County. For and in consideration of the agreements of City
and County set forth in this Agreement,County agrees to participate in the Reinvestment Zone
by contributing into the Tax Increment Fund the percentages described in Table B below of its
Tax Increment each year during the term of this Agreement on the Captured Appraised Value
of real property within the Reinvestment Zone.The maximum County contribution to the Tax
Increment Fund throughout the term of this Agreement is Thirteen Million Dollars
($13,000,000.00)over the Term of this Agreement(the"County Maximum Contribution"). The
portion of the Tax Increment that County shall contribute shall be the following until the earlier
of a) the expiration of the Term or b)such time as the County has contributed an amount equal
to the County Maximum Contribution:
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Table B. County
Tax Year Increment
Tax years 2025-2033 95%
Tax year 2034 90%
Tax year 2035 80%
Tax year 2036 70%
Tax year 2037 60%
Tax year 2038 50%
Tax year 2039 40%
Tax year 2040 30%
Tax year 2041 20%
Tax year 2042 15%
Tax year 2043 10%
Tax year 2044 5%
The current tax rates of City and County are subject to change and the respective Tax
Increment Participation in this Agreement pledged shall change to the extent of any change in
their tax rates;however,in no instance,shall the City or County contribute more than City and
County's Maximum Contribution.
(c) Payment Dates. County is not obligated to pay the County Tax Increment from any source
other than taxes collected on the Captured Appraised Value.Furthermore,the County has no
duty or obligation to pay the County Tax Increment from any other County taxes or revenues
or until the County Tax Increment in TIRZ No. 6 is actually collected.The obligation to pay
the County Tax Increment accrues as taxes representing the County Tax Increment are
collected by County, and payment shall be due on May 1 of each year County participates in
TIRZ No. 6. No interest or penalty will be charged to County for any late payment received
from County; provided, however, the penalty and interest received by County on any
delinquent taxes from the County Tax Increment shall be paid to the Tax Increment Fund.
Any portion of the taxes representing County Tax Increment that are paid to County and
subsequently refunded pursuant to a provision of the Act,as amended,shall be offset against
future payments to the Tax Increment Fund.
(d) Four (4)years from the date the Zone is created Developer is required to have:
i. construction of at least ten thousand (10,000.00) square feet of
commercial structure with Certificate of Occupancy issued pursuant to
the Project and Finance Plan.
(e) The County's participation does not extend to the tax increment on any additional property
added to the Zone unless the County specifically agrees to participate in the additional area.
(f) City agrees to provide County with any proposed amendments to the Project and Finance Plan
at least fourteen (14) days prior to their submission to the City Council for approval.
(g) No portion of the Tax Increment contributed to TIRZ No. 6 by County may be paid to the
City for administrative fees.
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Section 4. TERM OF AGREEMENT.
(a) This Agreement becomes effective as of the date of the final signature to this Agreement,and
remains in effect through the earlier of(i) December 31, 2044, or (ii) the date on which the
Plan has been fully implemented and all Project Costs (as defined in section 311.002,Texas
Tax Code,and as may be further limited in the Plan),bonds,notes,or other obligations secured
by or payable from, in whole or in part, Tax Increment (referred to in this Agreement as
"obligations"), and interest on the obligations payable from Tax Increment collected on the
Captured Appraised Value of the real property within TIRZ No. 6 have been paid in full.
(b) The first payment of Tax Increment by City under this Agreement is based upon the tax
increment base for the property within TIRZ No. 6 in accordance with the Project and
Financing Plan, and the payment shall be based upon those property taxes levied. The first
payment of Tax Increment by County under this Agreement is based upon the tax increment
base for the Reinvestment Zone Area within TIRZ No.6 being determined in accordance with
the Project and Financing Plan, and the payment shall be based upon those property taxes
levied.
(c) If the project to be undertaken under the Plan is not undertaken, is discontinued, or is
terminated,all monies remaining in the Tax Increment Fund,after satisfaction of lawful claims,
must be paid attributable to each City and County's contribution paid by the respective parties.
In no event shall the time required for payment of monies to the City and County exceed ninety
(90) days following the termination of TIRZ No. 6.
(d) The County's Tax Increment contributed to the Tax Increment Fund shall be used exclusively
for infrastructure costs shown in the Project and Finance Plan as approved by the Board and
the City Council for the City. The Tax Increment Fund may not be used for projects not
included in the Project and Finance Plan.
Section 5. BOARD REPRESENTATIVES AND AUTHORITY OF BOARD.
(a) County has one (1) member as of right under Section 311.009 of the Texas Tax Code, and
City assigns to County the exclusive appointment of one (1) additional member to the
Reinvestment Zone Board of Directors, subject to the requirements under Section 311.009
that the member be an employee or agent of a person that owns real property in the zone.
County will have two(2)board member representatives as described above. The appointment
of the Board Members by the City and County shall then comply with section 311.009 of the
Tax Code.
Board Member 1 Member(or their designee) of the
state senate in whose district the
zone is located
Board Member 2 Member(or their designee)of the
state house of representatives in
whose district the zone is located _
Board Member 3 County
Board Member 4 County
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Board Member 5 City
Board Member 6 City
Board Member 7 Del Mar College
Board Member 8 Developer
Board Member 9 Developer
(b) The board of directors of TIRZ No. 6 shall make recommendations to City concerning the
administration of this chapter in TIRZ No. 6. City by ordinance shall authorize the board to
exercise any of the municipality's powers with respect to the administration,management,or
operation of TIRZ No. 6 or the implementation of the project plan for TIRZ No. 6, except
that City may not authorize the board to: (1)issue bonds;(2)impose taxes or fees;(3) exercise
the power of eminent domain;or(4)give final approval to the project plan.
(c) Subject to the approval of the City Council of the City, the board of TIRZ No. 6 designated
by the City Council under Section 311.005 (a) (4) may exercise the power granted by Chapter
211,Local Government Code, to the City Council to restrict the use or uses of property in
TIRZ No. 6. The TIRZ No. 6 board may provide that a restriction adopted by the board
continues in effect after the termination of TIRZ No. 6. In that event, after termination of
TIRZ No. 6,the restriction is treated as if it had been adopted by the City Council.
Section 6. ANNUAL REPORT.
On or before the 90th day following the end of the fiscal year of City,the City Council shall submit in
writing to the Nueces County Judge a report on the status of TIRZ No. 6. The contents of the report
must contain all information required under section 311.016 of the Texas Tax Code.
Section 7. INCORPORATION OF THE FINANCING PLAN.
Prior to the creation of TIRZ No.6,the preliminary reinvestment zone financing plan,a true and correct
copy of which is attached herein and incorporated into this Agreement as Exhibit"C,"shall be used for
purposes of City and County entering into this Agreement until the adoption of the final Project and
Finance Plan at the City's second reading.
At that time,the funds contributed by City and County herein to the tax increment fund for TIRZ No.
6 shall be used exclusively for the purposes outlined in the approved tax increment Project and Finance
Plan of TIRZ No.6,including,but not limited to,infrastructure improvements,economic development
projects, and other activities also permissible under Chapter 311 of the Texas Tax Code. The final
approved preliminary reinvestment zone Project and Finance Plan is attached herein as Exhibit"E."
Section 8. TERMINATION.
This Agreement shall terminate upon any one of the following:
1. by written agreement of the parties to this Agreement;
2. upon the Expiration Date;
3. by either party, if any subsequent Federal or State legislation or any decision of a court of
competent jurisdiction declares or renders this Agreement invalid,illegal or unenforceable;
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4. upon County contribution of the Maximum Contribution Amount to the Tax Increment Fund;
or
5. upon written notice from County to City where none of the following has occurred within four
(4) years from the date the Zone is created:
i. construction of at least ten thousand (10,000.00) square feet of
commercial structure with Certificate of Occupancy issued pursuant to
the Project and Finance Plan.
6. Force Majeure. No Party shall be liable or responsible to the other Party, nor be deemed to
have defaulted under or breached this Agreement, for any failure or delay in fulfilling or
performing any term of this Agreement when and to the extent such failure or delay is caused
by and results from Force Majeure Events that affect the purpose of this Agreement, where
Force Majeure Events are exclusively defined herein as: (a) flood, fire, earthquake or
explosion; (b)war,terrorist threats or acts, riot or other officially declared civil unrest; (c) national
or regionally declared emergency; and (d)epidemic, pandemic or similar emergency shut-down
(which is defined by the United States Center for Disease Control as virulent human influenza
or infection that may cause global outbreak, or pandemic, or serious illness).
Section 9. CONDITIONS PRECEDENT.
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(a)Adoption and Incorporation of City Ordinances and Instruments Related to TIRZ No. 6 as
Condition Precedent to County's Participation in TIRZ No. 6. Notwithstanding any other section,
clause, or obligation,the County shall not participate in TIRZ No. 6 until City has passed all ordinances
and instruments related to the initial creation of TIRZ No. 6. County shall not participate in TIRZ No.
6 until it has reviewed, approved, and incorporated said initial documents into the Agreement. County
reserves its right to refuse approving said initial documents. Should County,in County's sole discretion,
refuse to approve these initial documents, then in that event, this Agreement shall be null and void and
of no further continuing effect, and the County shall not participate in TIRZ No. 6.
Section 10. MISCELLANEOUS.
(a) Texas Government Code Chapter 791. Pursuant to Government Code section 791.011 (d) (3),
each party paying for performance of governmental functions or services, if any, must make those
payments from current revenues available to the paying party.
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(b) Severability. In the event any term,covenant,or condition in this Agreement is held to be invalid
by any court of competent jurisdiction, the invalidity does not affect any other term, covenant, or
condition in this Agreement contained,provided that the invalidity does not materially prejudice either
County or City in their respective rights and obligations contained in the valid terms, covenants, or
conditions of this Agreement.
(c) Entire Agreement. This Agreement merges the prior negotiations and understandings of City
and County to this Agreement and embodies the entire agreement of City and County,and there are
no other agreements, assurances, conditions, covenants (express or implied), or other terms with
respect to the covenants, whether written or verbal, antecedent, or contemporaneous, with the
execution of this Agreement.
(d) Written Amendment. Unless otherwise provided in this Agreement, this Agreement may be
amended only by written instrument duly executed on behalf of each party.
(e) Notices.
(1)All notices required or permitted under this Agreement must be in writing and must be deemed
delivered when actually received or,if earlier,on the third (3)business day following deposit in a
United States Postal Service post office or receptacle with proper postage affixed (certified mail,
return receipt requested) addressed to the other respective party at the address prescribed as
follows in subsection (2),or at such other address as the receiving party may have prescribed by
notice to the sending party.
(2)The initial addresses of the parties,which a party may change by giving written notice of
its changed address to the other party,are as follows:
City: County:
Peter Zanoni Connie Scott
City Manager Nueces County Judge
City of Corpus Christi County of Nueces
1201 Leopard Nueces County Courthouse
P.O.Box 9277 901 Leopard,Room 303
Corpus Christi,Texas 78469-9277 Corpus Christi,Texas 78401
(f) Non-Waiver. Failure of any party to this Agreement to insist on the strict performance of any
of the agreements in this Agreement or to exercise any rights or remedies accruing under this
Agreement upon default or failure of performance may not be considered a waiver of the right to
insist on,and to enforce by any appropriate remedy,strict compliance with any other obligation under
this Agreement,or to exercise any right or remedy occurring as a result of any future default or failure
of performance.
(g) Successors. This Agreement binds and benefits the parties and their legal successors. This
Agreement does not create any personal liability on the part of any officer,employee,or agent of City,
or any officer,employee,or agent of TIRZ No.6,or any officer,employee,or agent of County.
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(h) No Waiver of Immunity. No party to this Agreement 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 in this Agreement.
(i) No Third-Party Beneficiaries. Nothing herein shall be construed to create or grant any rights,
contractual or otherwise,in or to any third persons or entities. Neither party shall incur any debts or
obligations on the credit of the other party.
(j) Construction. Notwithstanding any rule of construction to the contrary, any ambiguity or
uncertainty in this Agreement or an Addendum shall not be construed against any party based upon
authorship of any of the provisions hereof.
(k) Headings. The headings at the beginning of the various provisions of this Agreement have only
been included to make it easier to locate the subject covered by each provision and are not to be
controlling in construing this Agreement.
(1) Counterparts. This Agreement may be executed in any number of counterparts, each of which
when so executed and delivered shall constitute an original,but such counterparts shall constitute one
and the same instrument.
(m)Execution and Delivery. This Agreement may be executed and delivered electronically.Original
signatures transmitted and received digitally or via facsimile or other electronic transmission of a
scanned document(e.g.,pdf or similar format),are true and valid signatures for all purposes hereunder
and shall bind the parties to the same extent as that of an original signature.Any such digital,facsimile,
or electronic mail transmission shall constitute the final agreement of the parties and conclusive proof
of such agreement.
(n) Signatory Warranty. This Agreement has been officially authorized by each party hereto and
each signatory to this Agreement guarantees and warrants that the signatory has full authority to
execute this Agreement.
IN WITNESS WHEREOF,City and County have made and executed this Agreement as evidenced
by their signatures below.
CITY OF CORPUS CHRISTI NUECES COUNTY
, 6.7y910 C±..54N4
Mayor Paulette Guajard Honorable Connie Scott
City of Corpus Christi Nueces County Judge
Date: Date:
Attest:
Page 10 of 11 " J
rr ) Ka a Sands
Nueces County Clerk
ATTEST: ATTEST:
I
1
Rebecca Huerta Kara Sands
City Secretary County Clerk
Date: Date:
CD( '033 Lg AUTHORIZED
BY COUNCIL 16--15—a l
2V 156
SECRETARY
APPROVED AS TO FORM: APPROVED AS TO FORM:
ciCounty \ ttorney
ssistant City Attorney for
City of Corpus Christi
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