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HomeMy WebLinkAboutOrd 951-2021 Designating Tax Increment Reinvestment Zone #4 (TIRZ)CITY OF ANNA, TEXAS ORDINANCE NO. q- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, DESIGNATING A GEOGRAPHIC AREA WITHIN THE CITY AS A TAX INCREMENT REINVESTMENT ZONE PURSUANT TO CHAPTER 311 OF THE TEXAS TAX CODE, TO BE KNOWN AS REINVESTMENT ZONE NUMBER FOUR, CITY OF ANNA, TEXAS; DESCRIBING THE BOUNDARIES OF THE ZONE; CREATING A BOARD OF DIRECTORS FOR THE ZONE AND APPOINTING MEMBERS OF THE BOARD; ESTABLISHING A TAX INCREMENT FUND FOR THE ZONE; CONTAINING FINDINGS RELATED TO THE CREATION OF THE ZONE; PROVIDING A DATE FOR THE TERMINATION OF THE ZONE; PROVIDING THAT THE ZONE TAKE EFFECT IMMEDIATELY UPON PASSAGE OF THE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna, Texas (the "City"), pursuant to Chapter 311 of the Texas Tax Code, as amended (the "Act"), may designate a geographic area within the City as a tax increment reinvestment zone if the area satisfies the requirements of the Act; and WHEREAS, pursuant to and as required by the Act, the City Council prepared a Reinvestment Zone Number° Four, City ofAnna, Texas, Preliminary Project and Finance Plan (the "Preliminary Project and Finance Plan") for a proposed tax increment reinvestment zone containing the approximately 319.01 acres described and depicted on Exhibit A attached hereto and incorporated herein for all purposes (the "Property"); and WHEREAS, notice of the public hearing on the creation of the proposed zone was published in a newspaper of general circulation within the County, on December 6, 2021, which date is not later than the seventh (7th) day before the public hearing held on December 14, 2021; and WHEREAS, at the public hearing on December 14, 2021, interested persons were allowed to speak for or against the creation of the zone, the boundaries of the zone, and the concept of tax increment financing, and owners of property in the proposed zone were given a reasonable opportunity to protest the inclusion of their property in the zone; and WHEREAS, evidence was received and presented at the public hearing in favor of the creation of the zone; and WHEREAS, the City has taken all actions required to create the zone including, but not limited to, all actions required by the Act, the Texas Open Meetings Act, and all other laws applicable to the creation of the zone; and WHEREAS, the City desires to appoint initial members to the board of directors of the zone; and WHEREAS, terms used in this Ordinance that have their initial letters capitalized shall have the meanings given to them in this Ordinance; however, terms that are CAPITALIZED IN BOLD shall have the meanings given to them in the Preliminary Project and Finance Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. FINDINGS. (a) The recitals, findings, and determinations contained in the preamble to this Ordinance are incorporated into the body of this Ordinance as if fully set forth in this Section and are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. (b) The City Council finds that the PUBLIC IMPROVEMENTS will significantly enhance the value of all the taxable real property in the zone and will be of general benefit to the City. (c) The City Council finds that the proposed zone meets the requirements of Section 311.005(a)(2) of the Act in that: (i) there is a need for essential public infrastructure and economic development programs to attract new business and commercial activity to the proposed zone for the purposes of increasing the real property tax base for all taxing units within the zone, increasing sales and use taxes for the City and the State of Texas, and increasing job opportunities for residents of the City and the region; and (ii) the reinvestment zone, as shown in Exhibit A, meets the criteria for the creation of a reinvestment zone set forth in Section 311.005 of the Act in that the area is predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impairs and arrests the sound growth of the municipality. (d) The City Council finds that the proposed zone is a geographic area 100% within the City's corporate limits or extraterritorial jurisdiction. (e) The City Council finds that not more than thirty percent (30%) of the property in the proposed zone, excluding property that is publicly owned, is used for residential purposes, and the total appraised value of taxable real property in the proposed zone does not exceed fifty percent (50%) of the total appraised value of taxable real property in the City and in the industrial districts created by the City. (f) The City Council finds that the development or redevelopment of the property in the proposed zone will not occur solely through private investment in the reasonably foreseeable future. (g) The City Council finds that the Preliminary Project and Finance Plan is feasible. (h) The City Council finds that the implementation of the Project and Finance Plan (as defined below) will alleviate the conditions described in Section 1(c) above and will serve a public purpose. SECTION 2. DESIGNATION AND NAME OF THE ZONE. Pursuant to the authority of, and in accordance with the requirements of the Act, the City Council hereby designates the Property as a tax increment reinvestment zone. The name assigned to the zone for identification is Reinvestment Zone Number Four, City of Anna, Texas (the "Zone"). The Zone is designated pursuant to Section 311.005(a)(2) of the Act. SECTION 3. BOARD OF DIRECTORS. . 3.1 The City Council hereby creates a board of directors for the Zone (the 'Board") consisting of nine members. Seven members shall be appointed by the City Council to Places 1,2,3,4, 5, 6, and 7. Place 8 shall be appointed by the Commissioners Court of Collin County, Texas (the "County"), if the County participates in the Zone. If the County does not participate in the Zone, the Commissioners Court shall be deemed to have waived its right to appoint such members and the Place goes away. 3.2 The City Council hereby appoints the following individuals to serve as the initial members of the Board for the terms indicated: Place 1 Mayor (term expires December 31, 2024) Place 2 Council Place 1 (term expires December 31, 2024) Place 3 Council Place 2 (term expires December 31, 2022) Place 4 Council Place 3 (term expires December 31, 2023) Place 5 Council Place 4 (term expires December 31, 2022) Place 6 Council Place 5 (term expires December 31, 2023) Place 7 Council Place 6 (term expires December 31, 2022) Place 8 shall be appointed by the County for a term that expires December 31, 2023. Upon expiration of the indicated terms or upon City Council action to reconstitute the initial Board by appointing replacement members, subsequent appointments to fill vacancies shall be for terms of two years. The member appointed to Place 1 shall serve as the chairman of the Board. The Board is authorized to elect a vice-chairman and other officers as determined by the Board. 3.3 The Board shall make recommendations to the City Council concerning the administration, management, and operation of the Zone. The Board shall prepare or cause to be prepared and adopted a project plan and a reinvestment zone financing plan for the Zone (the "Project and Finance Plan") as required by the Act, and shall submit the Project and Finance Plan to the City Council for approval. The City Council hereby delegates to the Board all powers necessary to implement any Project and Finance Plan approved by the City Council, including the power to employ consultants and enter into agreements that the Board considers necessary or convenient to implement the Project and Finance Plan and to administer, operate, and manage the Zone including, but not limited to, the power to enter into reimbursement agreements and other obligations secured by the TIRZ FUND established pursuant to Section 6 of this Ordinance. 3.4 Directors shall not receive any salary or other compensation for their services as directors. 3.5. Pursuant to Section 311.010(h) of the Act and Article III, Section 52-a of the Texas Constitution, the City Council hereby authorizes the Board, as necessary or convenient to implement the Project and Finance Plan and achieve its purposes, to establish and provide for the administration of one or more programs for the public purposes of developing and diversifying the economy of the Zone, eliminating unemployment and underemployment in the Zone, and developing or expanding transportation, business, and commercial activity in the Zone, including programs to make grants of land and buildings and make grants from the TIRZ Fund for activities that benefit the Zone and stimulate business and commercial activity in the Zone. In addition, the City Council hereby authorizes the Board to exercise all of the powers of the City under Chapter 380, Texas Local Government Code, as amended. SECTION 4. DURATION OF THE ZONE. The Zone shall take effect immediately upon the passage and approval of this Ordinance. The Zone shall terminate on December 31, 2057 (with final year's tax to be collected by September 30, 2058), unless otherwise terminated in accordance with this section. The City shall have the right to terminate the Zone prior to the expiration of its stated term if all of the PROJECT COSTS have been paid in full. If upon expiration of the stated term of the Zone, PROJECT COSTS have not been paid, the City and the County, shall have no obligation to pay the shortfall. SECTION 5. TAX INCREMENT BASE. The "tax increment base" for purposes of calculating the CITY TAX INCREMENT, and if the County participates in the Zone the COUNTY TAX INCREMENT, and means the total appraised value of all real property in the Zone that is taxable by the City and the County, respectively, as of January 1, 2021. SECTION 6. CAPTURED APPRAISED VALUE. The "captured appraised value" for purposes of calculating the annual CITY TAX INCREMENT, and if the County participates in the Zone the COUNTY TAX INCREMENT, means the total real property value taxable (including increase tax values attributable to changes in use) by a taxing unit for a year and located in the Zone for that year less the tax increment base of the unit. SECTION 7. TAX INCREMENT FUND. There is hereby created and established a TIRZ FUND for the Zone. Within the TIRZ FUND, there may be maintained subaccounts as necessary and convenient to carry out the purposes of the Act. The CITY TAX INCREMENT and COUNTY TAX INCREMENT shall be deposited into the TIRZ FUND as of the effective date of the Zone. The TIRZ FUND and all subaccounts shall be maintained at the depository bank of the City and shall be secured in the manner prescribed by law for funds of Texas cities. Prior to termination of the Zone, funds shall be disbursed from the TIRZ FUND only to pay PROJECT COSTS. SECTION 8. SEVERABILITY. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances, is for any reason held to be invalid, the validity of the remaining provisions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no provision of this Ordinance shall become inoperative because of the invalidity of another provision; and, therefore, all provisions of this Ordinance are declared severable for that purpose. SECTION 9. OPEN MEETINGS. It is hereby found, determined, and declared that sufficient written notice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding its meeting, as required by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, as amended, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage as provided by law. PASSED, APPROVED, AND ADOPTED\\\`\`���,�,���.�.��u/,,,,�����/'//' & A/V 4te Pike, Mayor ATTEST: '• Carrie Land, City Secretary Effective: �&.cq� C90A APPROVED AS TO FORM AND LEGALITY: C�� ClarkH.McCoy, Jr., ity Attorney EXHIBIT A PRELIMINARY PROJECT AND FINANCE PLAN [REMAINDER OF THIS PAGE INTENTIONALLYLEFT BLANK] REINVESTMENT ZONE NUMBER FOUR, CITY OF ANNA, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN DECEMBER 14, 2021 TABLE OF CONTENTS Tableof Contents.........................................................................................................................................1 Section1: Introduction.................................................................................................................................2 Section2: Description and Maps..................................................................................................................4 Section 3: Proposed Changes to Ordinances, Plans, Codes, Rules, and Regulations....................................4 Section 4: Relocation of Displaced Persons..................................................................................................5 Section 5: Estimated Non -Project Costs.......................................................................................................5 Section 6: Proposed Public Improvements...................................................................................................5 Section 7: Estimated Project Costs...............................................................................................................5 Section8: Economic Feasibility.....................................................................................................................6 Section 9: Estimated Bonded Indebtedness.................................................................................................7 Section10: Appraised Value.........................................................................................................................7 Section11: Method of Financing..................................................................................................................7 Section 12: Duration of the Zone, Termination............................................................................................8 Listof Exhibits...............................................................................................................................................8 ExhibitA— Map of the Zone.........................................................................................................................9 ExhibitB — Non -Project Costs.....................................................................................................................10 ExhibitC — Project Costs.............................................................................................................................11 Exhibit D — Estimated Timeline of Incurred Costs.......................................................................................12 ExhibitE — Feasibility Study........................................................................................................................13 Exhibit F — Map of the Public Improvements..............................................................................................14 Exhibit G — Proposed Uses of the Property................................................................................................16 Exhibit H — Parcel Identification..................................................................................................................17 REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS 1 PRELIMINARY PROJECT AND FINANCE PLAN I SECTION 1: INTRODUCTION I 1.1 Authority and Purpose The City of Anna, Texas, a Texas home -rule municipality (the "City") has the authority under Chapter 311, Texas Tax Code, Tax Increment Financing Act, as amended (the "Act") to designate a contiguous or noncontiguous geographic area within the corporate limits or extraterritorial jurisdiction of the City as a tax increment reinvestment zone to promote development or redevelopment of the area because the governing body of the City (the "City Council") has determined that development or redevelopment would not occur solely through private investment in the reasonably foreseeable future, that the Zone is feasible, and that creation of the Zone is in the best interest of the City and the property in the Zone. The purpose of the Zone is to facilitate such development or redevelopment by financing the costs of public works, public improvements, programs, and other projects benefiting the Zone, plus other costs incidental to those expenditures, all of which costs are authorized by the Act. 1.2 Eligibility Requirements An area is eligible under the Act to be designated as a tax increment reinvestment zone if it either (1) substantially arrests or impairs the sound growth of the municipality designating the Zone, retard the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition, or (2) is predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impairs or arrests the sound growth of the City, (3) is in a federally assisted new community located in the City or in an area immediately adjacent to a federally assisted new community, or (4) is in an area described in a petition requesting that the area be designated as a reinvestment zone, if the petition is submitted to the governing body of the City by the owners of property constituting at least fifty percent (50%) of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is located. The City cannot, however, designate a zone if more than thirty percent (30%) of the property in the proposed zone, excluding property that is publicly owned, is used for residential purposes, or if the total appraised value of taxable real property in the proposed zone and in existing reinvestment zones exceeds fifty percent (50%) of the total appraised value of taxable real property in the City and in industrial districts created by the City. 1.3 Proposed Zone The City Council intends to create a tax increment reinvestment zone to be known as "Reinvestment Zone Number Four, City of Anna, Texas" (the "Zone") that includes approximately 319.01 acres of land which parcels are identified on Exhibit H and depicted on Exhibit A (the REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN `A "Property'). The Property is owned by AnaCapri Laguna Azure LLC, a Wyoming limited liability company (the "Owner"). The Property is currently zoned Planned Development, and Agricultural District. The Property is undeveloped, and due to its size, location, and physical characteristics, development will not occur solely through private investment in the foreseeable future. The Property substantially impairs and arrests the sound growth of the City because it is predominately open and undeveloped due to factors such as the lack of public infrastructure and the need for economic incentive to attract development to the Zone for the purpose of providing long-term economic benefits including, but not limited to, increased real property tax base for all taxing units in the Zone. If the public improvements, and other projects are financed as contemplated by this Preliminary Plan (hereinafter defined), the City envisions that the Property will be developed to take full advantage of the opportunity to bring to the City and Collin County, (the "County"), a quality master planned residential development. 1.4 Preliminary Plan and Hearing Before the City Council adopts the ordinance designating the Zone, the City Council must prepare a preliminary reinvestment zone financing plan in accordance with the Act and hold a public hearing on the creation of the proposed Zone and its benefits to the City and to the Property, at which public hearing interested persons are given the opportunity to speak for and against the creation of the proposed Zone, the boundaries of the proposed Zone and the concept of tax increment financing, and at which hearing the owners of the Property will be given a reasonable opportunity to protest the inclusion of their Property in the proposed Zone. The requirement of the Act for a preliminary reinvestment zone financing plan is satisfied by this Preliminary Plan dated December 14, 2021(the "Preliminary Plan'), the purpose of which is to describe, in general terms, the public improvements that will be undertaken and financed by the Zone. A description of how such public improvements and projects will be undertaken and financed will be determined by the Final Plan and by the TIRZ Agreement (both hereinafter defined), which require approval by the Board (hereinafter defined) and by the City Council. 1.5 Creation of the Zone Upon the closing of the above referenced public hearing, the City Council may adopt an ordinance in accordance with the Act creating the Zone if (1) the City Council finds that development or redevelopment of the Property would not occur solely through private investment in the reasonably foreseeable future, (2) that the Zone is feasible, (3) that improvements in the Zone will significantly enhance the value of all the taxable real property in the Zone and will be of general benefit to the City, and (4) that the Property is primarily open and undeveloped and meets the eligibility requirements of the Act. Among other provisions required by the Act, the ordinance creating the Zone will appoint a Board of Directors for the Zone (the "Board"). REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS 3 PRELIMINARY PROJECT AND FINANCE PLAN 1.6 Board Recommendations After the creation of the Zone, the Board will review this Preliminary Plan and approve and recommend to the City Council a "Reinvestment Zone Number Four, City of Anna, Texas, Final Project and Finance Plan" (the "Final Plan"), and an agreement between the Owner, Board, and City (the "TIRZ Agreement") pursuant to which the City will contribute a portion of its ad valorem tax increment attributable to new development in the Zone (the "Tax Increment") into a tax increment fund created by the City and segregated from all other funds of the City (the "TIRZ Fund") to pay to the Owner or its assigns, in accordance with the TIRZ Agreement, the costs of public improvements and other projects benefiting the Zone. 1.7 Council Action The City Council will take into consideration the recommendations of the Board and will consider approval of the Final Plan, and the TIRZ Agreement. If the TIRZ Agreement is approved, the City Council will authorize and direct its execution. I SECTION 2: DESCRIPTION AND MAPS I 2.1 Existing Uses and Conditions The Property is currently located within the corporate limits of the City and is zoned Planned Development, and Agricultural District, in accordance with the City's zoning ordinance. The Property is undeveloped, and there is no public infrastructure to support development. Development will require extensive public infrastructure that: (1) the City cannot provide, and (2) will not be provided solely through private investment in the foreseeable future. A map of the Property and the Zone is shown on Exhibit A. 2.2 Proposed Uses The proposed uses of the Property are expected to consist of single-family residential uses, as shown on Exhibit G. 2.3 Parcel Identification The parcels identified on Exhibit H provide sufficient detail to identify with ordinary and reasonable certainty the territory included in the Zone. SECTION 3: PROPOSED CHANGES TO ORDINANCES, PLANS, CODES, RULES, AND REGULATIONS The Property is wholly located in the corporate limits of the City and shall be subject to the City's zoning regulation. The City has exclusive jurisdiction over the subdivision and platting of the REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS 4 PRELIMINARY PROJECT AND FINANCE PLAN property within the Property and the design, construction, installation, and inspection of water, sewer, drainage, roadway, and other public infrastructure. No proposed changes to zoning ordinances, comprehensive plan, building codes, subdivision rules, or other municipal ordinances are planned. I SECTION 4: RELOCATION OF DISPLACED PERSONS I No persons will be displaced and in need of relocation due to the creation of the Zone or implementation of the Final Plan. SECTION 5: ESTIMATED NON -PROJECT COSTS Non -project costs are private funds that will be spent to develop in the Zone but will not be financed by the Zone. The list of non -project costs is shown on Exhibit B and are estimated to be approximately $322.3 million. SECTION 6: PROPOSED PUBLIC IMPROVEMENTS 6.1 Categories of Public Improvements The proposed public improvements to be financed by the Zone include roads, water, sanitary sewer, storm drainage, landscaping and professional services (the "Public Improvements"), as detailed on Exhibit C. All Public Improvements shall be designed and constructed in accordance with all applicable City standards and shall otherwise be inspected, approved, and accepted by the City. At the City's option, the Public Improvements may be expanded to include any other category of improvements authorized by the Act. 6.2 Locations of Public Improvements The estimated locations of the proposed Public Improvements are depicted on Exhibit F. These locations may be revised, with the approval of the City, from time to time without amending the Final Plan. I SECTION 7: ESTIMATED PROJECT COSTS I 7.1 Project Costs The total costs for projects in the Zone, which includes the Public Improvements costs and the cost of administering the Zone, are estimated to be $45.4 million (the "Project Costs"), as shown on Exhibit E. REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS 5 PRELIMINARY PROJECT AND FINANCE PLAN 7.2 Estimated Costs of Public Improvements The estimated costs of the Public Improvements within the Zone are $45.0 million, as shown on Exhibit C. 7.3 Estimated Administrative Costs The estimated costs for administration of the Zone shall be the actual, direct costs paid or incurred by or on behalf of the City to administer the Zone (the "Administrative Costs"). The Administrative Costs include the costs of professional services, including those for planning, engineering, and legal services paid by or on behalf of the City. The Administrative Costs also include organizational costs, the cost of publicizing the creation of the Zone, and the cost of implementing the project plan for the Zone paid by or on behalf of the City that are directly related to the administration of the Zone. The Administrative Costs shall be paid each year from the TIRZ Fund before any other Project Costs are paid. The Administrative Costs are estimated to begin in 2022 and escalate at two percent (2%) thereafter. 7.4 Estimated Timeline of Incurred Costs The Administrative Costs will be incurred annually beginning at the time the Zone is created and through the duration of the Zone. It is estimated the Project Costs will be incurred during calendar years 2022 through 2028, as shown on Exhibit D. SECTION 8: ECONOMIC FEASIBILITY 8.1 Feasibility Study For purposes of this Preliminary Plan, economic feasibility has been evaluated over the term of the Zone, as shown on Exhibit E (the "Feasibility Study"). This evaluation focuses on only direct financial benefits (i.e. ad valorem tax revenues from the development of Public Improvements in the Zone). Based on Table 1 below, during the term of the Zone, new development (which would not have occurred but for the Zone) will generate approximately $95.6 million in total new real property tax revenue, and $47.8 million will be contributed to the General Fund. The remaining additional revenue will be deposited in the TIRZ Fund to pay Project Costs. Table 1 The Feasibility Study shows a portion of the new real property tax revenue generated by the Zone will be retained by the City. The remainder of the new real property tax revenue generated within the Zone will be available to pay Project Costs, until the term expires or is otherwise terminated. REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS 6 PRELIMINARY PROJECT AND FINANCE PLAN Upon expiration or termination of the Zone, one hundred percent (100%) of all tax revenue generated within the Zone will be retained by the respective taxing entities. Based on the foregoing, the feasibility of the Zone has been demonstrated. SECTION 9: ESTIMATED BONDED INDEBTEDNESS No bonded indebtedness issued by the City pursuant to the Act is contemplated. SECTION 10: APPRAISED VALUE 10.1 Current Appraised Value The current total appraised value of taxable real property in the Zone is $53,194, which represents the Tax Increment Base, (the "Tax Increment Base") of the Property and shall be confirmed by the Collin County Appraisal District in accordance with Section 311.012(c) of the Act. 10.2 Estimated Captured Appraised Value The amount of the Tax Increment for a year during the term of the Zone is the amount of property taxes levied and collected by the City for that year on the captured appraised value of the Property less the Tax Increment Base of the Property, (the "Captured Appraised Value"). The Tax Increment Base of the Property is the total taxable value of the Property for the year in which the Zone was designated, as described in Section 10.1 above. It is estimated that upon expiration of the term of the Zone, the total Captured Appraised Value of taxable real property in the Zone will be approximately $710.9 million, as shown on Exhibit E. The actual Captured Appraised Value, as certified by the Collin County Appraisal District will, for each year, will be used to calculate annual payment by the City into the TIRZ Fund pursuant to the Final Plan. SECTION 11: METHOD OF FINANCING Pursuant to the Development Agreement, the Owner has paid, and will in the future pay, those Project Costs attributable to the Public Improvements and will construct or cause to be constructed the Public Improvements. The Final Plan shall obligate the City to deposit into the TIRZ Fund each year for the duration of the Zone an amount equal to fifty percent (50%) of the Captured Appraised Value in the Zone levied and collected that constitutes the Tax Increment for that year. For example, in FY 2022, the City tax rate is $0.5695 per $100 of assessed value, therefore the City will contribute $0. 28475 per $100 of the Captured Appraised Value in the Zone levied and collected. Funds deposited into the TIRZ Fund shall always first be applied to pay the Administrative Costs. After the Administrative Costs have been paid, funds in the TIRZ Fund shall next be used to fund the Public Improvements. All payments of Project Costs shall be made solely REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS 7 PRELIMINARY PROJECT AND FINANCE PLAN from the TIRZ Fund and from no other funds of the City unless otherwise approved by the governing body, and the TIRZ Fund shall only be used to pay the Project Costs in accordance with the Final Plan and the TIRZ Agreement. The City may amend the Final Plan in compliance with the TIRZ Agreement, including but not limited to what is considered a Project Cost. SECTION 12: DURATION OF THE ZONE, TERMINATION 12.1 Duration The stated term of the Zone shall commence on the creation of the Zone, and shall continue for thirty-six years (36) until December 31, 2057, with the last payment being received by January 31, 2058 unless otherwise terminated in accordance with the TIRZ Creation Ordinance. 12.2 Termination The Zone will terminate prior to the expiration of its stated term if the Project Costs are fully funded. If upon expiration of the stated term of the Zone, the Project Costs have not been fully funded, the City, shall have no obligation to pay the shortfall and the term shall not be extended. The provisions of this section shall be included in the TIRZ Agreement. Nothing in this section is intended to prevent the City from extending the term of the Zone in accordance with the Act. LIST OF EXHIBITS Unless otherwise stated, all references to "Exhibits" contained in this Preliminary Plan shall mean and refer to the following exhibits, all of which are attached to and made a part of this Preliminary Plan for all purposes. Exhibit A Map of the Zone Exhibit B Non -Project Costs Exhibit C Project Costs Exhibit D Estimated Timeline of Incurred Costs Exhibit E Feasibility Study Exhibit F Map of the Public Improvements Exhibit G Proposed Uses of the Property Exhibit H Legal Description REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS PRELIMINARY PROJECT AND FINANCE PLAN 8 W Z O W 2 LL O a I Q I- 00 2 X W X `11 11 IJ Z Q � Q� _ �►_ niun �i r � 1 1 \C ��s `►\ ■ ■ •.111 ,�'�� �. Him. Himit,111""1 ■ Ip _ ' 1 ulu►+ �0 = n man No =. -.1 u u uua _ s?:e a _ � __ _= __ ■ 1 nunow ut um . __ - 111111111111 IIIII r 11 + - _ �- IIIIIIIIIIIilill 111111 1111 p 11111 II 1 1 `: ;� IIIIIiI ►� h IIU % uuit ,W W, =Y I1IIIIIIOII, ., Il�lllllsll Illllr _• mlr =s� z u 1,11,11,11 II` 11 1 - = 1 Illlllllil �xC= -m-dac 111111111 II 1 l+ll 1 I1111 ,tlllll'�% Is = 1 m O O O O O O O O O O O O O O O d' O N Q1 Ln • N � M W W N 00 M m M 00 cri cV n N M O O O O O O O O O O O O O O O O O O O O O W QD r-1 Ln L.D 00 Ln H H M Ol � N 01 r-1 -I M vi to tj)- O O O O O O O O 0 0 0 0 .� O O O O M M M M LL Ln O O O O O O O O O O O O O O O a-t0 O 06 r-I Lf1 aj IL f� I:t N N L,D c 0 • M O N rI n Ln r\ Ln M O 41 r I N N 41 O O O O O O O O O O O O 00 O rri m to to lD tnt/� tnto Q1 M C .-I 00 r, lD N r-I cV It M r-I aJ JO JO O O 41 O a o LPL LPL +j o 0 O 0 ti Ln a X w F- a z Zg Z n aLL w OU Z �a _ Z U LL O Z Z a w z w 00 N Q. z a w � a N z_ >� z W NJ D � a EXHIBIT C - PROJECT COSTS Public Improvements Roads $ 14,483,365 Water $ 4,034,804 Sanitary Sewer $ 4,396,390 Storm Drainage $ 7,170,896 Landscaping $ 4,382,438 Soft Costs $ 10,579,561 Public Improvements Subtotal $ 45,047,454 Administrative Costs $ 387,922 REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS 11 PRELIMINARY PROJECT AND FINANCE PLAN EXHIBIT D - ESTIMATED TIMELINE OF INCURRED COSTS TIRZ Term Calendar Year Soft Costs Construction Costs Base 2021 $ - $ - $ - $ - 1 2022 $ 840,126 $ 2,737,104 $ 3,577,230 $ 3,577,230 2 2023 $ 816,122 $ 2,658,901 $ 3,475,023 $ 7,052,253 3 2024 $ 832,444 $ 2,712,079 $ 3,544,523 $ 10,596,776 4 2025 $ 713,238 $ 2,323,709 $ 3,036,948 $ 13,633,724 5 2026 $ 2,811,497 $ 9,159,772 $ 11,971,268 $ 25,604,992 6 2027 $ 2,731,904 $ 8,900,462 $ 11,632,367 $ 37,237,359 7 2028 $ 1,834,230 $ 5,975,865 $ 7,810,095 $ 45,047,454 $ 45,047,454 REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS 12 PRELIMINARY PROJECT AND FINANCE PLAN EXHIBIT E - FEASIBILITY STUDY TIRZTerm Calendar Year Growth / Year Residential Development Annual New Incremental Value Net Taxable Value Value 0.5695 50% $ $ Base 2021 $ - $ 53,194 $ - 1 2022 2.0% $ - $ 54,258 $ 1,064 0.5695 50% $ $ 2 2023 2.0% $ 34,957,440 $ 35,012,783 $ 34,959,589 0.5695 50% $ 3 $ 3 3 2024 2.0% $ 33,959,656 $ 69,671,695 $ 69,618,501 0.5695 50% $ 99,547 $ 99,550 4 2025 2.0% $ 34,637,829 $ 105,702,958 $ 105,649,764 0.5695 50% $ 198,239 $ 297,789 5 2026 2.0% $ 29,677,692 $ 137,494,709 $ 137,441,515 0.5695 50% $ 300,838 $ 598,627 6 2027 2.0% $ 116,985,752 $ 257,230,355 $ 257,177,161 0.5695 50% $ 391,365 $ 989,992 7 2028 2.0% $ 113,673,934 $ 376,048,896 $ 375,995,702 0.5695 50% $ 732,312 $ 1,722,304 8 2029 2.0% $ 76,321,892 $ 459,891,766 $ 459,838,572 0.5695 50% $ 1,070,648 $ 2,792,951 9 2030 0.00% $ - $ 459,891,766 $ 459,838,572 0.5695 50% $ 1,309,390 $ 4,102,342 10 2031 0.00% $ $ 459,891,766 $ 459,838,572 0.5695 50% $ 1,309,390 $ 5,411,732 11 2032 2.0% $ $ 469,089,601 $ 469,036,407 0.5695 50% $ 1,309,390 $ 6,721,122 12 2033 2.0% $ $ 478,471,393 $ 478,418,199 0.5695 50% $ 1,335,581 $ 8,056,703 13 2034 2.0% $ $ 488,040,821 $ 487,987,627 0.5695 50% $ 1,362,296 $ 9,418,999 14 2035 2.0% $ $ 497,801,638 $ 497,748,444 0.5695 50% $ 1,389,545 $ 10,808,544 15 2036 2.0% $ $ 507,757,670 $ 507,704,476 0.5695 50% $ 1,417,339 $ 12,225,883 16 2037 2.0% $ $ 517,912,824 $ 517,859,630 0.5695 50% $ 1,445,688 $ 13,671,571 17 2038 2.0% $ $ 528,271,080 $ 528,217,886 0.5695 50% $ 1,474,605 $ 15,146,177 18 2039 2.0% $ $ 538,836,502 $ 538,783,308 0.5695 50% $ 1,504,100 $ 16,650,277 19 2040 0.00% $ $ 538,836,502 $ 538,783,308 0.5695 50% $ 1,534,185 $ 18,184,462 20 2041 0.00% $ $ 538,836,502 $ 538,783,308 0.5695 50% $ 1,534,185 $ 19,718,648 21 2042 2.0% $ $ 549,613,232 $ 549,560,038 0.5695 50% $ 1,534,185 $ 21,252,833 22 2043 2.0% $ $ 560,605,496 $ 560,552,302 0.5695 50% $ 1,564,872 $ 22,817,706 23 2044 2.0% $ $ 571,817,606 $ 571,764,412 0.5695 50% $ 1,596,173 $ 24,413,878 24 2045 2.0% $ $ 583,253,959 $ 583,200,765 0.5695 50% $ 1,628,099 $ 26,041,977 25 2046 2.0% $ $ 594,919,038 $ 594,865,844 0.5695 50% $ 1,660,664 $ 27,702,642 26 2047 2.0% $ $ 606,817,418 $ 606,764,224 0.5695 50% $ 1,693,880 $ 29,396,522 27 2048 2.0% $ $ 618,953,767 $ 618,900,573 0.5695 50% $ 1,727,761 $ 31,124,283 28 2049 2.0% $ $ 631,332,842 $ 631,279,648 0.5695 50% $ 1,762,319 $ 32,886,603 29 2050 0.0% $ $ 631,332,842 $ 631,279,648 0.5695 50% $ 1,797,569 $ 34,684,171 30 2051 0.0% $ $ 631,332,842 $ 631,279,648 0.5695 50% $ 1,797,569 $ 36,481,740 31 2052 2.0% $ $ 643,959,499 $ 643,906,305 0.5695 50% $ 1,797,569 $ 38,279,309 32 2053 2.0% $ $ 656,838,689 $ 656,785,495 0.5695 50% $ 1,833,523 $ 40,112,832 33 2054 2.0% $ $ 669,975,463 $ 669,922,269 0.5695 50% $ 1,870,197 $ 41,983,029 34 2055 2.0% $ $ 683,374,972 $ 683,321,778 0.5695 50% $ 1,907,604 $ 43,890,633 35 2056 2.0% $ $ 697,042,471 $ 696,989,277 0.5695 50% $ 1,945,759 $ 45,836,391 36 2057 2.0% $ $ 710,983,321 $ 710,930,127 1 0.5695 50% $ 1,984,677 $ 47,821,068 $ 440,213,195 $ 47,821,068 Assumptions Base Taxable Value $ 53,194 REINVESTMENT ZONE NO.4, CITY OF ANNA, TEXAS 13 PRELIMINARY PROJECT AND FINANCE PLAN EXHIBIT F - MAP OF THE PUBLIC IMPROVEMENTS REINVESTMENT ZONE NO. 1, CITY OF ANNA, TEXAS 14 PRELIMINARY PROJECT AND FINANCE PLAN Hill PELOTON ANACAPRI ROADWAY EXHIBIT U1I1 LAN. I-TJn N. n!,r;l *F.zAs I oerev— in, x;o REINVESTMENT ZONE NO. 1, CITY OF ANNA, TEXAS 15 PRELIMINARY PROJECT AND FINANCE PLAN EXHIBIT G - PROPOSED USES OF THE PROPERTY PHASE 1: 112.40's 284.50's 098 Lob PHASE 2AM 177-40's 129 - 60's 300 Lob PHASE 0: 105 •40's 112.E s 247 Lob PHASE 4: 164 -40's 126.60's 290 Lots PELOTON ANACAPRI PHASING EXHIBIT I'III LAND LOluT10 NI AN k-MI D¢Cfi ,N.m �... .. REINVESTMENT ZONE NO. 1, CITY OF ANNA, TEXAS 16 PRELIMINARY PROJECT AND FINANCE PLAN rEXHIBIT H - PARCEL IDENTIFICATION Property 1011915 ABS A0786 S E ROBERTS SURVEY, TRACT 1, 27.392 ACRES 1013708 ABS A0997 ELI W WITT SURVEY, TRACT 1, 50. ACRES 2759616 ABS A0786 S E ROBERTS SURVEY, TRACT 2, 45.468 ACRES 2759795 ABS A0786 S E ROBERTS SURVEY, TRACT 3, 84.00 ACRES 2770352 ABS A0288 F T DAFFAU SURVEY, TRACT 1, 111.666 ACRES REINVESTMENT ZONE NO. 1, CITY OF ANNA, TEXAS 17 PRELIMINARY PROJECT AND FINANCE PLAN