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RE 04-11-89.3 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 041189.3 A RESOLUTION OF THE CITY OF COPPELL, TEXAS, ADOPTING A TAX ABATEMENT POLICY STATEMENT; STATING THE GENERAL PURPOSE AND OBJECTIVES; PROVIDING CRITERIA FOR TAX ABATEMENT CONSIDERATION; ESTABLISHING A TAX ABATEMENT COMMITTEE; PROVIDING MINIMUM STANDARDS FOR TAX ABATEMENT CONSIDERATION; PROVIDING PROCEDURAL GUIDELINES FOR APPLICATION FOR TAX ABATEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, enhancement of the local economy is in the best interest of the citizens of Coppell; and WHEREAS, the establishment of economic development incentives such as tax abatement may encourage enhancement of the local economy; and WHEREAS, the Governing Body of the City of Coppell wishes to adopt criteria and guidelines governing tax abatement agreements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1 That the COPPELL POLICY STATEMENT FOR TAX ABATEMENT attached hereto as Exhibit "A", be, and the same is hereby adopted as the tax abatement policy for the City of Coppell and shaU govern all tax abatement matters considered by the City from and after April 1, 1989. Section 2 The policy herein adopted shall, at the discretion of the City Council, be reviewed annually or from time to time as needed. Said policy is intended as a guide for use in developing tax abatement programs and agreements under the provisions of the Property Redevelopment and Tax Abatement Act of the State of Texas, and notwithstanding the policy herein established, the City Council of the City of Coppell retains the right to act within the provisions of such act without the necessity of amending the general po]icy herein adopted. Section 3 An application fee in the sum of $1,250.00 shall be paid by any applicant at the time of filing the "Application for Tax Abatement" provided for under the policy herein adopted. Seetion 4 This resolution shall become effective upon its passage as the law in such cases provides. DILLY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on the //'~'~lay of ~ ~ , 1989. THE CITY OF COPPELL, TEXAS ATT~T: APPROVED AS TO FORM: City Secretar~ ~-~ Attachment A CO?PELL POLICY STATEMENT FOR TAX ABATEMENT I. General Purpose and Objectives The City of Coppell is committed to the promotion of high quality development in all parts of the City; and to an on§oing improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Coppell will, on a case-by-case basis, give consideration to providing tax abatement as a stimulation for economic development in Coppell. It is the policy of the City of Coppell that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or su§gest that the City of Coppell is under any obligation to provide tax abatement to any applicant. All applicants shall'be considered on a case-by-case basis. The City of Coppell may grant tax abatement on the increment in value added to a particular property by a specific development proposal which meets the economic development goals and objectives of the City of Coppell. The tax abatement shall apply only to the real estate portion of the project, personal property will not be included. Tax abatements are qranted to the owners of real property; for projects where property is leased, special terms and conditions may be set in the a~reement qoverninq each specific tax abatement. II. Criteria Any request for tax abatement shall be reviewed by the Tax Abatement Committee, said committee membership being comprised of one City of Coppell Council representative, who should act as chairman, and two City of Coppell Economic Board representatives. Other members may be comprised of two Coppell Independent School District representatives, two Dallas County representatives and two Denton County representatives. The Tax Abatement Committee serves as a recommending body to the taxing entities regarding whether economic development incentive should be offered in each individual case. Their recommendation shall be based upon a subjective evaluation of the completed "Application for Tax Abatement". EXHIBIT "A" III. Minimum Standards for Tax Abatement To be considered eli§ible for a tax abatement, the proposed project and/or property must meet at least two of the following criteria: A. Project involves a minimum increase in property value of 300% for new project; 50% for expansion; or an investment of at least $1 million in taxable assets. B. 'Project makes a substantial contribution to redevelopment efforts or special area plans by enhancing either functional or visual characteristics, i.e., parking, circulation, facades, materials, signs, historic structures, etc. C. Project has high visibility, image impact, or is of a si§nificantly higher level of development quality. D. Project is an area which might not otherwise be developed because of constraifts of topography, ownership patterns, site configuration, etc. E. Project can serve as a prototype and catalyst for other development of a higher standard. F. Project stimulates concentrations of employment and/or commercial activity. G. Project generates greater employment than would otherwise be achieved, i.e., commercial/industrial vs. residential or manufacturing vs. warehouse. Applicants must provide written narrative detailing how project meets these minimum standards. IV. Value of Incentives The subjective criteria outlined in "Application for Tax Abatement" will be used by the Tax Abatement Committee in determining whether or not it is in the best interests of the affected taxing entities to recommend that tax abatement be offered to a particular applicant. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project. Once a determination has been made that a tax abatement should be offered, the value and term of the abatement will be determined by referencing the following table: Value of Years Percent Structure of of Added Abatement Abatement 0 - $ 1,000,000 -0- -0- $1,000,001-$ 2,500,000 up to 5 years up to 25% $2,500,001-$ 5,000,000 .... 10 ..... 50% $5,000,001-$10,000,000 " "15 " .... 50% over $10,000,000 15 years " "50% V. Procedural Guidelines Any person, organization or corporation desiring that Coppell consider providing tax abatement to encourage location or expansion of operations within the city limits of Coppell shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that Coppell is under any obligation to provide tax abatement in any amount or value to any applicant. Preliminary Application Steps A. Applicant shall complete the attached "Application for Tax Abatement." B. Applicant shall address minimum standards outlined in Section III above in letter format. C. Applicant shall prepare a plat showing the precise location of the property, all roadways within 500 feet of the site, and all existing land uses and zoning within 500 feet of the site. D. If the property is described by metes and bounds, a complete legal description shall be provided. E. The "Application for Tax Abatement" shall be complete and the original and four (4) copies submitted to the City Manager or his designate, City of Coppell, P.O. Box 478, Coppell, Texas 75019. F. An application fee of $1,250 is due and payable upon submittal of the application. Application Review Steps G. All information in the application package detailed above will be reviewed for completeness and accuracy by the City Manager designate within ten (10) working days. Additional information may be requested as needed. H. The application will be distributed to the appropriate City departments for internal review and comment and returned to the City Manager designate within ten (10) working days. Additional information may be requested as needed. I. Copies of the complete application package and staff comments will be provided to the Tax Abatement Committee by the City Manager designate. Consideration of the Application J. The Tax Abatement Committee will consider the application at a regular or called meeting(s). Additional information may be requested as needed. K. The recommendation of the Tax Abatement Committee will be forwarded, with all relevant materials, to the chief administrative officer of each taxing entity. L. The City Council of Coppell may consider a resolution calling a public hearing to consider establishment of a tax reinvesfment zone. M. The City Council of Coppell may hold the public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included in the zone and to the municipality." N. The City Council of Coppell may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone. 0. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement. Should the City Council determine that it is in the best interests of the City of Coppell to provide Tax Abatement to a particular applicant, a resolution shall be adopted declaring that, under the §uidelines and criteria established herein, the applicant is eligible for abatement and the tax abatement district is established. The resolution shall further authorize the City Manager to ne§otiate an a§reement with the applicant governin§ the provision of the abatement. An agreement must include at least the following specific items: * General description of the pro3ect * Amount of the tax abatement * Duration of the abatement * Legal description of the property * Type, number, location and timetable of planned improvements * Any specific terms and conditions to be met by applicant The agreement shall then be presented to City Council for adoption, whereupon it shall be executed by the Mayor. Should the terms of the agreement subsequently not be satisfied, the tax abatement shall be null and void, and all abated taxes shall immediately be paid to the City of Coppell and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. It is the intention of the City to establish a tax abatement policy and negotiate agreements which are legally subject to being adopted under the laws of the State of Texas. Should any provision of this plan or any agreement made hereunder be determined to be in conflict with the Statutes and Laws of this state, such state laws shall be controlling. P. The governing bodies of Coppell Independent School District, and Dallas County may consider ratification of and participation in the tax abatement agreement between the City of Coppell and the applicant. Q. This policy will be reviewed annually or as needed. TAXABATE.PLC