2015-170ORDINANCE 2015 -170
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM GRANT
AGREEMENT BETWEEN THE CITY OF DENTON, THE BOARD OF DIRECTORS OF
TAX INCREMENT REINVESTMENT ZONE NUMBER TWO OF DENTON, TEXAS, AND
DENTON - TARRANT PRW, LLC; AND PROVIDING AN EFFECTIVE DATE (PROJECT
RANGER ONE).
WHEREAS, Denton - Tarrant PRW, LLC ( "Grantee ") has made a request of the City of
Denton and Board of Directors of Tax Increment Reinvestment Zone Number Two, City of
Denton, Texas to establish an economic development program under Chapter 380 of the Texas
Local Government ( "Chapter 380 ") to stimulate the development of commercial property within
the City of Denton; and
WHEREAS, the City Council by this ordinance is establishing an economic development
program under Chapter 380 which will stimulate business activity in the City and promote the
public interest (the "Program ");
WHEREAS, to effectuate the Program, the City and Grantee have negotiated an
Economic Development Grant Agreement (the "Agreement "), a copy of which is attached hereto
and made a part hereof by reference; and
WHEREAS, the City Council finds that the Program and Agreement promote economic
development and will stimulate commercial activity within the City of Denton for the benefit of
the public; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble of this ordinance are
incorporated into the body of this ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement on behalf of the City of Denton and to carry out the City's responsibilities and rights
under the Agreement, including without limitation the authorization to make the expenditures set
forth in the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
_day of � "" �� �� �� � Wa 2015.
IS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
"
APPR6 ED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH
DENTON - TARRANT PRW, LLC.
This Economic Development Program Grant Agreement ( "Agreement ") is made
and entered into as of the effective date provided for below, by DENTON - TARRANT
PRW, LLC. (the "Grantee "), a Delaware limited liability company, the CITY OF
DENTON (the "City "), a Texas municipal corporation, , and the BOARD OF
DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, City of Denton, Texas
(the "Board ") for the purposes and considerations stated below:
WHEREAS, this Agreement is authorized by and made pursuant to the economic
development program provisions of Chapter 380 of the Texas Local Government Code
(the "Act ") to promote local economic development and to stimulate business and
commercial activity in the City of Denton; and
WHEREAS, Grantee is known as a regional retailer of consumer products; and
WHEREAS, Grantee is contemplating a regional, multi -state distribution facility,
and the development of that certain real property within the city limits of the City of
Denton as more particularly described in Exhibit "A" attached hereto and made a part
hereof by reference (the "Property "); and
WHEREAS, the new facility will involve Grantee investing approximately $130
million in Denton, and is expected to create around one hundred and sixty five full -time
jobs, with an average annual payroll of $7.2 million; and
WHEREAS, on the 12`h of March 2015, Grantee submitted an application for
economic development incentives to the City concerning the contemplated use and
development of the Property, which is on file in the City's Office of Economic
Development, a copy of which is attached hereto and made a part hereof by reference as
Exhibit `B ", and
WHEREAS, on the 8th of April 2015 the Economic Development Partnership
Board and the Tax Increment Reinvestment Zone Number Two ( "TIRZ 2 ") Board of
Directors considered and recommended a local incentive for Denton - Tarrant PRW, LLC,
including the full reimbursement of public infrastructure costs generally described as
Phase 1 Improvements (excluding traffic signals) in the TIRZ 2 Project Plan, a copy of
which is attached hereto and made a part hereof by reference as Exhibit "C "; and
WHEREAS, the City Council finds that the contemplated use and development of
the Property, the proposed improvements provided for herein and the other terms and
conditions of this Agreement will promote economic development and will stimulate
development activity within the City of Denton for the benefit of the public.
NOW, THEREFORE, the City and Grantee for and in consideration of the
Property and the promises contained herein do hereby contract, covenant and agree as
follows:
I.
CONDITIONS OF THE GRANT
A. In consideration of a Grant Agreement and subject to the Grantee meeting
all the terms and conditions of the Grant as set forth herein, the City hereby grants the
following:
A grant (the "Reimbursement Grant ") of up to $1,000,000 in infrastructure financing for
water improvements and up to $865,000 for sewer improvements as defined in Exhibit
"D ", attached. Thirty (30) days after the City verifies expenditures by Grantee, a Grant
payment will be made to Grantee for infrastructure financing for actual Project Costs
associated with water and sewer improvements totaling up to $1,000,000 in water
improvements and $865,000 in sewer improvements consistent with the City's
Infrastructure Financing Policy adopted by Resolution 91 -008, attached as Exhibit "E ".
A grant (the "Sales and Use Tax Grant ") equal to 100% of local Sales and Use Tax
Receipts collected by the City of Denton on construction materials and furniture, fixtures,
and equipment purchased for the development of the Property. The City shall within
thirty (30) calendar days after receipt of the actual Sales and Use Tax Receipts for the
Sales and Use Tax Receipt Certificate submitted by Grantee, pay the Grant for each
applicable calendar month to the Grantee, or as directed by the Grantee.
A grant (the "TIRZ Reimbursement Grant ") equal to 100% of the Tax Increment
generated by subject Property and paid into the Tax Increment Fund which are
attributable to the Tax Increment created by the Subject Tract, defined in Exhibit A,
commencing the first year following receipt by Grantee of the certificate of occupancy
(the "CO ") for the Property, and paid annually until Grantee has received full
reimbursement of Project Costs for Public Improvements. The Tax Increment generated
by subject Property that is paid into the Tax Increment Fund includes a 40% participation
rate by the City of Denton and a 40% participation rate by Denton County, as defined in
Ordinance 2012 -366 (Exhibit F).
A grant (the "First City Grant ") equal to 60% of City ad valorem taxes attributable to
Improvements (as the term "Improvements" is defined below) resulting in an increase of
assessed value (excluding land value), as determined by the Denton Central Appraisal
District, of real property improvements to and tangible personal property (excluding
inventory and supplies), commencing the first year following receipt by Grantee of the
CO for the Property, and paid annually until Grantee has received full reimbursement of
Project Costs for Public Improvements.
A grant (the "Second City Grant ") equal to 60% of City ad valorem taxes attributable to
Improvements (as the term "Improvements" is defined below) resulting in an increase of
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assessed value (excluding land value), as determined by the Denton Central Appraisal
District, of real property improvements to and tangible personal property (excluding
inventory and supplies), for a period of four years, commencing the first year following
full reimbursement of Project Costs for Public Infrastructure. If such increase in
investment in Improvements is less than $50,000,000 excluding purchase price of the
property there will be no grant payment after full reimbursement of Project Costs for
Public Improvements.
At times the Second City Grant is referred to in this Agreement as the "Incentive Grant ".
At times, the Sales and Use Tax Grant, First City Grant, Reimbursement Grant, TIRZ
Reimbursement Grant, and the Incentive Grant are collectively referred to as the
"Grants ".
B. A condition of the Incentive Grant is that, by January 1, 2018 (subject to
force majeure delays not to exceed 180 days), Grantee shall have made Improvements on
or to the Property, which result in an increase in the assessed value of same, as
determined by the Denton Central Appraisal District, as contemplated by Section III.A.1,
below. For the purposes of this paragraph, the term "force majeure" shall mean any
circumstance or any condition beyond the control of Grantee, as set forth in Section XIV
"Force Majeure" which makes it impossible to meet the above - mentioned time restraints.
C. The terms "Improvements" or "Contemplated Improvements" are defined
as the construction, renovation and equipping of the Property including but not limited to
(1) costs related to the development and improvement of the real estate, including,
without limitation, construction costs and design and engineering costs; (2) tangible
personal property located on or at the Property owned or controlled by Grantee, including
but not limited to forklifts, tractors, trailers, yard goats and other such items used in
Grantee's distribution fleet activities (but expressly excluding only inventory and
supplies). The kind and location of the Contemplated Improvements is more particularly
described in the Incentive Application (the "Incentive Application ") submitted by
Grantee to the City on March 12, 2015.
D. A condition of the Incentive Grant is that the Contemplated Improvements
be constructed and the Property be used substantially in accordance with the description
of the project set forth in the Incentive Application and within the time frames set forth in
this Agreement.
E. A condition of the Incentive Grant is that throughout the term of this
Agreement, the Contemplated Improvements shall be operated and maintained for the
purposes set forth herein so that the use of the Property shall be consistent with the
general purpose of encouraging development or redevelopment of the City except as
otherwise authorized or modified by this Agreement.
F. The City shall have the right to terminate the Incentive Grant if the
Grantee does not occupy the Contemplated Improvements continuously for the term of
this Agreement for the purposes set forth in the Incentive Application. In the event of
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such a termination by the City Grantee shall refund to the City such amounts as set forth
in Section V, below.
G. The term "Public Improvements" shall mean any improvements included
within the Categories of Public Improvements identified in Exhibit "D" attached, and any
related improvements required by the City of Denton necessary to issue a certificate of
occupancy.
H. The term "Project Costs" as used herein shall mean all costs arising in
connection with the design, development and construction of such Public Improvements
and shall include, without limitation, all costs of design, engineering, materials, labor,
construction, inspection and testing, legal and other consulting fees, all payments arising
under any contracts entered into by Denton - Tarrant PRW, LLC pursuant to this
Agreement, all costs incurred in connection with obtaining government approvals,
certificates or permits (including any building permit fees) required as a part of any
contracts entered into in accordance with this Agreement and all related legal fees
incurred in connection therewith. Project Costs shall not include the cost of any land
pertaining to Public Improvements.
I. Grantee agrees to comply with all the terms and conditions set forth in this
Agreement.
II.
GENERAL PROVISION
In the event of any conflict between the City zoning ordinances, or other City
ordinances or regulations, and this Agreement, such ordinances or regulations shall
control, provided however the City shall not diminish the benefits to the Grantee under
this Agreement through ordinances or regulations (whether now or hereafter in effect).
III.
TERMS AND CONDITIONS OF GRANT
A. Subject to the terms and conditions of this Agreement, the City hereby
agrees to pay to Grantee:
Upon inspection and acceptance of the Public Improvements, and within thirty
(30) days after the City verifies the expenditures made by Grantee pertaining
to same, a lump sum reimbursement payment for infrastructure financing for
actual Project Costs associated with water improvements and sewer
improvements totaling up to $1,000,000 in water improvement, and $865,000
in sewer improvements, consistent with the City's Infrastructure Financing
Policy adopted by Resolution 91 -008, attached as Exhibit "E";
2. Following issuance of the CO and within thirty (30) days after the City
verifies Sales and Use Tax Receipts provided by Grantee, the Sales and Use
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Tax Grant, which shall be a lump sum payment totaling 100% of all Sales and
Use Tax Receipts collected by the City of Denton for construction materials,
furniture, fixtures, and equipment for the development of the Property.
Further, and subject to the terms and conditions of this Agreement, the City
hereby agrees to pay to Grantee, on an annual basis, after the first assessment following
receipt by Grantee of the CO for the Property, the following annual payments (the
"Annual Payments "):
An amount equal to 60% of the difference between: (a) the then current City
ad valorem taxes for the Property and Improvements, minus, (b) City ad
valorem taxes payable for the Property and Improvements as of January 1,
2015, in annual installments until Grantee has been fully reimbursed for all
Project Costs for Public Infrastructure; and then
An amount equal to 60% of the difference between: (a) the then current City
ad valorem taxes for the Property and Improvements, minus, (b) City ad
valorem taxes payable for the Property and Improvements as of January 1,
2015, for a period of four years commencing the first year after Grantee has
been fully reimbursed for all Project Costs for Public Infrastructure (the "A.4.
Payments ").
B. Grantee shall have the right to protest and contest any or all appraisals or
assessments by the Denton County Appraisal District for the Property, the Improvements
or any other tangible personal property owned or controlled by Grantee and located on
the Property. All calculations in this Agreement shall be based upon final assessed
values after any such protest or contest.
C. The A.4. Payments shall be for a term not to exceed four (4) years after
full reimbursement of Project Costs for Public Infrastructure, with the first payment being
due and payable on or before 60 days after the City is in receipt of all City ad valorem
taxes due and payable for the Property and Improvements as of January 15t of the year
following the calendar year in which Grantee has been fully reimbursed for all Project
Costs for Public Infrastructure and, unless sooner terminated as herein provided, shall end
after the fourth A.4. Payment has been made to Grantee.
IV.
RECORDS, AUDITS, AND EVALUATION OF PROJECT
Grantee shall provide access and authorize inspection of the Property by
authorized City employees and allow sufficient inspection of financial information to
insure that the Improvements are made according to the specifications and conditions of
this Agreement. Such inspections shall be done in a way that will not interfere with
Grantee's business operations. The City shall, on an annual basis, evaluate the Project to
ensure compliance with this Agreement. Grantee shall provide information to the City on
a form provided by the City for the evaluation. The information shall include, without
limitation, an inventory listing the kind, number, and location of and the total investment
value of all Improvements to the Property, including those Improvements installed,
renovated, repaired or located on the Property.
V.
FAILURE TO MEET CONDITIONS
In the event (i) Grantee or the Owner of the Property allow their ad valorem real
property taxes owed to the City with respect to the Property, or ad valorem taxes owed to
the City with respect to any tangible personal property owned or controlled by the
Grantee and which is located on the Property to become delinquent and fails to timely
and properly follow the legal procedures for protest and /or contest of any such ad
valorem real property or tangible personal property taxes; or, (ii) any other material
conditions of this Agreement are not substantially met by Grantee, then a "Condition
Failure" shall be deemed to have occurred. It is understood that a Condition Failure shall
not be deemed to occur merely because at a particular time it cannot be determined
whether such condition has been or will be met, but shall occur only if at a particular time
it can be determined that such condition will not be met after notice and reasonable
opportunity for Grantee to cure such failure. In the event that a Condition Failure occurs,
the City shall give Grantee written notice of such Condition Failure and if the Condition
Failure has not been cured or satisfied within ninety (90) days of said written notice, this
Agreement may be terminated by the City; provided, however, that if such Condition
Failure is not reasonably susceptible of cure or satisfaction within such ninety (90) day
period and Grantee has commenced and is pursuing the cure or satisfaction of same, then
after first advising the City of efforts to cure or satisfy same, Grantee may utilize such
additional time as may be reasonably required to cure such Condition Failure, but not
more than one hundred eighty (180) days, provided, however that the City may, in its
discretion, authorize additional time in order to facilitate a cure of such Condition
Failure. If a Condition Failure is not cured or satisfied after the expiration of the
applicable notice and cure or satisfaction periods ( "Condition Failure Default "), the City
may, as the City's sole and exclusive remedies, (a) terminate any Annual Payment(s) due
pursuant to Section A, 4. (an "A.4. Payment "), above, but not yet made, and (b) require
that Grantee repay to the City an amount equal to: (ww) if such termination occurs in the
first year after an A.4. Payment has been made, fifty percent (50 %) of such payment; (xx)
if such termination occurs in the second year after an A.4. Payment has been made, forty
percent (40 %) of the aggregate amount of A.4. Payments made; (yy) if such termination
occurs in the third year after an A.4. Payment has been made, thirty (30 %) of the
aggregate amount of A.4. Payments made; or (zz) if such termination occurs in the fourth
year after an A.4. Payment has been made, twenty percent (20 %) of the aggregate amount
of A.4. Payments made to Grantee. Notwithstanding the foregoing, in no event shall
Grantee be required to repay all or any portion of any payments made to Grantee
pursuant to Section III A.1, Section III A.2, or Section III A.3., above.
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VI.
ASSIGNMENT
Without the prior consent of the City, this Agreement and Grantee's rights and
obligations hereunder may only be assigned to an affiliate of Grantee, and such
assignment shall only be effective upon delivery of written notice of same to the City.
Upon any assignment permitted in accordance with the terms of this Section VI, the
assignee will be deemed the "Grantee" hereunder, such that any reference in this
Agreement to "Grantee" or to "Denton- Tarrant PRW, LLC" shall be deemed to refer to
such assignee. In the event that Grantee ceases to operate on the Property, this
Agreement shall terminate and all obligations of the City, as set forth herein, shall
terminate and be of no further force and effect.
VII.
NOTICE
All notices called for or required by this Agreement shall be addressed to the
following, or such other party or address as either party designated in writing, by certified
mail postage prepaid or by hand delivery:
COMPANY:
Denton - Tarrant PRW, LLC
Attn: Scott Kupperman
262 Market Square, Suite A
Lake Forest, IL 60045
CITY:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
BOARD:
Board of Directors of Reinvestment Zone Number Two
c/o City of Denton
215 E. McKinney Street
Denton, Texas 76201
VIII.
CITY COUNCIL AUTHORIZATION
This Agreement is authorized by the City Council at its meeting on the
day of „ .....�,,, _, 2015, authorizing the City Manager to execute this Agreement on
behalf of the City.
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IX.
INTENTIONALLY OMITTED
X.
SEVERABIILTY
In the event any section, subsection, paragraph, sentence, or phrase is held
invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the parties intended at all times to delete said invalid,
illegal or unconstitutional provision.
XI.
ESTOPPEL CERTIFICATE
Any party hereto may request an estoppel certificate from another party hereto so
long as the certificate is requested in connection with a bona fide business purpose. The
certificate, which if requested will be addressed to Denton - Tarrant PRW, LLC shall
include, but not necessarily be limited to, statements that this Agreement is in full force
and effect without default (or if default exists the nature of default and curative action,
which should be undertaken to cure same), the remaining Term of this Agreement, the
levels and remaining Term of the Annual Payments in effect, and such other matters
reasonably requested by the party(ies) to receive the certificates.
XII.
DENTON - TARRANT PRW, LLC STANDING
Grantee, as a party to this Agreement, shall be deemed a proper and necessary
party in any litigation questioning or challenging the validity of this Agreement or any of
the underlying ordinances, resolutions, or City Council actions authorizing same and
Grantee. shall be entitled to intervene in said litigation.
XIII.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas. Venue
for any action under this Agreement shall be the appropriate court serving Denton
County, Texas. This Agreement is fully performable in Denton County, Texas.
XIV.
FORCE MAJEURE
If, because of flood, fire, explosions, civil disturbances, strikes, war, acts of God,
or other causes beyond the control of either Party, either Party is not able to perform any
or all of its obligations under this Agreement, then the respective Party's obligations
hereunder shall be suspended during such period but for no longer than such period of
time when the party is unable to perform.
XV.
AMENDMENT
. This Agreement is the entire agreement of the parties and may only be modified
by a written instrument executed by both parties.
XVI,
EFFECTIVE DATE
This Agreement is effective as of the &0ay of 14—
- 2015.
4-71 1— ----
CITY OF DENTON,'I "�,
11A
GLOOE C. CAMPBELL
CITY MANAGER
130A�kl) OF DIRECTQ� S '
REIN "ESTN E',,Nt )MBER TWO
M
CLEVE BREED .,OVE
BOARD CHAII '
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM:
ANITA BURGESS, CITY ATTORNEY
0
DENTON - TARRANT PRW, LLC
BYY A-1�_ „ .�_
Scoft
rman
ITS: a
Manager
10
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON
'I "he fib egoilig "conr rt c Development Program Agreement was executed before
me on [he "dray of" � , 2015 by George C. Campbell, City Manager
of the City o
�l 17entora, �� ��xas, a ...... Texas municipal corporation, on behalf of said municipal
corporation.
zwu8a� r�""
JENWER K . WALI
M, B�oaaay pubuc, Slate of Texas
ecem bef 19, 201
STATE OF TEXAS
COUNTY OF DENTON
e
c .aai °y I'Ll b' lrc in and for the
S 11"ate of Texas
The 17oregoing 1 craraoinic Developnie[rt Program Agreement was executed before
me ora the t day of'-_ 2015 by Cleve Breedlove, Board Chair of
the I ax lnerenient l eira - stBlent Zone Number Two Board of Directors of the City of
Denton. Texas, on behalf of said board.
STATE OF TEXAS
COUNTY OF DENTON
L L
Name:
Notary Public in and for the
State of Texas
The me on the � l grog Economic Development Program Agw rwement was executed before
on behalf of
said corporation.
CHRDAVIS JJ
octobst 21, 201
11
Notary Public in and for the
State of Texas
Exhibit A
Legal Description and /or Depiction
Subject Tract
Being a tract of land situated in the J. Scott Survey, Abstract No. 1222, and in the
Jacob Bacon Survey, Abstract No. 1541, and also in the J. Perry Survey, Abstract
No. 1040, in the City of Denton, Denton County, Texas, and also being a part of Lot
1, Block B, of the CONVEYANCE PLAT WEST PARK ADDITION, an addition to
the City of Denton, as recorded under Document No. 2013 -0318, of the Official
Records, Denton County, Texas (O.R.D.C.T.), and also being a part of Section 1,
Tract Seven, as described by deed to Rayzor Investments, Ltd., as recorded in
Volume 1796, Page 601, of the Deed Records, Denton County, Texas (D.R.D.C.T.),
and also being a portion of that tract of land described by deed to Westpark Group,
L.P., as recorded under Instrument No. 2006 - 40956, O.R.D.C.T., said tract being
more particularly described as follows:
COMMENCING at a 5/8" iron rod with a plastic cap stamped "RPLS 1640" found
for the southwesterly corner of said Lot 1, same being in the northwesterly
monumented line of Western Boulevard (Variable Width Right -of -Way) (Inst. No.
2007 - 81316);
THENCE North 00 107'00" East, along the westerly line of said Lot 1, same being
over and across said Westpark Group, L.P. tract, a distance of 643.18' to a 1/2" iron
rod with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a
capped iron rod set) in the southerly line of the herein described property;
THENCE South 90 100'00" East, along the southerly line of the herein described
property, and over and across said Lot 1 and Westpark Group, L.P. tract, a
distance of 104.15' to a capped iron rod set at the POINT OF BEGINNING of the
herein described property, said capped iron rod set being in the westerly
monumented line of said Western Boulevard;
THENCE North 90 000'00" West, over and across said Lot 1, Westpark Group, L.P.
and Tract Seven, a distance of 2012.18' to a capped iron rod set for the
southwesterly corner of the herein described property, same being in the easterly
line of a tract of land described by deed to Ed Wolski, Trustee and Virginia
Fryman, as recorded in Volume 2895, Page 470, D.R.D.C.T.;
THENCE North 00 120'22" East, along said easterly line of the Wolski/Fryman
tract, a distance of 1693.45' to a capped iron rod set at the northwesterly corner of
the herein described property;
THENCE North 90 000100" East, over and across said Tract Seven, a distance of
1758.98' to a capped iron rod set in the southwesterly monumented line of said
Western Boulevard;'
THENCE in a southeasterly and southerly direction along said Western Boulevard,
the following courses and distances:
South 27 °54'04" East, a distance of 98.46' to a 1/2" iron rod found;
Exhibit A
Legal Description and /or Depiction
Subject Tract
South 22 °11'25" East, a distance of 50.25' to a 1/2" iron rod with a yellow plastic
cap stamped "ARTHUR SURVEYING" found (herein after referred to as a capped
iron rod set);
South 27 054'04" East, a distance of 159.75' to a capped iron rod found at the
beginning of a curve to the right, having a radius of 1127.501, a central angle of
09 005'03 ", and a chord which bears, South 23 021'32" East, a chord distance of
178.58';
Thence along said curve to the right, in a southeasterly direction, passing a
capped iron rod set for the most northerly corner of said Lot 1 at an are length of
4.48' and continuing along said curve to the right, a total arc length of 178.76' to a
1/2" iron rod found;
South 23 041'05" East, a distance of 47.34' to a capped iron rod found at the
beginning of a curve to the right, having a radius of 1132.50', a central angle of
12 011'49 ", and a chord which bears, South 10 019'54" East, a chord distance of
240.63';
Thence along said curve to the right, in a southeasterly direction, an arc length of
241.08' to a 1/2" iron rod found for corner;
South 01 009'10" West, a distance of 288.05' to a 1/2" iron rod found for corner;
South 04 033'28" East, a distance of 50.25' to a 1/2" iron rod found for corner;
South 01 °09'10" West, a distance of 450.00' to a capped iron rod found for
corner;
South 06 151'48" West, a distance of 150.75' to a 1/2" iron rod found for corner;
South 01 009110" West, a distance of 37.02' to the POINT OF BEGINNING and
containing 77.212 acres of land, more or less.
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
CITY OF DENTON TAX ABATEMENT AND INCENTIVE POLICY
I. GENERAL PURPOSE AND OBJECTIVES
The City of Denton (City) is committed to the promotion of high quality development in all parts of
the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these
objectives are generally served by the enhancement and expansion of the local economy, the City
will, on a case -by -case basis, give consideration to providing tax abatement or other incentive as a
stimulus for economic development in Denton. It is the policy of the City that said consideration will
be provided in accordance with the procedures and criteria outlined in this document. Nothing herein
shall imply or suggest that the City is under any obligation to provide an incentive to any applicant.
All applicants shall be considered on a case -by -case basis. Incentives will not be considered if
construction of a project already has begun.
Tax abatements, as described in this Policy, will be available for businesses wanting to locate, expand or
modernize, existing or new facilities and structures, including, without limitation, basic industries,
corporate office headquarters or distribution centers, except as this Policy may be limited for property
described in Section 312.211(a) of the Texas Property Tax Code (Vernons Texas Civil Statutes
Annotated, hereinafter referred to as "Tax Code. ")
In addition to tax abatements, the City may provide alternative or additional incentives to businesses
utilizing its authority under Chapter 380 of the Texas Local Government Code (hereinafter referred to as
"Chapter 380. ") Chapter 380 of the Texas Local Government Code states that a municipality may
establish and provide for the administration of one or more programs for making loans and grants of
public money and providing personnel and services of the municipality, to promote state or local
economic development and to stimulate business and commercial activity in the municipality.
The City of Denton will consider, on a case -by -case basis, the use of grants and loans as incentives to
accomplish one or more of the following economic development objectives:
• Development and diversification of the economy
• Elimination of unemployment or underemployment
• Expansion of transportation or commerce
• Attraction of major investment
• Expansion of primary employment
• Stimulation of agricultural innovation
The City of Denton may establish targeted incentive programs to accomplish one or more of the above
objectives. Such programs could include, but are not limited to:
• Targeted industry cluster or supply chain recruitment initiatives
• Capital grants or loans for start-up and small businesses to promote entrepreneurship
• Special incentive programs within certain boundaries of the City in order to promote infill
redevelopment and attract businesses that meet pre- determined desirable criteria
• Grants to offset costs associated with public infrastructure improvements and /or impact fees
• Cash incentives to gain a competitive position when in direct competition for a project
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
II. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD
Requests for tax abatement or other incentives shall be reviewed by the Economic Development
Partnership (EDP) board, on a case -by -case basis unless otherwise directed by City Council, the EDP
board being comprised of two City Council members, two Chamber of Commerce board members, two
representatives from the top twenty taxpayers, one representative from the University of North Texas,
one member with aviation experience, and one member at- large.
The EDP board serves as a recommending body to the City Council regarding whether economic
development incentives should be offered in each individual case. Its recommendation shall be based
upon an evaluation of information submitted in the incentive application and any additional information
requested by the EDP board or presented to the EDP board. The Incentive Application shall be
substantially in the form of Exhibit A of this Policy. All meetings of the EDP board shall be held in
compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code.
III. VALUE OF INCENTIVES
The criteria outlined in the Application will be used by the EDP board in determining whether or not it
is in the best interests of the City to recommend that incentives be offered to a particular 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 on growth, employment, expansion of the tax base, economic development and human health
and the environment.
Tax Abatements
New, expanding and modernizing businesses may be considered for a tax abatement if the minimum
threshold, as described in Table 1 below, is met.Once a determination has been made that a project is
eligible for a tax abatement, the following table will serve as a basis for determining amount and term of
abatement:
TABLE 1: Establishes a framework for considering the length and percentage of abatement
according to assessed property value of improvements and of tangible personal property located on the
real property.
Page 2 of 19
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
[VALUE OF STRUCTURE
AND PERSONAL PROPERTY
YEARS OF
PERCENTAGE OF
IN MILLION DOLLARS
ABATEMENT
ABATEMENT
100
10
25%
80
9
25%
65
8
25%
50
7
25%
35
6
25%
20
5
25%
15
4
25%
10
3
25%
5
2
25%
To qualify, companies must meet the minimum threshold of the Policy in the first 24 months from the
execution of the agreement or as specified in the tax abatement agreement.
If upon initial application a project qualifies for tax abatement under the guidelines set forth in this
Policy, the City may consider granting an additional 5% abatement for each one of the following factors
provided, however, that the total tax abatement does not exceed 50% annually or continue for a period
of more than ten years. No applicant may receive credit for more than five of the following factors:
• The project will occupy a building 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 classification and entry level wage per classification 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;
• A minimum of 25% of local contractors and local subcontractors will be utilized during
construction of the project;
• 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 Denton Arts Council and City Council);
• The project will donate significant materials /equipment to the public schools (to qualify,
donation must be approved by DISD and City Council);
• The project will create improvements to the Denton Downtown Implementation Plan area;
• The project will result in the formation of a business park;
• The project is an international or national headquarters facility.
• The project is a medical manufacturing or research facility.
• The project incorporates significant environmentally sustainable practices that includes:
Leadership in Energy and Environmental Design (LEED) certification, recycling initiatives, the
manufacture of sustainable materials or products that support sustainable industries, or the
incorporation of clean technology.
Page 3 of 19
2014 Tax Abatement Policy Exhibit B
Incentive Application - Project Ranger One
a Renewable Energy will be generated, stored or utilized for the project on an ongoing basis;
0 The applicant is committed to actively supporting the Denton Community.
The total tax abatement may not exceed 50% annually for ten years. All abatements are subject to final
approval of the City Council. Even though a project may meet the criteria as set forth in this
Policy, an application may be denied at the discretion of the City. 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 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 the abatement is approved, the City 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.
When the City of Denton determines that incentives are required to retain existing businesses, which
propose to improve or redevelop property within the City limits, the Denton City Council may consider
these "special projects" on a case -by -case basis and reserve the right to waive the minimum threshold
and /or exceed fifty percent (50 %) in tax abatement. The City of Denton may also take into
consideration as "special projects" the expansion/redevelopment of existing businesses that create new
or additional professional jobs. New or existing businesses that incorporate environmentally sustainable
practices or have a renewable energy component may also be considered "special projects." Abatement
hereunder will only apply to the increased valuation of the improvements over the appraised value of the
property prior to such improvements as same is established by the Denton Central Appraisal District the
year in which the tax abatement agreement is executed. The City may also consider other tax incentives
authorized by law.
Chapter 380 Incentives
At times when alternative incentives may be preferable to a tax abatement, the City Council has the
authority under Chapter 380 to create a custom incentive in order to accomplish specific economic
development goals. Chapter 380 incentives will be considered on a case -by -case basis, and may be
considered for one or more of the following criteria:
• A certain number of net new jobs with wages above Denton's median household income
• The relocation of a company that promotes the growth of targeted industry clusters such as high -
tech companies, aviation /aerospace industry, or supply chain clusters that support Denton's
existing primary employers
• Incentives for businesses that cause infill redevelopment or other desirable development
objectives
• Any other activity which the City Council determines meets a specific public purpose for
economic development
Definitions:
Local contractors and local sub - contractors refers to vendors that have their "principal office or place
of business," as reported to the Texas Secretary of State Office, located within Denton City Limits or
Page 4 of 19
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
Extraterritorial Jurisdiction (ETJ). The minimum requirement of 25 %, to be eligible under this
consideration, will be based on the estimated construction valuation of the project.
Knowledge -based jobs are defined as occupations which:
• Require specialized and theoretical knowledge, usually acquired through a college education
or through work experience or other training which provides comparable knowledge;
• Require some research, analysis, report writing and presentations;
• Require special licensing, certification, or registration to perform the job task;
A Business Park is defined as a multi - building, multi- tenant, master planned complex of approximately
one million square feet or more under roof, constructed to house manufacturing, distribution, assembly,
and office facilities.
Leadership in Energy and Environmental Design (LEED) certification is a voluntary
internationally recognized green building certification system, with verification by a third -party that a
building or community was designed and built using strategies aimed at improving performance
across the following metrics:
• energy savings
• water efficiency
• CO2 emissions reduction
• improved indoor environmental quality
• stewardship of resources.
The certification levels consist of the following: Basic, Silver, Gold and Platinum and are weighted
on a 100 point system. The LEED system measures: innovation in design; sustainable sites; water
efficiency; energy and atmosphere; materials and resources; indoor environmental quality; and
locations and linkages.
The manufacture of sustainable materials or products may include but is not limited to: biobased,
recyclable and reclaimed goods. Denton is located in an air quality nonattainment region designated
by the Environmental Protection Agency for air pollution levels that continually exceed national
standards. Products and equipment that support sustainable industries or clean technologies that
reduce environmental pollution are encouraged and may qualify for consideration under this section.
Community support and involvement may include but is not limited to monetary or active investment in
local non profits, public institutions or community organizations. Membership and participation in a
Denton chamber of commerce is an example that may qualify under this consideration. The EDP board
will consider criteria proposed by the applicant, review and make a recommendation on the eligibility of
the applicant's community support and recommend whether an additional five percent should be added
to the overall incentive percentage.
When the City determines that abandoned property may require additional incentives to promote
economic development that generally satisfies the requirements of this Policy, the City 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
improvements in each year covered by the tax abatement agreement over the value of the property for
Page 5 of 19
Exhibit B
2614 Tax Abatement Policy Incentive Application - Project Ranger One
the year in which the tax abatement agreement is executed. The City may also consider other tax
incentives authorized by law.
Preliminary Application
IV. PROCEDURAL GUIDELINES
Any person, organization or corporation desiring that the City consider providing incentives to
encourage location or expansion of facilities within the limits of the jurisdictions shall be required to
comply with the following procedural guidelines. Nothing within these guidelines shall imply or
suggest that the City is under any obligation to provide an incentive to any applicant.
A. Applicant shall complete the attached "Incentive Application."
B. Applicant shall prepare a map or other documents providing the following:
• precise location of the property and all roadways within 500 feet of the site
• existing uses and conditions of real property
• proposed improvements and uses
• any proposed changes in zoning
• compatibility with the Denton Comprehensive Plan and applicable building codes and
City ordinances.
• A complete legal description.
C. Applicant shall complete all forms and information detailed in the Application and submit
all information to the City Manager (or his/her designee), City of Denton, 215 E. McKinney,
Denton, TX 76201.
D. All information in the application package detailed above will be reviewed for completeness
and accuracy. Additional information may be requested as needed.
E. The application will be distributed to the appropriate City departments for internal review
and comments. Additional information may be requested as needed.
F. Copies of the complete application package and staff comments will be provided to the EDP
board.
G. Fiscal agents of the City will review the application for comments and recommendation.
Additional information may be requested as needed.
Consideration of the Application
H. The EDP board will consider the application at a regular or special - called meeting(s).
Additional information may be requested as needed.
Page 6 of 19
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
I. The recommendation of the EDP board will be forwarded, with all relevant materials, to the
City Council.
J. If the City Council decides to grant a tax abatement, it shall call a public hearing to consider
establishment of a tax reinvestment zone in accordance with Section 312.201 of the Tax
Code. The reinvestment zone must meet one or more of the criteria of Section 312.202 of
the Tax Code.
K. The City Council 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.
L. 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 or incentive 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 or other incentive 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 or other
incentive shall be paid immediately to the City of Denton. Provisions to this effect shall be
incorporated into the agreement.
N. The City reserves the authority to enter into tax abatement agreements at differing
percentages and /or terms as set forth in the guidelines of this Policy, consistent with the
requirements of the Tax Code. The City also reserves the authority to enter into incentive
agreements under Chapter 380 of the Texas Local Government Code.
Any incentive 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 facility and nature of construction
9. Contractual obligations in the event of default, violation of terms or conditions, delinquent
taxes, recapture, any decrease in valuation, administration and assignment
Annual Evaluation
Upon completion of construction and /or other threshold criteria, the City Council shall receive from the
City Manager (or his/her designee) an annual evaluation of each incentive to insure compliance with the
agreement and to report possible violations of the agreement to the appropriate taxing entities. After
new tax base numbers are received in July of each year, the City Manager and his staff will have ninety
(90) days to review and prepare a breakdown of those figures.
Page 7 of 19
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
Local Businesses and Historically Underutilized Businesses
Businesses receiving an incentive are asked to use diligent efforts to purchase all goods and services
from Denton businesses whenever such goods and services are comparable in availability, quality and
price.
The City of Denton also encourages the use, if applicable, of qualified contractors, subcontractors and
suppliers who are historically underutilized businesses based on information provided by the General
Services Commission pursuant to Chapter 2161 of the Government Code. 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 this Agreement.
Job Recruiting from Low - Moderate Income Census Tracts
Businesses receiving incentives are asked to endeavor to make available, or endeavor to cause lessees
or assignees to make available, full -time or part-time employment with on-the-job training for Denton
citizens. In this effort, the business, lessee or assignee is encouraged to recruit from the low- moderate
income Census tracts as further defined by the U.S. Department of Housing and Urban
Development's (HUD) Qualified Census Tracts (QCT) map shown in Figure 1. HUD defines QCTs
as "census tracts in which one -half or more of the households have incomes below 60 percent of the
area median income or the poverty rate is 25 percent of [or] higher.
Page 8 of 19
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
FIGURE 1: DENTON, TEXAS
2010 -2011 Qualified Census Tracts
Page 9 of 19
Outline Tract
sa w �N
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
EXHIBIT A
The City of Denton
Incentive Aimlication
About the Application...
The Incentive Application provides the City with specific information on the project. The information requested
in the Application is designed to address the criteria developed within the City of Denton's Incentive Policy. The
information serves as the basis for fiscal analysis and overall project evaluation. This evaluation is provided to
the Economic Development Partnership (EDP) board and Council Members and serves as a source document
during EDP board and City Council deliberations.
The Application and the Agreement...
Specific information from the Application (such as value of new investment and employment commitments) is
incorporated into the Incentive Agreement. In fact, the Application is an attachment to the Agreement. Since the
Agreement is a binding contract, it is important that each question on the application be answered in full and as
realistically as possible. Simply put, the application is part of the process from start to finish so you'll want to
make sure you're comfortable with the contents.
When Is The Application Final?
The answer to this question is very simple: When you tell us, "It's final." It is not uncommon for a business
entity to submit numerous Applications as drafts for informational and evaluative purposes only. As
conversations continue, the business entity will submit a finalized version of the Application that includes all of
the commitments agreed to during the discussions.
What about Confidentiality?
Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of this
application that describes the specific processes or business activities to be conducted or the equipment or other
property to be located on the property. This information is not subject to public disclosure until the incentive
agreement is executed. Section 522.131 of the Texas Government Code (Texas Public Information Act) makes
confidential information which relates to economic development negotiations between the City and a business
prospect that the City seeks to have locate, stay or expand in or near the territory of the City. The information
must relate to a trade secret of the business prospect, commercial or financial information which the business
prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive
harm to the person from whom the information was obtained or information 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
incentive being offered to the business prospect is required to be disclosed when an agreement is made with a
business prospect. The City is subject to disclosing most records and documents upon request under the Public
Information Act. Accordingly, please clearly indicate and mark any information you consider proprietary.
This would include anything in your application which you consider a trade secret, commercial or
financial information which you can demonstrate by specific factual evidence that would cause substantial
competitive harm if disclosed, information which describes the specific processes or business activities to
be conducted or the equipment or other property for which the incentive is sought, any financial or other
incentive you may be seeking from the City or any other information you deem to be confidential under
the law.
Who is Authorized To Sign the Application?
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, if an Agreement is reached, the
Application will be an attachment to the Agreement and its contents will be binding through the authorized
signature required on the Agreement.
Page 10 of 19
2014 Tax Abatement Policy Exhibit B
Incentive Application - Project Ranger One
City of Denton
Incentive Application
City of Denton
Department of Economic Development
Denton, Texas 76201
(940) 349 -7776
(940) 349 -8596 FAX
www.cityofdenton.com
A imee.Bissettgeityofdenton.com
Page 11 of 19
Exhibit B
2014 'Fax Abatement Policy Incentive Application - Project Ranger One
INCENTIVE APPLICATION
CITY OF DENTON, TEXAS
I Property Owner – Current.
Owncr is Rayzor Investments,
1"I'D
Company or Project Name –
Project Ranger (Denton- 'Tarrant
Pim, I'l,c)
Mailing Address – 262 Markel
Square – Suite A
Lake Forest. 11,
..... ......
Telephone – 224-544-5540 Fax No.
. . ....... . – — ---------- - - ..........
Website
Contact Name – Scott
Title - Manager
..............
Mailing Address – same as
above
. ..........
Telephone Fax No.
Email Address sco ...... ....�........ m ..��_..._... ..��... � ............m– ........
ll(ci kuppernianis.corn
2. Provide a chronology of plant openings, closing and relocations over the past 15 years.
3. Provide a record of mergers and financial restructuring during the past 15 years,
. . Will .......... . -- ........... . ..
4. the occupants of the project be owner or lessee? if lessee, are occupancy commitments already existing?
....... . . ....
Occupant will be the owner
Page 12 of 19
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
5. Is the project a relocation of existing facility or a new facility to expand operations? If relocation, give
current location. Proposed I'acility will constitute expanded operations.
6. If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the
existing facility will be subtracted from the value of the new facility to arrive at total project value.
7. Property Description.
Attach a copy of the legal description detailing property's metes
_ p g and bounds..
Attach map of project including ll roadways, land use and zoning ithin 500 feet of site.
_ .m... g Y .._�.... ._._._ g s'te.
8. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal
District Include both real (land and improvements) and personal property)..
9. Increased Value/Estimated Total Cost of Project.
Structures $83,000,000 Site Development $13,000,000
Personal Property $20,000,000 — Other Improvemen 21 00 ,
is $21,000,000
percent of ..... _ . .......
10. Indicate _ _....
p tax abatement and number of years requested.
Percent Requested — 100% � Years Requested - 1 U
List any other financial incentives this project will request /receive
Estimated Freeport Exemption�����
$
Estimated Electric Utility Industrial Development Rider $ Maximum subject to_....
negotiation.
Estimated Water/Wastewater Infrastructure Assistance $
Page 13 of 19
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
12. Describe any off -site infrastructure requirements:
• Water— 10,682' If extension of 16" ductile iron pipe from Airport ltd to tIS 380, within existing public
right -ot ®way for Western Blvd,
• Wastewater— Sanitary line extension ol'approximately 1,500' ol'8 PVC.' and approximately 4,900' of
15" PVC pipe., all within existing public right -ol' -way for Western Blvd.
• Streets -Two additional lanes added to the western side of the existing pavement liar Western Blvd, from
Airport Rd to Jim C'hristal Ttd, consisting ol'approximately 6,400 If of' 16 ` and 12' lanes, all within
existing public right -o( '-way lOr Western Blvd.
• Drainage — Approximately 13 drainage inlets ol'reintorced concrete pipe ranging in size from 18" to 27 ",
all v vithin existing public right- of -\vay for Western Blvd.
• Other— 1) Landscaping in connection with City standards, within Western Blvd It /W. 2} Street. &
directional signage, within Western Blvd R /W. 3) If necessary, up to 3 traffic signals at 3 local
intersections. 4) Possible extension of high pressure gas line.
13. Project Operation Phase. Provide employment information for the number of years incentive is requested.
—
......... _ ._....... .. . ....... a...........__ _.
At Project Start
Existing Date (mo /yr) At Term of
Employment Information Operation —Fall—/ 2016 Incentive
(if applicable)
A. Total number of permanent, full -time jobs N/A 165 tbd
B. Employees transferred from outside Denton
C. Net permanent full-time jobs (A. minus B.)
Page 14 of 19
2014 Tax Abatement Policy Exhibit B
Incentive Application - Project Ranger One
..........
www . ..........
& Total annoal payroll f6r all perniallent, Full-time $71M initial estimate.
F, Types ofjobs created. List lbei(A) titks 4111d 11,1111ber of posidow4 in cach category (h.,t( %-J!1 [,,,a urnployed al Ifiv
t' chitty. Provide tiverage wage Ibr cacti category, - m 11 be, provi(kuJ �,usjp,
(I Ind cate the iL)qr of shills-LIKkawk—ect WiU
Page 15 of 19
2014 Tax Abatement Policy
Exhibit B
Incentive Application - Project Ranger One
H. Estimate annual utility usage for project:
... . . .......... —
Electric 19,200,000 kWh / year
. . . ..... . . ........... "
Wastewater 12,000 gallons/day
Water 45,000 gallons/day
Gas 7,500 Cubic Feet/Hour
. ....... ..
14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or
project elements identified in Tax Abatement Policy, Section 111).
15. Is property zoned appropriately? Yes No
Current zoning. I nclustrial Center
General (IC-G)
Zoning required for proposed project. Underlying zoning allows For intended use
Anticipated variances. None
Anticipated
16. Is property platted? Yes No
. . . . ............
Will replatting be necessary Yes No
17. Discuss any environmental impacts created by the project.
..... ..... . ...
A. List any permits for which applicant must apply. Applicant will be required to provide City with copies
of all applications for environmental permits upon completion of application(s).
Preliminary Plat & Final Plat Approval.
..... . .........
B. Provide record of compliance to all environmental regulations for the past five years.
--- . . .......... ---
18, Provide specific detail of any businesses/residents that will be displaced and assistance that will be available
from the requesting company.
Page 16 of 19
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
19. Provide description of any historically significant area included within the project's area as determined by the
Historic preservation Officer. If any, give detail of how the historically significant area will be preserved.
20. Justification for Incentive Request: Substantiate and more fully describe the justification for this request.
Include the amount of the incentive requested and show how it will contribute to the financial viability of the
project. Submit attachments if necessary.
21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the
Incentive
Policy. Additional factors which would apply
to project
tbd.
Occupies building acant for at least east 2 years
Donation of materials to public schools
Project creates high-skilled, high-paying J obs
Improvements to Downtown
Significant relationship with universities
W
park
Project forms business ar
25% of new Jobs filled b Denton residents
y
national headquarters
International or q
25% local contractors to be utilized
-..
mmMedical manufacturing or research facility
e�
ge_
25% of jobs are knowledge-based
Environmental b � .. ��
Environmentally sustainable practices used
._..
Donation oof significant public art
Renewable Energy generated /stored /utilized
Community support and involvement: Attach description
evolvement
of community involvement
22. Financial Information: Attach a copy of the latest auanea tmanciai statement or, Ill nle GANG 01 G IIOW fAVJcl L,
a business plan..
23. Does the project have an eligible p ro J..... ' environmentally sustainable or renewable energy component (if so, please
identify type and provide a brief description)?
24. Applicants seeking LEED certification must complete the Green Building Application for Tax Abatement
(Exhibit B of the policy).
Page 17 of 19
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
COMPLETE THIS SECTION IF REQUESTING ADDITIONAL INCENTIVE
BASED ON LEED CERTIFICATION CONSTRUCTION
1. Property Owner
Company or Project Name
Mailing Address
Telephone Fax No.
— — - ....... . . .....
Website
Contact Name
Title
Mailing Address
Telephon e Fax No.
. . .........
Email Address
Project location address:
. ................
3. Provide documentation that the project has been registered with the U.S. Green Building Council.
— — ----- . ...... - — ---------- —
Provide a description of the project (please include the building size, number of occupants and estimated
budget).
Attach a preliminary Leadership in Energy and Environmental Design (LEED) Scorecard illustrating how
project will achieve the LEED certification.
Level of Certification:
Number of Points:
Page 18 of 19
Exhibit B
2014 Tax Abatement Policy Incentive Application - Project Ranger One
This Incentive Application is submitted with the acknowledgement that additional information may be required.
Authorized Signature
Page 19 of 19
Exhibit C
TIRZ 2 Project Plan
PROJECT PLAN
Prepared October 2012
Finalized May 2014
Tax Increment Reinvestment Zone No. 2
City of Denton, Texas
SCHRADER & CLINE, LLC
George R. Schrader Larry D. Cline
4800 Broadway, Ste A Addison, TX 75001
972 - 661 -1973 schch(iOwbell.net
October 2012
Exhibit C
TIRZ 2 Project Plan
The City of Denton, Texas proposes to establish a Tax Increment Reinvestment Zone
( "TIRZ ") for the purpose of dedicating the increase in tax revenue generated within the TIRZ to
provide funds for public infrastructure to encourage accelerated development in the largest
industrially zoned area within the City. The TIRZ consists of approximately 800 acres and is
more fully described in Project Plan Exhibit A.
The City is creating this TIRZ to encourage accelerated development in this area of the
City in an effort to stimulate new higher value, industrial development which would benefit and
be incentivized from the proposed public infrastructure improvements. It is expected that the
TIRZ will exist for twenty (25) years or the date when all project costs are paid, whichever
comes first.
As set forth in Section 311.011 of the Tax Increment Financing Act of the Texas Tax Code
Ann., the Project Plan for Tax Increment Reinvestment Zone No. 2, Denton, Texas must and
does include the following elements:
1. A map showing existing uses and conditions of real property in the TIRZ and a map
showing proposed improvements to and proposed use of the property.
■ The boundaries of the TIRZ are shown on the map labeled Project Plan Exhibit: B;
■ Project Plan Exhibit: C shows existing land use within the TIRZ. Currently, the
area is an industrial park that is generally undeveloped. Residential and multi-
family development are not included in the list of eligible projects and TIRZ
funds will not be used to reimburse the costs associated with any residential or
multi - family development.
• Project Plan Exhibit: DI lists and defines the public improvements being
proposed for the TIRZ;
• Project Plan Exhibit: D2 illustrates the major public improvements being
proposed in the TIRZ.
■ Project Plan Exhibit: E shows anticipated Future Land Use within the TIRZ.
Exhibit C
TIRZ 2 Project Plan
2. Proposed changes of zoning ordinances, the master plan of the municipality, building
codes, and other municipal ordinances.
■ Any changes to codes, ordinances, or master plan as a result of the creation of
the TIRZ will be made through the standard process and procedures of the
City.
3. A list of estimated non - project costs.
■ Non - project costs within the TIRZ are those infrastructure costs not paid for
by the TIRZ. These costs will include, but are not limited to streets, utilities
and drainage associated with residential and multi - family development.
4. A statement of a method of relocating persons to be displaced as a result of
implementing the plan.
■ Although not anticipated, in the process of developing the TIRZ, any
relocation will be made through the standard process and procedures of the
City.
Exhibit C
TIRZ 2 Project Plan
Boundary Description
EXHIBIT A
TRACT No.1
BEGINNING at the southwest corner of the 9.27 acre T. Toby, Tract 4 and the north right -of-
way line of Airport Road, the POINT OF BEGINNING;
THENCE, north along the west boundary of the 9.27 acre T. Toby, Tract 4 to its northwest
corner and the southwest boundary of the 41.629 acre T. Toby, Tract 3 (Denton Municipal
Airport);
THENCE, northwest along the southwest boundary of the 41.629 acre T. Toby, Tract 3 (Denton
Municipal Airport) to its southwest corner and the east right -of -way of Sabre Road;
THENCE, northwesterly along the east right -of -way of Sabre Road and the westerly boundary of
the 41.629 acre T. Toby, Tract 3 (Denton Municipal Airport) and the 66.946 acre T. Toby, Tract
2 to the northwest corner of the 66.946 acre T. Toby, Tract 2;
THENCE, east along the north boundary of the 66.946 acre T. Toby, Tract 2 to the southwest
corner of the 148.5803 acre J. Scott, Tract 1;
THENCE, north along the west boundary of the 148.5803 acre J. Scott, Tract 1 to its northwest
corner and the south right -of -way of Jim Christal Road;
THENCE, east along the north boundary of the 148.5803 acre J. Scott, Tract 1 to its northeast
corner and the west right -of -way of Western Blvd.;
THENCE, due east across Western Blvd. to its east right -of -way and the northwest corner of the
20.7207 acre J. Bacon, Tract 1;
THENCE, east along the south right -of -way of Jim Christal Road and the north boundaries of the
20.7207 acre J. Bacon, Tract 1 and the 173.055 acre West Park Addition, Phase 2, Block A, Lot
2a to the southwest corner of the 24.9953 acre B.b.b, Tract 15 -17;
THENCE, north along the west boundaries of the 24.9953 acre B.b.b., Tract 15 -17, the 39.999
acre B.b.b., Tract 18 and the 10 acre B.b.b, Tract 21a to the northwest corner of the 10 acre
B.b.b, Tract 21a;
THENCE, east and south along the north and east boundary of the 10 acre B.b.b, Tract 2 1 a to its
southeast corner and the north boundary of the 39.999 acre B.b.b, Tract 18;
THENCE, east along the north boundary of the 39.999 acre B.b.b., Tract 18 to its northeast
corner and the west boundary of the 43.3069 acre B.b.b, Tract 12 -14;
THENCE, north along the west boundaries of the 43.3069 acre B.b.b, Tract 12 -14 and the
19.5738 acre B.b.b, Tract 11 to the northwest corner of the 19.5738 acre B.b.b, Tract 11 and the
south right -of -way of US Highway 380;
Exhibit C
TIRZ 2 Project Plan
THENCE, east along the north boundary of the 19.5738 acre B.b.b., Tract 11 and the south right -
of -way of US Highway 380 to the northeast corner of the 19.5738 acre B.b.b, Tract 11;
THENCE, southeasterly along the east boundaries of the 19.5 73 8 acre B.b.b, Tract 11 and the
43.3069 acre B.b.b, Tract 12 -14, continuing westerly along the south boundary of the 43.3069
acre B.b.b, Tract 12 -14 to its southwest corner and the southeast corner of the 39.999 acre B.b.b,
Tract 18;
THENCE; west along the south boundary of the 39.999 acre B.b.b, Tract 18 to the northeast
corner of the 24.9953 acre B.b.b., Tract 15 -17;
THENCE, south along the east boundary of the 24.9953 acre B.b.b., Tract 15 -17 to its southeast
corner and the north right -of -way of Jim Christal Road;
THENCE, easterly along the north right -of -way of Jim Christal Road to the northwest corner of
the 16.3051 acre J. Perry, Tract la;
THENCE, northeasterly, south, east, north and east along the north boundary of the 16.3051 acre
J. Perry, Tract 1 a to its northeast corner;
Thence, south along the east boundary of the 16.3051 acre J. Perry, Tract la to the northwest
corner of the 18.3427 acre E. Puchalshi, Tract 295;
THENCE, east along the north boundary of the 18.3427 acre E. Puchalski, Tract 295 to its
northeast corner;
THENCE, southeasterly along the east boundaries of the 18.3427 acre E. Puchalski, Tract 295
and the 10.347 acre E. Puchalski, Tract 295a to its southeast corner and the northeast corner of
the 31.0 acre E. Puchalski, Tract 296;
THENCE, southeasterly, west and south along the east boundary of the 31.0 acre E. Puchalski,
Tract 296 to its southeast corner and the north boundary of the north part of the 31.305 acre E.
Puchalski, Tracts 527, 528, and 529;
THENCE, east along the north boundary of the north part of the 31.305 acre E. Puchalski, Tracts
527, 528, and 529 to its northeast corner;
Thence, southwesterly along the east boundary and west along the south boundary of the north
part of the 31.305 acre E. Puchalski, Tracts 527, 528, and 529 to the east right -of -way of
Precision Road;
THENCE, west across Precision Road to its west right -of -way and the southeast corner of the
173.055 acre West Park Addition, Phase 2, Block A, Lot 2a;
THENCE, west along the south boundary of the 173.055 acre West Park Addition, Phase 2,
Block A, Lot 2a to the northeast corner of the 5.922 acre West Park Addition, Phase 2, Block A,
Lot 3;
Exhibit C
TIRZ 2 Project Plan
THENCE, south and west along the east and south boundary of the 5.922 acre West Park
Addition, Phase 2, Block A, Lot 3, continuing west along the south boundary of the 6.889 acre
R. D. Wells Interchange, Block 1, Lot 1 (City of Denton) to the east boundary of the 173.055
acre West Park Addition, Phase 2, Block A, Lot 2a;
THENCE, south along the east boundary of the 173.055 acre West Park Addition, Phase 2,
Block A, Lot 2a to its southeast corner and the north right -of -way of Airport Road;
THENCE, west along the north right -of -way of Airport Road and the south boundary of the
173.055 acre West Park Addition, Phase 2, Block A, Lot 2a to its southwest corner and the east
right -of -way of Western Blvd.;
THENCE, west across Western Blvd. to its west right -of -way and the southeast corner of the
66.946 acre T. Toby, Tract 2;
THENCE, west along the north right -of -way of Airport Road and the south boundaries of the
66.946 acre T. Toby, Tract 2, the 41.629 acre T. Toby, Tract 3 (Denton Municipal Airport) and
the 9.27 acre T. Toby, Tract 4 and the POINT OF BEGINNING.
TRACT No. 2
The entire south part of the 31.305 acre E. Puchalski; Tract 527, 528, and 529.
TRACT No.1 and TRACT No. 2 contain a total of approximately 848.8 acres of which
approximately 48.5 acres are municipally owned.
Exhibit C
TIRZ 2 Project Plan
TIRZ Boundary
Exhibit B: Westpark TIRZ
- ` C' 1 JI,M CHRI
j
AIRP ',RT
This map is a graphic representation prepared by the City of
Denton and is intended for use only as a reference. Data
depicted is not guaranteed for accuracy and may be subject
to revision at any time without notification. A Registered
Surveyor For the State of Texas was not consulted. For
Survey level accuracy, supervision and certification of the
produced data by a Registered Professional Land Surveyor
for the State of Texas would need to be performed.
0 412.5825 1,650 2,475 3,300
Feet
EXHIBIT B
z
O
W
a
i
j
AIRP ',RT
This map is a graphic representation prepared by the City of
Denton and is intended for use only as a reference. Data
depicted is not guaranteed for accuracy and may be subject
to revision at any time without notification. A Registered
Surveyor For the State of Texas was not consulted. For
Survey level accuracy, supervision and certification of the
produced data by a Registered Professional Land Surveyor
for the State of Texas would need to be performed.
0 412.5825 1,650 2,475 3,300
Feet
EXHIBIT B
z
O
W
a
Exhibit C
TIRZ 2 Project Plan
EXHIBIT C
Existing Land Use
Exhibit C: Westpark TIRZ Existing Land Use
sM*
This map is a graphic representation prepared by the City of
Denton and is intended for use only as a reference Data
depicted is not guaranteed for accuracy and may be subject
to revision at any time without notification. A Registered
Surveyor for the State of Texas was not consulted For
Survey level accuracy, supervision and certification of the
produced data by a Registered Professional Land Surveyor
for the State of Texas would need to be performed.
0 412.5825 1,650 2,475 3,300
°— Feet
z
0
U)
U
W
a
Legend
TIRZ Boundary
Property Description
Government
1 Real Acreage Rangeland
r Cornrneucial Vacant Lot �
.�
ti ts " "t(
Real Farmhouse
Exhibit C
TIRZ 2 Project Plan
Project Plan
EXHIBIT D1
.....
PROJECT ESTIMATED COST
Street Improvements and Traffic Signals $6,000,000
Utility / Drainage Improvements $5,000,000
Landscaping, Irrigation, and Entry $500,000
Monuments
Engineering /Architecture and other soft $1,500,000
costs
_. .......... ... .....
.m.
Support for Industrial Projects $1,275,430
..._� . TOTAL ..._ ....... _.. $1.4'...... .......
275,430
Project Definitions
Street Improvements and Traffic Signals: includes the construction and reconstruction of
paving improvements capable of handling heavy truck traffic and that provide common turning
radius for semi trailers and may consist of, but are not limited to, primary and secondary major
arterial thoroughfares and collector streets that will provide improved access within the industrial
park, to State highways, and Interstate 35. Also includes all traffic signals required by the City of
Denton or Texas Department of Transportation.
Utilities and Drainage: includes the extension of water and wastewater lines along the right -of-
ways of the streets within the District. Water and wastewater lines will be built to adequately
accommodate the District at build -out and its anticipated industrial users. A number of properties
in the district are situated in the floodplain. Adequate stormwater drainage will be built to
accommodate the maximum use of the land and comply with the drainage standards in the
Denton Development Code.
Landscaping Irrigation, and Entry Monuments: includes all landscaping and irrigation required
to meet City Code and includes entry monuments for Western Blvd and Jim Christal Rd.
Engineering /Architecture, and other soft costs: professional services necessary to cause and
support all described infrastructure improvements.
Industrial Projects: may include grants, loans and services for public and private development.
Eligible TIRZ project costs are not limited to public uses and may also include projects that
stimulate economic development. Chapter 380 of the Local Government Code grants
municipalities in Texas the authority to offer grants and loans of public funds to stimulate
economic development.
Exhibit C
TIRZ 2 Project Plan
EXHIBIT D2
Project Plan Projects
Exhibit D2: Westpark TIRZ Projects
J A 11 A - - d R
JIM CHRISTAL
0\
.1 - Legema
This map is . graphic representation prepared by the City of TIRZ Boundary
Denton and is intended for use only as a reference Data
depicted is not guaranteed for accuracy and may be subWot
to revision at any time without notification A Registered Future Road or Planned Expansion
Surveyor for the State of Texas was not consulted For
Survey level accuracy, supervision and certification of ffic
produced data by a Registered Professional Land Surveyor Existing Rd. not to Standards
for the State of Texas would need to be performed. Proposed improvements
0 445 890 1,780 2.670 3,560 DENTON
M ..... _.... Feet ------- _ ........ .. . ....... ___- _--
0
....... .....
4
UJ
.........
. .
.1 - Legema
This map is . graphic representation prepared by the City of TIRZ Boundary
Denton and is intended for use only as a reference Data
depicted is not guaranteed for accuracy and may be subWot
to revision at any time without notification A Registered Future Road or Planned Expansion
Surveyor for the State of Texas was not consulted For
Survey level accuracy, supervision and certification of ffic
produced data by a Registered Professional Land Surveyor Existing Rd. not to Standards
for the State of Texas would need to be performed. Proposed improvements
0 445 890 1,780 2.670 3,560 DENTON
M ..... _.... Feet ------- _ ........ .. . ....... ___- _--
Exhibit C
TIRZ 2 Project Plan
EXHIBIT E
Future Land Use
Exhibit E: Westpark TIRZ Future Land Use
This map is a graphic representation prepared by the City of
Denton and is intended for use only as a reference. Data
depicted is not guaranteed for accuracy and may be subject
to revision at any time without notification. A Registered
Surveyor for the State of Texas was not consulted. For
Survey level accuracy, supervision and certification of the
produced data by a Registered Professional Land Surveyor
for the State of Texas would need to be performed.
Exhibit D
Public Improvements
PHASE 1- WESTERN IMPROVEMENTS
PROJECT ARMSTRONG KidepMorn
OPINION OF PROBABLE CONSTRUCTION COST
FEBRUARY 2015
PROJECT DESCRIPTION
KIMLEY -HORN OPCC
TIRZ
PAVING
$ 1,798,000
$ 1,542,229
STORM DRAINAGE
$ 220,000
$ 85,173
SANITARY SEWER
$ 865,000
$ 307,930
WATER
$ 2,070,000
$ 1,387,570
SUBTOTAL
$ 4,953,000
$ 3,322,902
TRAFFIC SIGNALS
$
$ 320,000
LANDSCAPING /IRRIGATION
$
$ 80,000
ENTRY MONUNMENT
$
$ 50,000
ADDITIONAL DRAINAGE IMPROVEMENTS
$
$ 350,000
GAS
$
$ 50,000
TOTAL HARD COSTS
$ 4,953,000
$ 4,172,902
NOTES
1) NO CONTINGENCY OR ENGINEERING INCLUDED IN PROJECT ESTIMATES SHOWN ABOVE
2) ALL OPINIONS OF PROBABLE CONSTRUCTION COST BASED ON DESIGN BY OTHERS
3) TIRZ PROJECT ESTIMATES OBTAINED FROM "EXHIBIT H -1: COST SCHEDULE FOR PHASE 1 ", (MAY 2014, BY WESTRAY GROUP, LP)
4) ITEMS NOT HIGHLIGHTED WERE NOT ACCOMPANIED BY A DESIGN, THEREFORE, WERE NOT EVALUATED AS PART OF THE KIMLEY -HORN OPCC
5) VARIANCE IN UNIT PRICING FOR THE FOLLOWING ITEMS HAS THE GREATEST INFLUENCE ON THE OPCC PROVIDED:
• 12" THICK REINF CONC PAVEMENT
• 16" DI WATER PIPE
• 12" AND 15" PVC SANITARY SEWER PIPE
Page 1 of 4
Exhibit D
Public Improvements
PHASE 1- WESTERN IMPROVEMENTS
PROJECT ARMSTRONG
OPINION OF PROBABLE CONSTRUCTION COST
FEBRUARY 2015
TRAFFIC CONTROL PLAN
DESCRIPTION
MAINTENANCE AND CONTROL OF TRAFFIC
UNIT OF PLAN UNIT
MEASURE QUANTITY PRICE AMOUNT
LS 1 $ 10,000 $ 10,000
TOTAL TRAFFIC CONTROL $ 10,000
REMOVAL
UNIT OF
PLAN
UNIT
DESCRIPTION
MEASURE
QUANTITY
PRICE
AMOUNT
REMOVING CONC (PAV)
SY
42
$
11.00
$
462
REMOVE ASPHALT CONC. PAVEMENT
SY
39
$
10.00
$
390
REMOVE AND REPLACE CONC. (DRIVEWAY)
SY
11
$
25.00
$
275
REMOVE AND REPLACE ASPHALT /GRAVEL (DRIVEWAY)
SY
74
$
25.00
$
1,850
REMOVE CONC CURB
LF
201
$
5.00
$1
1,005
REMOVE THERMOPLASTIC (4" W)
LF
12,386
$
0.50
$
6,193
REMOVE AND REPLACE FENCE
LF
3,930
$
21.79
$
85,635
REMOVE RCP
LF
124
$
15.00
$
1,860
TOTAL REMOVAL
$
98,000
PAVING
UNIT OF
PLAN
UNIT
DESCRIPTION
MEASURE
QUANTITY
PRICE
AMOUNT
CLEARING AND GRUBBING FOR ROAD ONLY
LS
1
$
75,000
$
75,000
UNCLASSIFIED STREET EXCAVATION
CY
9,174
$
8.00
$
73,392
EARTH BORROW
CY
8,252
$1
10.50
$
86,646
12" THICK REINF CONC PAVEMENT
SY
20,132
$
60.00
$
1,207,896
6" HIGH CONCRETE MONOLITHIC CURB
LF
6,272
$
2.50
$
1
15,680
6" LIME STABILIZED SUBGRADE
SY
21,138
$
7.00
$
147,967
5" PERMEABLE BASE COURSE
SY
21,138
$
2.00
$
42,276
RETAINING WALL
SF
325
LL
L___50.00
$
16,250
TOTAL PAVING
$
1,666,000
STRIPING AND SIGNING
UNIT OF
PLAN
UNIT
DESCRIPTION
MEASURE
QUANTITY
PRICE
AMOUNT
4 -IN THERMOPLASTIC LANE MARKER (W)
LF
3,099
$
1.00 -
$1
3,099
4 -IN THERMOPLASTIC LANE MARKER (Y)
LF
12,869
$
1.00
$
12,869
8 -IN THERMOPLASTIC LANE MARKER
LF
300
$
2.00
$
600
24 -IN THERMO STOP LANE MARKER
LF
120
$
7.00
$
840
PROC & INSTALL STREET SIGN POST
EA
15
$
350
$
5,250
RELOCATE EXISTING SIGN ON NEW SIGN POST ASSEMBLY
EA
4
$
300
$
1,200
TYPE 1 PAVEMENT MARKING -ARROW
EA
1
1 $ f
120
$
120
TOTAL
STRIPING AND SIGNING
$
24,000
PAVING
TOTAL:
$
1,798,000
Page 2 of 4
Exhibit D
Public Improvements
PHASE 1- WESTERN IMPROVEMENTS
PROJECT ARMSTRONG Kim I ey))) H o r n
OPINION OF PROBABLE CONSTRUCTION COST
FEBRUARY 2015
SWPPP
SANITARY SEWER
UNIT OF
UNIT OF
PLAN
UNIT
UNIT
DESCRIPTION
MEASURE
DESCRIPTION
MEASURE
QUANTITY
AMOUNT
PRICE
EA
4
AMOUNT
SWPPP
$1
EA
1
$
5,000
$
$
$
5,000
CONSTRUCTION ENTRANCE /EXIT (50X20)
EA
SY
222
$
15.00
10,000
$
LF
3,333
CONCRETE WASHOUT
55.00
EA
1
$
1,000
5,185
$
70.00
1,000
GEOTEXTILE SILT FENCING
15" PVC WASTEWATER PIPE
LF
16,746
$
1.50
$1
$
6" CONCRETE ENCASEMENT
25,119
ROCK FILTER DAM
$
LF
14
$
20.00
LF
$
$
280
CURB INLET PROTECTION
50,000
LF
583
$
10.00
200
$
4,200
5,830
LF
14,930
$
2.00
TOTAL SWPPP
$
41,000
DRAINAGE
7,611
$
2.00
$
15,223
CONNECT TO EXISTING
EA
2
UNIT OF
PLAN
1 $1
UNIT
TOTAL
DESCRIPTION
SANITARY SEWER
MEASURE
QUANTITY
PRICE
AMOUNT
I18 IN CLASS III REINF CONC PIPE
LF
166
$
55.00
$
9,117
21 IN CLASS III REINF CONC PIPE
LF
358
$
65.00
$
23,272
24 IN CLASS III REINF CONC PIPE
LF
211
$
75.00
$
15,855
27 IN CLASS III REINF CONC PIPE
LF
247
$
90.00
$
22,196
10 FOOT RECESSED INLET
EA
4
$
3,500
$
14,000
20 FOOT RECESSED INLET
EA
10
$
7,000
$
70,000
RCP WYE OR PIPE TO PIPE CONN
EA
4
$
500
$
2,000
PIPE TO STRUCTURE CONNECTION
EA
10
$
1,000
$1
10,000
STRUCTURE TO PIPE CONNECTION
EA
14
$
500
$
7,000
HEADWALL AND APRON (FW -0)
EA
1
$
5,000
$
5,000
TOTAL DRAINAGE
$
179,000
DRAINAGE TOTAL:
$
220,000
SANITARY SEWER
SANITARY SEWER TOTAL: $ 865,000
Page 3 of 4
UNIT OF
PLAN
UNIT
DESCRIPTION
MEASURE
QUANTITY
PRICE
AMOUNT
SANITARY SEWER LATERAL (TO BE INSTALLED WITH FLUSH POIN11
EA
4
$
1,400
$1
5,600
SANITARY SEWER MANHOLE
EA
20
$
8,000
$
160,000
SANITARY SEWER DROP MANHOLE
EA
1
$
10,000
$
10,000
6" PVC SANITARY SEWER PIPE
LF
146
$
55.00
$
8,052
12" PVC WASTEWATER PIPE
LF
5,185
$
70.00
$
362,950
15" PVC WASTEWATER PIPE
LF
2,280
$
85.00
$1
193,800
6" CONCRETE ENCASEMENT
LF
140
$
150
$1
21,000
24" STEEL CASING
LF
200
$
250
$
50,000
VACUUM TEST SANITARY SEWER MANHOLE
EA
21
$
200
$
4,200
TELEVISION INSPECTION
LF
14,930
$
2.00
$
29,860
TRENCH SAFETY AND SUPPORT
LF
7,611
$
2.00
$
15,223
CONNECT TO EXISTING
EA
2
$
2,000
1 $1
4,000
TOTAL
SANITARY SEWER
$
865,000
SANITARY SEWER TOTAL: $ 865,000
Page 3 of 4
Exhibit D
Public Improvements
PHASE 1- WESTERN IMPROVEMENTS
PROJECT ARMSTRONG KidepMorn
OPINION OF PROBABLE CONSTRUCTION COST
FEBRUARY 2015
WATER
UNIT OF
PLAN
UNIT
[DESCRIPTION
MEASURE
QUANTITY
PRICE
AMOUNT
6" DI WATER PIPE
LF
217
$
90.00
$
19,530
12" PVC WATER PIPE
LF
278
$
75.00
$
20,850
16" DI WATER PIPE
LF
10,436
$
150
$
1,565,388
CONNECT TO EXISTING WATER LINE
EA
2
$
2,000
$
4,000
CAST IRON FITTINGS
TN
11
$
5,000
$
56,875
INSTALL FIRE HYDRANT
EA
35
$
3,500
$
122,500
AIR RELEASE VALVE
EA
4
$
10,000
$
40,000
BLOWOFF VALVE ASSEMBLY
EA
3
$
3,000
$
9,000
6" GATE VALVE
EA
35
$
1,000
$
35,000
12" GATE VALVE
EA
3
$
2,500
$
7,500
16" GATE VALVE
EA
12
$
8,000
$
96,000
24" STEEL CASING
LF
282
$
250
$
70,500
TRENCH SAFETY AND SUPPORT
LF
10,931
$
L----LOO----J
$
21,862
TOTAL WATER
$ 2,070,000
WATER TOTAL:
$ 2,070,000
Page 4 of 4
Exhibit E
Resolution 91 -008
RESOLUTION NO. Y�9 / �09
A RESOLUTION APPROVING THE INFRASTRUCTURE FINANCING POLICY;
REPEALING R89 -019; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton Development Plan adopted by the City of
Denton contains policies providing for the expenditure of public
funds to encourage balanced growth an economic development; and
WHEREAS, in furtherance of those policies, the 1991 -1995
Capital Improvement Plan approved by the City Council proposes to
allocate $500,000 each year to fund Water and Sewer Line
Infrastructure Financing to carry out the balanced growth and
economic policies of the Denton Development Plan; and
WHEREAS, the Public Utilities Board and Planning and Zoning
Commission have considered and recommended adoption of amendments
to the existing Infrastructure Financing Policy; NOW, THEREFORE;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the Infrastructure Financing Policy,
attached hereto as Exhibit I, is approved.
SECTION II. That Resolution No. R89 -019, adopted on March
7, 1989, approving the Guidelines for Funding and Selecting
Development Plan Candidate Water and Sewer Lines, is repealed.
SECTION III. That this resolution shall become effective
immediately upon its passage and �Fday 1.
PASSED AND APPROVED this the
of
_
BOB "ASTBEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Exhibit E
Resolution 91 -000
INFRASTRUCTURE FINANCING POLICY
Fundina Polic
The City of Denton Utilities Department policy is to facilitate
local economic growth through a program of Infrastructure
Financing.
During its annual review of the Utility Department's Capital
Improvements Plan (CIP) , the Public Utilities Board shall consider
the allocation of up to $500,000 annually to finance the
construction of infrastructure water or sewer lines. This
allocation shall consist of $250,000 from the Water CIP and
$250,000 from the Wastewater CIP.
That portion of each annual allocation that remains unobligated at
close of the fiscal year shall carry forward into the following
fiscal year. However, the cumulative total of said unobligated
annual allocations shall not exceed $2 million at any time.
Selection Polic
Infrastructure Financing shall be provided only to:
1) Industrial prospects which have committed to
building facilities in Denton.
2) Commercial /retail prospects which have
committed to building facilities in Denton and
which:
a) sell a majority of their goods or
services to individuals or businesses
outside of Denton, or
b) manufacture goods for consumption in
Denton which were previously
manufactured outside of Denton.
3) Prospects which have committed to building
corporate headquarters facilities in Denton.
All requests for Infrastructure FinancLng shall be subject
to the economic analysis detailed in this Policy. This
analysis shall determine project costs and benefits over a
five year period. Infrastructure Financing may be allocated
only if project benefits are equal to or exceed project
costs.
Exhibit E
Resolution 91 -008
For purposes of the economic analysis:
Project costs shall consist of 100% of':
Debt service associated with the: subject utility
line's construction, and
Return on investment associated with the
completed subject utility line
Project benefits shall consist of 25% of:
Revenue from ad valorem tax on prospect's
local property, plant and equipment
Revenue from sales tax on prospect's products
and services sold by the Denton facility
Revenue from sales tax on local purchases by
the Denton - resident labor force generated by
prospect's locating in Denton
and 100% of:
Revenue from sales tax on prospect's local
purchase of its facility's construction
materials
Revenue from that portion of the prospect's
local consumption of Denton utilities that is
contributed toward the return on investment
Funding of projects shall be granted based on the date of
submission of application; i.e., first come, first served.
Lines under consideration shall begin at an existing City
main line and end at the edge of the prospect's property
which is closest to the existing main and which is
technically feasible.
The funding recommendation shall state funding limits for
the total project and its construction components as well
as a time limit on the funding commitment.
Funds shall be disbursed to the prospect or the prospect's
designee only:
1) upon presentation of a Certificate of occupancy
for the prospect's Denton facility, or
2) in intermittent payments as construction of the
subject utility line progresses
Page 2
Exhibit E
Resolution 91 -006
Unencumbered project funds shall be returned to the
Infrastructure Financing accounts.
Application Process
Step 1
Infrastructure Financing applications shall be available
from the City's Economic Development Office. This Office
shall:
. provide prospect with economic assistance information
provide prospect with an application form and assist
with its completion
. notify affected Departments of prospect's application
coordinate the prospect's access to City Departments
. prepare an economic assistance package for the prospect
Step 2
completed applications shall be returned to the Economic
Development Office which shall forward a copy of the
prospect's completed application to:
Planning Department for preparation of a land use
analysis; and the
Utilities Department for preparation of a five year
economic analysis, and technical and cost assessment of
providing utility service to the prospect.
Step 3
The Public Utilities Board shall review the prospect's
application, the technical issues of providing utility
service to the prospect, the completed economic analysis
and forward a recommendation for funding consideration to
the Planning and Zoning Commission.
Such recommendation may support the prospect's request for
an exemption from those provisions of the Sub - Division
Ordinance regarding the extension of utility lines.
Step 4
The Planning and Zoning Commission shall review the
prospect's application, a completed land use analysis, the
economic analysis, and the Public Utilities Board's
recommendation and forward both the Board's and its own
recommendation to the City Council.
Page 3
Exhibit E
Resolution 91 -008 Page 1
ADMINISTRATIVE POLICY / PROCEDURE
As expressed by the Denton Development Plan which was
adopted by the Denton City Council on. September 5, 1989, the
major goals of the City's economic development policy are as
follows: —
- to strengthen and diversify the urban economic
base
- to create a wide range of employment
opportunities
- to expand the City's tax, base
These goals will be accomplished principally through
municipal efforts to:
- attract basic industries to Denton
- encourage basic industries already in Denton to
expand locally.
The City o%: 'Denton UtAlities Department policy is to support
the city Council's economic development goals and efforts by
offering basic industries economic incentives, 'principal
among which is the Infrastructure Financing Program. This
Program will lower a basic industry's total cost of locating
to or expanding in Denton by allowing the City to absorb
part of the cost to construct the following types of water
and sewer mains:
- those water and sewer mains which are necessary
to serve the new or expanded basic industry
- those water and sewer mains which are required
by the City's subdivision ordinance.
Funding Policy
During its review of the Utility Department's Capital
Improvements Plan (CIP), the Public Utilities Board shall
consider the allocation of up to $500,000 annually to fund
the Infrastructure Financing Program. This allocation shall
consist of $250,000 from the Water Department's CIP and
$250,000 from the Wastewater Department's CIP.
Exhibit E
P —i.,fi ol_nna
AUMIN15 I KA I WL fIJLi�-Y / VKUC -LUUKL
Page-2
After such consideration, the Public Utilities Board shall
make an Infrastructure Financing Program funding
recommendation to the City Council and the City Council
shall determine the Program's conditions and funding level.
That portion of each annual Infrastructure Financing Program
allocation which remains unobligated at the close of the
fiscal year shall be transferred to the Fund Balance and may
be reallocated for Infrastructure Financing in the following
year's budget. However, the total of said unobligated annual
allocation shall not exceed $2 million at any time.
During its consideration of annual Infrastructure Financing
Program funding, the Public Utilities Board shall evaluate
the Program's results and report that. evaluation to the City
Council.
selection Policy
(A) Infrastructure Financing shall bey provided only to:
1) industrial prospects which have committed to building
facilities in Denton
2) commercial /retail prospects which have committed to
building facilities in Denton and which:
a) sell a majority of their goods or services to
individuals or businesses outside of Denton,
and /or
b) manufacture goods for consumption in Denton which
were previously manufactured outside of Denton
3) Corporate headquarters prospects which have committed
to building facilities in Denton
(B) All requests for Infrastructure Financing shall be
subject to the economic analysis detailed in this
Policy. This analysis shall determine the subject
utility line's construction benefits and cost over a
five year period.
Infrastructure Financing may be available only if the
benefits of the line's construction are equal to or
exceed the cost of the line's construction.
Exhibit E
AD. tINISTRA°iITT POL,,:Y / PROCEDURE
Page 3
(C) For purposes of the economic analysis:
1) Construction costs shall consist of 100% of:
a) debt service associated with the subject utility
line's construction, and
b) return on investment associated with the completed
subject utility line.
2) Construction benefits shall consist of 25% of:
a) revenue from ad valorum tax: on prospect's local
property, plant and equipment,
b) revenue from sales tax on prospect's products and
services sold by the Denton facility, J
c) revenue from sales tax on local purchases by the
Denton - resident labor force generated by
prospect's locating in Denton.
and 100% of:
d) revenue from sales tax on prospect's local purchase
of its facility's construction materials, and
e) revenue from that portion of the prospect's local
consumption of Denton utilities that is contributed
toward the return on investment.
(D) Funding of prospects shall be based on their dates of
application; i.e., first come, first served.
(E) Lines under consideration shall begin at an existing
City main line and end at the closest technically
feasible edge of the prospect's property.
(F) The funding recommendation shall state funding limits
for the total project and its construction components as
well as a time limit on the funding committment.
Exhibit E
ALMINISTR'ATIVE POLICY / PROCEDURE
Page 4
(G) Funds shall be disbursed to the prospect or the
prospect's designee only as follows:
1) upon presentation of a Certificate of Occupancy for
the prospect's Denton facility,, or
2) in intermittment payments as construction of the
subject utility line progresses.
(H) Unobligated project funds shall be returned to the
Infrastructure Financing Program account.
Application Process
Step 1
Infrastructure Financing applications shall be available
from the City's Economic Development Office. This Office
shall:
provide prospect with economic assistance information
provide prospect with an application form and assist
with its completion
notify affected Departments of prospect's application
coordinate the prospect's access to City Departments
prepare an economic assistance package for the prospect
Step 2
Completed applications shall be returned to the Economic
Development Office which shall forward a copy of the
prospect's completed application to:
. Planning Department - prepares land use analysis
Utilities Department - prepares five year economic
analysis, and technical and cost. assessment of
providing utility service to the prospect
Step 3
The Public Utilities Board shall review the prospect's
application, the technical issues of providing utility
service to the prospect, a completed economic analysis and
forward a recommendation for funding consideration to the
Planning and Zoning Commission.
Such recommendation may support the prospect's request for
an exemption from those provisions of the Sub - Division
Ordinance regarding the extension of utility lines.
ADi,dNISTRATY'VE' P('Li,,:Y / PROCEDURE
Step 4 Page 5
The Planning and Zoning Commission shall review the
prospect's application, a completed land use analysis, the
economic analysis, and the Public Utilities Board's
recommendation and forward both the Board's and its own
recommendation to the City Council.
CLPOLICY.DOC
VcodadldepartmentAlegaRour documenMordinanceAMecodevo westpark tirz,doc
Exhibit F
TIRZ 2 Creation Ordinance
ORDINANCE NO. 2012 -366
AN ORDINANCE DESIGNATING AND DESCRIBING THE BOUNDARIES OF A TAX
INCREMENT REINVESTMENT ZONE TWO FOR AN INDUSTRIAL DISTRICT OF
DENTON, TEXAS; ESTABLISHING THE DURATION OF THE ZONE; ESTABLISHING A
TAX INCREMENT FUND; ESTABLISHING' A BOARD OF DIRECTORS FOR THE TAX
INCREMENT REINVESTMENT ZONE; MAKING CERTAIN FINDINGS AND OTHER
MATTERS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, (the "City "), desires to
promote the development of an industrial area within the City of Denton by the creation of a Tax
Increment Financing Reinvestment Zone, as authorized by the Tax Increment Financing Act,
Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act "); and
WHEREAS, the City has called a public hearing to hear the public comments on the
creation of the proposed Tax Increment Reinvestment Zone and its benefits to the City and the
property in the proposed Tax Increment Reinvestment Zone; and
WHEREAS, notice of such public hearing was published in the Denton Record -
Chronicle, a daily paper of general circulation in the City, such publication date being not later
than seven (7) days prior to the date of the public hearing; and
WHEREAS, such hearing was convened at the time and place mentioned in the published
notice, on the 18b day of December 2012, at 6:30 p.m., in Council Chambers of the City of
Denton, Texas; and
WHEREAS, the City, at such hearing, invited any interested person, or his /her
representative, to appear and speak for or against the creation of the Tax Increment Reinvestment
Zone the duration of the Tax Increment Reinvestment Zone, the boundaries of the proposed Tax
Increment Reinvestment Zone, whether all or part of the territory which is described in Exhibit
"A" attached hereto and depicted on the map attached hereto as Exhibit `B" should be included
in such proposed Tax Increment Reinvestment Zone, the concept of tax increment financing and
the appointment of a board of directors of the proposed Tax Increment Reinvestment Zone; and
WHEREAS, all owners of property located within the proposed Tax Increment
Reinvestment Zone and all other taxing units and other interested persons were given a
reasonable opportunity at such public hearing to protest the creation of the proposed Tax
Increment Reinvestment Zone and \or the inclusion of their property in such; Tax Increment
Reinvestment Zone; and
WHEREAS, the proponents of the Tax Increment Reinvestment Zone offered evidence,
in favor of all of the foregoing matters relating to the creation of the Tax Increment
Reinvestment Zone, and opponents of the Tax Increment Reinvestment Zone were given the
opportunity to appear to contest creation of the zone, after which the hearing was closed; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct.
Exhibit F
TIRZ 2 Creation Ordinance
SECTION 2. The City Council, after conducting such hearing and having heard such
evidence and testimony, has made the following findings and determinations based on the
evidence and testimony presented to it:
a) The public hearing on adoption of the Tax Increment Financing
Reinvestment Zone has been properly called, held and conducted and that
notice of such hearing has been published as required by law
b) Creation of the proposed Tax Increment Reinvestment Zone with
boundaries as described in Exhibits "A" and "B" will result in benefits to
the City, its residents, and property owners, in general, and to the property,
residents and property owners in the Tax Increment Reinvestment Zone.
c) The Tax Increment Reinvestment Zone, as defined in Exhibits "A" and
"B ", meets the criteria for the creation of a Tax Increment Financing
Reinvestment Zone set forth in the Act in that:
(i) It is a contiguous geographic area located wholly within the corporate
limits of the City.
(ii) It substantially impairs or arrests the sound growth of the
municipality creating the zone or constitutes an economic or social
liability in its present condition and use because of the presence of:
a. The area has a predominance of defective or inadequate
sidewalks or street layout; and /or
b. Predominately open or undeveloped and, because of obsolete
platting, deterioration of structures or site improvements, or
other factors.
(iii) The proposed project plan includes the use of land in the zone with
access to an industrial rail spur that serves the park.
a) That 30 percent or less of the property in the proposed Tax Increment
Financing Reinvestment Zone, excluding property that is publicly owned,
is used for residential purposes, which is defined in the Act as any
property occupied by a house which has less than five living units.
b) The total appraised value of all taxable real property in the proposed Tax
Increment Financing Reinvestment Zone according to the most recent
appraisal rolls of the City, together with the total appraised value of
taxable real property in all other existing Tax Increment Reinvestment
Zones within the City, according to the most recent appraisal rolls of the
City, does not exceed 25 percent of the current total appraised value of
taxable real property in the City and in the industrial districts created by
the City, if any.
c) The improvements in the Tax Increment Reinvestment Zone will
significantly enhance the value of all taxable real property in the Tax
Increment Financing Reinvestment Zone.
Ordinance Designating TIRZ
City of Denton. Texas
Exhibit F
TIRZ 2 Creation Ordinance
d) The development or redevelopment of the property in the proposed Tax
Increment Financing Reinvestment Zone will not occur solely through
private investment in the reasonable foreseeable future.
SECTION 3. The City hereby creates a Tax Increment Reinvestment Zone over the area
described in Exhibit "A," attached hereto and depicted in the map attached hereto as Exhibit "B,"
and such Tax Increment Reinvestment Zone shall hereafter be identified as Tax Increment
Reinvestment Zone Number Two, City of Denton, Texas (the "Zone" or "Reinvestment Zone ").
SECTION 4. There is hereby established a board of directors for the Zone that shall
consist of eleven members. The board of directors of Tax Increment Reinvestment Zone Number
Two shall be appointed as follows:
a) Nine of the eleven member board shall be appointed by the City Council
as provided here within sixty (60) days of the passage of this ordinance or
within a reasonable time thereafter. All members appointed to the board shall
meet the eligibility requirements set forth in the Act. The governing body of
Denton County, which levies taxes on real property in Tax Increment
Reinvestment Zone Number Two, has the right to appoint a single board
member. Rayzor Investments, LLP the "Developer" has the right to appoint a
single board member.
b) The terms of the board members shall be two -year terms. A board member
may serve no more than three consecutive terms. At the first meeting of the
Board of Directors, the board members will draw lots to establish the
staggering of terms with 5 of the board members serving an initial tern of one
year. The City Council shall designate a member of the board to serve as
chairman of the board of directors, and the board shall elect from its members
a vice chairman and other officers as it sees fit.
c) The board of directors shall make recommendations to the City Council
concerning the administration of the Zone. It shall prepare and adopt a proj ect
plan and Tax Increment Reinvestment Zone financing plan for the Zone and
must submit such plans to the City Council for its approval. The board of
directors shall possess all powers necessary to prepare, implement and
monitor such project plan and financing plan for the Tax Increment
Reinvestment Zone as the City Council considers advisable, including the
submission of an annual report on the status of the Zone. Any powers not
herein delegated to the board of directors are specifically reserved to the City
Council.
SECTION 5. The Zone shall take effect immediately upon passage of this ordinance, and
the termination of the Zone shall occur on December 31, 2036, or at an earlier time designated
by subsequent ordinance of the City Council in the event the City determines that the Zone
should be terminated due to insufficient private investment, accelerated private investment or
other good cause, or at such time as all project costs and tax increment bonds, if any, and the
interest thereon, have been paid in full. The base value within the Zone is established as of
January 2012.
A /
Exhibit F
SECTION 6. The Tax Incremei1tl8aerJWfi12rc&R&, which is the total appraised value of
all taxable real property located in the Zone, is to be determined as of December 31, 2012, the
year in which the Zone was designated a Tax Increment Reinvestment Zone.
SECTION 7, Pursuant to Section 311.013(1) of the Tax Code, the City herby determines
that the following portions of the tax increment produced by the City of Denton shall be paid into
the tax increment fund for the reinvestment zone:
Jurisdiction Years
2012 Tax Rate
% of Tax Rate
$ /$100 Value
City of Denton 1 -10
0.6897500
40
11 -25
0.7197500
40
Denton County 1 -10
0.2828670
40
11 -25
0.3128670
40
SECTION 8. There is hereby created and established a Tax Increment Fund for the Zone
which may be divided into such subaccounts as may be authorized by subsequent resolution or
ordinance, into which all Tax Increments, less any of the amounts not required to be paid into the
Tax Increment Fund pursuant to the Act, are to be deposited. The Tax Increment Fund and any
subaccounts are to be maintained in an account at the City Treasurer's affiliated depository bank
of the City and shall be, secured in the manner prescribed by law for funds of Texas cities. In
addition, all revenues from the sale of any tax increment bonds and notes hereafter issued by the
City, revenues from the sale of any property acquired as part of the tax increment financing plan
and other revenues to be dedicated to and used in the Zone shall be deposited into such fund or
subaccount from which money will be disbursed to pay project costs for the Zone or to satisfy
the claims of holders of tax increment bonds or notes issued for the Zone.
SECTION 9. If any section, paragraph, clause or provision of this Ordinance shall for
any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such
section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 10, This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this 18th day of December 2012.
MARK . 13 0 I IS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Exhibit F
TIRZ 2 Creation Ordinance
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY. w
Ordinance Designating TIRZ
City of Denton. Texas
Exhibit F
TIRZ 2 Creation Ordinance
EXHIBIT A
CITY OF DENTON
TAX INCREMENT REINVESTMENT ZONE No. 2
BOUNDARY DESCRIPTION
TRACT No.1
BEGINNING at the southwest corner of the 9.27 acre T. Toby, Tract 4 and the north right -of-
way line of Airport Road, the POINT OF BEGINNING;
THENCE, north along the west boundary of the 9.27 acre T. Toby, Tract 4 to its northwest
corner and the southwest boundary of the 41.629 acre T. Toby, Tract 3 (Denton Municipal
Airport);
THENCE, northwest along the southwest boundary of the 41.629 acre T. Toby, Tract 3 (Denton
Municipal Airport) to its southwest corner and the east right -of -way of Sabre Road;
THENCE, northwesterly along the east right -of -way of Sabre Road and the westerly boundary of
the 41.629 acre T. Toby, Tract 3 (Denton Municipal Airport) and the 66.946 acre T. Toby, Tract
2 to the northwest corner of the 66.946 acre T. Toby, Tract 2;
THENCE, east along the north boundary of the 66.946 acre T. Toby, Tract 2 to the southwest
corner of the 148.5803 acre J. Scott, Tract 1;
THENCE, north along the west boundary of the 148.5803 acre J. Scott, Tract 1 to its northwest
corner and the south right -of -way of Jim Christal Road;
THENCE, east along the north boundary of the 148.5803 acre J. Scott, Tract 1 to its northeast
corner and the west right -of -way of Western Blvd.;
THENCE, due east across Western Blvd. to its east right -of -way and the northwest corner of the
20.7207 acre J. Bacon, Tract 1;
THENCE, east along the south right -of -way of Jim Christal Road and the north boundaries of the
20.7207 acre J. Bacon, Tract 1 and the 173.055 acre West Park Addition, Phase 2, Block A, Lot
2a to the southwest corner of the 24.9953 acre B.b.b, Tract 15 -17;
THENCE, north along the west boundaries of the 24.9953 acre B.b.b., Tract 15 -17, the 39.999
acre B.b.b., Tract 18 and the 10 acre B.b.b, Tract 21a to the northwest corner of the 10 acre
B.b.b, Tract 21 a;
THENCE, east and south along the north and east boundary of the 10 acre B.b.b, Tract 21 a to its
southeast corner and the north boundary of the 39.999 acre B.b.b, Tract 18;
THENCE, east along the north boundary of the 39.999 acre B.b.b., Tract 18 to its northeast
corner and the west boundary of the 43.3069 acre B.b.b, Tract 12 -14;
Exhibit F
TIRZ 2 Creation Ordinance
THENCE, north along the west boundaries of the 43.3069 acre B.b.b, Tract 12 -14 and the
19.5738 acre B.b.b, Tract 11 to the northwest corner of the 19.5738 acre B.b.b, Tract 11 and the
south right -of -way of US Highway 380;
THENCE, east along the north boundary of the 19.5738 acre B.b.b., Tract 11 and the south right -
of -way of US Highway 380 to the northeast corner of the 19.5738 acre B.b.b, Tract 11;
THENCE, southeasterly along the east boundaries of the 19.5738 acre B.b.b, Tract 11 and the
43.3069 acre B.b.b, Tract 12 -14, continuing westerly along the south boundary of the 43.3069
acre B.b.b, Tract 12 -14 to its southwest corner and the southeast corner of the 39.999 acre B.b.b,
Tract 18;
THENCE; west along the south boundary of the 39.999 acre B.b.b, Tract 18 to the northeast
corner of the 24.9953 acre B.b.b., Tract 15 -17;
THENCE, south along the east boundary of the 24.9953 acre B.b.b., Tract 15 -17 to its southeast
corner and the north right -of -way of Jim Christal Road;
THENCE, easterly along the north right -of -way of Jim Christal Road to the northwest corner of
the 16.3051 acre J. Perry, Tract la;
THENCE, northeasterly, south, east, north and east along the north boundary of the 16.3051 acre
J. Perry, Tract 1 a to its northeast corner;
Thence, south along the east boundary of the 16.3051 acre J. Perry, Tract la to the northwest
corner of the 18.3427 acre E. Puchalshi, Tract 295;
THENCE, east along the north boundary of the 18.3427 acre E. Puchalski, Tract 295 to its
northeast corner;
THENCE, southeasterly along the east boundaries of the 18.3427 acre E. Puchalski, Tract 295
and the 10.347 acre E. Puchalski, Tract 295a to its southeast corner and the northeast corner of
the 3 1. 0 acre E. Puchalski, Tract 296;
THENCE, southeasterly, west and south along the east boundary of the 31.0 acre E. Puchalski,
Tract 296 to its southeast corner and the north boundary of the north part of the 31.305 acre E.
Puchalski, Tracts 527, 528, and 529;
THENCE, east along the north boundary of the north part of the 31.305 acre E. Puchalski, Tracts
527, 528, and 529 to its northeast corner;
Thence, southwesterly along the east boundary and west along the south boundary of the north
part of the 31.305 acre E. Puchalski, Tracts 527, 528, and 529 to the east right -of -way of
Precision Road;
Exhibit F
TIRZ 2 Creation Ordinance
THENCE, west across Precision Road to its west right -of -way and the southeast corner of the
173.055 acre West Park Addition, Phase 2, Block A, Lot 2a;
THENCE, west along the south boundary of the 173.055 acre West Park Addition, Phase 2,
Block A, Lot 2a to the northeast corner of the 5.922 acre West Park Addition, Phase 2, Block A,
Lot 3;
THENCE, south and west along the east and south boundary of the 5.922 acre West Park
Addition, Phase 2, Block A, Lot 3, continuing west along the south boundary of the 6.889 acre
R. D. Wells Interchange, Block 1, Lot 1 (City of Denton) to the east boundary of the 173.055
acre West Park Addition, Phase 2, Block A, Lot 2a;
THENCE, south along the east boundary of the 173.055 acre West Park Addition, Phase 2,
Block A, Lot 2a to its southeast corner and the north right-of-way of Airport Road;
THENCE, west along the north right-of-way of Airport Road and the south boundary of the
173.055 acre West Park Addition, Phase 2, Block A, Lot 2a to its southwest corner and the east
right -of -way of Western Blvd.;
THENCE, west across Western Blvd. to its west right -of -way and the southeast corner of the
66.946 acre T. Toby, Tract 2;
THENCE, west along the north right -of -way of Airport Road and the south boundaries of the
66.946 acre T. Toby, Tract 2, the 41.629 acre T. Toby, Tract 3 (Denton Municipal Airport) and
the 9.27 acre T. Toby, Tract 4 and the POINT OF BEGINNING.
TRACT No. 2
The entire south part of the 31.305 acre E. Puchalski; Tract 527, 528, and 529.
TRACT No.1 and ''RAC f No. 2 contain a total of approximately 848.8 acres of which
approximately 48.5 acres are municipally owned.
Exhibit
TIRZ 2 Creation Ordinance
Exhibit B: Westpark TIRZ