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26 - TAX INCREMENT FINANCING
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02/22/2016
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26 - TAX INCREMENT FINANCING
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CHAPTER 311. TAX INCREMENT FINANCING ACT of the TAX CODE <br />Tax Increment Reinvestment Zones (TIRZ) are special districts created to help attract new investment to <br />an area. They have historically been used to finance the cost of redevelopment and encourage new <br />development in areas that would otherwise not attract sufficient market development in a timely <br />manner. Taxes attributable to new improvements (tax increments) are set aside in a special fund to <br />finance public improvements within the boundaries of the zone. These funds are most commonly used <br />to fund street, water and sewer improvements but are also be used for street lighting, parking <br />structures, sidewalks, park amenities, and landscaping. Each of these elements contributes to the <br />viability of the neighborhood and promotes quality development. <br />A number of Texas cities have one or more TIRZ districts with the common goal of stimulating or <br />accommodating new private investment and thereby increasing real estate values and improving quality <br />of life. When a specific geographic area is designated as a TIRZ, the property values on that date become <br />the "benchmark" or the base values. Only the additional tax revenue generated from new development, <br />redevelopment, or increased values on existing development are allocated to the TIRZ. Therefore, the <br />district does not increase the tax rate but only reallocates all or a portion of the revenue from the <br />increased tax base back to the area for a said period of time. If debt is incurred, the TIRZ must remain in <br />place at least until all such debt is retired. <br />To be designated a reinvestment zone, an area must substantially arrest or impair the sound growth of <br />the municipality, retard the provision of housing, or constitute an economic or social liability and be a <br />menace to the public health, safety, or welfare because of the presence of one or more of the following <br />conditions: a) substandard or deteriorating structures, inadequate sidewalks or streets, faulty lot <br />layouts, unsanitary or unsafe conditions, defective or unusual conditions of title, , the deterioration of <br />site or other improvements or conditions that endanger life or property; or b) an area that is <br />predominately open and because of obsolete platting, or other factors, substantially impairs the growth <br />of the area. As an alternative, a TIRZ may be initiated by property owners who own a minimum of 50% <br />of the appraised value in the proposed zone. <br />The process for establishing a TIRZ is generally as follows: <br />• City prepares a preliminary reinvestment zone financing plan; <br />• Plan is provided to each governmental entity that levies taxes on real property within the zone; <br />• City meets with other taxing entities to discuss the boundary of the district and amount of the <br />tax increment to be contributed; <br />• City conducts public hearing(s) and approves boundary of district by ordinance; <br />• City appoints TIRZ Board consisting of 5 -15 members (including one appointee each from PISD, <br />PJC, and county, plus state senator and state representative); and <br />• TIRZ board prepares a "project plan" and a "financing plan" and submits to council for adoption. <br />Cities are authorized to: <br />
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