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HomeMy WebLinkAboutORD 2021-94 - North Georgetown TIRZORDINANCE NO. 2021- An Ordinance of the City Council of the City of Georgetown, Texas, designating a certain area within the City of Georgetown, Williamson County, Texas, as Tax Increment Reinvestment Zone Number Six ("North Georgetown TIRZ"); establishing the boundaries of such Tax Increment Reinvestment Zone; creating a Board of Directors for said Tax Increment Reinvestment Zone, and other matters related thereto; containing findings; providing a repealing clause; providing a severability clause; and providing an effective date. Whereas, the City Council desires to promote the development or redevelopment of a certain geographic area within its jurisdiction by the designation of a tax increment reinvestment zone, as authorized by the Tax Increment Financing Act, Chapter 311, of the Texas Tax Code (the "Act"); and Whereas, in compliance with the Act, the City called a public hearing to receive 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, in compliance with the Act, notice of the public hearing was published in a newspaper 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 public hearing was convened at the time and place mentioned in the published notice, to -wit, on the 14th day of December 2021 at 6:30 p.m., at the City Council Chambers in the City Hall of the City of Georgetown, Texas, which hearing was then closed; and Whereas, the City, at such public hearing, invited any interested person, or the person's representative, to appear and speak for or against the creation of the proposed tax increment reinvestment zone, the boundaries of the proposed tax increment reinvestment zone, as described in Exhibit "A" attached hereto and as depicted in the map attached hereto as Exhibit "B", whether all or part of the territory described in Exhibit "A" and as depicted in Exhibit `B" should be included in such proposed tax increment reinvestment zone, and for or against the concept of tax increment financing; and Whereas, all owners of property located within the proposed tax increment reinvestment zone were given the opportunity at such public hearing to protest the inclusion of their property in the proposed tax increment reinvestment zone; and Whereas, the City has prepared a preliminary project and reinvestment zone financing plan attached hereto as Exhibit "C". Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. Ordinance Number: 2021-_" Page 1 of 29 Description: 71kZ_ Case File Number: Date Approved: Oe Exhibits Attached Section 2. The City Council, after conducting such public 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) That the public hearing on adoption of the tax increment reinvestment zone has been properly called, held, and conducted and that notice of such hearing has been published as required by law. (b) That creation of the proposed tax increment reinvestment zone with boundaries as described in Exhibit "A" and as depicted in Exhibit "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 proposed tax increment reinvestment zone. (c) That the proposed tax increment reinvestment zone, as defined in Exhibit "A" and as depicted in Exhibit `B", meets the criteria for the creation of a tax increment reinvestment zone as set forth in the Act in that it is a geographic area located wholly within the corporate limits of the City and the area meets the criteria set forth in the Act for the designation as a tax increment reinvestment zone under Tax Code, Section 311.005. (d) That the total appraised value of all taxable real property in the proposed tax increment reinvestment zone according to the most recent appraisal roll 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 roll of the City, does not exceed fifty percent (50%) of the current total taxable value of taxable real property in the City and in the industrial districts created by the City, if any. (e) That the proposed improvements in the proposed tax increment reinvestment zone will significantly enhance the value of all taxable real property in the proposed tax increment reinvestment zone and will be of general benefit to the City. (f) That the development or redevelopment of the property in the proposed tax increment reinvestment zone will not occur solely through private investment in the reasonably foreseeable future. (g) That not more than thirty percent (30%) of the property in the proposed tax increment reinvestment zone, excluding property that is publicly owned, is currently used for residential purposes. (h) That the proposed tax increment reinvestment zone is predominantly open or undeveloped and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially impair or arrest the sound growth of the municipality or county. (i) That the proposed tax increment reinvestment zone substantially arrests or impairs the sound growth of the City, retards the provision of housing accommodations, or Ordinance Number: 2021 - Page 2 of 29 Description: T (QZ Case File Number: Date Approved: Exhibits Attached constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use because of the presence of: (1) The predominance of defective or inadequate sidewalk or street layout; and (2) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. Section 3. The City hereby designates a tax increment reinvestment zone over the area described in Exhibit "A" attached hereto and as depicted in the map attached as Exhibit `B", and such tax increment reinvestment zone shall hereafter be identified as "Reinvestment Zone Number Six, City of Georgetown, Texas" or "North Georgetown TIRZ" (hereinafter sometimes referred to herein as the "Reinvestment Zone"). Section 4. There is hereby established a board of directors for Reinvestment Zone, which shall consist of at least five (5) but not more than fifteen (15) members, unless more members are required to be appointed to satisfy the requirements of Section 311.009, Tax Code. The members of the Board of Directors of the Zone shall be appointed as follows: (a) The City shall be entitled to appoint a minimum of five (5) and a maximum of ten (10) members of the Board of Directors, except that if there are fewer than five (5) directors appointed by taxing units other than the City, the City Council may appoint more than ten (10) members as long as the total membership of the Board of Directors does not exceed fifteen (15) members. The City Council shall appoint its initial members to the Board of Directors within sixty (60) days after passage of this Ordinance. (b) Each taxing unit, other than the City, that levies taxes on real property in the Reinvestment Zone may appoint one member of the Board of Directors if the taxing unit has approved the payment of all or part of the tax increment produced by such taxing unit into the tax increment fund for the Reinvestment Zone. A taxing unit eligible to appoint a member to the Board of Directors may waive such right. If a taxing unit waives its right to appoint a member of the board, the City may appoint a member to the Board of Directors to such position. The governing body of each taxing unit, other than the City, eligible to appoint a member to the Board of Directors shall appoint such member within sixty (60) days after such taxing unit has entered into an agreement with the City for payment of all or part of the tax increment produced by such taxing unit into the tax increment fund for the Zone. Failure of such taxing unit to appoint a director within such sixty (60) day period shall be deemed a waiver of the right to appoint a director, and the City Council shall be entitled to appoint a person to such position. (c) A vacancy on the Board of Directors shall be filled as set forth in the Act. Positions one through three on the Board of Directors are reserved for the City. The remaining positions are reserved for other taxing units that levy real property taxes in the Reinvestment Zone and if the taxing unit has approved the payment of all or part of the tax increment produced by such taxing unit into the tax increment fund for Ordinance Number: 2021- Page 3 of 29 Description: Case File Number: Date Approved: Exhibits Attached the Reinvestment Zone. The City Council shall appoint additional member(s) to maintain a board of at least five (5) members. The directors appointed by taxing units other than the City shall be assigned a Board position in the order that the City receives the appointment. All members appointed to the Board of Directors shall meet eligibility requirements as set forth in the Act. (d) The terms of office for members of the Board of Directors shall be for two (2) years. Each year the City Council shall designate a member of the Board of Directors to serve as Chairperson of the Board of Directors. The Chairperson shall serve a term of office of one year that runs from January 1 through and including December 31 of the calendar year. The Board of Directors shall elect from its members a Vice - Chairperson and other officers, as it deems appropriate. (e) The Board of Directors shall make recommendations to the City Council concerning the administration of the Zone. It shall prepare and adopt a project plan and the reinvestment zone financing plan for the Reinvestment Zone and must submit such plans to the City Council for its approval. The City Council delegates to the Board of Directors all powers necessary to prepare and implement the project and the reinvestment zone financing plans for the Zone, including any required annual reports on the status of the Zone, all subject to the prior approval of the City Council. The Board of Directors may not enter into agreements to implement the project and reinvestment zone plan without the express authorization of the City Council. Section 5. The Zone shall take effect on adoption of this Ordinance, and the termination of the Zone shall occur on December 31, 2038 (with collection of 2038 tax increment in 2039) , or at an earlier time designated by subsequent ordinance of the City Council, or at such time subsequent to the issuance of any tax increment bonds, if any, that all project costs, tax increment bonds, notes or other obligations of the Reinvestment Zone, and the interest thereon, if any, have been paid in full. Section 6. The tax increment base for the Reinvestment Zone, which is the total taxable value of all taxable real property located in the Reinvestment Zone, is to be determined as of January 1, 2021, the year in which the Reinvestment Zone was designated as a tax increment reinvestment zone (the "Tax Increment Base"). Tax Increment Base means the total appraised value of all real property taxable by a taxing unit located in the Reinvestment Zone for the 2021 tax year. "Tax Increment" means the total amount of real property taxes levied and collected by a taxing unit for that year on the Captured Appraised Value of real property taxable by a taxing unit and located in the Reinvestment Zone. Captured Appraised Value means the total taxable value of all real property taxable by a taxing unit and located in the Reinvestment Zone for the year, less the Tax Increment Base of the taxing unit. For purposes of this Ordinance "taxing unit" means the City of Georgetown and any other political subdivision or special district that taxes real property within the Reinvestment Zone that enters into an agreement with the City for the payment of all or part of the tax increment produced by such other taxing unit into the Tax Increment Fund for the Zone. Ordinance Number: 2021- Page 4 of 29 Description: Case File Number: Date Approved: Exhibits Attached Section 7. There is hereby created and established a Tax Increment Fund for the Reinvestment Zone which may be divided into such sub -accounts as may be required, into which all Tax Increments contributed by the City or other taxing unit, less any of the amounts not required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited. All Tax Increments as defined herein shall be deposited in the Tax Increment Fund. The Tax Increment Fund and any sub -accounts are to be maintained at the depository bank of the City and shall be secured in the manner prescribed by law for funds of the City. In addition, all revenues from the sale of any tax increment bonds, notes or certificates of obligation, hereafter issued by the City; revenues from the sale of any property acquired as part of the Reinvestment Zone financing plan; and any other revenues to be dedicated to and used in the Reinvestment Zone shall be deposited into the Tax Increment Fund or sub -account from which money will be disbursed to pay project costs for the Reinvestment Zone or to satisfy the claims of holders of tax increment bonds, notes or certificates of obligations issued for the Reinvestment Zone, or to satisfy other obligations authorized by the Act. Section 8. The City will participate in the Zone for a period of fifteen (15) years by contributing and depositing into the Tax Increment Fund sixty percent (60%) of the City's tax increment from real property ad valorem taxes assessed and collected for tax years 2024 through and including 2028; fifty-five percent (55%) of the City's tax increment from real property ad valorem taxes assessed and collected for tax years for years 2029 through and including 2033; and fifty percent (50%) of the City's tax increment from real property ad valorem taxes assessed and collected for tax years 2034 through and including 2038. Section 9. All provisions of the ordinances of the City of Georgetown, in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Georgetown not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 10. Should any sentence, paragraph, subdivision, clause, phrase, or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole or a part or provision thereof other than the part thereof decided to be unconstitutional, illegal, or invalid. Section 11. The Mayor or City Manager is hereby authorized to execute any contracts or other agreements with any taxing units that elect to enter into an agreement with the City for payment of all or part of the tax increment produced by such other taxing unit into the Tax Increment Fund for the Reinvestment Zone. Section 12. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. APPROVED on First Reading on the L6ay a 2021. APPROVED AND ADOPTED on Second Reading on the 1: day of 021. Ordinance Number: 2021- Page 5 of 29 Description: Case File Number: Date Approved: Exhibits Attached THE CITY OF GEO OWN: ATTEST: Josh Schroeder Robyn DUnsmore Mayor V z City Secretary APPROVED ASLO FORM: kye asson,(City Attorney Ordinance Number: 2021- Page 6 of 29 Description: Case File Number: Date Approved: Exhibits Attached Exhihit "A" Legal Description of the Zone FIELD NOTES FOR A 119.784 ACRE TRACT OF LAND: BEING A 119.784 ACRE TRACT OF LAND, LOCATED IN THE WILLIAM ROBERTS SURVEY, ABSTRACT NO. 524, WILLIAMSON COUNTY, TEXAS; SAID 119.784 ACRE TRACT, BEING ALL OF THAT CALLED 1 11.36 ACRE TRACT OF LAND KNOWN AS "TRACT I", THE REMAINING PORTION OF THAT CALLED 7.3 ACRE TRACT OF LAND KNOWN AS "TRACT II", AND ALL OF THAT CALLED 2.12 ACRE TRACT OF LAND KNOWN AS "TRACT III", RECORDED IN VOLUME 512, PAGE 71, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, AND BEING ALL OF THAT CALLED 3.05 ACRE TRACT OF LAND RECORDED IN VOLUME 545, PAGE 392, DEED RECORDS, WILLIAMSON COUNTY, TEXAS, BEING THE SAME PROPERTY CONVEYED TO JASPER N. SUDDUTH AND WIFE, IDA P. SUDDUTH IN INSTRUMENT RECORDED IN VOLUME 512, PAGE 71 AND BEING ALL OF THE SAME PROPERTY CONVEYED TO DONALD HOYLE AND WIFE, PATSY S. HOYLE IN INSTRUMENT RECORDED IN VOLUME 545, PAGE 392; SAID 119.784 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1 /2" iron rod located for the northwest corner of the remainder of said 7.3 acre tract, the northeast corner of that called 54.3 acre tract of land recorded in Document No. 2014088568, Official Public Records, Williamson County, Texas, being an angle point of that called 104.89 acre tract of land recorded in Document No. 2008016952, Official Public Records, Williamson County, Texas, said point being the northwest corner of the herein described tract of land; Thence, with the northwest lines of the remainder of said 7.3 acre tract, said 2.12 acre tract, and said 111.36 acre tract, the southeast lines of said 104.89 acre tract, the following two (2) courses and distances: 1. N 64' 22' 55" E, a distance of 197.60' (Record per Doc. No. 2008016952: N 650 4536" E, a distance of 197.59'), to a 1 /2" iron rod located for an angle point of the herein described tract of land; 2. N 680 12' 57" E, a distance of 1820.19' (Record per Doc. No. 2008016952: N 690 36' 19" E, a distance of 1820.51'), to a 1" square iron pipe located for an angle point of said 111.36 acre tract, being the southeast corner of said 104.89 acre tract, the southwest corner of that called 72.32 acre tract of land recorded in Volume 886, Page 335, Deed Records, Williamson County, Texas, said point being an angle point of the herein described tract of land; Ordinance Number: 2021- Page 7 of 29 Description: Case File Number: Date Approved: Exhibits Attached 3. Thence, with the northwest line of said 111.36 acre tract, the southeast line of said 72.32 acre tract, N 70' 40' 37" E, passing a 1" iron pipe located at a distance of 656.89', continuing a total distance of 659.38' (Record: N 74' 10' 00" E, a distance of 658.61') (Record per Vol. 886, Pg. 335: N 72157' 00" E, a distance of 658.13) (Record per Doc. No. 2006017468: N 700 39' 41" E, a distance of 659.38'), to a 1 /2" iron rod located in the northwest right-of-way line of Interstate Highway 35 Frontage Road as shown in Document No. 2006017468, Official Public Records, Williamson County, Texas, being the northeast corner of said 111.36 acre tract, said point being the northeast corner of the herein described tract of land; 4. Thence, with the northwest right-of-way line of Interstate Highway 35 Frontage Road, the southeast line of said 111.36 acre tract, S 130 56' 20" W, passing a TxDOT concrete monument located at a distance of 543.58', a TxDOT concrete monument located at a distance of 1000.60', a TxDOT concrete monument located at a distance of 2001.10', continuing 100.54' for a total distance of 3645.82' (Record per Doc. No. 2006017468: S 13' 56' 29" W, a distance of 3646.70'), to a calculated point in a power pole in the northwest right-of-way line of Interstate Highway 35 Frontage Road as shown in Document No. 2006017468, Official Public Records, Williamson County, Texas, being the southeast corner of said 111.36 acre tract, said point being the southeast corner of the herein described tract of land; 5. Thence, departing the northwest right-of-way line of Interstate Highway 35 frontage road, with the southeast lines of said 111.36 acre tract, said 2.12 acre tract, and the remainder of said 7.3 acre tract, the northwest line of that called 1.249 acre tract of land known as "Second Tract", recorded in Volume 1732, Page 249, Deed Records, Williamson County, Texas, S 67' 42' 10" W, passing a 3/8" iron rod located at a distance of 0.42' for the northeast corner of said 1.249 acre tract, a 1 /2" iron rod located at a distance of 994.53for the northwest corner of said 1.249 acre tract, continuing 56.01' for a total distance of 1050.96' (Record per Vol. 1732, Pg. 249: S 71 ° 00' 00" W, a distance of 990.14'), to a calculated point in the center of Dry Berry Creek, being the southwest corner of the remainder of said 7.3 acre tract, the southeast corner of that called 45.00 acre tract of land recorded in Document No. 2004002927, Official Public Records, Williamson County, Texas, being in a northwest line of that called 71.997 acre tract of land recorded in Document No. 2008000666, Official Public Records, Williamson County, Texas, said point being the southwest corner of the herein described tract of land; Ordinance Number: 2021- Page 8 of 29 Description: Case File Number: _ Date Approved: Exhibits Attached Thence, with the approximate center line of Dry Berry Creek, the following twelve (12) courses and distances: 6. NIB' 43' 13" W, a distance of 119.07', to a calculated point for an angle point of the herein described tract of land; 7. N 080 20' 24" W, a distance of 77.91', to a calculated point for an angle point of the herein described tract of land; 8. N 060 15' 48" E, a distance of 102.38', to a calculated point for an angle point of the herein described tract of land; 9. N 16' 24' 06" E, a distance of 224.02', to a calculated point for an angle point of the herein described tract of land; 10. N 070 44' 03" E, a distance of 168.85', to a calculated point for an angle point of the herein described tract of land; 11. N 070 06' 33" W, a distance of 204.47', to a calculated point for an angle point of the herein described tract of land; 12. N 110 33' 16" W, a distance of 283.45', to a calculated point for an angle point of the herein described tract of land; 13. N 130 30' 25" W, a distance of 113.69', to a calculated point for an angle point of the herein described tract of land; 14. N 190 16' 42" W, a distance of 358.97', to a calculated point for an angle point of the herein described tract of land; 15. N 210 52' 20" W, a distance of 91.57', to a calculated point for an angle point of the herein described tract of land; 16. N 320 08' 36" W, a distance of 49.98', to a calculated point for an angle point of the herein described tract of land; 17. N 420 07' 33" W, a distance of 44.61', to a calculated point in the center of Dry Berry Creek, being in a northwest line of the remainder of said 7.3 acre tract, a southeast line of said 54.3 acre tract, said point being an exterior corner of the herein described tract of land; Ordinance Number: 2021- Page 9 of 29 Description: Case File Number: Date Approved: Exhibits Attached 18.Thence, departing the center of Dry Berry Creek, with a northwest line of the remainder of said 7.3 acre tract, a southeast line of said 54.3 acre tract, N 620 51' 22" E, passing a 1 /2" iron rod located for reference at a distance of 30.81', continuing 52.06' for a total distance of 82.87', to a 1 /2" iron rod located for an interior corner of the remainder of said 54.3 acre tract, the southeast corner of said 54.3 acre tract, said point being an interior corner of the herein described tract of land, Thence, with the southwest lines of the remainder of said 7.3 acre tract, the northeast lines of said 54.3 acre tract, the following fourteen (14) courses and distances: 19. N 210 45' 16" W, a distance of 131.35' (Record per Doc. No. 2014088568: N 200 22' 13" W, a distance of 131.35), to a 60D nail located for an angle point of the herein described tract of land; 20. N 200 31' 05" W, a distance of 60.86' (Record per Doc. No. 2014088568: N 190 06' 55" W, a distance of 60.76), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for an angle point of the herein described tract of land; 21. N 300 43' 16" W, a distance of 11.06' (Record per Doc. No. 2014088568: N 29' 19' 54" W, a distance of 11.05), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for an angle point of the herein described tract of land; 22. N 220 54' 40" W, a distance of 104.20' (Record per Doc. No. 2014088568: N 211 31' 18" W, a distance of 104.14'), to a 1 /2" iron rod located for an angle point of the herein described tract of land; 23. N 180 03' 10" W, a distance of 130.05' (Record per Doc. No. 2014088568: N 160 4303" W, a distance of 130.08'), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for an angle point of the herein described tract of land; 24. N 230 12' 32" W, a distance of 100.95' (Record per Doc. No. 2014088568: N 210 5307" W, a distance of 101.09'), to a 1 /2" iron rod located for an angle point of the herein described tract of land; Ordinance Number: 2021- Page 10 of 29 Description: Case File Number: Date Approved: Exhibits Attached 25. N 200 47' 10" W, a distance of 180.56' (Record per Doc. No. 2014088568: N 191 26'34" W, a distance of 180.48'), to a 1 /2" iron rod located for an angle point of the herein described tract of land; 26. N 220 02' 53" W, a distance of 104.75' (Record per Doc. No. 2014088568: N 200 3552" W, a distance of 104.99'), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for an angle point of the herein described tract of land; 27. N 260 22' 25" W, a distance of 33.25' (Record per Doc. No. 2014088568: N 240 5524" W, a distance of 33.32'), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for an angle point of the herein described tract of land; 28. N 080 48' 02" W, a distance of 6.36' (Record per Doc. No. 2014088568: N 070 21' 01" W, a distance of 6.37), to a 1/2" iron rod located for an angle point of the herein described tract of land; 29. N 200 14' 35" W, a distance of 16.17' (Record per Doc. No. 2014088568: N 180 49' 16" W, a distance of 16.18'), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for an angle point of the herein described tract of land; 30. N 200 03' 30" W, a distance of 17.68' (Record per Doc. No. 2014088568: N 180 38' 11" W, a distance of 17.69'), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for an angle point of the herein described tract of land; 31. N 200 06' 15" W, a distance of 231.63' (Record per Doc. No. 2014088568: N 180 40' 56" W, a distance of 231.73'), to a 1 /2" iron rod with a blue "QUICK INC RPLS 6447" plastic cap set for an angle point of the herein described tract of land; 32. N 190 32' 43" W, a distance of 110.22' (Record per Doc. No. 2014088568: N 180 0724" W, a distance of 110.27), to the POINT OF BEGINNING containing 119.784 acres of land. Note: The basis of bearing was established using the Trimble VRS Network, NAD (83), Texas State Plane Coordinate System, Central Zone, 4203, US Survey Foot, Grid. A survey plat was prepared by a separate document. Ordinance Number: 2021- Page 11 of 29 Description: Case File Number: Date Approved: Exhibits Attached FIELD NOTES FOR A 104.884 ACRE TRACT OF LAND: BEING A 104.884 ACRE TRACT OF LAND, LOCATED IN THE WILLIAM ROBERTS SURVEY, ABSTRACT NO. 524, WILLIAMSON COUNTY, TEXAS; SAID 104.884 ACRE TRACT, BEING ALL OF THAT CALLED 104.89 ACRE TRACT OF LAND RECORDED IN DOCUMENT NO. 2020151834, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS; SAID 104.884 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1" square iron pipe located for the easternmost corner of said 104.89 acre tract, the southernmost corner of that called 72.32 acre tract of land recorded in Volume 886, Page 335, Deed Records, Williamson County, Texas, being an angle point of that called 111.36 acre tract of land known as "Tract I", recorded in Volume 512, Page 71, Deed Records, Williamson County, Texas, said point being the easternmost corner of the herein described tract of land; Thence, with the southeast lines of said 104.89 acre tract, the northwest lines of said 111.36 acre tract, the following two (2) courses and distances: 1. S 680 12' 57" W, a distance of 1820.19' (Record: S 690 36' 19" W, a distance of 1820.51'), to a 1 /2" iron rod located for an angle point of the herein described tract of land; 2. S 64' 22' 55" W, a distance of 197.60' (Record: S 650 4536" W, a distance of 197.59'), to a 1 /2" iron rod located for an angle point of said 104.89 acre tract, the westernmost corner of said 1 1 1.36 acre tract, the northernmost corner of that called 54.3 acre tract of land recorded in Document No. 2014088568, Official Public Records, Williamson County, Texas, said point being an angle point of the herein described tract of land; Ordinance Number: 2021- Page 12 of 29 Description: Case File Number: Date Approved: Exhibits Attached Thence, with the southeast lines of said 104.89 acre tract, the northwest lines of said 54.3 acre tract, the following two (2) courses and distances: 3. S 69' 29' 55" W, a distance of 320.10' (Record: S 70' 51' 03" W, a distance of 319.99'), to a 1 /2" iron rod located for an angle point of the herein described tract of land; 4. S 690 03' 58" W, a distance of 499.96' (Record: S 700 29' 45" W, a distance of 500.56'), to a 1 /2" iron rod located for the southernmost corner of said 104.89 acre tract, the easternmost corner of that called 33.63 acre tract of land recorded in Document No. 2004079454, Official Public Records, Williamson County, Texas, being an angle point of said 54.3 acre tract, said point being the southernmost corner of the herein described tract of land; 5. Thence, with the southwest line of said 104.89 acre tract, the northeast line of said 33.63 acre tract, N 21' 34' 01" W, a distance of 1625.97' (Record: N 200 09' 53" W, a distance of 1624.84'), to a 1 /2" iron rod located for the westernmost corner of said 104.89 acre tract, the northernmost corner of said 33.63 acre tract, being in a southeast line of that called 284.03 acre tract of land recorded in Volume 656, Page 620, Deed Records, Williamson County, Texas, said point being the westernmost corner of the herein described tract of land; 6. Thence, with a northwest line of said 104.89 acre tract, the southeast line of said 284.03 acre tract, N 69' 02' 47" E, a distance of 1795.12' (Record: N 70° 23' 23" E, a distance of 1795.28'), to a 1 /2" iron rod located for an angle point of said 104.89 acre tract, an angle point of said 284.03 acre tract, an angle point of said 72.32 acre tract, said point being an angle point of the herein described tract of land; Thence, with the common boundary lines of said 104.89 acre tract and said 72.32 acre tract, the following three (3) courses and distances: 7. N 69' 38' 42" E, a distance of 1053.77' (Record: N 710 0305" E, a distance of 1053.79'), to a 1" square iron pipe located for the northernmost corner of the herein described tract of land; Ordinance Number: 2021- Page 13 of 29 Description: Case File Number: _ _ Date Approved: Exhibits Attached 8. S 21 ° 18' 14" E, a distance of 554.64' (Record: S 190 54' 18" E, a distance of 554.70'), to a 3/8" iron rod located for an angle point of the herein describedtract of land; S 21' 04' 34" E, a distance of 1020.48' (Record: S 190 42' 15" E, a distance 1020.54') to the POINT OF BEGINNING containing 104.884 acres of land Ordinance Number: 2021- Page 14 of 29 Description: Case File Number: Date Approved: Exhibits — - Attached Exhibit "B" Depiction of Zone Ordinance Number: 2021- Description: Date Approved: Page 15 of 29 Case File Number: Exhibits Attached Exhibit "C" Preliminary Project and Financing Plan North Georgetown Tax Increment Reinvestment Zone Preliminary Project Plan & Reinvestment Zone Financing Plan December 2021 Ordinance Number: 2021- Page 16 of 29 Description: Case File Number: Date Approved: Exhibits Attached Table of Contents Introduction A. Objectives B. TIF Financing C. Zone Description II. Project Plan A. Existing Uses and Conditions B. Proposed Uses and Conditions C. Municipal Ordinances and Agreements D. Non -Project Costs E. Relocation III. Financing Plan A. List of Estimated Project Costs B. Kind, Number, and Location of Proposed Public Improvements to be Financed by the TIRZ C. Economic Feasibility Study D. Estimated Bonded Indebtedness to be Incurred E. Time of Incurring Monetary Obligations F. Method of Financing/Sources of Revenue for Project Costs G. Current Appraised Value H. Estimated Captured Appraised Value I. Duration of the TIRZ IV. Board of Directors of the TIRZ v. List of Exhibits Ordinance Number: 2021- Page 17 of 29 Description: Case File Number: Date Approved: Exhibits — — Attached I. INTRODUCTION A. Objectives The Georgetown City Council desires to create Tax Increment Reinvestment Zone (TIRZ) #6, aka the North Georgetown TIRZ, consisting of approximately 224 acres of land generally located along IH35, north of the HWY195 intersection, pursuant to the Tax Increment Financing Act, as codified in Chapter 311 of the Texas Tax Code, as amended (the "Act"). The purpose of the TIRZ creation is to finance public infrastructure needed to develop the site for industrial and commercial use in partnership with Jackson Shaw (the Developer). The land within the proposed TIRZ has been entitled for these uses as well as a portion for multi -family. Currently, the site does not have wastewater infrastructure in place, which has impeded the development of this site and the surrounding area. The TIRZ would aid in offsetting the cost of construction of a sanitary sewer interceptor along the Dry Berry Creek bed, as outlined in the City's wastewater master plan. The line would be constructed by the Developer to City requirements and become city -owned public infrastructure upon completion and acceptance by the City. This line would connect with the Berry Creek Interceptor, which is a current City capital improvement project. The ultimate build of the infrastructure will allow for wastewater service for a large area of the City of Georgetown spanning from HWY195 to IH35, including the proposed TIRZ. The estimated cost of the Dry Berry Creek interceptor line is approximately $10 million. The TIRZ will take effect at the adoption of the ordinance by City Council, which will set the base year at 2021 for the assessed valuation. The City will participate by contributing a portion of the incremental increase in real property ad valorem taxes following a 15-year contribution schedule that begins in 2024. The contribution schedule is 60% of the incremental tax increase in years 1-5, 55% of the incremental tax increase in years 2-10, and 50% of the incremental increase in years 11-15 with the last year of contribution being 2038. Following approval of a development agreement, the Developer will then be reimbursed for the expense of the public wastewater infrastructure construction utilizing annual payments from the TIRZ fund. The maximum amount of reimbursement is $8.5 million, or the end of the 15-year TIRZ period, whichever occurs first. The Developer must complete construction of the wastewater line and 400,000 square feet of industrial development prior to receiving reimbursement payments. The first 400,000 square feet of industrial Ordinance Number: 2021- Page 18 of 29 Description: Case File Number: Date Approved: Exhibits Attached development can be serviced by temporary septic until the wastewater extension is completed. All other development within the TIRZ must be serviced by the wastewater line. B. TIF Financing Tax Increment Financing (TIF) is a tool local government may use to finance public improvements within defined areas that have unique challenges or opportunities for economic development. A municipality may make an area eligible for tax increment financing by designating a reinvestment zone (TIRZ). Taxes on the appraised value of the zone in the year the zone was designated (the "base" year) continue flowing to the general funds of taxing units, but, for participating government units, all or part of the increased tax revenue due to greater real property values in the TIRZ flows to a tax increment financing fund ('TIF" or "TIRZ") for a specified maximum term of years. Inclusion of a property in a TIF zone does not change the tax rate for any property. Tax rates in a TIF zone are the same as tax rates outside the zone and with the same set of taxing jurisdictions. Money flowing to the TIF/TIRZ is disbursed according to one or more development agreements. These are contracts between the City of Georgetown and a developer. A development agreement must accord with a TIF project plan and financing plan approved by the City Council after a recommendation by a Board of Directors as prescribed by the Act. The TIF fund may be used only as authorized by state law. Mere designation of a TIF zone is not an entitlement to future tax flow. Only if the City Council approves execution of a development agreement consistent with a TIF project plan and financing plan may cash flow from the TIF fund and then only in accord with terms of a development agreement. Ordinance Number: 2021- Page 19 of 29 Description: Case File Number: Date Approved: Exhibits Attached C. Zone Description The map below depicts the vicinity and boundaries of the proposed North Georgetown TIRZ. A metes and bounds description of all property located within the TIRZ is included as Exhibit 1 to this plan. LOCATION 2021-14-REZ Ezhlbit tt r sb PBK4k omru,ffft M 0"WWM M A Ordinance Number: 2021- Page 20 of 29 Description: Case File Number: Date Approved: Exhibits Attached II. PROJECT PLAN A. Existing Land Uses and Conditions The TIRZ property is approximately 224 acres and currently zoned High -Density Multi - Family (MF-2) a total of 18.874 acres, General Commercial (C-3) a total of 42.398 acres, and Industrial (IN) a total of 163.433 acres. Zoning of the property was approved at the October 26, 2021 council meeting. The property is undeveloped and predominately vacant. Y �1 If 1 I 1 W Ordinance Number: 2021- Page 21 of 29 Description: Case File Number: Date Approved: Exhibits Attached B. Proposed Land Uses and Conditions Proposed uses follow the zoning that is currently in place with approximately 1,700,000 square feet of industrial development, 392,000 square feet of commercial development, and 388 multi -family units. tit 1 �an.rn�i+�i nrr,nr rc�o`t C. Municipal Ordinances and Agreements All property located within the TIRZ is within the corporate limits of the City of Georgetown and within the boundaries of Williamson County, Texas. It is entitled following the land use category restrictions in the City of Georgetown Unified Development Code, as of October 26, 2021. Ordinance Number: 2021- Page 22 of 29 Description: Case File Number: Date Approved: Exhibits Attached D. Non -Project Costs The non -project costs include the cost of all development located within the TIRZ boundary due to the TIRZ project being an off -site public wastewater improvement. Development within the TIRZ will be privately funded, and no tax increment reimbursement is expected. Non -project costs represent the expenditures estimated by the Developer necessary to complete the master plan for the site. Total real property capital investment is projected to be more than $246,000,000 by year 2026, based the developer's estimate. Projected RIP RP Sales Property Completion Square Taxable Incremental Incremental Type Date FeetltJnits Value Value SaleslSF Value PSFlunit Industrial 2023 465.000 $ 80 S 37,200,000 S - S - Industrial 2025 1.400,000 $ 80 $112,000,000 $ - $ - Multifamily 2024 300 $175,000 $ 52,500,000 $ - $ - Retail 2023 150.000 $ 300 $ 45.000,000 $ 200 $30.000,000 Tots! 2,015,300 �746,700,40� $3i1,004,Q00 E. Relocation No residential relocation will be required as part of the creation or development of the TI RZ. Ordinance Number: 2021- Page 23 of 29 Description: Case File Number: Date Approved: Exhibits _ Attached III. FINANCING PLAN A. List of Estimated Project Costs Including Administrative Expenses A breakout of the estimated costs associated with the construction of the Dry Berry Creak Interceptor wastewater line is show in the table below. In addition to the project costs, the City will also collect a one percent administration fee from the TIRZ, estimated at $850,000 over the 15-year term. PREDESIGN OPINION OF PROBABLE CONSTRUCTION COST ,� Pacheco Koch Client Name: Jackson Shaw 223 Acres PI( No.: 4670-21.287 Project Title: OHs'rte Sanitary Sewer Interceptor Date: 7,e19/2021 Bid No. Bid Item Description Units EsTimaled QUanfifv Unit Cost Total Cost SANITARY SEWER t Mobilital:on LS 1 $ 365.000.00 $ 365,00000 General Site Preparahon LS 1 $ 50.000.00 S 50.DDO-OD 3 ConstructionEntrances) SY 167 7500 S 125DO00 2 36' RCP Soml Sewer Jr.* 4.10' Dme) LF 0 $ 3DO 00 $ 3 WRCP Sonlory Sewer Urve 10. 1 S'RMI LF 525 $ 325.00 S 17Q625.00 4 36'- RCP Son lorvSewes LIrw (I6-20' Dtepl LF ZWO $ 375.00 $ 1,068,750.0D 5 1 36" RCP Sanitary Sewer Line (20-25' DeepJ LF 2,760 $ 400.00 S 1,104,ODO.00 6 36" RCP 5dnity Sower Llre [26-30 DeepJ LF 3.750 $ 450-00 $ 1,687,5D0.0D 7 W RCP Sanitary Sewer Line 304 Deep) LF 2,610 $ 500.00 S 1,305.0DO.OD 8 6' Diameter Manholes IC-1O' DeepJ EA 0 $ 5.000-00 $ 9 6' Diameter Manholes 10-15' Deepl EA 2 $ MOOD-00 $ 20.00D.OD 10 6' Diameter Manholes 115-20' Deep) EA 3 $ 12500-00 S 37.5DO-00 11 6' Diameter Manholes 20-25' Deep) FA 8 $ 15.000.00 $ 120.000-00 12 6'DiameterManholes :25-30'Deeo) EA ,A $ 17.500-00 S 52.5D0-OD 13 6'1)iameterManholes 1304Deepl EA 6 $ 20,000-00 S 120.00000 14 54' Steel Encosemenf LF 3,050 S 500.00 S 525,000.00 15 36" Bore & Jack Installation Adder 4-1 O' DeepJ LF 0 $ 1DD.00 $ 16 36" Bore & Jack Installation Adder I 10-15" Deep) LF 200 $ 200,00 $ 40.ODD.DO 17 .36" Bore & lack Installation Adder 115-20 Deep LF 0 $ 300.00 $ 18 36' Brie & Jae klrWallaLonAdder 20-25 Deep] LF 6D0 S 360.00 $ 210,000.00 19 36' Bore & Jack Installation Adder 25-30 Deep) LF 150 $ 40D.00 $ 60A00-00 20 36' Bore & Jack Installation Adder 1304 Deep) LF 110 S M-00 b 49,5D0.DO 21 54" Bore & Jack Imfatlation Adder 4-1O' Deepj LF 0 $ 150.00 $ 22 54" Bore & Jack Installation Adder I10-15 Deep) LF 200 $ 250.00 S 50.000.00 23 .54" Bore & Jack Insfallation Adder (15-2(Y Deep) LF 0 $ 350.00 $ 24 54 Bore P, Jacl Instaltat.anAdder 20-25 Dee I LF 6DO $ 400.O0 S 240DDD-D0 25 54" Bore & Jack Installation Adder (25-30 DeepJ LF 150 $ 450.00 S 67.5DO 00 26 54 Bore&Jock lnsidWionAddor 30+Deep] LF 110 $ 500.00 $ 55.OD0.00 27 Connection to Exisfin EA 1 $ 1600.00 $ 3.6DODO 28 Trench Safety LF 12.500 S 4-00 $ 50. TO-0 29 Silt Fence LF 25,000 $ 1.00 $ 25,D00-00 3D TrvtftControl LF 4,500 $ 25-00 S 112,500.0D 31 Driveway Replocement SY 167 S 12D.00 S 20.DDD-00 32 dramulc% SY 28,000 $ 1-W S 28,DOO.00 33 Sod SY 10,000 $ 2.00 S 20.000.00 SD11•EO1A1 CONSTROCTFON COSTS 7,649.�75.p0 30%CONTINGENCY S 2.300,000.00 TOTAL OPINION OF CONSTRUCTION COSTS I S 9.969,475.00 Ordinance Number: 2021-- Page 24 of 29 Description: _ Case File Number: Date Approved: Exhibits Attached B. Kind, Number, Location of Public Improvements to be Financed by the TIRZ The TIRZ will finance one off -site public infrastructure improvement project, named the Dry Berry Creek Interceptor (DBCI). For the TIRZ to have sanitary sewer service, over 12,000 linear feet of 36" sanitary sewer trunk line will need to be installed. This line will run along the Dry Berry Creek bed and connect to the Berry Creek Interceptor, a City -managed capital improvement project. A schematic of the line is in the graphic below. C. Economic Feasibility Study A market and economic feasibility study for the North Georgetown TIRZ was produced by Capital Market Research Group and is attached at Exhibit2. Ordinance Number: 2021- Page 25 of 29 Description: Case File Number: Date Approved: Exhibits Attached D. Estimate of Bonded Indebtedness to be Incurred It is not anticipated that the City will issue debt to cover the costs of the related off -site public infrastructure improvements related to this project. The TIRZ/TIF will be reimbursement based only to the Developer. E. Time of Incurring Monetary Obligations The table below illustrates the estimated development schedule of the TIRZ site and the anticipated added value in years 2023 - 2026. The estimated contribution to the TIRZ fund each year is also shown. The calculations are based on the current real property tax rate and include an estimated inflation of 2% per year. 2023 37,200,000 37,200,000 149,172 1_ 2024 37,200,000 37,944,000 52,500,000 _90,444,000 362,680 217,608 2 2025 90,444,000 92.252.880 112,000,000 204,2U.W 819.054 491,432 3 2026 204,252,880 208,337,938 45,000,000 253,337,938 1,015,885 609,531 4. 2027 253.337.938 2S8.404.696 258.404.696 LOAM 621,722 5. 2028 258,404.696 263.572,790 263.572.790 1.056.927 634,156 6: 2029 263,572,790 268,844,246 268,844,246 1,078,065 592,v3G 7. 2030 268.844.246 274,221.131 274,221,131 1,099,627 6D4,70-5 8; 2031 274,221,131 279,705,554 279,705,554 11121,619 61ra;891 9' 2032 279.705.554 285,299,665 285,299,665 1,144,052 629,228 l0; 2033 285,299,665 291,005,658 291,005.658 1.166,933 641,F.1: 111 2034 291,005,658 296,825.771 296,825,771 1,190,271 595,13u 12 _ 2035 296,825,771 302,762,287 302.762.287 1,214,077 G07,0M 131 2036 302,762.287 308,817,532 308.817.532 1,238.358 u,:-,173 14� 2037 308,817,532 314,993,883 314,993,883 1,263,125 631.553 1512038 314,993_883 _3.21293,761 321,293,761 1,288,388 -� 644194 Total 246,700,000 16,244,437 8,757,2i2 BOSD Abatement 55%Abate[nent M Abatement Ordinance Number: 2021- Page 26 of 29 Description: Case File Number: Date Approved: Exhibits Attached F. Method of Financing/Sources of Revenue The City will establish a Tax Increment Fund (the "Fund") for the TIRZ in the ordinance designating the TIRZ. In accordance with Section 311.013 of the Act, the City will apply into the fund a portion of the increment generated. The proposed financing plan anticipates the City will participate in the Zone by contributing a portion of the incremental increase in real property ad valorem taxes following a 15-year contribution schedule that begins in 2024. The contribution schedule is 60% of the incremental tax increase in years 1-5, 55% of the incremental tax increase in years 2-10, and 50% of the incremental increase in years 11-15 with the last year of contribution being 2038. The tax increments deposited into the Fund will be used to pay for the approved project costs in accordance with the development agreement approved by the City of Georgetown. G. Current Appraised Value The base value, from which the captured appraised value is calculated, is the total assessed taxable value of all property within the TIRZ on January 1, 2021, as shown in the rolls of the Williamson County Appraisal District. R040489 1.92 $209,992 R040508 114.61 $11,786 R040488 102.91 $4,583 R040520 1.00 $45,898 R040496 2.80 $278,527 223.24 $550,786 Ordinance Number: 2021- Page 27 of 29 Description: Case File Number: Date Approved: Exhibits Attached H. Captured Appraised Value It is anticipated the taxable property values will increase approximately 2% every year. An estimate of the captured appraised value in each year of the projected life of the TIRZ is shown in the table below. 2023 - 37,200,000 37300,000 149.172 - 2024 37200,000 37,944XQ 52,500,000 90.444,000 362.689 217,608 145,072 2 2025 90A44,000 92,252.880 112.000.000 204,252.880 819,054 491,452 377,622 3 2026 204,252,880 208,337,938 45.000,000 IS3.337.938 1,015.885 609.531 406.354 4 2027 253,337.938 24404,b$6 258.404.696 1,036,203 621,722 414,481 5 2028 258,409.6% 263,571.7430 263.572.790 1,056,927 634,1% 422,771 6 20a 263.57090 266,844,246 24844,246 1,078.065 592,936 485,129 7 2030 266.844.246 274,221.131 274.221,131 1.099.627 &IM,775 494.832 8 2031 274,22 AU 279,705,554 279,705,554 1.122.619 6ib,_8} 504,729 9 2032 279,705.554 2851299.665 _ _ 265,298,665 1,144,02 643,228 514,823 10 2031 285,299,66E 29L0051658 291.005.658 1.166M3 641,h13 525,120 11 2034 291,O05.658 295,825,771 296.825,771 1,290.271 4?5•l'-6 595,136 12 2035 296,825.771 302,76L287 302,762,287 1.214,077 [-i.`,ll.l? 607.038 13 2036 302,762.287 M817,532 308.817432 12581358 U19,174 619,179 14 2037 308.81.7.532 314,9931883 114,991433 1,263,125 631,`_6= 631,563 1E 2039 314,993,f883 321l293761 321,293,761 1,288,388 U,41ta 644`194 'ToSsl 246,700,000 16,244,437 917571.222 7,815,043 60% Ab aee m en e SS94 Aba3nment 50%Abasemi nl I. Duration of the TIRZ The North Georgetown TIRZ is a 15-year TIRZ beginning January 1, 2024 and expiring December 31, 2038, unless sooner terminated as may be allowed by law. Ordinance Number: 2021- Page 28 of 29 Description: Case File Number: Date Approved: Exhibits Attached IV. BOARD OF DIRECTORS OF THE TIRZ The City Council will appoint the five -member board of Directors for the TIRZ to include: a Mayor ■ Councilmember District 5 • City Manager Assistant City Manager - Finance & Community Services • Economic Development Director City staff will prepare (i) an Annual TIRZ Budget; (ii) an Annual Report of TIRZ activities; and (iii) an Annual Financial Statement prepared in accordance with Generally Accepted Accounting Principles for presentation to the City Council. V. LIST OF EXHIBITS Exhibit 1 - Metes and Bounds of TIRZ a Exhibit 2 - Economic Feasibility Study Ordinance Number: 2021- Page 29 of 29 Description: Case File Number: Date Approved: Exhibits Attached