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Home My WebLink AboutORD 2006-110 - Citigroup Reinvestment ZoneORDINANCE NO. 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF GEORGETOWN, TEXAS GENERALLY DESCRIBED AS BEING 51.50 ACRES OUT OF THE LEWIS P. DYCHES SURVEY ABSTRACT NO. 180 IN WILLIAMSON COUNTY, TEXAS BEING A PORTION OF A 120.3 ACRE TRACT CONVEYED TO OLIVERT BRABANDT IN VOL. 395 PG. 620 OF THE WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS, AS A REINVESTMENT ZONE FOR PROPERTY TAX ABATEMENT PURPOSES PURSUANT TO CHAPTER 312 OF THE TEXAS TAX CODE; CONDITIONED ON ANNEXATION OF THE PROPERTY INTO THE CITY LIMITS: CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 22, 2006, the City Council of the City of Georgetown, Texas (the "City ") proposed to enter into a property tax abatement agreement with Citigroup North America Inc. ( "CNAI ") to induce CNAI to create approximately 35 new jobs and to locate a datacenter storage facility consisting of a newly constructed 305,000 ( + / -) square foot state -of- the -art secure electronic data storage facility with approximately 125,000 square feet of raised floor, and such other ancillary facilities such as reasonably related thereto such as landscaping, parking, and on -site utilities as will be more fully described on submittals filed by CNAI with the City from time to time in order to obtain a building permit, at a cost to CNAI of approximately $450,000,000 in the area described in Exhibits "A" and "B" attached hereto (the "Zone "); and WHEREAS, on August 22, 2006 and October 10, 2006 the City Council of the City of Georgetown ( "City ") approved resolutions stating that the City intends to create the Zone and elects to become eligible to participate in a tax abatement pursuant to the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act "); and WHEREAS, the City, on October 1, 2006 published notice of a public hearing on the creation of the Zone in the Williamson County Sun, a newspaper of general circulation in the City, and by letter dated October 2, 2006 provided written notice of the public hearing to the presiding officer of the governing body of each taxing unit that includes Ordinance No. 0200&'1119 CNAI REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2006 -02 Page 1 of 8 \ \ Gtown-5\ DIVISION\ ed \Council\ 2006\ Project Lee\ Project Lee RIZ ordinance for second reading.doc the property in the Zone, and such hearing was held on October 10, 2006 in compliance with the requirements of Section 312.201 of the Texas Tax Code; and WHEREAS, at the public hearing on October 10, 2006 interested persons were allowed to speak for or against the designation of the Zone; and WHEREAS, evidence was received and presented at the public hearing in favor of the creation of the proposed Zone and its boundaries under the provisions of Chapter 312, Texas Tax Code; and WHEREAS, no owner of real property in the proposed zone protested the inclusion of his property in the proposed Zone; and WHEREAS, the City Council of the City of Georgetown, Texas has determined that the creation of a reinvestment zone by the City, as authorized by the Act, is in the best interests of the City in accordance with Article VIII, Section 1 -g of the Texas Constitution because (i) the area is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City, and (ii) without the Zone designation the area is and would remain predominantly open, underdeveloped and, because of obsolete platting, substantially impair the sound growth of the City; and WHEREAS, the City has provided all information, and made all presentations, given all notices and done all other things required by Chapter 312, Texas Tax Code, or other law as a condition to the creation of the proposed Zone; and WHEREAS, the City has not previously created any reinvestment zones on the subject Property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1 Findings. a) The City Council finds that the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct and are adopted as part of this Ordinance for all purposes. b) The City Council further finds and declares that the proposed improvements to be constructed by CNAI in the Zone will significantly enhance the value of all the taxable property in the proposed zone and will be of general benefit to the City after the expiration of an agreement entered into under Section 312.204 of the Texas Tax Code. c) The City Council hereby determines that the creation of the Zone on and within the area that is described by metes and bounds on Exhibit A and by sketch on Ordinance No. C200/0 ` /{® CNAI REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2006 -02 Page 2 of 8 Exhibit B is in the best interests of the City in accordance with Article VIII, Section 1 -g of the Texas Constitution, and further finds and declares that the proposed reinvestment zone meets the criteria and requirements of Section 312.202 of the Texas Tax Code because (i) in light CNAI's representations to the City, the area is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City, and (ii) without the Zone, the area is and would remain predominantly open, underdeveloped and, because of obsolete platting, substantially impair the sound growth of the City; and d) The City Council further finds and declares that the creation of the Zone is in conformance with the following Policy Statements in the City's Century Plan: 1.0 The community enjoys the benefits of well- planned land use in which conflicting needs are balanced. 9.0 Citizens and commercial goods move safely and efficiently throughout all parts of the City. 10.0 Georgetown's citizens and businesses enjoy an attractive community with a unique sense of place and a positive, identifiable image, at a cost which is consistent with other city social and economic priorities. 13.0 All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both current and future needs are provided. 15.0 The City manages its resources in a sound and fiscally conservative manner. The facts and recitations contained in the preamble of this Ordinance are hereby declared to be true and correct, and are incorporated be reference herein and made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the following Century Plan Policy Statements — Goals and Strategies: SECTION 2 Designation of the Zone. That the City, acting under the provisions of Chapter 3121, Texas Tax Code, including Section 312.201 does hereby designate as a reinvestment zone, and create and designate a reinvestment zone over, the area described on Exhibit "A" by metes and bounds, and shown by sketch on Exhibit "B ", to promote the redevelopment of the area. Exhibits "A" and "B" are incorporated herein by reference for all purposes as if set forth in full. The reinvestment zone shall hereafter be named for identification purposes as the Reinvestment Zone No. 2006 -02 (the "Zone "). SECTION 3 Duration of the Zone. That the Zone shall take effect immediately upon the passage and approval of this Ordinance if the Property described in Exhibits "A" and "B" has been annexed into the corporate boundaries of the City on or before the effective date of this Ordinance; or shall take effect upon annexation of the Property Ordinance No. r2 W29 CNAI REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2006 -02 Page 3 of 8 described in Exhibits "A" and "B" into the corporate boundaries of the City, whichever is later, provided that no Zone shall be created if the Property described in Exhibits "A" and "B" is not annexed into the corporate boundaries of the City. Termination of the operation of the Zone shall occur on five (5) years after the date of its designation, except that it may be renewed for periods not to exceed five years, and the expiration of the designation does not affect an existing tax abatement agreement made under the Property Redevelopment and Tax Abatement Act, pursuant to Section 312.203 of the Texas Tax Code. SECTION 4 Economic Development. The City Council hereby finds that the creation of the Zone constitutes a program to promote local economic development and to stimulate business and commercial activity in the City. SECTION 5 Severability. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person to set circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining provisions of this Ordinance or their application to other persons or set of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or regulations connected herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any portion hereof, and all provisions of this Ordinance are declared severable for that purpose. SECTION 6 Regular Open Meeting. It is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of the regular meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding its meeting, as required by the Open Meetings Law, Texas Government Code, Ch. 551, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 7 Effective Date. This Ordinance shall become effective immediately upon its final passage. Ordinance No. k' //(/ CNAI REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2006 -02 Page 4 of 8 READ, CONSIDERED, PASSED AND APPROVED ON FIRST READI G by the City Council of Georgetown at a regular meeting on the day of -CGS- w) 2006, at which a quorum was present and for which due notice was given pursuant to Section 551.001, et. seq. of the Government Code, READ, CONSIDERED, PASSED AND APPROVED ON SECOND AND FINAL READING by the City Council of Georgetown at a regular meeting on the 14 - day of �, , 2006, at which a quorum was present and for which due notice was given pursuant to Section 551.001, et. seq. of the Government Code. A rr f'L'CT. Sandra D. Lee City Secretary AS TO FORM: r/ K� C Patricia E. Carls City Attorney [CITY SEAL] THE CITY Mayor Ordinance No. Q00(a . 114V CNAI REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2006 -02 GEORGETOWN: Page 5 of 8 EXHIBIT "A" CR : =cII`roi� t1i�t,) r \SSC7C'IA`I'f,S, IN( 'q LAND SIJRVFYORS 147 'NORTH LANIPASAS ROUND DOCK, " TEXAS 512 -244 -3:395 FIFLD NOTES FIF,LD NOTES FOR 515000 ACRES OuT OF *rjui: LEWIS 1'. DYCIIFS SURVEY ABSTRAC'I` NO, 180 IN WILUAMSON COUNTY, TEXAS BRING A POl2' uN OF A 120.30 ACRE TRACT CONVEYED TO OLIVERT BRABANDT IN VOL, 395 PG. 620 OF THE WILLIAMSON COUNTY, TEXAS OFFICIAL RECORDS. SAID TILACC BEING MORE PARTICULARLY DESCRIBED BY :NIF;rFS AND BOUNDS AS FOLLOWS: BEGINNING at a ''A" iron pin found i t the Southwest corner of a 106.2049 acre tract conveveti to Longliont Junction LLP in Doe. No. 2005063 t 7S, also being on the Ens( line of a 38.1 231 acre tract conveyed to Williamson County also being on the North line of said 120.30 acre tract for the POINT OF BEGINNING. 'r1 FNCE with the common line of said 108.2049 acre tract and said 120.30 acre pact the following nine (9) courses: 1) N 7V 49' 44" E, 81.52 feet to it nail in a triple hackberry found. 2) N 72° 20' 31" Ic, '96.25 E, 112.29 Feet to a For the Northeast center of this tract.. feet to a nail ;it a fence post found 3) N 72" ! 7149" 1) E, 125.16 30" E, 372.97 tecl to a 'W' iron pin set for the Southe2s, conger of Ellis tract feet to a nail it. a fence past found <t) N ? 1'38' 30" W, 264.60 feet to a Y:" iron pin set at a point of curve to the letl. 17" E., 564.58 Met to a nail in a fence post found 5) N ?20 O6' 25" E, 142.46 filet to it nail in it fence post found 6) N 721 29' 101% ti, 226.37 feet to a nail in a fence post. found 7) N 70" 36' 58" E, 103.75 feet in l" iron pin iinund by it fence past. 3) N 7l° 32' 46" E, 112.29 Feet to a For the Northeast center of this tract.. 9) S 32° 55' 30" comer of said I, 662.44 feet to a nail in a Brace post found being the most Southerly Soutliwutt 108.2049 acre tract. THENCE through the interior of said 120x0 acre tract the following four (4) eour;,efi: 1) S 32" 55' 30" E, 372.97 tecl to a 'W' iron pin set for the Southe2s, conger of Ellis tract 2) S 71" 53' 16" W. 24116.50 fee, to a',`," iron pin set for the Southwest comer of' [his tract. 3) N 18' 11' 30" W, 264.60 feet to a Y:" iron pin set at a point of curve to the letl. 4) Along said curve to the left whose elements are W, 335.00, 1.= 1 53.94 whose chord bean N 31" 20' 4R" tV, 152.59 feet to u'lz' iron pin set on thr NN`ca± line of a:tid 120.30 ac¢z uact and the East lint, of said 38.12.31 acre tract. T] WNCE with the common line of said 120 30 acre trae'i and said 38,123 t acre tract the following thme (il cot :rsc. <: Ordinance No. to 1//0 ExI -uBrr A CNAI REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2006 -02 Page A -1 I) N t8`391 25' W. 30.055 Peet to a'fx" ion pan found. 2) N 13`58126" W, 47.46'3 -et to a ;5" iron pin founts. 3) N 18° 20' 37" W, 134.35 feet to it 'h" iron pin set for the most Westerly Nortiv.scst some! of ibis tract. THHNCE N 29"20' 07" E through the interior of said 12030 macro tract, 529.40 Icez to it '4," iron pin set on tite North line of said 120.30 acre tmct being on the Fast line of said 38.123 ! acre tract !'or the most Northerly Noathwcs2 cane of this vast. - THENCE N 71° 42' 51" E with the. cammon lire of said 12030 acre tact and said 38.1131 acre treat, 14.15 feet to the POINT OF BEGINNING and containing 51.5000 acres more or his-s. 1 hereby certify that the foregoing f icld notes were prepared from a survey on the ground under mV supervision and am true and correct to the best or my knowledge and bolief. Witness my hand and.scal August 25, 2006 Ilerman crich 06.331 Ordinance No. ...c 000 ` o ExFnBrr A CNAI REINVESTMENT ZONE CREATION REINVESTMENT ZONE 2006 -02 Page A -2 EXHIBIT "B" E%S .... ......._........... _........_.. ................ —.. 3 3ipirif i�� §3y�gi &�a; sZi :i )dielxl$S• &I"; fit •`. S jjY A}iia.jj.Ii�31x c 3i $S E.q¢i�St lz3# =3(yya F. jtf Yj zli3.is 8+ t V'$ I. 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