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RE 08-09-94.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 080994.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING THE GUIDELINES AND CRITERIA FOR TAX ABATEMENT AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS~ the enhancement of the local economy is in the best interest of the citizens of the City of Coppell, Texas; and ~ the establishment of economic development incentives such as tax abatements tony encourage enhancement of the local economy; and WliEREA~, the City Council of the City of Coppell desires to nmend its Criteria and Guidelines for Tax Abatement Agreements by clarifying the eligibility requirements; NOW, THERRI~ORE, BE IT RESOLVED BY THE CIT~ COUNCIL OF THE ~ OF COPPELL, TEXAS.. SECTION L The City of Coppell, Texas, hereby continues to make tax abatements available as an economic incentive as authorized by the Property Redevelopment and Tax Abatement Act codified at Chapter 3~2 of the Texas Tax Code. SECTION 2. The City of Coppell Guidelines for Tax Abatements attached hereto as Exlu'bit 'A,' be and the same are hereby adopted as the amended guidelines and criteria governing tax abatement agreements for the City of Coppell, Texas, and shall govern all tax abatement matters considered by the City from and after the effective date of thi~ resolution~ The City shall not enter into any tax abatement agreement ~mless it finds that the terms of the agreement and the property subject to the agreement substantially meet the applicable guidelines and criteria herein adopted. Any agreement executed pursuant to previously adopted guidelines and criteria shall be governed by the appllcable guidelines and criteria in effect at the time of the execution of the agreement. The guidelines and criteria adopted herein shall be effective for two (2) years from the date of thi~ resolution_ Dur~ that period, the guidelJnes and criteria may be amended or repealed only by a vote of three- fourths of the City Council. SECTION 3. This resolution shall become effective upon its passage as th~ law and charter in such cases provide. DULY RESOL~ AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ~ day of ~cYrY ON 1'--~'~CO)4' pPEI I: TEXAS ~M MORTON, MAYOR ~ITY SECRETARY APPROVED AS TO FORM: O s/s CITY OF COPPELL, TEXAS GUID~LnqF. S FOR TAX ~..BATEMENT G~ PURPOSES AND ORIF, CTIONS The City of Coppell is committed to the promotion of hiih quality development in all parts of the City and to an ongoing improvement in the q,~llty of life for its c/tizens. Insofar as these objectives are generally sen, ed by the enhancement and expansion of the local economy, the City will on a case by case bash give consideration to provMin_o incentives as a stimulus for economic development in CoppelL It is the policy of the City that such consideration will be provided in accordance with the procedures and criteria outlined in tbi~ doo~ment. Noting ken~ du3ff ~ or ~ ~mt t/se (~ of CoppaV b und~ According to the Property Redevelopment and Tax Abatement Act, codified at Chapter 312 of the Texas Tax Code, the City may only grant tax abatement on the/m~ment/n ~ added to a par//cu/ar/wo/m~y by specific development proposal which meets the economic development goals and objectives of the City. The tax abatement may only apply to the real estate portion of the project or the tangible personal property added to the real estate or beth. Inventory and supplies may not be included. Tax abatements are granted to the owners of real and personal property; for projects where the real estate is leased, special terms and conditions may be provided in the agreement. MINIMUM STANDARDS gOR TAX ABATEMENT To be considered eli~ole for a tax abatement, the proposed project and/or property must meet the followin~ criteria: 1. An investmant of at least ~ milton in taxable assets. The acquisition cost of the real estate is not included itl computing the mount of taxable assets. Construct/on costs are not neces~Jy indicative of the taxable value o/the property. (The taxable value is determined by the Central Appraisal D{strict as of J~n,,~ry 1 of each year.) I m 2. The project mslres a substantial contn'oution to redevelopment efforts. 3. The project has high visibil/ty, image impact, or is of a s/~,ni~cantly higher level of development quality. 4. The projea is an area which might not otherwise be developed because of restraints of topography, ownership patterns, site configuration, or other 5. The project stlmulates concentration of employment and/or commercial licants must provide a written narrative detailing how a project meets the above minlmnm standards. O~ CiffI~RIA The foliowing criteria is designed to evaluate specific com?onents common to all applicant. 1. How much propel~ t~x base will be added? There must be at least million in ~ base added to the property to be eli~'ole for tax abatement. 2. How m~ch local anuual payroll will be created? 3. HOW m~ny new jobs will be created? 4. An investment of at least $~..~ million in taxable asset~. The applicant must respond in written narrative format to the following: 1. Is the project sponsor a local company? 2. What types and values of public improvements, ff any, will be made by the applicant? 3. Will the at~plicsnt be the owner or lessee? If lessee, are occupancy 4. Does or can the project meet all relevant zonin~ subdivision and other legal requirements? 2 5. V~ im.na~t will the project have on other taxing traits? (Coppell Independent School District) 6. Are the new jobs to be created likely to be filled by Coppell's local labor force? 7. Will the project increase the business oppo~mi6es of exis6n~ local ~nmln~? 8. Is th~ project comistont with tho comprel~mivo pl~ of t. he ~? 9. Is the lc'vol of qu~L[~7 si~onlflc~tly higher th~n th~ L~ic~d projects o{ use? Are site amenities provided such as landsam_~in~ public re't, water fountains, plazas, etc.? 10. Does the project pose any negative environmental, operational, visual or other im?agts (i.e. pollution~ noise, traffic col~estiol~ etc.)? ~J~OUNT OF T~ provide tax abatement to a parflo~r applicant. Once a determlnnfion has boon m~[~ that a tax abatement is in the best interest of the City, the value and term of the abatement will be determined from the following: 1. Tax abatements are available for both new facilities and structures; and for the ~ and moderni~tion of existing facilities and sm~ctures. 2. Tax abatements for a period of five ($) consecutive tax years; however, the City may delay the oomm~ilcement of th~ tax abatement tmfl[ Zamlary I of the second year following the year in which the tax abatement agreement is executed (i.e. tax abatement asreement is entered into durin~ calendar year 1994 - the first year of taxes subject to abatement would be January 1, 1996). A project may be granted a tax abatement on real and/or personal property of up to fifty percsat (50~) for a period of up to five (~) years. The actual percentase of taxes subject to abatement for each year of an a~reement be determfned from the schedule provided below;, and will apply only to the portion of the taxable value of the real propel~y or of the ~n~ble personal property located on the real property, or both that exceeds that property's taxable value for the year in which the agreement is executed (base yeur). The tax abatement asreement for tangible personal property may only apply to the personal property added to the real property aP, er the agreement is The amount by which the total Percentage of abatement of the assessed taxable value of the excess taxable value real property and/or t~n~ble personal property, or both value for the property in the year the agreement is executed (base year) $ 5-q million 25 qb For each full increment of $100,000 of exce~ taxable .~56 qb additional value above $5,.5 million up to $9.9 million $10.0 million 50 qb Any person, or?ni~tlon or corporation des~rlng that the City consider providin~ tax abatement to encour~e lo~tion or expanded operation within the city shall comply with Applicant should submit an application for tax abatement to the City Manager add.,ew.dng the above criteria including a legal description of the property and a plat showing the precise location of the property, all roadways within five hundred feet of the s/te, and all existing zoning and land uses within five hundred feet of the site. 4 m APPLICATION BEVIEW PRO~KSS The application will be reviewed by the. Tax Abatement Comralttee con~fi~ of the City Manager, representatives from the Economic Development Board and the City Council The Committee will serve a~ an advisory body to the Cit~ ~ in determlnln~ whether a tax abatement should be offered. The Committee's recommendation shall be based upon a subjective evaluation of the completed application. The committee may invite representatives from the CoppeH Independent School District, Dallas County, Tarrant County or Denton County, to participate in the review. All information submitted will be reviewed for completeness, accuracy, and accordln~ to the guidelines and criteria. Additional informstion rosy be requested as needed. The application may be distn'vuted to appropriate City depa~/ments for internal review and comments. Copies of the complete application package and staff comments, if any, will be provided to other talin5 entities (Coppell Independent School District, Dallas, Tarrant or Denton County). The staff will make recommendations on the application to the Tax Abatement Committee. If needed, the Tax Abatement Committee ~ meet with the applicanL The recommendation of the T~x Abatement Committee will be forwarded to the chief administrative officer of other applicable ta~in~ ~mlts. Based on the recommendation of the Committee the City CotlllCil may coils/dot & resolution calling a public hearin~ to comfier the establtqhment of a ~x reinvesm~nt zone. (Before the City may enter into a tax abatement agreement, the property involved must be designated as a reinvestment zone.) City Council then holds a public hearing to determine whether or not the property involved should be designated as a reinvestment zone; and whether the project is feam'ble and practical and would be a benefit for to the City after expiration of the agreement. (At the public hearln~ the City stn~ and/or the applicant may make a presentation foHowlng which interested persons may speak for or agnln~ the desJ~euntion.) After the public hearing the City council will consider ndoption of the resolution de~gnating reinvestment zone. The resolution will further authorize the City Manager to ne~)tiate an agreement with the applicant governing the provision of the tax abatement. ADOPTION OF AGB~M]/NT Any tax abatement agreement must include the follow~uE~ 1. General description of the project. 2. Amount of tax abatement. 3. Method for calculstlnE the value of the abatement. 4. Term of the abatement. 5. Legal description of the property. 6. Type, number, location and timetable of planned improvements. 7. Any specific terms or conditions to be met by applicant. The agreement will be presented to the City Council for adoption whereupon it will be executed by the City Manager and by the specified official of any other parficip~tln~ t~ nni~. 6 m