Loading...
HomeMy WebLinkAboutRES 101006-W - CNAI Tax AbatementRESOLUTION NO. /©/©Oev A RESOLUTION STATING THAT THE CITY ELECTS TO BECOME ELIGIBLE TO PARTICIPATE IN A PROPERTY TAX ABATEMENT FOR CITIGROUP NORTH AMERICA INC.; MAKING CERTAIN FINDINGS RELATING TO THE PROPOSED CREATION OF A REINVESTMENT ZONE ON THE PROPERTY GENERALLY DESCRIBED AS BEING 51.50 ACRES OUT OF THE LEWIS P. DYCHES SURVEY ABSTRACT NO. 180 IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF A 120.3 ACRE TRACT CONVEYED TO OLIVERT BRABANDT IN VOL. 395 PG. 620 OF THE WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS; MAKING OTHER FINDINGS RELATED TO THE SUBJECT MATTER; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 22, 2006, the City Council of the City of Georgetown, Texas (the "City") proposed to enter into a property tax abatement agreement with Citigroup North America Inc. ( 'CNAI") to induce CNAI to create approximately 35 new jobs and to locate its new datacenter storage facility consisting of a 305,000 (+/-) square foot state-of- the-art secure electronic data storage facility with approximately 125 000 square feet of raised floor, and such other ancillary facilities such as reasonably related thereto such as landscaping, parking, and on -site utilities as will be more fully described on submittals filed by CNAI with the City from time to time in order to obtain a building permit, at a cost to CNAI of approximately $450,000 000 in the area described by metes and bounds on Exhibit "A" and by sketch on Exhibit 'B" which are attached hereto and incorporated herein by reference (the "Area"); and WHEREAS, the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act")) states that a taxing unit may not enter into a property tax abatement agreement unless the governing body has (1) established guidelines and criteria governing tax abatement agreements and (2) adopted a resolution stating that the taxing unit elects to become eligible to participate in a tax abatement (Tex. Tax Code 312.002(a)); and WHEREAS, on June 14, 2005, the City Council adopted guidelines and criteria governing tax abatement agreements as set forth in the "City of Georgetown Principles for Economic Development Incentives." The adopted guidelines state in part that, 'the City of Georgetown may offer tax abatements for commercial or industrial new business construction, or facility expansion, as well as business personal property tax associated Resolution No./O/QOfr RESOLUTION APPROVING GUIDELINES AND STATING INTENT FOR CNAI ZONE PAGE 1 OFq C. \ DOCUME-1 \ tinam \ LOCALS-1 \ Temp\ notes898DCA\ Resolution Approving Guidelines and Stating Intent for CNAI Zone.doc with real property. City abatements are granted through an approved contract with the Georgetown City Council." the adopted guidelines further outline the standards for determining benefits and the process for considering incentive proposals; and WHEREAS, the City, on October 1, 2006 published notice of a public hearing on the creation of the Zone in the Williamson County Sun, a newspaper of general circulation in the City, and by letter dated October 2, 2006 provided written notice of the public hearing to the presiding officer of the governing body of each taxing unit that includes the property in the Area, and such hearing was held on October 10, 2006 in compliance with the requirements of Section 312.201 of the Texas Tax Code; and WHEREAS, the purpose of this Resolution is to make certain findings relating to the proposed Zone, and to further express the City Council's action of August 22, 2006 as it relates to the intent to participate in a property tax abatement agreement, and to commence the process for adopting an ordinance creating the Zone and approving a property tax abatement agreement with. CNAI. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1 The City Council hereby finds that the facts and recitations contained in the preamble of this Resolution true and correct and are adopted as part of this Resolution for all purposes. SECTION 2 The City Council hereby finds and declares that the declaration of intent to participate in a property tax abatement with CNAI is in conformance with the following Policy Statements in the City's Century Plan: 1.0 The community enjoys the benefits of well -planned land use in which conflicting needs are balanced. 9.0 Citizens and commercial goods move safely and efficiently throughout all parts of the City. 10.0 Georgetown's citizens and businesses enjoy an attractive community with a unique sense of place and a positive, identifiable image, at a cost which is consistent with other city social and economic priorities. 13.0 All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided. 15.0 The City manages its resources in a sound and fiscally conservative manner. SECTION 3 The City Council of the City of Georgetown, Texas hereby determines that the creation of a reinvestment zone by the City, as authorized by the Property Resolution No. /01OO(rtC/ RESOLUTION APPROVING GUIDELINES AND STATING INTENT FOR CNAI ZONE PAGE 2 OFT Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act") on and within the Area that is described by metes and bounds on Exhibit A and by sketch on Exhibit B is in the best interests of the City in accordance with Article VIII, Section 1-g of the Texas Constitution, and further finds and declares that the proposed reinvestment zone meets the criteria and requirements of Section 312.202 of the Texas Tax Code because (i) in light CNAI's representations to the City, the Area is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment m the zone that would be a benefit to the property and that would contribute to the economic development of the City, and (ii) without the Zone, the Area is and would remain predominantly open, underdeveloped and, because of obsolete platting, substantially impair the sound growth of the City; and SECTION 4 The City Council finds that it is in the public interest and is consistent with the June 14, 2005 "City of Georgetown Principles for Economic Development Incentives ' to create the Zone as described herein and to elect to become eligible to participate in a tax abatement agreement with CNAI. SECTION 5 The City Council hereby resolves that it intends to create the Zone as described by metes and bounds on Exhibit A and by sketch on Exhibit B and intends to become eligible to participate in a tax abatement agreement with CNAI as authorized by the Act, both of whichshall be presented to City Council for its final consideration an.d action at a subsequent date. SECTION 6 If any provision, section, subsection, sentence, clause or phrase of this Resolution, or the application of same to any person to set circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining provisions of this Resolution or their application to other persons or set of circumstances shallnot be affected thereby, it being the intent of the City Council in adopting this Resolution that no portion hereof or regulations connected herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any portion hereof, and all provisions of this Resolution are declared severable for that purpose. SECTION 7 Phis Resolution is effective immediately upon its passage. Resolution No. /0/0 041'W RESOLUTION APPROVING GUIDELINES AND STATING INTENT FOR CNAI ZONE PAGE 3 OF RESOLVED AND ADOPTED on the 10th day of October, 2006. THE CITY OF GEORGETOWN: Gary -ion Mayor Sandra D. Lee City Secretary APPROVED AS TO FORM: Patricia E. Carls City Attorney Resolution No. /0/0/96-60 RESOLUTION APPROVING GUIDELINES AND STATING INTENT FOR CNAI ZONE PAGE 4 OF 7 CRICHTON AND ASSOCIATES, INC. LAND SURVEYORS t 07 NORTH: LAMPASAS ROUND ROCK TEXAS 512-244-3395 FIELD NOTES FIELD NOTES FOR 5150 ACRES OUT OF THE LEWIS P. DYCQES SURVEY ABSTRACT NO. 180 IN WILLIAMSON COUNTY, TEXAS BEING A POR11ON.OF A 120.30 ACRE TRACT CONVEYED TO OLIVERT BRABANDT IN VOL. 395 PG. 620 OF TIIF WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS: SAID TRACT BEING.MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at the Southwest comer of a 106.2049 acre tract conveyed to Longhorn Junction LLP in Doc. No. 2005063175, also being on the East line of a 38.1231 acre tract conveyed to Williamson County also being on the North line of said 120.30 acre • tract for the POINT OF BEGINNING. THENCE with the common line of said 108.2049 acre tract and said 120.30 tu:re tract the following ten (I0) courses: 1) N 71 ° 43' 22" F 77.08 feet to a point. 2) N 72" 30' 31" E. 302.07 feet to a point 3) N 71"45' 1 l" E, 94.59 feet to a point. 4) N 72" 13' 56" h., 125.19 feet ton point. 5) N 71° 38' 17" E, 564.46 feetto a point.. 6) N 72° 03' " E. 142.49 feet to a point. 7) N 72° 19' 41" E, 226.21 feet ton point. 8) N 70° 48' 50" E, 103.87 feet ton print. 9) N 71 ° 32' 15" E, 142.46 feet to a point for the Northeast corner of this tract.. 10) S 3_" 58' 04" E, 662.13 feet to a point being the most Southerly Southwest corner of said 1 C 8.2049 acre tract. 1l iENCE through the interior of said 120.30 acre tract the following four (4) courses: 1) S 32" 36' 31" 1, 373.08 feet to a point for the Southeast corner of this tract 2) S 71° 54' 35" W. 2422.23 feet to a point iir the Southwest. corner of this tract. 3) N I8° 12' 56" W, 283.34 feet to a point of curve to the left. 4) Along said curve to the left whose elements arc R— 335.00, L= 156.30 whose chord bears N 31° 34' 53'' W. 154.88 feet to a point on the West line of SIM t20.30 acre tract and the East line of said 38.1231 acre tract. Res. /aloe Exhibd/ THENCE with the common lihc of said 120.30 acre tract and said 38.1231 acre tract the following three (3) courses: 1) N 18" 19' 19" 1V, 27.94 feet to a point. 2) N 14° 06' 36" W, 47.51 feet to a point. 3) N 17" 54' 58" W. 138.75 feet to a paint for the most Westerly Northwest corner of this tract. Ti I ENC'E N 29" 31' 20" E through the intexior of said 120.30 acre tract, 523.59 feet to a point on the Nonh line of said 120.30 acre tact being on the East line of said 38.1231 acre tract for the most Northerly Northwcsi comer of this tract. THENCE N 71° 43' 22" E with the common line of said 120.30 acre tact and said 38.1231 acre tract, 26.90 feel to the POINT OF BEGINNING and containing 51.50 acres more or less. I hereby certify that the foregoing field notes were prepared partially from a survey on the ground under my supervision and partially from public records and arc true and correct to the best of my knowledge and belief. Witness my hand and scat August 14, 2006 Herman Crichton, R_P.L.S. No. 4046 331 • Re 5. I©1©O& E hebY.4 0 0 J lY i GEORGETOWN LINE TABL LONGHORN JUNCTION LINE BEARING IENGHT 108.2049 AC L1 N18419'19"W 27.94 DOC. 2005063175 }-,.``- l2 N14'06'36"W 47.51 SCALE: 1" = 400' LONGHORN JUNCTION LLP 108.2049 AC DOC. 2005083175 CLEARIIATER ) - CROSSING / STRACT AC. 3/ 1 I DOC. 20041099884, , I / / I 11 ---et UE Sa%j S gCVd .UICHTON AND ASSOCIATES INC. LAND SURVEYORS 107 N. 1AMPASAS STREET ROUND ROCK, TEXAS 78664 (512) 244-3395 FAX (512) 244-9508 NY 1'43'22"E 26.90 WILUAUSON COUNTY 38.1231 AC DOC. 2001021470 L3 L4 L5 NlT54'S8"W 138.75 N71.43'22"E 77.08 N7_ 01"E 302.07 L6 N71'45'll"E L7 N72'13'56"E L8 N71.32'15"E L9 N70'48'50't 110 N7. 19'41"E 111 N72'03'S2"E OUVERT B' 120.30 395/6 51.50 ACRES R=335.00 L= 156.30 C=154.88 CB=N31.34'53"' N18'12'56" 8 ..4 SKETCH TO ACCOMPANY FIELD NOTES FOR 51.50 ACRES OUT OF THE LEWIS P DYCHES SURVEY, ABSTRACT NO. 180 BEING A PORTION OF A 120.30 ACRE TRACT RECORDED IN VOL. 395 PG. 620 OF THE WILLIAMSON COUNTY, TEXAS DEED RECORDS BANDT AC 0 94.59 125.19 142.46 103.87 226.21 142.49 NIUTAMSON COUNTY 38.1231 AC DOC. 2001021470 06_331 DATE: Aug. 14. 2006 P