HomeMy WebLinkAboutMay 16, 2001 Agenda CITY OF DENTON CITY COUNCIL Dato ~5'-//~/0/
May 16, 2001
Joint Meeting of the City of Denton C~ty Council and the Denton Independent School District
Board of Trustees on Wednesday, May 16, 2001 at 12 noon m the Board Room at the DISD
Central S~rv~ces Bmldmg, 1307 N Locust, Denton, Texas at which the following items will be
considered
1 C~ll to order, announce quorum, Introductions
2 R~ce~ve a report and hold a discussion regarding an update on the natatorium/aquatic
center
3 R~celve a report and hold a d~scusslon regarding an update on the Wayne Stewart Ryan
Elementary School
4 R~ee~ve a report and hold a discussion regarding revisions to the tax abatement policy
5 R~celve a report and hold a discussion regarding an update on the Clear Creek Natural
Hsntage Center
6 A~tj ourn
CERTIFICATE
I certify that the above notice of meeting was posted on the bulleUn board at the C~ty Hall of the
C~ty of Denton, Texas, on the .day of ,2001 at dclock(a m )
(pm)
CITY SECRETARY
NOTE I THE DENTON ISD CENTRAL SERVICES BUILDING IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL
PROVIEE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUE~ ,TED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELEC£,MMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-I~X SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROU, .~H THE CITY SECRETARY'S OFFICE
Agenda No ~
Agenda Item, ~ z/_
Date~~-
C~ty of Denton Commumty Development Department
100 W Oak Suite 101 Denton, TX 76201
(940) 349-8305 Fax (940) 349-7239
DATE May 11,2001
TO Mayor and C~ty Councd Members
President and Members of the DISD Board of Trustees
, ,~
FROM L~nda Rathff, D~rector of Commumty Development ~
SUBJECT Tax Abatement Policy
On May 1, 2001 the C~ty Council approved an amendment to the Tax Abatement
Pohcy, which prowdes special consideration for ex~stmg businesses that plan to
expand their facd~t~es The amendment allows the Councd to waive the pohcy
threshold of $5 mdhon ~n new valuabon and consider up to 100% abatement for the
maximum of 10 years Abatement may only be considered on new budding
valuation It cannot apply to bus~ness personal property I have attached a copy of
the recent resolution and the Tax Abatement Pohcy
The C~ty of Denton has had a tax abatement pohcy since May 1990 Under State
law, a c~ty's tax abatement pohcy must be renewed every two years by resolution
The original policy remained unchanged untd June 2000 when the following changes
were incorporated
The pohcy and apphcat~on were reformatted to be more "user fnendly"
· Special consideration was ~ncluded for abandoned buddings
· Certain factors, such as h~gh-pay~ng jobs, partnerships w~th the un~versibes or
school district, creation of a business park, etc, ment cons~derabon of a
higher pementage of tax abatement - up to 50%
· Inclusion of language encouraging the apphcant to h~re Denton residents who
hve w~th~n Iow to moderate-~ncome areas
· Inclumon of language encouraging the apphcant to consider h~stoncally
underutlhzed businesses when selecting contractors and supphers
Two members from each elected by of the C~ty, County and DISD participate ~n the
JomtlTax Abatement Committee The Committee drafted the June 2000 pohcy and
recommended the May 2001 amendment In addition, the Committee reviews all tax
abatement apphcatlons The Committee members then return to their elected bodies
and make recommendation on appropnate acbon
Under! State law, the C~ty must first establish a re~nvestment zone at the bus,ness'
s~te and approve a tax abatement agreement before the DISD or County can enter
~nto s~mdar agreements (Of course, the County may enter ~nto tax abatement
agreements w~thout a c~ty's approval ~f the bus~ness Is located outside the c~ty I~mlts )
I w~ll be avadable at the May 16th joint meeting of the C~ty Councd and Denton
Independent School D~stnct Board meeting to respond to any questions you may
have
/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AMENDING THE POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO
ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT
AGREEMENTS TO ALLOW WAIVER OF THE FIVE MILLION DOLLAR THRESHOLD
AND THt~ MAXIMUM TAX ABATEMENT PERCENTAGE, TO DEFINE PROFESSIONAL
POSITIONS, TO MAKE OTHER CHANGES AS SET FORTH IN THE AMENDED POLICY,
AND DECLARING AN EFFECTIVE DATE
WHEREAS, on June 6, 2000, the City Council adopted gmdehnes and criteria, known as
the Denton Pohey for Tax Abatement (sometimes referred to as "Tax Abatement Pohey"),
passing by Resolution No R2000-028, and
WHEREAS, the C~ty Council desires to promote economic development w~thln Denton,
and
WHEREAS, prowd,ng tax abatement and other econom, c development incentives w~tban
the C~ty and its extratemtonal jurisdiction will hkely contribute to the economic development of
Denton by eneouragmg ma,lot investment and the creation of.lobs, and
WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex
Tax Code, allows the city to establish its own criteria for tax abatement and the City has
prewously adopted guidelines for tax abatement and resolutions No R90-018, R98-004 and
R2000-028, and
WHEREAS, the Joint Committee on Tax Abatement, composed of representatives of the
City of Denton, the Denton Independent School D~stnct, and Denton County have recommended
amendme,ts to Section III "Value of Incentives" of the Tax Abatement Policy to allow wmver of
the five mflhon dollar threshold and the maximum tax abatement percentage and to define
professional positions, wlueh is attached hereto as the amendment to the Tax Abatement Policy,
and
WHEREAS, any amendment to the Tax Abatement Policy requires an affirmative vote of
three-fourths of the members of the City Council (six affirmative votes) in accordance with
Seetaon 312 002(e) of the Tax Code, and
WHEREAS, the City Council deems it in the public interest to continue to be ehg~ble for
partlclpatlon m tax abatement and to amend the new pohcles, gmdehnes and entena governing
tax abatement agreements to be known as the Tax Abatement Policy, NOW, THEREFORE,
THE coLqqcIL OF THE CITY OF DENTON HEREBY RESOLVES
1
SECTION 1 That the pohces, gmdehnes and criteria found ~n the Denton Pohcy for Tax
Abatement are hereby mended by amending Sectmn III "Value of Incentives" to allow a waiver
of the five mfihon dollar threshold and the maximum tax abatement percentage on a case-by-case
bas~s, to d~fine professional pos~t~ons, and to make other changes set forth m the mended pohcy
~n accordance w~th the amendment that ~s attached to th~s Resolution as Exfub~t A and made a
pan of tlu~ Resolubon for all purposes From and after the effective date of tfus Resolution, the
amended Tax Abatement Pohcy shall constitute pohcy gmdehnas and criteria governing tax
abatcmentl agreements for the C~ty of Denton ~n accordance w~th Chapter 312 of the Tax Code
SECTION 2 That the C~ty Council hereby reasserts ~ts decision to become eligible to
partac~pato m tax abatement The C~ty Council prowdes certmn tax incentives apphcable to
business enterprises ~n various re~nvestment zones whmh are estabhshed ~n the C~ty, ~n
accordanc~ w~th the apphcable prows~ons of Chapter 312 of the Tex Tax Code and ~n
accordanc~ w~th the gmdehnes and criteria estabhshed in the attached Exhibit A and m the
amended Tax Abatement Pohcy
SECTION 3 That save and except as amended hereby, all the remmmng sections,
sentences,l clauses, paragraphs and phrases of the Denton Pohcy for Tax Abatement shall remain
~n full force and effect
SI~CTION 4 That th~s resolutton shall become effective ~mmed~ately upon ~ts passage
and approyal at the regular meeting of the C~ty Councd of the C~ty of Denton, Texas, on the 1st
day of May, 2001, at which meeting a quorum was present and Much meeting was held ~n
accordanc~ w~th the prows~ons of Tex Gev 't Code~c§551 001, et seq
PASSED AND APPROVED th~s the /~'-'~ day of ~'/~t~_f.f-'-' ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
//_
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
EXHIBIT A
SECTION III
DENTON POLICY FOR TAX ABATEMENT
III. VALUE OF INCENTIVES
The criteria outlined in the Application will be used by the Jmnt Committee on Tax
Abatement in determlmng whether or not it is m the best interests of the affected taxing
entitles to recommend that tax abatement be offered to a partmular project Specific
considerations will include the degree to which the individual project furthers the goals and
objectives of the community as described in the Denton Comprehensive Plan, as well as the
relative impact of the project New, expanding and modermzmg businesses may be
considered for abatement if the minimum threshold, as described ~n Table 1 below, is met
Once a determination has been made that tax abatement should be offered, the value and
term of the abatement may be determined by referencing the following table
TABLE 1 Estabhshes a framework for considering the length of abatement according
to assessed real property value of improvements and of tangible personal property located
on the real property
VALUE OF STRUCTURE
AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF
IN MILLION DOLLARS ABATEMENT ABATEMENT
100 10 15- 25%
80 9 15- 25%
65 8 15- 25%
50 7 15- 25%
35 6 15- 25%
20 5 15- 25%
15 4 15- 25%
10 3 15- 25%
5 2 15-25%
To qtlahfy, companies must meet the mlmmum threshold of the pohcy in the first 24 months
from the execution of the agreement or as specified in the tax abatement agreement
If upon mmal apphcation a project qualifies for tax abatement under the guidelines set forth
in this policy, the taxing entitles may consider granting an addmonal 5% abatement for each
one of the following factors provided, however, that the total tax abatement does not exceed
50% annually or comlnue for a period of more than ten years No applicant may receive
credit for mom than five of the follovang factors
· The project will occupy a braiding that has been vacant for m least two years,
· The project will create hlgh-skdled, high-paying jobs as documented by the
applicant, (A breakdown of number of Jobs per job classification and entry level
wage per class~fication will be used to determine eligibility),
· The project will involve a significant relationship with one of the two universities in
Denton,
· At least 25% of the new jobs created by the project will be filled by Denton
residents,
· The project will provide knowledge-based jobs (at least 25 percent of jobs require
college bachelors degree at entry level),
· The project will donate significant public art to the community (To qualify,
donation must be approved by Greater Demon Arts Council and City Council),
· The project will donate significant matenals/equipmem to the public schools (To
qualify, donation must be approved by DISD and City Council ),
· The project will create improvements to the Denton Central Business District,
· The project will result in the formation of a business park,
· The project is an international or national headquarters facility
The total tax abatement may not exceed 50% annually for ten years All abatements me
subject to final approval of the City Council and DISD Board of Trustees, or the County
Commissioner's Court Even though a project may meet the criteria as set forth in this
policy, an appheat~on may be denied at the discretion of the City Couned and/or DISD
Board of Trustees Tax abatement shall not apply to any portion of the land value of the
project The thresholds as described in Table 1 are considered guidelines for establishing
the Tax Abatement Agreement terms However, the City and DISD may determine that a
lower or higher percentage and/or a shorter or longer term of abatement may be more
appropriate for an individual project If abatement is approved, the City and DISD may
consider applying all or a portion of the abatement in the first year or during any shorter
period within the term of the tax abatement agreement For example, an approved
abatement of 25 percent for four years may be applied as 100 percent abatement for one
year
S¢~h001
roqul ............. ~ .........
~en ~e C~ty of Denton ~d Denton Independent School District determine that ab~doned
prope~y may reqmre additional incentives to promote economm development that generally
satisfies ~e reqmrements of th~s pohcy, the taxing entrees may wmve ~e m~mm~
~eshold ~Wor exceed fi~y percent (50%) m tax abatement, or consider other t~
mcentxves for specml projects to redevelop ab~doned bmldmgs consistent w~th exmtmg
law For the pu~ose of~s policy, ~ ab~doned bmld~ng ~s defined as a bmld~ng that ha
been ~dent~fied as being statable for commerc~ or mdustnal development, has been yacht
for a mm~m~ of five ye~s or has subst~t~ally dechned m apprmsed value Abatement
would only be considered on the increased valuatmn of the ~mprovements m each yea
covered by ~e t~ abatement agreement over ~e value of the prope~y for the year m which
the tax abatement agreement is executed The C~ty of Denton ~d Denton Independent
School D~s~ct may also consider other tax incentives authorized by law
,
DENTON POLICYFOR
TAX ABATEMENT
I GENERAL PURPOSE AND OBJECTIVES
The City of Denton (City) and thc Denton Independent School D~StrlCt (D1SD) are committed to the
promotion of high quality development in all parts of the mty and to an ongoing ~mprovement In the quality
of hfe for 1ts citizens Insofar as these objectives are generally served by the enhancement and expansion of
the local economy, the City and DISD will, on a case-by-case basis, gtve consideration to providing tax
abatement as a stimulus for economic development m Denton It is the pohcy of the Ctty and DISD that smd
consideration w~ll be prowded in accordance with the procedures and cnterm outlined in this document
Nothing herein shall imply or suggest that the City or DISD are under any obbgatmn to provide tax
abatement to any applicant
Denton County ad valorem taxes also may be abated, however, apphcations will be consxdered separately
under the gmdehnes of the Denton County tax abatement pohcy
All applicants shall be considered on a case-by-case basis Abatements wall be considered only as
inducements to generate development that otherwise would not occur Abatements wall not be considered if
construction of a project already has begun
Tax abatements, as described m this policy, will be available tur new and/or emsting facilities and structures
and for businesses wanting to locate, expand or modernize basic xndustrles, corporate office headquarters or
distribution centers, except as this pohcy may be limited for property described m Sectmn 312 211 (a) of the
Texas Property Tax Code (Vernons Texas Civil Statutes Annotated, hereinafter referred to as "Tax Code ")
II JOINT TAX ABATEMENT COMMITTEE
Requests for tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee
being comprised of two elected officials each from the City, the DiSD and Denton County One additional
staff person from each jurisdiction shall be appointed to serve as a nonvoting, ex officm member of the
committee
The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities regarding
whether economic development incentives should be offered m each mdlwdual case Its recommendation
shall be based upon an evaluation of information submitted in the tax abatement appbcatmn and any
additional information requested by the Committee or presented to the Committee The Tax Abatement
Application is presented as Exhthit A of this policy All meetings of the Joint Committee shall be held in
compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code
Tax Abatement Pohcy May 2001 - 1 -
IlL VALUEIOF INCENTIVES
The criteria outhned in the Application will be used by the Joint Committee on Tax Abatement m
determlmng whether or not it is m the best interests of' the affected taxing entities to recommend that tax
abatement be offered to a particular project Specific cons~derations will include the degree to which the
individual project furthers the goals and objectives of the commtmlty as described m the Denton
Comprehensive Plan, as well as the relative impact o£ the project New, expanding and modernizing
bustnesses may be considered for abatement if the minimum threshold, as described in Table 1 below, is
met
Once a determination has been made that tax abatement should be offered, the value and term of the
abatement may be determined by referencing the following table
TABLE 1 Estabhshes a framework for considering the length of abatement according to assessed real
property value of improvements and of tangible personal property located on the real property
VALUE OF STRUCTURE
AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF
IN MILLION DOLLARS ABATEMENT ABATEMENT
100 10 15- 25%
80 9 15- 25%
65 8 15- 25%
50 7 15-25%
35 6 15- 25%
20 5 15- 25%
15 4 15-25%
10 3 15- 25%
5 2 15-25%
To qualify, companies must meet the m~mmum threshold of the policy In the first 24 months from the
execution of the agreement or as specified m the tax abatement agreement
If upon lmtlal apphcatlon a project quahfies for tax abatement under the gmdehnes set forth in this pohcy,
the taxing entrees may consider granting an additional 5% abatement for each one of the follovang factors
provided, however, that the total tax abatement does not exceed 50% annually or continue for a period of
more than ten years No apphcant may receive credit for more than five of the following factors
· The p~oject will occupy a braiding that has been vacant for at least two years,
· The project will create high-skilled, high-paying jobs as documented by the applicant, (A
breakdown of number of jobs per job classlficatmn and entry level wage per classification will be
used to determine ehglbxhty),
Tax Abatement Pohcy May 2001 - 2 -
· The project will involve a slgmficant relationship with one of the two umversltles in Denton,
· At least 25% of the new jobs created by the project will be filled by Denton residents,
· The project will provide knowledge-based jobs (at least 25 percent of jobs require college bachelors
degree at entry level),
· The project will donate s~gmficant public art to the commumty (To qualdy, donation must be
approved by Greater Denton Arts Council and C~ty Council),
· Tbe project will donate significant materlals/eqmpment to the public schools (To qualify, donation
must be approved by DISD and City Council ),
· The project w~ll create improvements to the Denton Central Bus,ness District,
· The project will result in the formation of a business park,
· The project is an international or national headquarters facility
The total tax abatement may not exceed 50% annually for ten years All abatements are subject to final
approval of the City Council and DISD Board of Trustees, or the County Commiss~oner's Court Even
though a project may meet the criteria as set forth in thins policy, an apphcat~on may be demed at the
discretion of the City Council and/or DISD Board of Trustees Tax abatement shall not apply to any
porttonofthelandvalueoftheproject The thresholds as descnbed ln Table 1 are conslderedguldehnes for
estabhshlng the Tax Abatement Agreement terms However, the City and DISD may determine that a lower
or higher pementage and/or a shorter or longer term of abatement may be more appropriate for an individual
project If abatement is approved, the City and DISD may consider applying all or a portion of the
abatement ~n the first year or during any shorter period within the term of the tax abatement agreement For
example, an approved abatement of 25 pement for four years may be applied as 100 percent abatement for
one year
When the C~ty of Denton and Denton Independent School District determine that ~ncentlves are required to
retmn existing businesses which propose to improve or redevelop property within the C~ty bmlts, the Denton
City Council and Denton Independent School District Board may consider these "special projects" on a
case-by-case bas~s and reserve the right to wmve the m~mmum threshold and/or exceed fifty percent (50%)
in tax abatement The City of Denton and Denton Independent School District may also take ~nto
consideration as "specml projects" the expansion/redevelopment of existing businesses that create new or
additional professional jobs Abatement hereunder w~ll only apply to the increased valuation of the
improvements over the apprmsed value of the property prior to such improvements as same is established by
the Denton Central Appraisal D~stnct the year in which the tax abatement agreement 1S executed The City
of Denton and Denton Independent School District may also consider other tax ~ncent~ves authorized by law
Professional jobs are defined as "occupations which reqmre specialized and theoretical knowledge which
is usually acqmred through college training or through work experience and other training which provides
comparable knowledge, a calling requiring spec~ahzed knowledge and often long and intensive academic
preparation, requires some research, analysis, report writing and presentauons Special hcenslng,
cemftcat~on, or registration may be required to perform the job task, the work of professional positions is
creative, analytical, evaluative, or interpretive, and is characterized by personal responsibility to keep
abreast of and exercise judgment and broad perspective ~n the apphcatmn of an orgamzed body of
knowledge that is constantly studmd to make new discoveries and ~nterpretatlons or to improve the data,
materials and methods, may involve some superwmon and budget~ng/planmng"
Tax Abatement Policy May 2001 - 3 -
When the City of Demon and Denton Independent School District determine that abandoned property may
reqmre additional incentives to promote economic development that generally satisfies the requirements of
this policy, the, taxing entities may waive the minimum threshold and/or exceed fifty percent (50%) in tax
abatement, or consider other tax incentives for special projects to redevelop abandoned buildings consistent
with existing law For the purpose of this policy, an abandoned building is defined as a building that has
been identified as being suitable for commercial or industrial development, has been vacant for a minimum
of five years or has substantially declined in appraised value Abatement would only be considered on the
increased valuation of the ~mprovements in each year covered by the tax abatement agreement over the value
of the property for the year In which the tax abatement agreement is executed The City of Denton and
Denton Independent School District may also consider other tax incentives authorized by law
Prehmlnary Application
IV PROCEDURAL GUIDELINES
Any person, orgamzatlon or corporation desiring that the City or DISD consider providing tax abatement to
encourage location or expansion of facilities within the limits o£ the jurisdictions shall be required to comply
with the following procedural gmdehnes Nothing within these guldehnes shall imply or suggest that
either the City or DISD is under any obhgat~on to provide tax abatement to any apphcant
A Apphcant shall complete the attached "Application for Tax Abatement"
B Apphcant shall prepare a map or other documents providing the following
· precise location of the property and all roadways within 500 feet o£the site
· existing uses and conditions of real property
· proposed improvements and uses
· any proposed changes m zoning
· compat~blhty wlth the Denton Comprehensive Plan and apphcable building codes and City
ordinances
C A complete legal description shall be provided Applicant shall complete all forms and
information detmled in the Application and submit all information to the City Manager, City of
Denton, 215 E McKmney, Denton, TX 76201
D All information in the application package detmled above will be reviewed for completeness and
accuracy Additional information may be requested as needed
E The application will be d~stnbuted to the appropriate City and DiSD departments £or internal
review and comments Additional information may be requested as needed
F Copies of the complete apphcat~on package and staff' comments will be provided to the Joint
Tax Abatement Pohcy May 2001 - 4 -
Committee on Tax Abatement
G F~scal agents of the City, DISD and County will review the application for comments and
recommendation Additional ~nfomaatlon may be requested as needed
Consideration of the Application
H The Joint Committee on Tax Abatement will consider the application at a regular or called
meeting(s) Additional information may be requested as needed
I The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all
relevant materials, to the chief administrative officer of each taxing entity
J If the City Council of Denton decides to grant a tax abatement, it shall call a public hearing to
corlslder establishment of a tax relnvestment zone in accordance w~th Section 312 201 of the Tax
Code The relnvestment zone must meet one or more of the criteria of Section 312 202 of the
Tax Code
K The City Council of Denton shall hold a pubhc hearing and determine whether the project is
"feasible and practical and would be of benefit to the land to be included w~thin the zone and C~ty
after the expiration of the tax abatement agreement in accordance with Section 312 201" Special
consideration shall be g~ven to policies noted in the Denton Comprehensive Plan when
designating a tax relnvestment zone
L The City Council of Denton 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
M The City Council may consider adoption of an ordinance or resolution approving the terms and
conditions of a contract between the City and the applicant governing the provision of the tax
abatement and the commitments of the applicant, including all the terms required by Section
312 205 of the Tax Code and such other terms and conditions as the City Council may require
Should the commitments subsequently not be satisfied, the tax abatement shall be null and void
(unless the tax abatement agreement provides for a recapture of the property tax revenue lost
proportionate to a partial failure to meet the minimum thresholds set forth in the agreement) and
all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions
participating in the tax abatement agreement Prowslons to this effect shall be incorporated into
the agreement
N The governing bodies of Denton County and DISD may consider ratification of and participation
in the tax abatement agreement between the City of Denton and the applicant
O The City and DISD reserve the authority to enter into tax abatement agreements at differing
percentages and/or terms as set forth ~n the guidelines of this policy, consistent with the
Tax Abatement Pohcy May 2001 - 5 -
reqmrements of the Tax Code
Any tax abatement agreement will address various issues, including but not limited to, the following
1 General description of the project,
2 Amount of the tax abatement and percent of value to be abated each year,
3 Method of calculating the value of the abatement,
4 Duration of the abatement, including commencement date and termination date,
5 Legal description of the property,
6 Kind, number, location and timetable of planned improvements,
7 Specific terms and conditions to be met by applicant,
8 The proposed use of the famhty and nature of construction,
9 Contractual obligations m the event of default, violation of terms or conditions, delinquent
taxes, recapture, admlmstratlon and assignment
Annual Evaluation
Upon completion of construction, the Joint Committee on Tax Abatement shall receive from the City
Manager an annual evaluation of each abatement to insure compliance with the agreement and to report
possible ¥1olatlons of the agreement to the taxing entitles After new tax base numbers are received in July
of each year, the City Manager and his staff wall have ninety (90) days to rewew and prepare a breakdown of
those figures
Transfer or Assignment
A contract for tax abatement may be transferred or assigned by the original apphcant to a new owner upon
approval by the various taxing jurisdictions after such a recommendation is made by the Joint Committee on
Tax Abatement
Local Businesses and Mlnorl .ty Business Enterprises
In performing this Agreement, OWNERS agree to use dihgent efforts to purchase all goods and services
from Denton businesses whenever such goods and services are comparable in availability, quality and
price
As a matter of pohcy with respect to CITY projects and procurements, CITY also encourages the use, If
applicable, of quahfied contractors, subcontractors and suppliers where at least fifty-one percent (51%) of
the Ownership of such contractor, subcontractor or supplier is vested In racial or ethnic minorities or
women In the selection of subcontractors, suppliers or other persons or organizations proposed for work
on this Agreement, the OWNERS agree to consider this policy and to use their reasonable and best efforts
to select and employ such companies and persons for work on thru Agreement
Job Recruiting from Low-Moderate Income Census Tracts
Tax Abatement Policy May 2001 - 6 -
OWNER, lessee or assignee of OWNER agrees it will endeavor to make available, or endeavor to cause
lessees or assignees to make available, full-time or part-time employment w~th on-the-job training for
Denton citizens In th~s effort, OWNER, lessee or assignee agrees to recruit from the low-moderate
income Census tracts as further defined ~n the Concentration of Low/Mod Income by Block Groups
shown below
Tax Abatement Pohey May 2001 - 7 -
EXHIBIT A
The C~ty of Denton
Tax Abatement A[0~01icat~on
About the Application
The Tax Abatement Apphcatlon provides the City with specific ~nformanon on the project The information
requested ~n the Application is designed to address the criteria developed within the City of Denton's Tax
Abatement Policy The information serves as the basis for fiscal analysis and overall project evaluation This
evaluation is provided to Council Members and serves as a source document during City Council deliberations
The Apphcat~on And The Agreement
Specific information from the Application (like value of new investment and employment commitments) ~s
incorporated into the Abatement Agreement In fact, the Appbcanon is an attachment to the Agreement Smce the
agreement ~s a bmthng contract, it is ~mportant that each question on the application be answered In full and as
reahst~cally as possible Simply put, the apphcatton is part of the process from start to fimsh so you'll want to make
sure you're comfortable w~th the contents
When Is The Apphcat~on Final~
The answer to th~s question is very simple When you tell us, "It's final ' It is not uncommon for a property
owner(s) to submit numerous Applications as drafts for lnformanonal and evaluative purposes only As
conversations continue, the property owner will submit a finahzed version of the Apphcat~on that ~ncludes all of the
conumtments agreed to during the discussions
What About Confutentuxhfy ~
Section 312 003 of the Texas Tax Code makes confidential information provided to the City as a part of flus
application that describes the specific processes or business acuvltles to be conducted or the equipment or other
property to be located on the property This information is not subject to pubhc disclosure until the tax abatement
agreement is executed Section 522 131 of the Texas Government Code (Texas Pubhc Information Act) makes
colffidennal information which relates to economic development negotiations between the City and a business
prospect that the C~ty seeks to have locate, stay or expand in or near the terraory of the City The information must
relate to a trade secret of the business prospect, commercial or financial lnformauon which the business prospect
can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the
person from whom the ~nformatlon was obtained or ~nformatton about a financial or other Incentive being offered to
the business prospect by the City or by another person Information about a financial or other ~ncent~ve being
offered to the business prospect ~s required to be disclosed when an agreement Is made with a business prospect
The C~ty ~s subject to dtsclosmg most records and documents upon request under the Public Informanon Act
Accordingly, please clearly red,cate and mark any mformat~on you consider proprietary Tins would include
anything m your apphcat~on winch you consider a trade secret, comraerc~al or f'manc~al mformat~on winch
you can demonstrate by specffic factual ewdence that would cause substantial competitive harm ff ~hsclosed,
reformation Winch describes the specffic processes or business act~wt~es to be conducted or the eqmpment or
other property for winch the tax abatement ~s sought, any f'manc~al or other incentive you may be seelang
from the C~ty or any other ~nformat~on you deem to be conBdent~al under the law
Who ts Authorized To Sign the Apphcatton ~
Because the Application itself is non-binding, the person signing need not be the property owner or even an
Individual duly authorized to sign on behalf of the property owner However, ff an Agreement Is reached, the
Application wdl be an attachment to the Agreement and ~ts contents wdl be b~ndlng through the authorized signature
required on the Agreement
Tax Abatement Policy May 2001 - 8 -
City of Denton
Tax Abatement Application
C~ty of Denton
C~ty Manager's Off~ce
Denton, Texas 76201
(940) 349-8307
(940) 349-8596 FAX
Tax Abatement Pohcy May 2001 - 9 -
APPLICATION FOR TAX ABATEMENT
CITY OF DENTON, TEXAS
Property Owner
Company or Project Name
Malhng Address
Telephone [ Fax No
Contact Name
Title
Mmhng Address
Telephone I Fax No
2 Prowde a chronology of plant opemngs, closing and relocanons over the past 15 years
3 Prowde a record of mergers and financml restructunng during the past 15 years
4 Will the occupants of the project be owner or lessee9 If lessee are occupancy commitments already
existing9
5 ls the project a relocation of emst~ng facdlty or a new facd~ty to expand operanons9 If relocanon, g~ve
current location
Tax Abatement Policy May 2001 ~ 10 -
6 lfan extstmg Denton business, will ploject result in abandomnent of emstmg facd~ty9 If so, the value of the
extstlng facthty wt[l be subtracted from the value of the new fac~hty to arnve at total project value
7 Property Description
- Attach a copy of the legal description detmhng property's metes and bounds
- Attach map of proJect including all roadways, land use and zoning w~thm 500 feet of stte
8 Current Value Attach copy of latest property tax statement from the Denton County Central Apprmsal
D~stnct 0nclude both real and personal property)
9 Increased Value/Esttmated Total Cost of Project
Structures $ S~te Development $
Personal Property $ Other hnprovements $
10 Indtcate amount of tax abatement and number of years requested for each taxing ennty
Ctty of Denton % years
Denton Independent School Dtstrlct % years
Denton County % years
Ltst any other financtal mcenttves th~s project w~ll request/receive
Esttmated Freeport Exemptmn $
Estimated Electric Utthty lndusmal Development Rider $
Esttmated Water/Wastewater Infrastructure Asststance $
11 G~ve a brief descnptmn of the act~wt~es to be performed at th~s location including a description of products
to be produced and/or services to be provided
Tax Abatement Pohcy May 2001
12 Project Construction Phase
A Estimate percentage of pro.~ect development and construction dollars to be spent with Denton based
contractors or sub-contractors
Construction costs $ I Percentage local contractors %
B Construction Employment Estimates
Start Date (Mo/Yr) Completion Date (Mo/Yr)
No of Construction Jobs Estimated Total Construction Payroll $
C Describe any off-site infrastructure reqmrements
· Water
· Wastewater
· Streets
· Drainage
· Other
Tax Abatement Pohcy May 2001 - 12 -
13 Project Operatton Phase Provide employment tnformat~on for the number of years tax abatement ts
requested
At Project
Ex~stmg Start Date At Term of
Employment Information Operatmn (mo/yr) Abatement
(ff apphcable) /
A Total number of permanent full-t~me jobs
B Employees transferred from outside Denton
C Net permanent full-time jobs (A minus B )
E Total annual payroll for all permanent, full-time
~obs (A)
F Types of jobs created List the job t~tles and number of pos~t~ons ~n each category that wdl be employed
at the factllty Prowde average wage for each category
G Esttmate annual utility usage for project
Electric $ Water $
Wastewater $ Gas $
14 Describe any other direct benefits to the City of Denton as a ~esult of this project (e g sales tax revenue or
project elements tdentffied tn Tax Abatement Pobcy, Section 111)
Tax Abatement Policy May 2001 - ! 3 -
15 Is property zoned approprmtely9 Yes No
Current zoning
Zoning required for proposed project
Anticipated variances
16 ls property platted9 Yes No
Will replattlng be necessary Yes No
17 D~scuss any enwronmental ~mpacts created by the project
A List any permits for whmh apphcant must apply Apphcant will be reqmred to prowde C~ty w~th cop~es
of all apphcatlons for enwronmental permtts upon completion of apphcatmn(s)
B Provide record of comphance to all enmronmental regulanons for the past five years
18 Prowde specffic detail of any busmesses/resldents that will be d~splaced and assistance that will be available
from the requemng company
19 Provide descrtpt~on of any historically s~gnlficant area included within the project s area as determined by the
Historic preservation Officer If any, g~ve detad of how the hlstortcally s~gmficant area wdl be preserved
20 Justfficatton for Tax Abatement Request Substantiate and more fully describe the justification for th~s
request lnclude the amount of the abatement requested and show how tt wtll contribute to the financial
wabd~ty ofthe project Submit attachments ff necessary
Tax Abatement Policy May 2001 - 14 -
21 List addlttonal abatement factors to be considered for this project as outlined on pages 3 and 4 of the tax
abatement pohcy
22 Financial Information Attach a copy of the latest audited fiaanc~al statement or, tn the case of a new project,
a bustness plan
This tax abatement apphcatton is submitted with the acknowledgement that additional certffied financml information may be
requtred
Authorized S~gnature
Date
Tax Abatement Poll~y May 2001
Utihty Admlmstration,215 E McKmey Str~*D~n, Te~s, 76201
Tel~h~e (940) 349-8230-F~ (940) 349-8120
MEMORANDUM
TO MAYOR AND MEMBERS OF CITY COUNCIL
DISD BOARD MEMBERS
FROM Howard Martin, Interim City Manager
DATE 11 May 2001
SUBJECT Clear Creek Natural Hentagn Center Background and Update
The City of Denton (Denton) sought and received from the Umted States Army Corps of
Engineers (Corps) a 50-year lease of 2,756 acres for an ecosystem restoration project pursuant to
Section 1135 of the Water Resources Development Act of 1986 (33 USC 2201) The project
straddles the Elm Fork Greenbelt with US 380 as the southern boundary (See the attached
pictures ) This lease is extremely important to Denton because of the water quality implications
of the project as well as other significant envaronmental factors The overall goal of the project is
twofold restore critical habitat areas to improve water quahty and other environmental
resources and provide a unique educational opportunity for the surrounding communities
Denton, pursuant to the lease, has extensive obhganons with respect to restoration and ongoing
operation and maintenance responsibilities at the site To assist with these activities, Denton
subcontracted with the Umvermty of North Texas CtJNT) for their environmental expertise In
addition, both Denton and UNT continue to incorporate and involve as many community
volunteers as possible (for tree planting, for example), thus providing necessary labor while also
creating a~ sense of "ownership" by the community m the project To date, nearly 200 acres have
been replanted and two very large wetland cells along the east side of Elm Fork, one above Clear
Creek and one below, have been constructed
The area is highly restricted, in terms of development, to low impact facilities such as trail
systems However, Denton asked the Corps if 50 of the 2700 acres could be designated for an
environmental education facility The Corps agreed to perrmt this unprecedented use as part of
the restoratmn project The Clear Creek Natural Heritage Center (CCNHC) will be the first
education faoihty built m assoemtion with a Corps restoration project The Steenng Comnuttee
envisions the faothty operating as the "gateway" to the entire project area, provichng both the
necessary education facility and an introduction to the overall project area
"Dedicated to Quahty Service"
www cttyofdenton corn
Staff began exploring possihilmes for the CCNHC over two years ago, meeting pnmanly with
representatives of the Denton Independent School District (DISD) (Dalton Gregory and, later,
Gene Holloway) and the Umverslty of North Texas (LINT) (Ken Dlckson and, later, Tom
LaPomt) Within the last year, this working comnuttee expanded to also include representatives
from Denton County (Steve Rolhns, recently resigned and yet to be replaced), the Elm Fork
Education Center (Rudi Thompson and Vlcki Chnstenson), Texas Woman's Umversity (Slnah
G-code), and the U S Army Corps of Engineers (Marina Hackett) City staffmoludes Kathenne
Barnett, Ed Hodney, and Juhe Smith This expanded committee has since functioned as the
Steenng Comimttee for the CCNI-IC and is chafed by ]Ed Hodney
The Steenng Committee developed the following mission statement for CCNHC
Inspire enwronmental citizenship through an understanding of the natural heritage
of north central Texas by prowding nature expenences, education and research
programs, and conservation and restoration projects
In addition to a mission statement, a ws~on for the overall project was developed
The Clear Creek Natural Heritage Center will
~ Promote env~ronmeotal cit~zenship
~ Pruvtde a place for people to interact and connect with nature
~ Be a model of integrated learmng for enwronmental, outdoor and
experiential learning
~ Provide a leading example of conservation and ecosystem restoration
projects
~ Be an educational, recreational and cultural resource for all people
The Steering Committee will be issuing a Request for Proposals by the end of this month for the
development of a Site Plan, Concept Plan, and Comprehanslve Plan The eft'crt will include a
space program end corresponding concept drawings for the primary activity braiding(s) and
support systems The Steenng Commfltee is requinng that the primary structures be built in
accordanCe with green construction methods and materials, showcasing energy-conservation
technologies to the ¢ommumty The City of Denton Water Utilities Department, the Denton
Independent School District, and the Umversity of North Texas will finance the planning effort
The Steering Committee hosted the Development Kick-off for the CCNHC on site March 31 ~
The event was well attended by about 200 folks, mchidmg the Woodrow Wilson choir (See
attached program and pictures ) A Partner's Grove was planted a short distance from the
building site by attendees, g~vmg guests an opportumty to actively contribute to the CCNHC
The Steenng Committee plans to develop funding for the construction of the CCNHC through
grants and sponsors (l~htchell Energy has already donated funds to the effort in the name of the
"Dechcated to Quality Service"
www cttyofdenton com
Texas Railroad Comrmss~oner ) Once the planmn$ process Is completed, construction costs can
be esUmated and a funding strategy developed
Staffwould be happy to arrange a tour of the s~te for any of you that are interested Please
contact Juhe Snnth at 349-8505 ffyou have any questaons
Prepared by
C~ty of D~ton
"Dechcated to Quahty Service"
www cttyofdenton com
CLEAR CREEK
Natural' lterita~je Center
Parlo. ng I
Hartlee Fmld Road Proposed
CCNHC
FM 428/
Sherman
Drive Collins Road
ProJect Area
Bell Ave
E Umversity Dnve
Mmgo Rd
Clvt¢
Center [~] McKanney
From Downtown Denton - Mmgo Road East'to Collins (tqntersectaon), mm left and follow the signs
Or
Take FM 428 toward Aubrey, turn right on Hartlee F~eld and follow Hartlee Field to mtea:sectlon of Colhns
The Clear Creek Natural Heritage Center Steering Committee Invites you to attend an exciting
event (Development K~ckoff) March al, 1 00-4 oo PM where the Cny of Denton, along with our
partners, will present the ms,on for the future Clear Creek Natural Heritage Center (CCNHC)
The CCNHC project area encompasses apprommately ~,700 acres adjacent to the southern
section of the Greenbelt The project began as a partnership between the US Army Corps of
Engineers and the City of Denton when both entrees committed funds to restore the area in-
cluding wetland construction and reforestation in the upper floodplain of Lake Lewlsvflle The
city received permission from the Corps to dedicate 5o of these acres to the construction of an
enwronmental education famhty
Following approval of the education facility, the c~ty sought partners and organized a steenng
committee to develop a master plan for the area The committee is comprised of representatives
from the C~ty of Denton, Denton Independent School Dlstr~ct, Umvers~ty of North Texas,
Texas Woman's Umvermt3 Der~ton County, and the U S Army Corps of Engineers The mis-
sion of the CCNHC ~s to respire environmental citizenship through an understanding of the
natural heritage of North Central Texas by prowd~ng nature experiences, educatmn and re-
search programs, and conservation and restoration projects
CLEAR CREEK NATURAL HERITAGE CENTER
DEVELOPMENT KICKOFF
(at the proposed learnmg faczh~y locatzon)
March B 1, floo 1
1 - P.M.
Them wzll be a brief ceremony, featuring a pe~ormance by the IVoodrow IVzlson Elementary Chotr Fotlowtng the
ceremony, attendees are znvzted to explore the project area and learn more about Tezas wzldl~ at a program by
,4mmal Edutainment of .4ubrey (Sponsored by Fzrst State Bank) Remember, all of the trasls are ummproved, so
please wear sturdy footwear and dress approprzately
Please be aware that onszte parkmg zs ummproved. We would encourage you to use our remote parkzng whwh zs
avazlable at the Cz~y of Denton Cww Center (Bell and McKmney) Shuttle sermce wzll run from 1~ - ~
Coyote The Coyote ~s one of the endunng images of the West, its sonorous nighttime wails pm
(Canls latrans) v~de the musical background to many a Hollywood western Its Latin name means Ubark-
lng dog", Coyotes will bark as a threat when defending a den The Coyote ~s the fastest
,, runner among the dog family, as it can cruise at 25-30 miles per hour and spdnt up to 40
mph for short d~stancas
Unfortunately, the Coyote has an undeserved reputation as a vicious killer of do
mastic Iwestock, stud~an over the past 40 yearn have shown that wh~le they can--and
do--prey on llvastock, sheep and cattle compnse less than one-half of one percent of
their yearly diet Domestic dogs actually pose a greater risk to both livestock and panple,
on average, dogs attack 2 million people per year, whereas there have only been 10
documented cases of coyotes stacking humans ~n all of recorded h~story
RBo¢ooll The Raccoon is nocturnal and solitary except when breeding or canng for tts young it
(Procyon Ioto/) eats a variety of foods, end its nimble fingers can easily turn door knobs, untie knots, and
open screw-top jars The Rascoon ~s very act,s ~n the fall, as they fatten themselves for
wrater Their tracks are found often In the soft mud of the forest and riverbanks through-
out the Greenbelt
The Iotor m the Raccoon's Latin name means "washer,' and refers to the popular
misconception that Raccoons like to wash their food m water before eating ~t The
"washing" is actually a fixed behawoml motor pattern that fan~iitatas finding food in
aquatic environments as well as helping identify matter that should not be eaten, we~ng
the paws enhances the Raccoon's sense of touch, Even ~n captivity and supplied w~th
any food--clean or dirty, wet or dry-Raccoons w~ll still dunk their food ~n water as an
expression of this innate behavior
Opossum The opossum 3s noctumal and solitary, and one of the most adaptable animals ~n ex~s-
(D/delphls virgin/aha} tence It can tolerate ell but extremely cold climates and will eat just about anything
When threatened, ~t sometimes mils over, shuts ~ eyes, and allows ~ta tongue to loll,
feigning death.-"play~ng 'possum ' More often, however, ~t thee to bluff ~s attacker by
h[as~ng, salivating, and opemng its mouth w~de to show all 50 teeth These teeth are qu~e
sharp, however, so ~f all of the bluffing falls and the Opossum is attacked, it can readrly
defend ~tsalf The Opossum ~s apparently immune to the venom of certain po~annous
snakes, including copperheads and water moocasms
In a cunous way, the Opossum's tail has enabled the animal to increase its north
em range by acting as a kind of fat storage area in the fall, Opossums increase their fat
content by 35%, much of which is stored in the ta~l
Armadillo When the Span3sh Conquistadores first encountered this strange creature, they named It
(Daeypus novemcmctus) the "little man ~n armor' It spends most wabng hours digging for food (primanly insects)
and building burrows, granting alomst constantly,
For such a clumsy looking animal, ~t ~s surpns~ngly swift It can swim short dis-
' tancan, gulping a~r to inflate ~s intestines for increased bouyancy, and can cross smell
' streams by walking unda~atar on the stream bed It goes about ~ business w~th a
= steady, sift.legged jog, but when approached, eeacpas by running away or rolling into a
, = ball to pmtact ~ts vulnerable belly, ri can also burrow underground with amazing speed
City of Denton Commumty Development Department
100W Oak, Suite 101 Denton, TX76201
(940) 349-8305 Fax (940) 349-7239
DATE May 11, 2001
TO Mayor and City Council Members
President and Members of the DISD Board of Trustees
FROM Lmda Ratllff, Director of Community Development
SUBJECT Tax Abatement Policy
On May 1, 2001 the City Council approved an amendment to the Tax Abatement
Pohcy, which prowdes special consideration for ex~stmg businesses that plan to
expand thetr facilities The amendment allows the Council to waive the policy
threshold of $5 mdhon m new valuation and consider up to 100% abatement for the
maximum of 10 years Abatement may only be considered on new bulldtng
valuation It cannot apply to business personal property I have attached a copy of
the recent resolubon and the Tax Abatement Policy
The City of Denton has had a tax abatement policy since May 1990 Under State
law, a c~ty's tax abatement policy must be renewed every two years by resolution
The ong~nal policy remained unchanged unbl June 2000 when the following changes
were incorporated
· The pohcy and appllcabon were reformatted to be more "user friendly"
· Special cons~derabon was included for abandoned buildings
Certain factors, such as high-paying jobs, partnerships w~th the umverslbes or
school d~stnct, creabon of a bus~ness park, etc, ment consideration of a
h~gher percentage of tax abatement - up to 50%
· Inclusion of language encouraging the apphcant to h~re Denton residents who
live within Iow to moderate-Income areas
· Inclusion of language encouraging the applicant to consider h~stoncally
underutilized businesses when selecting contractors and supphers
Two members from each elected by of the City, County and DISD participate In the
Joint Tax Abatement Committee The Committee drafted the June 2000 policy and
recommended the May 2001 amendment In addition, the Committee reviews all tax
abatement applications The Committee members then return to their elected bodies
and make recommendation on appropnate action
Under State law, the C~ty must first establish a re~nvestment zone at the bus,ness'
s~te and approve a tax abatement agreement before the DISD or County can enter
~nto s~m~lar agreements (Of course, the County may enter ~nto tax abatement
agreements w~thout a city's approval ~f the bus~ness ~s located outside the c~ty I~m~ts )
I wdl be avadable at the May 16th joint meeting of the C~ty Couno~l and Denton
Independent School D~stnct Board meeting to respond to any questions you may
hav~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AMENDING THE POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO
ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT
AGREEMENTS TO ALLOW WAIVER OF THE FIVE MILLION DOLLAR THRESHOLD
AND THE MAXIMUM TAX ABATEMENT PERCENTAGE, TO DEFINE PROFESSIONAL
POSITIONS, TO MAKE OTHER CHANGES AS SET FORTH IN THE AMENDED POLICY,
AND DECLARING AN EFFECTIVE DATE
WHEREAS, on June 6, 2000, the C~ty Counc,l adopted gmdelmes and criteria, known as
the Denton Pohcy for Tax Abatement (sometimes referred to as "Tax Abatement Pohcy"),
passxng by Resolutmn No R2000-028, and
WHEREAS, the CW Council desires to promote economic development within Denton,
and
WHEREAS, prov]d,ng tax abatement and other economic development mcennves w,thm
the City and ~ts extratemtonal ,lunsd,ctmn will hk¢ly contribute to the economic development of
Denton by en¢ourag,ng ma,lot investment and the creation of jobs, and
WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex
Tax Code, allows the c~ty to estabhsh Its own criteria for tax abatement and the C~ty has
prevmusly adopted gmdchnes for tax abatement and resolut,ons No R90-018, R98-004 and
R2000-028, and
WHEREAS, the Jmnt Committee on Tax Abatement, composed of representatives of the
City of Denton, the Denton Independent School D~smct, and Denton County have reconm~ended
amendments to Sect]on III "Value of Incentives" of the Tax Abatement Pohcy to allow wmver of
the five mflhon dollar threshold and the maximum tax abatement percentage and to define
professional positrons, which ~s attached hereto as the amendment to the Tax Abatement Pohc3,
and
WHEREAS, any amendment to the Tax Abatement Pohcy reqmres an affinnattve vote of
three-fourths of the members of the City Counctl (slx affirmative xotes) m accordance with
Sect]on 312 002(e) of the Tax Code, and
WHEREAS, the C~ty Council deems ]t m the pubhc ~nterest to continue to be ehg]ble for
participation ~n tax abatement and to amend the new pohc~es, gmdehnes and criteria governing
tax abatement agreements to be known as the Tax Abatement Pohcy, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES
~ That the polices, gmdehnes and criteria found in the Denton Policy for Tax
Abatement are hereby amended by amending Section III "Value of Incentives" to allow a waiver
of the five million dollar threshold and the maximum tax abatement percentage on a case-by-case
basis, to define professional positions, and to make other changes set forth in the amended policy
m accordance with the amendment that is attached to this Resolution as Exhibit A and made a
part of this Resolution for all purposes From and after the effective date of this Resolution, the
amended Tax Abatement Policy shall constitute policy guidelines and criteria govemmg tax
abatement agreements for the City of Denton in accordance with Chapter 312 of the Tax Code
SECTION 2 That the C~ty Council hereby reasserts ~ts decision to become eligible to
partimpate in tax abatement The City Council provides certain tax incentives applicable to
business enterprises m various rmnvestment zones whzch are established in the City, in
accordance with the applicable provisions of Chapter 312 of the Tex Tax Code and in
accordance with the guidelines and criteria established ~n the attached Exhibit A and ~n the
amended Tax Abatement Policy
SECTION 3 That save and except as amended hereby, all the remaining sections,
sentences, clauses, paragraphs and phrases of the Denton Policy for Tax Abatement shall remain
in full force and effect
SECTION 4 That this resolution shall become effective ~mmedmtely upon ~ts passage
and approval at the regular meeting of the City Council of the C~ty of Denton, Texas, on the 1'~
day of May, 2001, at which meeting a quorum was present and which meeting ,,vas held m
accordance with the provisions ofTex Gov 't C~551 001, et seq
P^SSED ? OVE th,sthe dayof. ,2oo,
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
p vEa AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
EXHIBIT A
SECTION III
DENTON POLICY FOR TAX ABATEMENT
III VALUE OF INCENTIVES
The criteria outlined m the Apphcatmn will be used by the Joint Committee on Tax
Abatement m determining whether or not it is m the best interests o£ the aftected taxing
ent,ties to recommend that tax abatement be offered to a particular project Specific
consideratmns will include the degree to which the mdtv~dual project furthers the goals and
object,yes of the commumty as described in the Denton Comprehenstve Plan, as well as the
relative nnpact of the project New, expanding and modermz,ng businesses may be
considered for abatement ir'the mimmum tkreshold, as described m Table 1 below, is met
Once a determmanon has been made that tax abatement should be offered, the value and
term of the abatement may be determined by referencing the following table
TABLE 1 Establishes a framework for considenng the length of abatement according
to assessed real property value of improvements and of tangible personal property located
on the real property
VALUE OF STRUCTURE
AND PLRSONAL PROPERTY YEARS OF 'ERCENTAGE OF
IN MILLION DOLLARS ABATEMENT ABATEMENT
100 10 15- 25%
80 9 15- 25%
65 8 15- 25%
50 7 15- 25%
35 6 15- 25%
20 5 15-25%
15 4 15- 25%
10 3 15-25%
5 2 15-25%
To quahfy, companies must meet the minimum threshold of the pohcy in the first 24 months
from the execution of the agreement or as specified ~n the tax abatement agreement
If upon ~mt,al application a project quahfies for tax abatement tinder the gtndehnes set forth
m this policy, the taxing entrees ma~ consider granting an addmonal 5°/% abatement for each
one of the follox~ mg factors pro~ lded, howe~ er, that the total tax abatement does not exceed
50% annually or continue for a period of more than ten years No apphcant may receive
credit,for more than five of the following factors
· The project ,,,,ill occupy a bmldmg that has been vacant for at least t~,,o years,
· The project will create high-skdled, high-paying jobs as documented by the
applicant, (A breakdox,,n of number of jobs per job classlficauon and entry level
wage per classification ~,xlll be used to detemm~e eligibility)
· The project ,,mdl lnvol~e a significant relationship ~th one of the txxo um~,ersitles in
Denton,
· At least 25% of the ne~ jobs cieated b3 the project xxdl be filled b5 Denton
residents,
· The project will plo,,lde know, ledge-based jobs (at least 25 perceut of.lobs require
college bachelors degiee at entry level),
· The project ~xlll donate significant public alt to the communltx (To qualify,
donation must be apploved by Gleater Denton Arts Council and Clt3 Councd),
· The project ,,mill donate significant materials/equipment to the pubhc schools (To
quah~ donation lntist be apploved b> DISD and City Council )
· The project ~lll cleate lmplovements to the Dentoa Cennal Busme>s District,
· The project x~lll result in the formation of a business paik,
· The project ts an mte~national or national headquarters faciht3
The total tax abatement may not exceed 50% annually foi ten years All abatements are
subject to final appioxal of the Crt3 Couucd and DISD Board ol I'ru~tees, ol the County
Commlssionel's Court Ex en though a pi oject ma) meet the cl iteria as set forth in th~s
pohe~, an application ma) be denied at the d~scretlon of the Crt) Council and/or DISD
Board of Trustees Tax abatement shall not appl3 to an5 portion of the land value of the
ploject The t?aesholds as desciibed m Table 1 aie consideled gmdehnes for estabhshing
the Tax Abatement Agleement telms Hox~eve~, the C~ty and DISD ma,x determine that a
lower ol highei pelcentage and/ol a sbortel oi longel term of abatement may be more
approplrate for an individual pioject If abatement is apploved the Clt~ and DISD may
con~lde~ applx mg all or a poltion of the abatement m the fiist ;>ear o~ during any shorter
period wrthin the teim ot the tax abatement agiecmeat Fox example, an approved
abatement of 25 pelcent to~ fora yeals ma3 be applied as 100 peicent abatement for one
year
When the Clt3 of Denton and Denton Independent School D~smct deternnne that incentives
are lequned to letam existing businesses ,,,,h~ch propose to nnpiove or redevelop property
wrthin the Clt~ hnnts, the Denton City Council and Denton Iadependent School Drstnct
Board ma> considei these "special piojects" on a case-by-case bas~s and ieserve the right to
waive the minimum tlueshold and/or exceed fifty percent (50%) in tax abatement The City
of Denton and Denton Independent School District ma,x also take into consideration as
"sEec~al projects" tbe expanslon/rede,~elopment ot existing businesses that create new or
additional professional jobs Abatement hereundei wdl onb applx to the increased
valuation of the improvements o,,er the appraised value of the propert~ prrol to such
lmplovements as same is estabhshed b3 the Denton Central Appraisal Dlsmct the year in
,Much the tax abatement agreement is executed The Clt) ot Denton and Denton
Independent School Drstrict may also consider other tax incentives authorized by law
Plofessional.lobs are defined as "occupations whmh require specialized and theoretical
knowledge wMch ~s usually acquired through college trmmng or through work
experience and other training which provides comparable knowledge, a calling requmng
specialized knowledge and often long and intensive academm preparation, requires some
research, analysis, report writing and presentations Specml hcensmg, cemficatmn, or
regtstratmn may be requued to perform the job task, the work of professional posmons ~s
creative, analytmal, evaluative, or lnterprett~ e, and ts characterized b5 personal
responsibility to keep abreast of and exermse 3udgment and broad perspective ~n the
apphcatmn of an orgamzed body of kno~x ledge that ts constantl~ studied to make new
discoveries and lnterptetauons or to m~p~ove the data, materials and methods, may
' dg g/pl
involve some supervision arid bu erin anmng"
than
When the City of Deuton and Denton independent School D~stuct determine that abandoned
propmly may icqtule add~uonal mcenuvcs to promote econonuc development that generally
sattsfies the lequuements of thts pohc5 tbt taklilg entrees re,t5 xxat;e the mm~mum
tlneshold and/or exceed fittv pmcent (50%) m tax abatement, m consider other tax
~ncenttves fm special pmject~ to ~ede;elop abandoned buddings consistent with extstmg
law For the propose ofthts pohcs, an abandoned bmldmg ~s defined as a building that has
been, Identified as being suitable flor commetcml or mdustt mi dca elopment has been vacant
for a mmunum ot fi;e yem~ m ba~ substanttall5 declined m app~atsed xalue Abatement
~xouid only be considmed on the mmeased valuatmn of the m~p~o;ements m each year
covq~ed b5 the tax abatemcnt agreement o; et the ~ alue of the ptopmt> for the year m which
the tax abatement agteemcnt is executed The Cit5 of Denton and Denton Independent
School Dlstllct may also considcl other tax lllCCntlx es autholtzed b5 Iaaa
DENTON POLICY FOR
TAX ABATEMENT
I GENERAL PURPOSE AND OBJECTIVES
The City of Danton (Clt)) and the Denton Independent School District (DISD) are committed to the
promotion of high qnahty development m all parts of the city and to an ongoing improvement ~n the quaht~
of hfe for its c~t~zens Insofar as these obJeCtives are generally ser,,ed b5 the enhancement and expansion
the local economy, the Clt3 and DISD will, on a case-by-case basis, give cons~deratmn to providing tax
abatement as a stimulus for economic development m Denton It ~s the policy of the C~ty and DISD that said
cons~derauon w, ll be provided in accmdance with the procedures and criteria outhned tn this document
Nothing here~n shall ~mpl> or suggest that the C~ty or DISD are under an5 obligation to prowde tax
abatement to any apphcant
Denton County ad valorem taxes also may be abated, however, applications ,,,,ill be considered separatelx
under the gmdehnes of the Denton County tax abatement policy
All apphcants shall be considered on a case-by-case basis Abatements xxlll be considered onlx
~nducements to generate dex elopment that otherwise would not occta Abatements v~dl not be considered
constrtiction of a project already has begun
Tax abatements, as described in this pohcy, will be available foi nexx and/o~ existing facilities and structure~
and for businesses v, antmg to locate, expand or modernize basic industries, corporate office headquarter, o~
distrtbut~on centers, except as this pohcy may be hm~ted for property described tn Sectmn 312 21 l(a) of the
Texas Property Tax Code (Vemons Texas Civil Statutes Annotated, hereinafter refened t° as ' Tax C°de )
II JOINT TAX ABATEMENT COMMITTEE
Requests for tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Commme~
being comprised oftv, o elected officials each from the C~ty, the DISD and Denton County One addmonal
staff person from each jmisdmtton shall be appointed to seixe as a nonvoting ex officio member of
corrrrnlttee
'lhe Joint Committee on Tax Abatement serves as a ~ecommendmg body to the taxing entitles regardm-'
whether economm dexelopment mcent~xes should be ofteted m each individual case Its recommendau~,n
shall be based upon an exaluatlon of lnfmmat~on submitted m the tax abatement apphcation and
add~tional mformatmn requested b3 the Committee or piesented to the Commmee The Tax Abatement
Apphcat~on ts presented as Exhibit A of this pohcy All meetings of the Joint Committee shall be held
comphance with the Texas Open Meetings Act, Chapte~ 551 of the Texas Gox e~runent Code
-1-
I ax Abatement Polm) M ~> 2001
Iil VALUE OF INCENTIVES
The criteria outhned in the Application will be used by the Joint Committee on Tax Abatement m
detemunmg whether or not it is in the best interests of the affected taxing entitles to recommend that t ix
abatement be offered to a particular project Specific considerations will include the degree to which thc
mdlvtdual project furthers the goals and objectives of the community as described in the Demon
Comprehensive Plan, as ,,',ell as tile relative impact of the project New, expanding and modernlzm~
businesses may be considered for abatement if the mtmmum tb_reshold, as described in Table 1 belox~ l,
met
Once a determination has been made that tax abatement should be offered, the ,,alue and term of th~
abatement may be determined by referencing the follov, mg table
TABLE 1 Establishes a fiamex~ork for considering the length of abatement accord,ng to assessed rcal
property value of lmprovelnents and of tangible pc, sonal property located on the real property
VALUE OF STRUCTURE
AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF
IN MILLION DOLLARS ABATEMENT ABATEMENT
100 10 15-25%
80 9 15- 25%
65 8 15- 25%
50 7 15-25%
35 6 15-25%
20 5 15- 25%
15 4 15~25%
10 3 15-25%
5 2 15-25%
'I o quahfy, co,-npames must meet tile mmmmm th, esbold of tile pohcy tn the fi,st 24 months from the
execution of the agreement or as specified Ill the tax abaternent agreenlent
If upon mttml apphcat,on a p,oject quahfies for tnx abatement undel the gmdebnes set forth In this poh.x
tile taxing entitles ma> cons~dei graining an addluonal 5% abatement fol each one of the follow,ng fact
provided, however, that the total tax abatement does not exceed 50% annuall5 oi cont,nue for a
more than ten yeats No apphcant may rece,xe c,ed,t for more than fiv~e of the tollowmg factors
· The ploject ~lll occupy a btuldmg that has been vacant fo, at least two yeals,
· The project ~xfll cleate high-skilled high-paying jobs as documented by the apphcant
breakdown of nnmbe~ of jobs pc, job classification and ent,) level xxage per classification xxxll
used to detemlme ehgiNht5 )
· The project will in,,olve a significant relationship ~vith one of the two um~ ersit~es tn Denton,
· At least 25% of the new jobs created by the project x~lll be filled by Denton residents,
· The project will provide knowledge-based jobs (at least 25 percent of jobs require college bachelor~
degree at entry level),
· The project will donate significant pubhc art to the commumt) (To quahfx, donation must
approved b5 Gleater Denton Arts Council and Clt~ Council),
· The pioject wilt donate significant mateimls/eqmpment to the pubhc schools (To quahfy, donation
must be approved b5 DISD and City Cotincd ),
· Tile pioject ,a dl create improvements to the Denton Central Business D~smct,
· The project ~lll lesult in the formation of a business park,
· The project is an international or national headquarters facility
The total tax abatement may not exceed 50% annually for ten 5ears All abatements ate subject to
appro,,al of the City Cotlncfl and DISD Boald of Trustees, or tile County Commissioner's Court E'~en
though n project may meet the eltterla as set forth In this pohcy, an apphcanon ma~, be denied at tht
d,sc~etion of the Clt~ Counc,I and/or DISD Boat d of Trustees Tax abatement shall not apply to anx
portion of the land value of the pioject The thresholds as described in Table 1 me considered guidelines fo~
estabhshn~g the Tax Abatement Agleement terms Howex m, the C~ty and DISD ma3 determine that a loxxez
or higher pelcentage and/oi a sholtm ol longel term of abatement ma5 be more appropriate for an radix tdu
project If abatement is approved the C~ty and DISD may consider applxmg all or a portion o~ th~.
abatement m the filst }ear ot dunng any shorter period xvlthm the term of the tax abatement agreement t or
example, an apploved abatement ot 25 peicent fo~ four yeals ma~ be apphed as 100 peicent abatement
one year
When the City of Denton and Denton Independent School District determine that mcent~xes are reqmred to
retain existing businesses x~luch p~opose to nnptove ol redevelop ptopeit5 ~,Mthla tile City hmtts, the Denton
City Council and Denton Independent School Dtstitct Board may consider the~e 'special projects' on a
case-by-case basis and lesel~e the itght to wal,,e the mnumum threshold and/o~ exceed rifty percent (5030)
m tax abatement The Cltx of Denton and Denton lndependeat School D~smct max also take into
considelat~on as "special projects" the expanslon/iedexelopment of existing basu~esses that create nexx o~
additional professloaal jobs Abatement helenndet wall onl> appl3 to the increased xaluatlon oI th,
m~provements ovm tile appraised x alue of the piopelt) pt~o~ to snch m~ptox ements as same ts estabhshed b~
the Denton Central Applaisal Dtstitct the yeai m which the tax abatement agieement ts executed The C
ol Denton and Denton Independent School D~stnct ina) also considel othei tax mcent~x es attthonzed bx laxx
Professional jobs ate defined as "occupatloas xxhlch iequne specialized and theorencal knox~ledge
ts usually acquued through college tialmng o~ through ,,\otk expeucnce and other naming ~,,hlch ptox
comparable knoxx ledge, a calhng ~equn mg specmhzed knoxx lcdge and oftea long and mtenstx e academic
preparation, requnes SOllle lesearch analjsls leport xMltlng and plesentat~ons Specml hcenslng
certification, or regtst~ at,on may be ~equued to pet rolm tile job task, the x~ olk of p~ofesslonal posmons
creative, analytical, exaluat~ve, ol lnteipiet~xe and ts chatactt.~tzed b5 pelsonal responstNhty to keep
ableast of and exercise judgment and brond peispect~ve m the apphcat~on of an o~gamzed bod~, of
knowledge that is constantl5 stadled to make nex\ d~scoxei~es and mteipretatlon> ot to nnptove the data
materials and methods ma3 mvolx e some supmvislon aud budgeting/planning
F lx Abqttm~lll Pohc~ M t', 2001
When the City of Denton and Denton Independent School District determine that abandoned property ma~
require additional ~neentives to promote economic development that generally satisfies the requirements of
this policy, the taxing entities ma3 waive the minimum threshold and/or exceed fifty percent (50%) m tax
abatement, or consider other tax mcennves for special projects to redevelop abandoned bmldmgs consistent
w~th existing law For the purpose of this policy, an abandoned building is defined as a building that
been ~dentlfied as being statable for commercial or industrial development, has been vacant for a mmm~um
of five years or has substantmlly declined in appraised value Abatement ~ould only be considered on
increased ~ aluation of the improvements m each year co~ ered by the tax abatement agreement over the ~ ,~1
of the property for the year in which the tax abatement agreement is executed The C~ty of Denton and
Denton Independent School District ma5 also cons~del other tax incentives authorized b3 la~
PrehnnnaD Apphcation
IV PROCEDURAL GUIDELINES
Any person, orgamzat~on ol coiporation desiring that the City oi DISD consider providing tax abatement to
encourage location or expansion of taciht~es within the hm~ts of the junsdmt~ons shall be required to complx
with the following procedmal guidelines Nothing s~fllnn these guidelines shall nnply or suggest th it
either the City oi DISD is under an:) obhgatmn to pi ox ~de tax abatement to an) applicant
A Apphcant shall complete the attached "Apphcation for Tax Abatement"
B Apphcant shall piepale a map oi othei documents piovidmg the follo~mg
· precise location of the propert3 and all ioad~ays '~wth~n 500 feet of the site
· existing uses and conditions of leal piopert3
ploposed improvements and uses
an5 pioposed changes in zoning
· compatibiht~ xvlth the Denton Compiehens~ve Plan and applicable building codes and C ~tx
oldlnances
C A complete legal description shall be pioxided Applicant shall complete all fom~s ,t~d
lnfom~at~on detailed in the Application and submit all information to the City Manager C~tx
Denton, 215 E McKmne3, Denton, TX 76201
D All mfoimat~on m the apphcatlon package detailed abo,,e x~fll be re~ lexxed for completeness
accuracy Add~tional mlmmauon may be requested as needed
E The application will be dtsmbuted to thc appropriate C~t3 and DISD departments foi mt,.~,~
~ex iew and comments Additional reformation may be requested as needed
F Copies of the complete application package and staff comments will be provided to thc
'1 ax Abatement Poh~-) M i~ 2001 - 4 -
Committee on Tax Abatement
F~scal agents of the City, DISD and County will rexiew the application for comments and
recommendation Additional information may be requested as needed
Consideration of the Application
The Joint Committee on Tax Abatement will consider the apphcation at a regular or called
meeting(s) Additional mfom~atton ma3 be requested as needed
The recommendation of the Joint Committee on Tax Abatement ~lll be forwarded, w~th all
relevant materials, to the chief administrative officer of each taxing ent~t>
If the City Cotincll of Denton decides to grant a tax abatement, it shall call a pubhc hearing
consider estabhs'mnent ora tax retnvestment zone in accordance ',~xth Section 312 201 of the I ax
Code The relnvestment zone must meet one or mole of the criteria of Section 312 202 of fix,-
Tax Code
The C~ty Council of Denton shall hold a pubhc hearing and determine ,,~hether the project ~
"feasible and plactmal and would be of benefit to the land to be included x~lthln the zone and ( ttx
after the expiration of the tax abatement agleement in accordance xx~th Section 312 201"
consideration shall be gixen to pohcies noted m the Denton Comprehensl'~e Plan xxhen
designating a tax reinvestment zone
The City Council of Denton may consldei adoption of an oldmance designating the area
described m the legal description of the proposed project as a commerctal/mdusmal
abatement zone
M The City Council may considel adoption ot an ordinance o~ lesolut~on approving the terms and
conditions of a contract between the C~ty and the applicant goxemmg the provision of the tax
abatement and the commitments of the applicant, including all the temps required b) Section
312 205 of the Tax Code and such othel telms and conditions as the City Courted ma5 reqtm,-
Should the commitments subsequently not be satisfied, the tax abatement shall be null and
(nnless the tax abatement agieement piowdes fo~ a ~ecapture of the piopert> tax revenue lost
proportionate to a paitml faflme to meet the minimum tln'esholds set foith in the agreement) and
all abated taxes shall be prod immediately to tile Clt3 of Denton and all other taxing jurisdiction'
participating m the tax abatement agreement Pio,,lsions to this etlect shall be incorporated
the agreement
N The governing bodies ot Denton Count3 and DISD ma3 cons~de~ laufication of and palt~ctpqtmn
m the tax abatement agreement between the City of Denton and the applicant
0 Tile City and DISD reselYe the autho, tt3 to entel into tax abatement agleements at
pelcentages and/m temps as set folth m the gmdehnes of this pohc} consistent x~th th~
Ab~,tem~nl Pohcy M%, 2001 - 5 -
reqmrements of the Tax Code
Any tax abatement agreement will address various issues, including but not limited to, the follo~ mg
General description of the project,
2 Amount of the tax abatement and pement of value to be abated each year,
3 Method of calculating the value of the abatement,
4 Duration of the abatement, including commencement date and termination date,
5 Legal description of the property,
6 Kind, numbei, location and timetable of planned improvements,
7 Specific terms and conditmns to be met by applicant,
8 The proposed use of the facihty and nature of construcuon,
9 Contractual obligations in the event of default, xiolation of temps or conditions, dehnqucnl
taxes, recapture, adtmmstiation and assignment
Annual Evaluation
Upon completion of construction, the Joint Committee on Tax Abatement shall receive from the
Manager an annual evaluation of each abatement to lnsme comphance w~th the agieement and to report
possible ¥1olations of the agreement to the taxing entities After ne~ tax base numbers are received m
of each ~eal, the City Managei and bis start will have ninety (90) days to lex lew and prepare a breakdo~
those figmes
Transfei or Assignment
A contract roi tax abatement may be tlansfelred o~ assigned b) the migmal apphcant to a new owner upon
approval by the various taxing .lurisdictions ariel such a recommendation ts made b) the Joint Commlttce
Tax Abatement
Local Businesses and Mlno~ th Business Enterprises
In perfornung this Agreement, O~\rNERS agree to use diligent eftorts to purchase all goods and sei'~ ice.
flora Denton businesses x~ henevel such goods and sel~lces ate compalable m avmlabihty, quality and
price
As a matter ofpoh% xxith lespect to CITY pio.lects and piocurements, CITY also encourages the use
applicable, ofquahfied coniractois subcontlacto~s and supphe~s x~heie at least fifl~-one percent (5
the Owncrship of such cont~actm, subcont~actoi or supphei ts xested m racial ol ethnic minorities or
,,~omen In the selection of sobcontiactoxs, supphels ol othel peisons or organizations proposed foi x~o~l-
on this Agleement, the O\\~ERS agree to cons~dei this poh% and to use then reasonable and best eflo~
to select and employ such compames and peisons for x~oik on th~s Agreement
Job Recrmtmg from Lo~-Moderate Income Census T~acts
-6-
Tax Abatement Pohc> M ~x 2001
OWNER, lessee or assignee of OWNER agrees it will endeax or to make axadable or endeavor to cause
lessees or assignees to make available, full-t~me or part-time employment ,,~lth on-the-job training for
Denton citizens In th~s effort, OWNER, lessee or assignee agrees to recrmt from the lo~-moderate
income Census tracts as further defined in the Concentration of Lo~/Mod Income by Block Groups
shown below
By Block G~OUl~S
Low/I,Iod Income
lax Abatement Poh~.y Max 2001
EXHIBIT A
The C ty of Denton
Tax Abatement Apl
About the
The Tax Abatement Apphcauon provides the City v, ltb specific mformanon on the project The Information
requested n'! the Apphcatlon ts designed to address the criteria developed within the Ctty of Denton s 'I tx
Abatement Pohcy The information serves as the bas~s for fiscal analysl~ and overall project evaluation
e,,aluanon IS provided to Council Members and serves as a source document during City Council dehberatlons
The Appltcanon And The Agreement
Specific mformat~on from the Application (hke value of new investment and employment commitments) ~,
incorporated into the Abatement Agreement In fact, tile Application ts an attachment to the Agreement S~nce th~.
agreement is a binding contract, it is important that each question on the apphcatlon be answered m full and as
reahsucally as possible Simply put, the application ts part of the process from start to finish so you 11 want to make
sure you're comfortable with the conteuts
When Is The Application Final~
Tile answel to this question ts very snnple When ).ou tell us It s final ' It ts not unconunon for a properl)
owner(s) to submit numerous Apphcattons as drafts for mformat~onal and evaluative purposes onb As
conversations continue, the property owller will subnm a f~na117ed version of the Apphcanon that includes all of th~-
conumtments agreed to during the dlscusslolls
What About Conftdenttahty ~
Section 312 003 of tile Texas Tax Code makes confidential information provided to the Cay as a part of
application that describes the specific processes el business act~wttes to be conducted or the eqmpment or
property to be located on the propert), Tlus mfotmat~or~ ts not subject to pubhc d~sclosure until the tax abatement
agreement ts executed Section 522 131 of tile Texas Government Code (Texas Public Informanon Act) makes
confidential tnfortnatton which relates to economm development negottanons betv~een the City and a busm~.',s
prospect that the City seeks to have locate stay or expand m or uear the terrltoly of tile City The mfonnat~on mu,t
relate to a trade secret of the business prospect, conm~e~clal or financial information whmb the business prospect
can delnollstl, ate based on specific factual ewdence that dmclosure would cause substannal competitive harm to tltc
person from %hem the mformat~on ,,vas obtained or informattoll about a financial or other lnceutlve being offered
the business prospect by the City el by auother person Information about a financial or other mcenw~e being
offered to the business prospect ~s required to be disclosed when an agreement is made w~th a business prospect
The City ts subject to d~sclosmg most records and documents upon request under tile Public Inforrnanon Act
Accordmgly¢ please cleail3 indicate and maik an) mfoi matron ~ ou consldei pi opimtar3 Tills ~ ould mch~(1,-
anvthlng 111 ~,OtW apphcatlon '~,lllcll ~ Oil consldel fl tilde seclet, COllllllelClal el finallclal lnforlllatlon ;;Illth
3'ou can demonstrate b'~ specffic factual evidence that '~ oukl cause substantml compet~tl'~ e harm if disclosed
lllformatioil Ydllcb describes the specific In ocesses o~ bosu~ess actc~lties to be conducted or the equlplnent
other p~.opert', for which tile tax abatement is sought, an.', financial el other mcentr~e )ou ma~, be seeking
fiorn the Cltj' or an', other mfotnmtior~ 3'ou deem to be confidential undel the la',~
tlho is Authorized To &gn the Apphcatton 9
Because the Apphcauon itself ts r~on-blndnlg the pelson slglnng need not be the property ex, her or exen
individual duly authonzed to sign on behalf et tile property or, net Howevel tf an Agreement ts reached
Apphcatton will be an attachment to the Agreement and ~ts contents Ydll be binding through the authorized sign
reqmred ell tile Agreement
City of Denton
Tax Abatement Application
C~ty of Denton
City Manager's Ofl~ce
Denton, Texas 76201
(940) 349-8307
(940) 349-8596 FAX
-9-
Fax Abatement Pohc> Ma> 2001
APPLICATION FOR TAX ABATEMENT
CITY OF DENTON, TEXAS
Property Owner
Company or ProJect Name
Madmg Address
Telephone I Fa'< No
Contact Name
T~tle
Madmg Address
Telephone [ Fax No
2 Pro'~tde a chlonolog', of plant opemngs closing and ~eJocatlons over tile past 15 )ears
3 Provide a recmd of mergers and financial restrtlcturmg dmmg the past 15 )eats
4 Will tile occupants of the project be o~ ncr or lessee"' If lessee, a~ e occupancy commitments already
ex~stmgo
5 Is tile project a relocation o~'e\tstmg £amhtj, ct a ne\,, fac~ht'~ to expnad opetations° Jr'relocation, give
current location
l -tx Ab'ucment Pohc~, Ma*. 2001 - l 0 -
6 It an existing Denton business, will project result m abandonment of ex~stmg famhty') If so, the value of the
existing fa~thty will be subtracted front the value of the new famhty to arrive at total project value
7 Property Description
- Attach a copy of the legal description detaihng property's metes and bounds
- Attach map of project including all road,,~ays, land use and zoning x~ tthm 500 feet of s~te
8 Current Value Attach copy of latest ptopelty tax statement flora the Denton Count) Central Appraisal
D~smct (include both real and persooal propelt))
9 Increased Value/Estimated Total Cost of Project
Strnctures $ S~te Development
Personal Propmty $ Other Improvements
I0 Indicate amount of tax abatement and number of years requested for each taxing enmx
Crt) of Denton % [ years
Denton ~ndependent School Dlst~ct %[ years
Denton County % years
List any other financial incentives th~s ploject v~ fll r~,quest/rccelve
Estimated Freeport Exemption [6
Estmmted Electric Utd~t5 lndustrml D~velopment Rider
Esmnated Water/Wastewater Infiasttucture Assistance
I 1 Gt'.e a brief description of the act~wttes to be pe~ formed at this location including a de,.nptmn of products
to be produced and or ser:~ces to bc p~ovlded
Tax Abatement Pohq. M I'* 2001
12 ProJeCt Constructmn Phase
A Esttmate percentage of proJeCt development and construction dollars to be spent ',~ ~,h Denton based
contractors or sub contractors
Construction costs $ I Percentage local contractors
13 Constructton Emp o)ment Estm~ates
Start Dat~ (Mo/Yr) Compleuon Date (Mo/Yr)
No of Construction Jobs Estm~ated Total Cons ruction Payroll $
C Describe any off-site mffastructore req,.urements
· Wastewater
· Streets
· Dramage
· Othe~
Fax Abatcmt-nt Pohc) M t) 2001 - 1 ') '
13 Project Operation Phase Provtde employment mformatton for the number of years tax abatement ts
requested
At Project
Extstmg Start Date At Term of
Employ, ment lnformatmn Operatmn (m o/~, r) Abatement
(If apphcable) /
A Total number of permanent, fall-rune jobs
B Employees transferred from outside Denton
C Net permanent full-tm~e jobs (A minus B )
E Total annual payroll for all permanent, fuli-tm~e
jobs (A)
F T> pcs of jobs created L~st the job tttles and number of postt~ons ~n eacl~ category that ~ ~ll be employed
at the facdtty Provide average wage for each category
G Estimate annual utility usage for project
Electric $ Water $
Wastewater $ Gas $
14 Descrtb~ any other direct benefits to the Cit~, of Denton as a l esult of flus pt oject (e g, sales tax revenue or
project elements identtfied m Tax Abatement Pohcy, Section I11)
Tax Abalemcnt Pohc~, Ma) 2001 - 1 3 -
Is property zoned appropriately9 Yes No
Current zomng
Zomng reqmred for proposed project
Anticipated variances
16 Is property platted'~ Yes No
Will replattmg be necessary Yes No
17 D~scuss any environmental n'npacts created by tile project
A L~st any pernms for which apphcant must apply Apphcant will be reqmrt, d to pro',~de Oty w~th cop~es
of all apphcatmns for environmental perrmts upon completton ofapphcatton(s)
18 Provide spectfic detail of an) businesses/residents that v, tll be dlsplac~.d and asststance that ,,,. d[ be avatlable
from thc requesting company,
19 Prowde descnptton of an~ htstoncally stgmficant ar~.a included w,thru tile p: oject s area as determined by the
Htstoucprese~,,at~onOfficet If an,, gtvedetallofho,,~theil~sto~tcall~ s~gmficantareax~fllbepreserved
20 Justtficat~on for Tax Abatement Request Substanuate and more full~ &scl ~be the ]usuficatlon for thts
request Include tile allloultt of tile abatement requested and show Iio~ II V. [11 contrtbtu~ to tile financial
wabfltt5 of the project Subtmt attachments ffnecessaD
Tax Abate. lin. at Poh~,y Mq~ 2001 - 14 -
21 L~st ad&tional abatement factors to be considered for this project as outhned on pages 3 and 4 of the tax
abatement pohcy
22 Financial Information Attach a cop) of the latest audited financm] statement or, in the case of a new proJect,
a bustness plan
Th~s tax abatement apphcat~on is submitted '.vtth the ackno~ ledgement that ad&t~onal certified financtal m formation ma~ bc
required
Authorized Signature
Date
Tax Abatcnlcnl Policy Ma) 200[ - 1 5 -
PROPOSED SCHEDULE
DENTON AQUATIC CENTER
May 4, 2001
A DESIGN DEVELOPMENT
1 Beg~n Design Development (DD) May 2, 2001
(S~x Weeks)
2 Consultants turn m DD plans, specs
& estimates (PS&E) to SRA Tues, 5 00pm, June 12, 2001
3 Pnnt DD Package Wed, June 13, 2001
4 Submit DD to Owners for Rewew & CM
for estimate (Two Weeks) Friday, June 15, 2001
5 Owners return comments to SRA Friday, June 27, 2001
(Two Weeks)
6 Subm~tt DD to DRC/C~ty of Denton Monday, July 9, 2001
B CONTRACT DOCUMENTS
1 Begin Contract Documents Friday, June 29, 2001
(21/2 months)
2 Consultants turn ~n 75% PS&E to SRA Tues, 5 00pm, September 11, 2001
3 Pnnt 75% Package Wed, September 12, 2001
4 Submit 75% Package to Owners for Rewew
& CM for estimates Friday, September 14, 2001
5 Owners return 75% comments to SRA Friday, October 5, 2001
6 Consultants turn-in Final PS&E to SRA Tues, October 25, 2001
(5 Weeks)
7 Print F~nal B~d Package Wed, October 26, 2001
4200
Proposed Schedule
May 4, 2001
Page 2
C BIDDING
1 Advertise for B~ds Sunday, October 28, 2001
(4 Weeks) Sunday, November 4, 2001
2 Open B~ds Thurs, November 29, 2001
D AWARD GUARANTEED MAXIMUM PRICE
CONTRACT TO CONSTRUCTION MANAGER Tues, December 11,2001 or
Tues, January 8, 2002
E BEGIN CONSTRUCTION January 15, 2002
F OPEN NATATORIUM December 15, 2002
(11 Months)
G OPEN AQUATIC PARK May 15, 2003
(1 7 Months)
4200
Wayne Stuart Ryan Elementary
Sidewalk - Walk Zone Profile
Ryan Road Forrestridge Granada Ridgemont Andrew Total
Neighborhood Area Monteclto Montecarlo (Thistle Hill)
Access Streets La Maucha
Mileage F~om Campus .3 .8 - 1 1 2 4
# Students m Walk 68 14 16 3 101
oue
Estimated Student Use 25 10 10 I 46
Sidewalk Options:
A. Constrdct Sidewalks on North,Side of Ryan Road
Creekdale to Ridgemont with a Crosswalk at Creekdale & Ryan Road:
Advantages Disadvantages
*Prowdes safest access to campus *Increased Costs
*Services, largest number of students *Easements Reqmrcd - 15 to 20
*Reduced need for crossing controls/guards *Construct T~me - 12 to 18 Months
B. Constr~ct Sidewalk onSouth Side of Ryan Road
Rvan E~ementary to Thistle I-I!11 & from Thistle Hill to Montecito with Crosswalks
at Forr~stridge & Ryan and Montecito & Rvan Road:
Advantages D~sadvantages
*Reduced Costs *Access to s~dewalks w~ll require crossing Ryan Road
*Easemehts Reqmred - 3
*Construct T~me - 6 Months
***Note: DISD will provide interim bussing services to students ~n the
Walk zone until sidewalks are constructed. Designated bus
stops will be located at each neighborhood access street.
Mission Statement
..in pursuit of excellence
The mtsston of the Denton Publw Schools, m partnershtp w~th the home and communtty, ts to proade
the best educational opportuntttes tn a challenging yet supportive envtronment where tndtvtduals and
cultural dwers~ty are respected so that our students become knowledgeable and responsible c~t~zens
who are capable of ltfe-long learmng and who have developed the necessary skdls to contnbute
productively to a complex and ever-changing world
OFFICIAL AGENDA
DENTON ISD - BOARD OF TRUSTEES
Wednesday, May 16, 2001
Joint Meeting with Denton C~ty Councd
12 00 PM
Denton Independent School Dlstr~ct, Board Room
1307 N Locust St, Denton, TX
1 Call to Order, Announce Quorum
2 Introductions
3 Report on Natatorium
4 D~scussmn of Stdewalks at Wayne Stuart Ryan Elementary School
5 D~scuss~on of Tax Abatement Pohcy Changes
6 Report on Clear Creek Natural Heritage Center
7 AdJourn
*OPEN MEETING RULE (Texas Government code 551 001 et seq )
Any action taken by a governmental body at a meeting on a subject ~h~ch was not stated on the agenda m the not,ce
posted for such meeting can be made void The reqmrement for not~ce prescribed by th~s secuon does not apply to
matters about which specific factual reformation or a recitation of existing pohcy is furnished in response to an inquiry
made at such meenng whether such mqmry ~s made by a member of the general pubhc or by a member of the
governmental body Any dehberat~on dtscuss~on or decision wtth respect to the subject about ~h~ch mqmry was made
shall be bruited to a proposal to place such subject on the agenda for a subsequent meenng of such go'~emmenta[ body
for which notice has been provided tn comphance wtth the Act
Notice of Meeting
Denton Independent School District
Notice is hereby given that on the 16th day of May 2001 the Board of Trustees of the Denton Independent School
District will hold a joint meeting with the City of Denton C~ty Councd at 12 00 o clock noon, at the Board Room
Central Sermces Building, 1307 N Locust St, Denton, TX The subjects to be d~scussed are listed on the agenda
which is attached to and made a part of this notice
If, during the course of the meeting covered by this notice, the Board of Trustees should deterrmne that a closed or
executl~,e session of the Board of Trustees Is required, then such closed or executive meeting or session as
authonzed by the Texas Open Meetmgs Act, Texas Govemment Code Sectmn 551 001 etseq wlll be held by the
School Board at the date, hour, and place gl~,en m this Nonce or as soon after the commencement of the meeting
covered by this Notice as the School Board may conveniently meet tn such closed or executive meeting or sessmn
concerning any and all purposes perrmtted by the Act, including, but not hrmted to the following sections and
purposes
TEXAS GOVERNMENT CODE SECTION
55 l 071 Private consultation w~th the Board's attorney
551 072 Discussing purchase, exchange, lease, or value of real property
551 073 Discussing negotiated contracts for prospective gifts or donations
551 074 Discussing personnel or to hear complmnts against personnel
551 075 To confer with employees of the School District to receive information or to ask questmns
55 l 076 Considering the deployment, specific occasions for, or lmplementatmn of, security personnel or
devices
551 082 Considering discipline ora public school child or complaint or charge agmnst personnel
551 083 Considering the standards, gutdehnes, terms, or condlttons the Board will follow, or will ~nstruct
its representatives to follow, in consultation with representatives of employee groups
551 084 Excluding witnesses from a hearing
Should any final action, final decision, or final vote be required ~n the oplmon of the School Board with regard to
any matter considered m such closed or executive meeting or session, then the final action, final decision, or final
vote shall be either
(a) m the open meeting covered by the Notice upon the reconvenlng of the pubhc meeting, or
(b) at a subsequent public meeting of the School Board upon notice thereof as the School Board shall
deterrmne
On this 1 lth day of May 2001, this Not~ce was mailed to news media who had previously requested such Nonce and
an original copy was posted on the bulletin board in the School District Adrmmstratlon Budding at 4 45 o clock
P M on said date
FOR THE BOARD OF TRUSTEES