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RE 07-20-98.1 RESOLUTION NO. 072098.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR CITY COUNCIL APPROVAL AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT PURSUANT TO SECTION 380 OF THE TEXAS LOCAL GOVERMMENT CODE AND A TAX ABATEMENT AGREEMENT WITH BECK REALTY GROUP LTD. (BECK) AND GTE REALTY CORPORATION (GTE); AND PROVIDING AN EFFECTIVE DATE. WHE~AS, Beck o~s or is under contract to purch~e appro~mately ~enW-four (24) acres of l~d located on the southeast side of State ~way 121 be~een Co.orate P~k Boulev~d ~d Coppell Road in Coppell, Tex~ (the "PROPERTY") ~d ~tends to construct thereon Phase I for G~ ~o (2) five-sto~ o~ buildings of at least 250,000 ~u~e feet ~d associated p~ng (the "FAC~IT~'); ~d WHE~AS, the PROPERTY ~d the FAC~ITY upon completion we to be omed ~d occupied by G~; and W~AS. G~ holds or MIl hold ~ option to purchase appro~mately ten (10) acres to the east ~d adjacent to the PROPERTY for ~mre developmem ora Phase ~ project; ~d WHE~AS, G~ intends to occupy the FAC~ITY ~d m~mfin operations ~thn the City for a period of at least ten (10) ye~s ~er the issu~ce of a ceff~ficate of occup~cy for the FAC~ITY; ~d WHE~AS, G~ intends to use its reasonable best effo~s to employ appm~mately 2,000 people at the FAC~ITY each year; ~d WHE~AS, Beck ~d G~ have requested the CiW pro. de a t~ abatement ~d ce~ain econo~c development ~centives for Phase I to assist in the relocation of GTE to the City of Coppell, Texas; ~d WHE~AS, the City Counc~ desires to ac~lerate the plied improvement of Coppell Road to ~sist in the relocation of G~ to the City of Coppell. Text; and WHE~AS, the City desires to emer imo ~ Econo~c Development ~centive A~eement ~d T~ Abatement Agreement ~th Beck ~d G~, ~ applicable, ~ntingent on the constm~ion of the FAC~ITY ~d the relocation of G~ to the City of Coppell, Texas; ~d WHE~AS, the e~cement of loc~ economy is in the best interest of the citizens of the City of Coppell, Texas; ~d I S819606 WHEREAS, economic development incentives may encourage prospective businesses and companies to locate or expand operations in the City of Coppell, Texas; and WHEREAS, the City of Coppell, Texas is authorized to provide economic development incentives to support the expansion of local businesses, employment and development; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCI~ OF THE CITY OF COPPELL, TEXAS: SECTION 1. That subject to Beck constructing the FACILITY and GTE's agreement to utilize the FACILITY, the City Manager is hereby authorized to negotiate for City Council approval, a Tax Abatement Agreement with Beck and GTE, as applicable, for Phase I in accordance with the City's Tax Abatement Guidelines and criteria. SECTION 2. That the City Council will schedule a public heating for the designation of the PROPERTY as a tax abatement reinvestment zone. Beck and GTE, as applicable, shall comply with the City of Coppell Tax Abatement Guidelines and make formal application to the Economic Development Partnership. SECTION 3. That at least seven (7) days prior to the execution of the Tax Abatement Agreement, notice of the City's intent to enter into the Tax Abatement Agreement will be delivered to the governing body of each of the taxing units that includes in its boundary the PROPERTY. SECTION 4. That the Tax Abatement Agreement shall provide, among other provisions, the following: A. that the development of the property must conform to all the requirements of City zoning ordinance, and other applicable development standards and regulations; 2 SS19606 B. a five (5) year abatement of taxes of fifty percent (50%) of the added value to the real property, and fifty percent (50%) of the value of tangible personal property, excluding inventory, added to the real property, confmgent upon: (a) construction and occupancy of the PROPERTY and FACILITY by GTE or an affiliate on or before December 31, 1999, such occupancy continuing for a period of not less than ten (10) years; (b) construction of the FACILITY with a minimum of costs to be agreed upon; and (c) the creation and maintenance of not less than 2,000 employment positions; C. a description of the kind, number, location and cost of all proposed improvements of the property, including the FACILITY; D. that access to the property is to be provided to allow for the inspection by City inspectors and officials in order to ensure that the improvements or repairs are made according to the specifications and terms of the Tax Abatement Agreement; E. that property tax revenue loss as a result of the Tax Abatement Agreement will be recaptured by the City if the improvements to real property (the "FACILITY") are not made, or job creation requirements are not met, or for other defaults under Tax Abatement Agreement; F. that none of the PROPERTY subject to tax abatement is owned or leased by a member of the City Council or by a member of the City Planning & Zoning Commission; G. that GTE will use its reasonable best efforts to employ approximately two thousand (2,000) people at the FACILITY each year; 3 SS19606 H. that GTE will comply with job creation and/or retention guidelines be set forth in Tax Abatement Agreement; I. that GTE will occupy the FACILITY and maintain operations within the City for a period of at least ten (10) years following the issuance of a certificate of occupancy for the FACILITY; SECTION 5. That subject to Beck constructing the FACILITY and GTE's agreement to utilize the FACILITY, the City Manager is hereby authorized, to negotiate for City Council approval, an Economic Development Incentive Agreement with Beck and GTE, as applicable, to provide certain economic development incentives for Beck's construction of the FACILITY and for GTE's utilization of the FACILITY. SECTION 6. That the Economic Development Incentive Agreement shall provide, among other provisions, the following: A. that the development of the property must conform to all the requirements of City zoning ordinance and other applicable development standards and regulations; B. a description of the kind, number, location and cost of all proposed improvements of the property, including the FACILITY; C. that access to the property is to be provided to allow for the inspection by City inspectors and officials in order to ensure that the improvements or repairs are made according to the specifications and terms of the Economic Development Incentive Agreement; 4 ss19606 D. liquidated damages if the improvements to real property are not made, or job creation requirements are not met or for other defaults under the Economic Development Incentive Agreement; E. that none of the PROPERTY is owned or leased by a member of the City Council or by a member of the City Planning & Zoning Commission; F. that GTE will use its reasonable best efforts to employ approximately two thousand (2,000) people at the FACILITY each year; G. that GTE will comply with job creation and/or retention guidelines be set forth in Economic Development Incentive Agreement; H. that GTE will occupy the FACILITY and maintain operations within the City for a period of at least ten (10) years following the issuance of a certificate of occupancy for the FACILITY; I. acceleration of the planned improvement of Coppell Road by the City at City cost, from a two lane asphalt road to a two lane concrete curb and gutter street including offsite facilities as may be required to eliminate any need for on-site storm water detention for Phase I, and Phase II if developed; I. City cooperation with Beck and/or GTE as applicable, for the installation of a traffic signal at the intersection of State Highway 121 service road and Coppell Road, or at the intersection of State Highway 121 service road and Corporate Drive; K. City acceleration of the approval process for development of the PROPERTY; 5 SS19606 L. economic development incentive grant by City to offset roadway and water/wastewater impact fees in excess of Twenty Thousand Dollars ($20,000), if any, to be assessed the PROPERTY. SECTION 7. This resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the ~-pi.~ dayof .)~.//~ ,1998. /:,. CAI~Y 'SHEE~'~ MAYOR ATTEST: KATI-ILEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMI~i-I~ CITY ATTORNEY (PGS/ttl 7/21/98) 6 ss19606