HomeMy WebLinkAboutResolution - 2014-R0271 - Tax Abatement Agreement - X-Fab Texas Inc. - 08/28/2014Resolution No. 2014-RO271
August 28, 2014
Item No. 5.3
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Tax Abatement Agreement
with X -Fab Texas, Inc. and all related documents. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council on
ATTEST:
RRebca Garza, City Sec •etary
APPROVED AS TO CONTENT:
Cheryl Brock
Executive Director of Budget
APPROVED AS TO FORM:
Linda L. Chamales.
Economic Development Attorney
LC: cityatt ! Linda i Res -Tax Abatement X -Fab 2014
August 14, 2014
August 28 2014.
GL . ROBERTSON, MAYOR
Resolution No. 2014-RO271
AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement made this 28th day of August , 2014, by and
between the City of Lubbock, Texas, a home rule municipality of the State of Texas
(hereinafter called "City"), and X -Fab Texas, Inc. (hereinafter called "X -Fab");
WITNESSETH:
WHEREAS, City received an application from X -Fab dated July 10, 2014 for tax
abatement for improvements to real property located at 2301 N. University Avenue, Lubbock,
Lubbock County, Texas which is further described in Exhibit "A" and for the addition of
tangible personal property improvements (equipment); and
WHEREAS, upon review of the above application it was determined that the facility
and real property is located in the Enterprise Zone, EZ/RZ #44 designated by the City in
Ordinance No. 2013-00108 covering the above described property; and
WHEREAS, the Guidelines and Criteria Governing Tax Abatement For Industrial
Projects in the City of Lubbock was adopted by Resolution No. 2013-RO370 of the City
Council of the City of Lubbock. A copy of the Guidelines and Criteria Governing Tax
Abatement for Industrial Projects in the City of Lubbock is attached as Exhibit "B" and
incorporated herein as if fully set forth; and
WHEREAS, the City complied with all the requirements set forth in V.T.C.A., Tax
Code, Section 312.201; and
WHEREAS, the City complied with all the criteria and guidelines as set forth in the
Guidelines and Criteria Governing Tax Abatement for Industrial Projects in the City of
Lubbock; and
WHEREAS, V.A.T.C., Tax Code, Sec. 312.002 specifically states that such a
purpose is to be included in the guidelines for tax abatement and to be eligible for such
treatment; and
WHEREAS, Section IV of the Guidelines and Criteria governing Tax Abatement for
Industrial Projects in the City of Lubbock recognizes expansion of an existing facility and
addition of personal property as being eligible for tax abatement status; and
WHEREAS, the City Council does hereby find that all of the Guidelines and Criteria
Governing Tax Abatement, as adopted by Resolution No. 2013-R0370 have been, or will be,
met by Company; and
WHEREAS, the location of the facility and surrounding real property, which are to be
the subject matter of this Agreement, are attached hereto as Exhibit "A" and made a part of this
Agreement for all purposes; and
NOW THEREFORE, for and in consideration of the premises and of the mutual terms,
covenants and conditions herein contained the City and X -FAB and do hereby agree as follows:
SECTION 1. Term. This Agreement shall commence January 1 of the tax year after
the required improvements and equipment are at least 90 percent complete and shall expire and
be of no further force and effect five (5) years after such date.
SECTION 2. Base Year. The base year applicable to real and personal property, which
is the subject of this Agreement, shall be 2014, and the assessed value of the real and personal
property shall be the assessed value applicable to such property for said year.
SECTION 3. Base Year Taxes. The taxes upon the real and personal property shall be
paid in accordance with the assessed value of such property for the base year. Base year taxes
upon the real property are thus not abated.
SECTION 4. Abatement of Increase in Base Year Tax. Because the real property
described in Exhibit A has been the subject of a previous ten year tax abatement, real property
taxes applicable to the real property subject to this Agreement shall not be abated, even to the
extent the value for any given year within the term of this Agreement exceeds the base year
taxes.
SECTION 5. Property Ineligible for Tax Abatement. The property described and set
forth in Section IV(6) of the Guidelines and Criteria Governing Tax Abatement for
Industrial Projects in the City of Lubbock (Exhibit "B") is incorporated by reference herein as
if fully set out in this Agreement and fully describes the property ineligible for tax abatement.
SECTION 6. Exemption from Tax. The City covenants and agrees to exempt from
taxation, in accordance with the appropriate Sections above, the following properties:
(a) All eligible tangible personal property (equipment), placed in or upon the
real property set forth in Exhibit "A", which does not include any equipment and
personal property owned by X -Fab and already located in the existing facility.
SECTION 7. Economic Qualifications. X -Fab agrees to expend funds necessary to
qualify for tax abatement by expanding and modernizing the existing facility owned by X -Fab,
as set forth in Section IV(3)(b) of the Guidelines and Criteria Governing Tax Abatement for
Industrial Projects in the City of Lubbock (Exhibit "B") on the property described in Exhibit
"A". A description of the kind, number and location of all proposed improvements is attached
in X-Fab's application, Exhibit "C" and incorporated herein as if fully set forth.
SECTION 8. Value of Improvements. In accordance with V.A.T.C., Tax Code, Section
312.204(a), which requires the owner of the property to make specific improvements or repairs
to the property in order to be eligible for tax abatement, X -Fab will expend approximately two
hundred fifty thousand dollars ($250,000.00) for the modernization of an existing facility
owned by X -Fab and thirteen million, nine hundred sixty-five thousand dollars
($13,965,000.00) on new equipment to be located on the property described in Exhibit "A"
which is within the Enterprise Zone designated by Ordinance No. 2013-00108.
SECTION 9. Product Distribution. X -Fab will certify to City that 50% or more of their
products are distributed outside of Lubbock County each year with their filing of the
Certification form with the City of Lubbock, as required in Section IV 1(b) of the Guidelines
and Criteria Governing Tax Abatement for Industrial Projects in the City of Lubbock.
SECTION 10. City Access to Property. X -Fab covenants and agrees that City shall
have access to the property, which is the subject matter of this Agreement, upon reasonable
notice and during normal business hours, and that municipal employees shall be able to inspect
the property and documents necessary to insure compliance with the terms and conditions of
Company's application for tax abatement, attached as Exhibit "C", and this Agreement.
SECTION 11. Portion of Tax Abated. City agrees, during the term of this Agreement,
to abate taxes on eligible property according to the following schedule.
Year 1:
100%
Year 2:
80%
Year 3:
60%
Year 4:
40%
Year 5:
20%
SECTION 12. Type of Improvements. X -Fab proposes to modify the existing facility
as described in Exhibit "C". X -Fab further states that the proposed improvements to the
property above mentioned shall commence on September 1, 2014, and shall be completed June
30, 2016. X -Fab may request an extension of the above date from City in the event
circumstances beyond the control of X -Fab necessitate additional time for completion of such
improvements and such consent shall not unreasonably be withheld. X -Fab shall provide proof
of completion within ten days of completion of improvements.
SECTION 13. Limitation on Use. X -Fab agrees to limit the use of the property set
forth in Exhibit "A" to commercial and/or industrial uses as those terms are defined in the
zoning ordinances of the City of Lubbock and to limit the uses of the property to uses
consistent with the general purpose of encouraging development of the enterprise zone during
the term of this agreement.
SECTION 14. Recapture. X -Fab agrees to be bound by and comply with all the terms
and provisions for recapture of abated taxes in the event of default by Company pursuant to law
and as set forth in Guidelines and Criteria for Tax Abatement in Exhibit "B."
SECTION 15. Certification. X -Fab agrees to certify annually in writing to the
governing body of each taxing unit that the owner is in compliance with the terms of the
Agreement.
SECTION 16. Compliance. The City may cancel or modify this Agreement if X -Fab
fails to comply with the Agreement.
SECTION 17. Notices. Notices required to be given by this Agreement shall be
mailed, certified mail return receipt requested, to the following addresses:
CITY OF LUBBOCK
City Manager
P.O. Box 2000
Lubbock, Texas 79457
Phone: (806) 775-2016
X -Fab TEXAS, INC.
Ed Pascasio, CFO
2301 N. University
Lubbock, Texas 79415
Phone: (806) 747-4400
SECTION 18. Effective Date. Notwithstanding anything contained herein to the
contrary, this Agreement shall not be effective until such time as it has been finally passed and
approved by the City Council.
EXECUTED on the 28th day of August , 2014.
X -FAB, TEXAS, INC.
Ed Pascasio, CFO
CITY OF LUBBOCK
A Municipal Corporation
L—'-�14WOOO"
GLWe. . RO RTSON, MAYOR
ATTEST:
Rebe ca Garza, City Secre ary
APPROVED AS TO CONTENT:
Cheryl Brock, Executive Director of Budget
APPROVED AS TO FORM:
Linda L. Chamales, Economic
Development Attorney
Lc cityatt/Linda/ Tax Abatement Agmt X -Fab 2014 Final
August 7, 2014
EXHIBIT A
Part II—Legal Description
EXHIBIT "A" LEGAL
DESCRIPTION
SITUATED in the City of Lubbock and being all of Tract A, Texas Instruments Addition, an
addition to the City of Lubbock according to the map, plat and/or dedication deed thereof;
recorded in Volume 1363, Page 977, Deed Records of Lubbock County, Texas (D.R.L.C.T.)
and all of that abandoned Drake Street as described by Correction Quit Claim Deed from the
City of Lubbock to Texas Instruments Incorporated, a Delaware corporation, recorded in
Volume 1541, Page 32, D.R.L.C.T. and being more particularly described by metes and bounds
as follows:
BEGINNING at an aluminum disk monument found at the Northeast corner of said Drake Street on
the South line of Block 1, Lubbock State School Addition, an addition to the City of Lubbock,
according to the map, plat and/or dedication deed thereof recorded in Volume 1143, Page 677,
D.R.L.C.T. and also being North 0 deg. 01 min. 09 sec. East - 10.00 feet from the Northwest comer
of Lot 1, Lawson Addition, an addition to the City of Lubbock, according to the map, plat and/or
dedication deed thereof recorded in Volume 838, Page 211, D.R.L.C.T.
THENCE South 0 deg. 01 min. 09 sec. West, along the East line of said abandoned Drake Street, at
10.00 feet, passing the Northwest comer of said Lawson Addition, continuing along the West line of
said Lawson Addition, at 60.00 feet, passing the Southeast corner of said abandoned Drake Street
and the most Northerly Northeast comer of said Texas Instruments Addition, continuing on for a
total distance of 139.91 feet to an aluminum disk monument found for the Southwest corner of said
Lawson Addition;
THENCE South 89 deg. 58 min. 01 sec. East, along the North line of said Texas Instruments
Addition and the South line of said Lawson Addition, a distance of 143.27 feet to an aluminum disk
monument found for the most Easterly Northeast comer of said Texas Instruments Addition and the
Southeast corner of said Lawson Addition on the West Right-of-way of University Avenue (F.M.
1264, variable width R.O.W.);
THENCE South 0 deg. 32 min. 04 sec. East, along the East line of said Texas Instruments
Addition and the West Right-of-way of said University Avenue, a distance of 2422.31 feet to a
1/2 inch iron rod set for corner;
THENCE North 89 deg. 27 min. 56 sec. East, along the East line of said Texas Instruments Addition
and the West Right-of-way of said University Avenue, a distance of 10.00 feet to a 1/2 inch iron rod
set for comer in the North Right-of-way of Loop 289 at the beginning of a curve to the right having a
radius that bears North 89 deg. 50 min. 33 sec. West, a distance of 215.00 feet;
THENCE Along the North Right-of-way of said Loop 289 and along said curve to the right, with
a chord that bears South 42 deg. 01 min. 23 sec. West - 286.98 feet, through a central angle of 83
deg. 43 min. 52 sec. and an arc length of 314.20 feet to a concrete Right-of-way marker found for
comer at the end of said curve;
THENCE South 84 deg. 14 min. 24 sec. West, along the North Right-of-way of said Loop 289,
a distance of 833.14 feet to an aluminum disk monument found for corner at the beginning of a
curve to the left having a radius that bears South OS deg. 45 min. 28 sec. East, a distance of
5879.65 feet;
THENCE Along the North Right-of-way of said Loop 289 and along said curve to the left,
with a chord that bears South 82 deg. 04 min. 50 sec. West - 443.52 feet, through a central
angle of 04 deg. 19 min. 23 sec. and an arc length of 443.63 feet to an aluminum disk
monument found • for corner at the end of said curve;
THENCE South 83 deg. 47 min. 51 sec. West, along the North Right-of-way of said Loop
289,. a distance of 766.83 feet to a concrete Right-of-way marker found for corner;
THENCE South 73 deg. 26 min. 45 sec. West, along the North Right-of-way of said Loop 289,
a distance of 266.20 feet to an aluminum disk monument found for corner;
THENCE South 89 deg. 52 min. 26 sec. West, along the North Right-of-way of said Loop 289,
a distance of 599.04 feet to an aluminum disk monument found for the Southwest corner of
said Texas Instruments Addition and the Southeast comer of a called 286.15 acre tract of land
conveyed to the City of Lubbock as described in a deed recorded in Volume 370, Page 55,
D.R.L.C.T.;
THENCE North 0 deg. 00 min. 37 sec. East, along the West line of said Texas Instruments
Addition and the East line of said 286.15 acre tract, a distance of 2318.79 feet to an
aluminum disk monument found for the most Westerly Northwest corner of said Texas
Instruments Addition;
THENCE South 89 deg. 56 min. OS sec. East, a distance of 100.19 feet to an aluminum disk
monument found for an inside ell corner of said Texas Instruments Addition;
THENCE North 0 deg. 00 min. OS sec. West, along the West line of said Texas Instruments
Addition and the East line of said 286.15 acre tract, at 706.65 feet, passing the Southwest
comer of the above mentioned abandoned Drake Street and continuing for a total distance of
766.65 feet to an aluminum disk monument found for the most Northerly Northwest corner of
said Texas Instruments Addition and the Northwest corner of said abandoned Drake comer on
the South line of the above mentioned Block 1, Lubbock State School Addition;
THENCE South 89 deg. 53 min. 30 sec. East, along the North line of said Drake Street and
the South line of Block 1, Lubbock State School Addition, a distance of 2800.50 feet to the
POINT OF BEGINNING and containing 203.377 acres of land.
EXHIBIT B
Resolution No. 2013-RO370
November 7, 2013
Item No. 5.5 RESOLUTION
WHEREAS, in November of 2011, the City of Lubbock approved uniform guidel'nes
and criteria for tax abatement for industrial projects within the City of Lubbock; and
WHEREAS, state law requires that the guidelines and criteria approved must be re-
adopted every two years, and the City of Lubbock desires to approve new guidelines for
industrial tax abatement; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby approves and adopts "Guidelines
and Criteria Governing Tax Abatement for Industrial Projects in the City of Lubbock", which
guidelines and criteria are attached as Exhibit "A" and are made a part hereof for all intents and
purposes. These guidelines shall become effective upon expiration of the previously approved
guidelines.
Passed by the City Council on November 7 , 2013.
- RCAKRTSON, MAYOR
ATTEST:
Reb cca Garza, City Secre
APPROVED AS TO CONTENT:
Cheryl Brock, Executive Director of Budget
APPROVED AS TO FORM:
Linda Chamales,
Economic Development Attorney
Lc: city att/Linda/Resolutions/Res-Tax AbatementlndustrialOuidelincs-2013
October 23, 2013
Exhibit "A"
City of Lubbock, TX
Guidelines and Criteria Governing Tax Abatement For
Industrial Projects In The City of Lubbock
SECTION I. General Puroose:
The City of Lubbock (City) is committed to the promotion of high quality development in all parts of the
City of Lubbock, Texas; and to an ongoing improvement in the quality of life for the citizens residing
within the City. The City recognizes that these objectives are generally served by enhancement and
expansion of the local economy. The City will, on a case by case basis, give consideration to providing tax
abatement, as authorized by V.T.C.A., Tax Code, Chapter 312, as stimulation for economic development
within the City. It is the policy of the City that said consideration will be provided in accordance with the
guidelines and criteria herein set forth and in conformity with the Tax Code.
Nothing contained herein shall imply, suggest or be understood to mean THAT the City is under any
obligation to provide tax abatement to any applicant and attention is called to V.T.C.A., Tax Code, Section
312.002(d). With the above rights reserved all applications for tax abatement will be considered on a case
by case basis.
SECTION Il. Definitions:
As used within these guidelines and criteria, the following words or phrases shall have the following
meaning:
1. Abatement of Taxes: To exempt from ad valorem taxation all or part of the value of certain
Improvements placed on land located in a Reinvestment Zone designated for economic
development purposes as of the date specified in the Tax Abatement Agreement for a period
of time not to exceed ten (10) years.
2. Abatement Agreement: (1) A contract between a property owner and the City for the
abatement of taxes on qualified property located within a Reinvestment Zone; or, (2) a
contract for the abatement of taxes between the City and a certified air carrier who owns or
leases Real Property located within the Reinvestment Zone or Personal Property or both as
authorized by V.T.C.A., Tax Code, Section 312.204(e)
3. Advanced Technologies: advanced manufacturing which requires higher skills and results
in higher wages and investment.
4. Base Year Value: The assessed value of property eligible for tax abatement as of January 1
preceding the execution of an Abatement Agreement as herein defined.
5. Distribution Center Facility: A building or structure including Tangible Personal Property
used or to be used primarily to receive, store, service or distribute goods or materials.
6. Expansion of Existing Facilities or Structures: The addition of buildings, structures,
machinery or equipment to a Facility.
7. Existing Facility or Structure: A facility as of the date of execution of the Tax Abatement
Agreement, located in or on Real Property eligible for tax abatement.
8. Facility: The improvements made to Real Property eligible for tax abatement and including
the building or structure erected on such Real Property and/or any Tangible Personal Property
to be located in or on such property.
2013 Industrial Tax Abatcmcnt Guidclincs
Novcmbcr 7, 2013
9. Information and Data Center: Facility used to house computer systems and associated
components, such as telecommunications and storage systems. The main purpose of the
facility is running applications that handle the core business and operational data of
organizations, off-site backups and other informational operations.
10. Improvements to Real Property or Improvements: Shall mean the construction, addition
to, structural upgrading of, replacement of, or completion of any facility located upon, or to
be located upon, Real Property, as herein defined, or any Tangible Personal Property placed
in or on said Real Property.
11. Manufacturing Facility: A Facility which is or will be used for the primary purpose of the
production of goods or materials or the processing or change of goods or materials to a
finished product.
12. Medical Services: Facilities such as hospitals, specialty hospitals and other like facilities that
are classified under North American Industrial Classification System Code 622.
13. Modernization/Renovation of Existing Facilities: The replacement or upgrading of
existing facilities.
14. New Facility: The construction of a Facility on previously undeveloped Real Property
eligible for tax abatement.
15. New Permanent Job: A new employment position created by a business that has provided
employment to an employee of at least 1,820 hours annually and intended to be an
employment position that exists during the life of the abatement.
16. Other Basic Industry: A Facility other than a distribution center facility, a research facility,
a regional service facility or a manufacturing facility which produces goods or services or
which creates new or expanded job opportunities and services a market of which 50% of
revenues come from outside of Lubbock County, Texas.
17. Owner: The record title owner of Real Property or the legal owner of Tangible Personal
Property. In the case of land leased from the City or buildings leased from a private party or
tax exempt property, the lessee shall be deemed the owner of such leased property together
with all improvements and Tangible Personal Property located thereon.
18. Productive Life: The number of years a Facility is expected to be in service.
19. Real Property: Land on which improvements are to be made or fixtures placed.
20. Regional Services Facility: A Facility, the primary purpose of which is to service or repair
goods or materials and which creates job opportunities within the affected jurisdictions.
21. Reinvestment Zone: Real Property designated as a Reinvestment Zone under the provisions
of V.T.C.A., Tax Code, Section 312.202.
22. Research Facility: A Facility used or to be used primarily for research or experimentation to
improve or develop new goods and/or services or to improve or develop the production
process for such goods and/or services.
23. Tangible Personal Property: Any Personal Property, not otherwise defined herein and
which is necessary for the proper operation of any type of Facility.
2013 Industrial Tax Abatcmcnt Guidclincs
Novcmbcr 7, 2013
SECTION III. Intent of Criteria and Guidelines:
The Intent of the criteria and guidelines, as herein set forth, is to establish the minimum standards which an
applicant for tax abatement must meet in order to be considered for such status by the City.
SECTION IV. Criteria and Guidelines for Tax Abatement:
Any type of Facility will be eligible for tax abatement consideration provided such Facility meets the
following guidelines and criteria:
1. To qualify for Tax Abatement, the company must meet both of the following criteria:
a) The modernization or expansion of an existing facility of any type as herein defined or
construction of a new facility of any type as herein defined.
b) Producer, manufacturer or distributor of goods and services of which 50 percent or more
are distributed outside of Lubbock County.
2. In addition to the aforementioned, the City will consider abatement only if the company
meets one of the following criteria:
a) One of the following target industries:
i) Advanced Technologies and Manufacturing
ii) Value-added Agricultural Production including Food Processing and Machinery
iii) Research and Development
iv) Medical Services (as defined in Section II Definitions)
v) Warehouse/Distribution
vi) Corporate Headquarters of a Regional/National Service Center
vii) Information and Data Centers
b) The project is not included as a target industry, but has the potential of generating
additional, significant economic development opportunities to Lubbock.
3. The company must meet one of the following criteria:
a) The project will add at least $1 million in Real Property improvements, or $2 million
in new Personal Property, or 25 new permanent jobs if the facility is a new company to
Lubbock.
b) The project will add at least $500,000 in Real Property improvements, or $1 million in
new Personal Property, or 15 new permanent jobs if the facility is an existing company.
2013 Industrial Tax Abatcmcnt Guidclincs
Nowmber 7, 2013
4. New or existing facilities of any type herein defined, located in a Reinvestment Zone or upon
Real Property eligible for such status will be eligible for consideration for tax abatement
status provided that all other criteria and guidelines are satisfied.
5. Improvements to Real Property are eligible for tax abatement status.
6. The following types of Property shall be ineligible for tax abatement status and shall be fully
taxed:
a) Real Property;
b) inventories or supplies;
C) tools;
d) furnishings and other forms of movable personal property;
e) vehicles;
f) aircraft;
g) housing (single family and multi -family);
h) boats;
i) hotel accommodations;
j) motel accommodations;
k) retail businesses;
1) property owned by the State of Texas or any State agency; and,
m) property owned or leased by a member of the City that did not have an active tax
abatement in place before they became a member of the governing body or commission.
7. In order for a Facility to qualify for abatement, the following conditions must apply:
a) The owner or leaseholder of Real Property must make eligible improvements to the real
property; and,
b) In the case of lessees, the leaseholder must have a lease commitment of at least five (5)
years.
S. In Reinvestment Zones, the amount and term of abatement shall be determined on a case by
case basis, however, in no event shall taxes be abated for a term in excess of ten (10) years.
The amount of the taxable value of improvements to be abated and the term of the abatement
shall be determined by the City in all cases where the property for which tax abatement is
applied for is within the City limits of the City or by the County of Lubbock in all cases
where the property for which tax abatement is applied for is outside of the City limits of a
municipality, but within the County of Lubbock, except that a Reinvestment Zone that is a
State Enterprise Zone is designated for the same period as a State Enterprise Zone as
4
2013 Industrial Tax Abatcmcnt Guidclincs
Novcmbcr 7, 2013
provided by Chapter 2303, Government Code. The authority of all other taxing units shall be
as set forth in V.T.C.A., Tax Code, Section 312.206.
In Enterprise Zones, the governing body of each taxing jurisdiction may execute a written
agreement with the owner of the property. The agreement may, but is not required to, contain
terms that are identical to those contained in the agreement with the municipality, county, or
both, whichever applies, and the only terms for the agreement that may vary are the portion of
the property that is to be exempt from taxation under the agreement and the duration of the
agreement.
9. No property shall be eligible for tax abatement unless such property is located in a
Reinvestment Zone in accordance with V.T.C.A., Tax Code, Section 312.202 and the tax
abatement application is filed with the City before construction begins.
10. Notwithstanding any of the requirements set forth in Section IV(3), the Lubbock City Council
upon the affirmative vote of a three-fourths (3/4) of its members may vary any of the above
requirements when variation is demonstrated by the applicant for tax abatement that variation
is in the best interest of the City to do so and will enhance the economic development of the
City. By way of example only and not by limitation the Lubbock City Council may consider
the following or similar terms in determining whether a variance shall be granted:
a) That the increase in productivity of the Facility will be substantial and hence directly
benefit the economy.
b) That the increase of goods or services produced by the Facility will be substantial and
directly benefit the economy.
c) That the employment maintained at the Facility will be increased.
d) That the waiver of the requirement will contribute and provide for the retention of
existing jobs within the City.
e) Any other evidence tending to show a direct economic benefit to the City.
11. Taxability:
a) The portion of the value of improvements to be abated shall be abated in accordance with
the terms and provisions of a Tax Abatement Agreement executed between the City and
the owner of the Real Property and/or Tangible Personal Property, (which agreement
shall be) in accord with the provisions of V.T.C.A., Tax Code, Section 312.205.
b) All ineligible property, if otherwise taxable as herein described, shall be fully taxed.
12. The Lubbock City Council shall have total discretion as to whether tax abatement is to be
granted. Such discretion, as herein retained, shall be exercised on a case by case basis. The
adoption of these guidelines and criteria by the Lubbock City Council does not:
a) Limit the discretion of the Lubbock City Council to decide whether to enter into a
specific Tax Abatement Agreement;
b) Limit the discretion of the Lubbock City Council to delegate to its employees the
authority to determine whether or not the Lubbock City Council should consider a
particular application or request for tax abatement; or,
2013 Industrial Tax Abatcmcnt Guidclincs
Novcmbcr 7. 2013
c) Create any property, contract, or other legal right in any person to have the Lubbock City
Council consider or grant a specific application or request for tax abatement.
13. The burden to demonstrate that an application for tax abatement should be granted shall be
upon the applicant. The City shall have full authority to request any additional information
from the applicant that the Lubbock City Council deems necessary to assist it in considering
such application.
SECTION V. Criteria and Guidelines for Creation of Reinvestment_ Zone:
1. No Property shall be eligible for tax abatement unless such property is located in a
Reinvestment Zone designated as such in accordance with V.T.C.A., Tax Code, Section
312.202. To be designated as a Reinvestment Zone an area must meet one of the following:
a) Substantially arrest or impair the sound growth of the municipality or county creating the
zone, retard the provision of housing accommodations, or constitute an economic or
social liability and be a menace to the public health, safety, morals, or welfare in its
present condition and use because of the presence of:
1. a substantial number of substandard, slum, deteriorated, or deteriorating structures;
2. the predominance of defective or inadequate sidewalks or streets;
3. faulty size, adequacy, accessibility or usefulness of lots;
4. unsanitary or unsafe conditions;
5. the deterioration of site or other improvements;
6. tax or special assessment delinquency exceeding the fair value of the land;
7. defective or unusual conditions of title;
8. conditions that endanger life or property by fire or other cause; or,
9. any combination of these factors;
b) Be predominantly open and, because of obsolete platting, deterioration of structures or
site improvements, or other factors, substantially impair or arrest the sound growth of the
municipality;
c) Be in a federally assisted new community located in a home rule municipality or in an
area immediately adjacent to a federally assisted new community located in a home rule
municipality;
d) Be located entirely in an area that meets the requirements for federal assistance under
Section 119 of the Housing and Community Development Act of 1974 (42 U.S.C.
Section 5318);
e) Encompass signs, billboards, or other outdoor advertising structures designated by the
governing body of the municipality for relocation, reconstruction, or removal for the
2013 Industrial Tax Abatcmcnt Guidclincs
Novcmbcr 7, 2013
purpose of enhancing the physical environment of the municipality, which the legislature
declares to be a public purpose; or,
f) Be 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 municipality.
2. For purposes of this Section, federally assisted new community is a federally assisted area:
a) That has received or will receive assistance in the form of loan guarantees under Title X
of the National Housing Act (12 U.S.C., Section 1749aa et seq); and,
b) A portion of which has received grants under Section 107 (a)(1) of the Housing and
Community Development Act of 1974, as amended.
3. The Lubbock City Council, as required by Section 312.201, shall hold a public hearing on the
designation of an area within its jurisdiction as a Reinvestment Zone. The burden shall be on
the owner of the property sought to be included in the zone or applicant for the creation of the
Reinvestment Zone to establish the following:
a) That the requirements of Subsection 1 of this Section have been met.
b) That the improvements sought are feasible and practical.
4. No later than the seventh day before the date set for the above public hearing notice of such
hearing shall be:
a) Published in a newspaper having general circulation in the City.
b) Delivered in writing to the presiding officer of the governing body of each taxing unit
that includes in its boundaries Real Property that is to be included in the Reinvestment
Zone.
5. At the public hearing above described in Section 3 above, any interested person is entitled to
speak and present evidence for or against the designation of such Reinvestment Zone.
6. At the conclusion of the hearing described in Section 3 above, the Lubbock City Council shall
enter its findings as follows:
a) That the applicant or owner has or has not met his burden as hereinabove set forth,
and/or,
b) That the improvements sought are or are not feasible and practical.
c) That the proposed improvements sought will or will not be a benefit to the land to be
included in the Reinvestment Zone and to the City after the expiration of an agreement
entered into under V.T.C.A., Tax Code, Section 312.204.
7. An application for the creation of a Reinvestment Zone shall not be granted unless the City
enters affirmative findings to Subsections a, b, and c of Section 6 above set forth.
2013 Industrial Tax Abatcmcnt Guidclincs
Novcmbcr 7, 2013
8. At the conclusion of the public hearing herein required and upon the affirmative finding of
the Lubbock City Council as required by Section 7 above set forth, the governing body may
designate a Reinvestment Zone in accordance with the provisions of V.T.C.A., Tax Code,
Sections 312.201.
9. The designation of a Reinvestment Zone expires five years after the date of the designation
and may be renewed for periods not to exceed five years, except that a Reinvestment Zone
that is a State Enterprise Zone is designated for the same period as a State Enterprise Zone as
provided by Chapter 2303, Government Code. The expiration of the designation does not
affect an existing Tax Abatement Agreement made in accordance with V.T.C.A., Tax Code,
Section 312.201 through Section 312.209.
10. Designation of an area as an Enterprise Zone under the Texas Enterprise Zone Act, Chapter
2303, Subchapter C, Texas Government Code, constitutes designation of the area as a
Reinvestment Zone under Subchapter B of the Property Redevelopment and Tax Abatement
Act without further hearing or other procedural requirements other than those provided by the
Texas Enterprise Zone Act, Chapter 2303, Subchapter C, Texas Government Code.
SECTION VI. Tax Abatement Agreement:
1. After the creation of a Reinvestment Zone as hereinabove authorized a Tax Abatement
Agreement may be executed between the owner and City. A Tax Abatement Agreement
shall:
a) Establish and set forth the Base Year assessed value of the property for which tax
abatement is sought.
b) Provide that the taxes paid on the base year assessed value shall not be abated as a result
of the execution of said Tax Abatement Agreement.
c) Provide that ineligible property as subscribed in Section IV(6) hereinabove shall be fully
taxed.
d) Provide for the exemption of improvements in each year covered by the agreement only
to the extent the value of such improvements for each such year exceeds the value for the
year in which the agreement is executed.
e) Fully describe and list the kind, number and location of all proposed improvements to be
made in or on the Real Property.
f) Set forth the estimated value of all improvements to be made in or on the Real Property.
g) Clearly provide that tax abatement shall be granted only to the extent:
1. The improvements to Real Property increase the value of the Real Property for the
year in which the Tax Abatement Agreement is executed; and,
That the Tangible Personal Property improvements to Real Property were not
located on the Real Property prior to the execution of the Tax Abatement
Agreement.
2013 Industrial Tax Abatcmcnt Guidclincs
Novcmbcr 7, 2013
h) Provide for the portion of the value of the improvements to Real Property of
improvements to be abated. This determination is to be made consistent with the
provisions of Section IV(6) of these guidelines and criteria as hereinabove set forth.
i) Provide for the commencement date and the termination date. In no event shall the
commencement date occur prior to 90 percent completion of the project (both Real and
Personal Property). In no event shall the termination date exceed a period of ten years
from the commencement date.
j) Describe the type and proposed use of the improvements to Real Property or
improvements including:
1. The type of facility.
2. Whether the improvements are for a new facility, modernization of a facility, or
expansion of a facility.
3. The nature of the construction, proposed time table of completion, a map or
drawings of the improvements above mentioned.
4. The amount of investment and the commitment for the creation of new jobs.
5. A list containing the kind, number and location of all proposed improvements.
6. Any other information required by the City.
k) Provide a legal description of the Real Property upon which improvements are to be
made.
1) Provide access to and authorize inspection of the Real Property or improvements by
employees of the City, who have executed a Tax Abatement Agreement with owner to
insure improvements are made according to the specifications and conditions of the Tax
Abatement Agreement.
m) Provide for the limitation of the uses of the Real Property or improvements consistent
with the general purpose of encouraging development or redevelopment of the zone
during the period covered by the Tax Abatement Agreement.
n) Provide the contractual obligations in the event of default by owner, violation of the
terms or conditions by owner, recapturing property tax revenue in the event owner
defaults or otherwise fails to make improvements as provided in said Tax Abatement
Agreement, and any other provision as may be required or authorized by State Law.
o) Contain each term agreed to by the owner of the property.
p) Require the owner of the property to certify annually to the Lubbock City Council that
the owner is in compliance with each applicable term of the agreement.
q) Provide that the Lubbock City Council may cancel or modify the agreement if the
property owner fails to comply with the agreement.
2. Not later than the seventh day before the City (as required by V.T.C.A., Tax Code, Section
312.2041) enters into an agreement for tax abatement under V.T.C.A., Tax Code, Section
2013 Industrial Tax Abatcmcnt Guidclincs
Novcmbcr 7, 2013
312.204, the Lubbock City Council or a designated officer or employee thereof shall deliver
to the presiding officer of the governing body of each of the taxing units in which the
property to be subject to the agreement is located, a written notice that the City intends to
enter into the agreement. The notice must include a copy of the proposed Tax Abatement
Agreement.
3. A notice, as above described in Section 2, is presumed delivered when placed in the mail,
postage paid and properly addressed to the appropriate presiding officer. A notice properly
addressed and sent by registered or certified mail for which a return receipt is received by the
sender is considered to have been delivered to the addressee.
4. Failure to deliver the notice does not affect the validity of the agreement.
SECTION VII. Application:
1. Any present owner of taxable property located within an affected jurisdiction may apply for
tax abatement by filing an application with the City of Lubbock. The application has to be
filed with the City prior to the construction start.
2. The application shall consist of a completed application form accompanied by:
a) A general description of the improvements to be undertaken.
b) A descriptive list of the improvements for which tax abatement is requested.
c) A list of the kind, number and location of all proposed improvements of the Real
Property Facility or Existing Facility.
d) A map indicating the approximate location of improvements on the Real Property
Facility or Existing Facility together with the location of any or all Existing Facilities
located on the Real Property or Facility.
e) A list of any and all Tangible Personal Property presently existing on the Real Property
or located in an existing facility.
f) A legal description of property.
g) Address of property.
h) A proposed time schedule for undertaking and completing the proposed improvements.
i) A general description stating whether the proposed improvements are in connection with:
1. the modernization of a facility (of any type herein defined); or,
2. construction of a new facility (of any type herein defined); or,
3. expansion of a facility (of any type herein defined); or,
4. any combination of the above.
IIE
2013 Industrial Tax Abatcmcnt Guidclincs
Ncvcmbcr 7, 2013
j) A statement of the additional value to the Real Property or Facility as a result of the
proposed improvements.
k) A statement of the assessed value of the Real Property, Facility or Existing Facility for
the Base Year.
1) Information concerning the number of new jobs that will be created or information
concerning the number of existing jobs to be retained as result of the improvements
undertaken.
m) A statement certifying that the business, or a branch, division, or department of the
business, does not and will not knowingly employ an undocumented worker.
n) Any other information which the City of Lubbock deems appropriate for evaluating the
financial capacity of the applicant and compatibility of the proposed improvements with
these guidelines and criteria.
o) Information that is provided to the City in connection with an application or request for
tax abatement and which describes the specific processes or business activity to be
conducted or the equipment or other property to be located on the property for which tax
abatement is sought is confidential and not subject to public disclosure until the Tax
Abatement Agreement is executed. Information in the custody of the City after the
agreement is executed is not confidential. (V.T.C.A., Tax Code, Section 312.003).
p) The City shall determine if the property described in said application is within a
designated Reinvestment Zone. If the City determines that the property described is not
within a current Reinvestment Zone then they shall so notify the applicant and said
application shall then be considered both as an application for the creation of a
Reinvestment Zone and a request for tax abatement to be effective after the zone is
created.
SECTION VIII. Investment/Jobs Documentation
1. The investment commitment in the Tax Abatement Agreement will be verified as follows:
a. The City will request the value of the Real and Personal Property from the Lubbock
Central Appraisal Value, and if the value minus the base year, meets the agreement
commitment, it will service as verification that the investment met the requirement in the
agreement; or
b. If the Lubbock Central Appraisal District value, minus the base year value, does not meet
the investment commitment in the agreement, the Company will provide invoices
documenting the actual investment to verify the investment met the investment
commitment in the agreement.
2. Confirmation of the job creation requirement:
a. The company will provide the City with a copy of the State Employment report filed with
the State of Texas for the quarter ending after the date in the agreement that the jobs are
required to be created.
2013 Industrial Tax Abatcmcnt Guidclincs
Novcmbcr 7, 2013
Job creation will be audited annually to assure retention of jobs. Each year during the City
audit of Tax Abatement Agreements, the company will provide the City with the 4d' quarter
employment report filed with the State of Texas to confirm job retention. If the employment
in the 4" quarter report does not meet the requirement for retention of the created jobs, the
City may request the quarterly reports for the 1", 2nd, and 3`d quarters of that audit year to
determine compliance. The City may request and the company shall promptly provide any
additional information that the City deems necessary to confirm that the company is in
compliance with the terms of the Tax Abatement Agreement.
SECTION IX. Default Options
1. In the event that the applicant, owner or lessee has entered into a Tax Abatement Agreement
to make improvements as defined in Section IV(2) above, but fails to undertake or complete
such improvements; fails to create all or a portion of the new jobs provided by the Tax
Abatement Agreement; or is in default of any of the terms or conditions contained in the Tax
Abatement Agreement; then in such event the City shall give the applicant or owner sixty
(60) days notice of such failure. The applicant or owner shall demonstrate to the satisfaction
of the City above mentioned that the applicant or owner has commenced to cure such failure
within the sixty (60) days above mentioned. In the event the applicant or owner fails to
demonstrate that he is taking affirmative action to cure his failure, the City shall have three
options:
(a) The City may renegotiate the Tax Abatement Agreement with the applicant or owner in
which case the current Guidelines and Criteria Governing Tax Abatement for Industrial
Projects in the City of Lubbock shall apply to the new Agreement; or
(b) The City may determine that good cause exists to cancel the Tax Abatement Agreement
and all abatement of taxes shall terminate immediately; or
(c) The City may terminate the Tax Abatement Agreement and recapture taxes abated under
Section X, Recapture.
2. In any of the three options in Paragraph 1 above, the City shall determine whether default has
occurred by the applicant or owner in the terms and conditions of the Tax Abatement
Agreement and shall so notify all other affected jurisdictions.
SECTION X. Recapture
In the event that any type of facility is completed and begins producing goods or services, but
subsequently discontinues producing goods or services for any reason, excepting fire,
explosion or other casualty or accident or natural disaster or other event beyond the
reasonable control of applicant or owner for a period of 180 days during the term of a Tax
Abatement Agreement, then in such event the Tax Abatement Agreement shall terminate and
all abatement of taxes shall likewise terminate. Taxes abated during the calendar year in
which termination takes place shall be payable to the City by no later than January 31st of the
following year. Taxes abated in years prior to the year of termination shall be payable to the
City within sixty (60) days of the date of termination. The burden shall be upon the applicant
or owner to prove to the satisfaction of the City that the discontinuance of producing goods or
services was as a result of fire, explosion, or other casualty or accident or natural disaster or
other event beyond the control of applicant or owner. In the event that applicant or owner
meets this burden and the City is satisfied that the discontinuance of the production of goods
12
2013 Industrial Tax Abatcmcnt Guidclincs
Nowntbcr 7, 2013
or services was the result of events beyond the control of the applicant or owner, then such
applicant or owner shall have a period of one year in which to resume the production of
goods and services. In the event that the applicant or owner fails to resume the production of
goods or services within one year, then the Tax Abatement Agreement shall terminate and the
abatement of all taxes shall likewise terminate. Taxes abated during the calendar year in
which termination takes place shall be payable to the City by no later than January 31st of the
following year. Taxes abated in years prior to the year of termination shall be payable to the
City within sixty (60) days of the date of termination. The one year time period, hereinabove
mentioned, shall commence upon written notification from the City to the applicant or owner.
2. In the event that the applicant or owner has entered into a Tax Abatement Agreement to make
improvements to a facility of any type described in Section I above, but fails to undertake or
complete such improvements or fails to create all or a portion of the number of new jobs
provided by the Tax Abatement Agreement, then in such event the City shall give the
applicant or owner sixty (60) days notice of such failure. The applicant or owner shall
demonstrate to the satisfaction of the City, above mentioned, that the applicant or owner has
commenced to cure such failure within the sixty (60) days above mentioned. In the event that
the applicant or owner fails to demonstrate that he is taking affirmative action to cure his
failure, then in such event the Tax Abatement Agreement shall terminate and all abatement of
taxes shall likewise terminate. Taxes abated during the calendar year in which termination
takes place shall be payable to the City by no later than January 31" of the following year.
Taxes abated in years prior to the year of termination shall be payable to the City within sixty
(60) days of the date of termination.
In the event that the City determines that the applicant or owner is in default of any of the
terms or conditions contained in the Tax Abatement Agreement, then in such event the City,
shall give the applicant or owner sixty (60) days written notice to cure such default. In the
event such default is not cured to the satisfaction of the City within the sixty (60) days notice
period, then the Tax Abatement Agreement shall terminate and all abatement of taxes shall
likewise terminate. Taxes abated during the calendar year in which termination takes place
shall be payable to the City by no later than January 3181 of the following year. Taxes abated
in years prior to the year of termination shall be payable to the City within sixty (60) days of
the date of termination.
4. In the event that the applicant or owner allows ad valorem taxes on property ineligible for tax
abatement owed to the City, to become delinquent and fails to timely and properly follow the
legal procedures for their protest or contest, then in such even the Tax Abatement Agreement
shall terminate and all abatement of taxes shall likewise terminate. Taxes abated during the
calendar year in which termination, under this Section, takes place shall be payable to the
City by no later than January 31" of the following year. Taxes abated in years prior to the
year of termination shall be payable to the City within sixty (60) days of the date of
termination.
In the event that the applicant or owner, who has executed a Tax Abatement Agreement with
the City, relocates the business for which tax abatement has been granted, to a location
outside of the designated Reinvestment Zone, then in such event, the Tax Abatement
Agreement shall terminate after sixty (60) days written notice by the City to the applicant or
owner. Taxes abated during the calendar year in which termination, under this Section takes
place shall be payable to the City by no later than January 31" of the following year. Taxes
abated in years prior to the year of termination shall be payable to the City within sixty (60)
days of the date of termination.
13
2013 Industrial Tax Abatement Guidelines
November 7, 2013
6. The date of termination as that term is used in this Section 1X shall, in every instance, be the
60'h day after the day the City sends notice of default, in the mail to the address shown in the
Tax Abatement Agreement to the applicant or owner. Should the default be cured by the
applicant or owner within the sixty (60) day notice period, the applicant or owner shall be
responsible for so advising the City and obtaining a release from the notice of default from
the City, failing in which, the abatement remains terminated and the abated taxes must be
paid.
7. In every case of termination set forth in Paragraphs 1, 2, 3, 4, and 5 above, the City shall
determine whether default has occurred by the applicant or owner in the terms and conditions
of the Tax Abatement Agreement and shall so notify all other affected jurisdictions.
8. In the event that a Tax Abatement Agreement is terminated for any reason whatsoever and
taxes are not paid within the time period herein specified, then in such event, the provisions
of V.T.C.A., Tax Code, Section 33.01 will apply.
SECTION XI. Miscellaneous:
1. Any notice required to be given by these criteria or guidelines shall be given in the following
manner:
a) To the applicant or owner: written notice shall be sent to the address appearing on the
Tax Abatement Agreement.
b) To the City: written notice shall be sent to the address appearing on the Tax Abatement
Agreement.
2. The Chief Appraiser of the Lubbock Central Appraisal District shall annually assess the Real
and Personal Property comprising the Reinvestment Zone. Each year, the applicant or owner
receiving tax abatement shall furnish the Chief Appraiser with such information as may be
necessary for the abatement. Once value has been established, the Chief Appraiser shall
notify the City which levies taxes of the amount of assessment.
3. Upon the completion of improvements made to any type of Facility as set forth in Section
VIII(1) of these criteria and guidelines a designated employee or employees of the City
having executed a Tax Abatement Agreement with applicant or owner shall have access to
the Facility to insure compliance with the Tax Abatement Agreement.
4. A Tax Abatement Agreement may be assigned to a new owner but only after written consent
has been obtained from the City.
5. These guidelines and criteria are effective upon the date of their adoption by the City and
shall remain in force for two years. At the end of the two year period these guidelines and
criteria may be readopted, modified, amended or rewritten as the conditions may warrant.
6. Each affected jurisdiction shall determine whether or not said affected jurisdiction elects to
become eligible to participate in tax abatement. In the event the affected jurisdiction elects by
resolution to become eligible to participate in tax abatement, then such affected jurisdiction
shall adopt guidelines and criteria by separate resolution forwarding a copy of both
resolutions to all other affected jurisdictions.
14
2013 Industrial Tax Abatcmcnt Guidclincs
November 7, 2013
7. These guidelines only apply to the City of Lubbock and any company wishing to apply for
tax abatement from other taxing jurisdictions will need to contact the applicable taxing
jurisdiction for their criteria and guidelines and requirements for applying for tax abatement.
8. In the event of a conflict between these guidelines and criteria and V.T.C.A., Tax Code,
Chapter 312, then in such event the Tax Code shall prevail and these guidelines and criteria
interpreted accordingly.
9. The guidelines and criteria once adopted by the City may be amended or repealed by a vote of
three-fourths (3/4) of the members of the Lubbock City Council during the two-year term in
which these guidelines and criteria are effective.
15
EXHIBIT C
lubblock
TEXAS City of Lubbock
Application for Industrial Tax Abatement
This application should be filed prior to the beginning of construction or the purchase of equipment. If applying for a tax abatement in a
jurisdiction other than City of Lubbock, a separate application must be completed for all other taxing jurisdictions. This application will
become part of the Tax Abatement Agreement and any knowingly false representations will be grounds for the voiding of the agreement. An
original copy of this request should be submitted to Mrs. Cheryl Brock, Capital Program Manager, Finance Department, City of Lubbock,
1625 13°i Street, 2"d Floor, Lubbock, TX 79401.
Part I - Applicant Information
Company Name: X-Fao Texas, Inc.
Telephone: (806) 747-4400
Annual Sales.
$60' Million +
Mailing Address: 2301 N. University
X7 Corporation
❑ Partnership
Application Date
Physical Address:
7 / 10 / 2014
2301 N. University
Current Number of Employees: 362
Employees in City Limits:
Years in Lubbock:
Proprietorship
358
15
Attachment 1: Attach a description of the Applicant Company, including a brief histoay, coi porate strticttu•e,
business plan, and annual statement, if available.
Part II - Project Information
Location Address: 2301 N. University Zipcode:
School District:
LISD
Legal Description: RPP ar arbed
79415
Attaclunent 2: Attach site map showing project location and showing proposed construction if applicable
Project Description: lJ New Construction 1d Expansion Modernization
Attaclunent 3: Attach statement fully explaining project, describe existing site and improvements, describe all
proposed improvements and provide list of improvements and equipment for which abate►nent is requested, and
list of any tangible personal propertypresently existing on the Real Property if it is an existing facility.
Is the site located in an Enterprise Zone? J Yes 11 No
Section A - Facility Information
Type of Facility/abatement:
gJ Advanced Technologies and Manufacturing Warehouse/Distribution
:1 Research and Development Value-added Agriculture Production
:1 Medical Services Information and Data Centers
:1 Corporate Headquarters - Regional/National Service Center
J The project is not included as a target industry, but has the potential of generating additional, significant
economic development opportunities to Lubbock
Industrial Tax Abatement Application Page I
Describe product or service to be provided: Sem; cnnductnr wafers
Is the company a producer, manufacturer, or distributor of goods and services of which 50 percent or more are
distributed outside Lubbock. C3 Yes ❑ No
Attachment 4: Provide documentation demonstrating that the facility will distribute or manufacture goods and
services of which 50 percent or more are distributed outside of Lubbock County,
Is the company applying for tax abatement ❑ New Company to Lubbock P Existing Company
The project meets one of the criteria in the Guidelines and Criteria Governing Tax Abatement for Industrial
Projects, Section IV. 3. �] Yes ❑ No
Section B – Base Year Value
Attach a statement of the assessed value of the Real Property, Facility, or existing facility for the base year from
the Lubbock Central Appraisal District.
Attachment S – Lubbock Central Appraisal District Assessed Value
Section C - Variance
Is the applicant seeking a variance? ] Yes No
If "yes," attach letter requesting and justifying the variance, with supplemental information.
PART III - ECONOMIC INFORMATION
Construction Estimate:
Start Date: September 1st, 2014 Contract Amount:
Completion Date
Modernization:
June 30, 2016
Peak Construction Jobs;
Estimated current economic life of structure
Added economic life from modernization
Permanent Job Creation/Retention:
" Current employment:
Jobs created at opening:
362
If existing facility, what is the current plant payroll:
Estimated amount of new payroll:
$250,000.OQ
10
greater 10 years
or equal
5 to 15 years
Jobs to be Retained:
100
By year 20 _23— 75
$ 19,000,000.00
$ 4,000,000.00 per year by 2023
Industrial Tax Abatement Application Page 2
Estimated Appraised Value On Site
Land
Improvements
Personal
Property
Value on January 1 preceding abatement
623,448
6,910,011
8 037 669
Estimated value of new abatable improvements
NA
250,000
13,965,000
Estimated value of properties not subject to abatement
Estimated value of property after improvements
623,448
7,160,011
2,002,669
Do you certify that this business (including any branch, division, or department of this business) does not
currently, and will not knowingly in the future, employ an undocumented worker? ® Yes ❑ No
Comnanv Representative to be Contacted:
Ed Pascasio
Name
CFO
Title
2301 N. University
Address
Lubbock, Texas 79415
Address
ed.pascasio@xfab.com
e-mail
Authorized Company Official:
Authorized Signature
Ed Pascasio, CFO
Name & Title
806-747-4400, ext. 2183
Phone Number
ed.pascasio@xfab.com
e-mail
Industrial Tax Abatement Application Page 3
Attachment 1
X -Fab Texas Inc
X -Fab Texas began operations on Feb 1St 1999, in the former Texas
Instruments facility in North Lubbock. X -Fab Texas is a member of X -
Fab Silicon Foundries Group, which is headquartered in Erfurt,
Germany, and today has five wafer production locations: Lubbock
Texas, Erfurt Germany, Dresden Germany, Itzehoe Germany and
Kuching Malaysia.
X -FAB Silicon Foundries is one of the world's leading analog/mixed-
signal pure play foundry groups. The group manufactures silicon
wafers for analog-digital integrated circuits (commonly referred to as
mixed-signal ICs). Wafers are manufactured utilizing ultra -modern
modular CMOS and BiCMOS processes with technologies ranging
from 1.0 to 0.13 micrometers. The primary applications are for the
automotive, communications, consumer and industrial sectors. In the
case of X -Fab Texas virtually all of its production is exported out of
Texas and the vast majority is exported out of the U.S.
X -Fab Texas has established itself as a strong supplier of foundry
services. To maintain our position in the market place and to achieve
additional growth, in the out years, it is necessary for X -Fab Texas to
invest heavily in advanced technologies and materials. Being
selected as the Six Inch Silicon Carbide Wafer Foundry for the Next
Generation Power Electronics Manufacturing Innovation Institute puts
us in a strong position to achieve long term viability for our business
and employees.
The current set of expansion/modernization projects will allow X -Fab
Texas's to convert 2,000 wafers a month of its silicon wafer capacity
to advanced Wide BandGap (WBG) materials, specifically GaN &
SiC. As well as modernizing our facility infrastructure though
upgrades and the build -out of a WBG backend cleanroom.
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Part II—Legal Description
EXHIBIT "A" LEGAL
DESCRIPTION
SITUATED in the City of Lubbock and being all of Tract A, Texas Instruments Addition, an
addition to the City of Lubbock according to the map, plat and/or dedication deed thereof
recorded in Volume 1363, Page 977, Deed Records of Lubbock County, Texas (D.R.L.C.T.)
and all of that abandoned Drake Street as described by Correction Quit Claim Deed from the
City of Lubbock to Texas Instruments Incorporated, a Delaware corporation, recorded in
Volume 1541, Page 32, D.R.L.C.T. and being more particularly described by metes and bounds
as follows:
BEGINNING at an aluminum disk monument found at the Northeast corner of said Drake Street on
the South line of Block 1, Lubbock State School Addition, an addition to the City of Lubbock,
according to the map, plat and/or dedication deed thereof recorded in Volume 1143, Page 677,
D.R.L.C.T. and also being North 0 deg. 01 min. 09 sec. East -10.00 feet from the Northwest corner
of Lot 1, Lawson Addition, an addition to the City of Lubbock, according to the map, plat and/or
dedication deed thereof recorded in Volume 838, Page 211, D.R.L.C.T.
THENCE South 0 deg. 01 min. 09 sec. West, along the East line of said abandoned Drake Street, at
10.00 feet, passing the Northwest corner of said Lawson Addition, continuing along the West line of
said Lawson Addition, at 60.00 feet, passing the Southeast comer of said abandoned Drake Street
and the most Northerly Northeast corner of said Texas Instruments Addition, continuing on for a
total distance of 139.91 feet to an aluminum disk monument found for the Southwest corner of said
Lawson Addition;
THENCE South 89 deg. 58 min. 01 sec. East, along the North line of said Texas Instruments
Addition and the South line of said Lawson Addition, a distance of 143.27 feet to an aluminum disk
monument found for the most Easterly Northeast comer of said Texas Instruments Addition and the
Southeast comer of said Lawson Addition on the West Right-of-way of University Avenue (F.M.
1264, variable width R.O.W.);
THENCE South 0 deg. 32 min. 04 sec. East, along the East line of said Texas Instruments
Addition and the West Right-of-way of said University Avenue, a distance of 2422.31 feet to a
1/2 inch iron rod set for corner;
THENCE North 89 deg. 27 min. 56 sec. East, along the East line of said Texas Instruments Addition
and the West Right-of-way of said University Avenue, a distance of 10.00 feet to a 1/2 inch iron rod
set for comer in the North Right-of-way of Loop 289 at the beginning of a curve to the right having a
radius that bears North 89 deg. 50 min. 33 sec. West, a distance of 215.00 feet;
THENCE Along the North Right-of-way of said Loop 289 and along said curve to the right, with
a chord that bears South 42 deg. 01 min. 23 sec. West - 286.98 feet, through a central angle of 83
deg. 43 min. 52 sec. and an are length of 314.20 feet to a concrete Right-of-way marker found for
comer at the end of said curve;
THENCE South 84 deg. 14 min. 24 sec. West, along the North Right-of-way of said Loop 289,
a distance of 833.14 feet to an aluminum disk monument found for corner at the beginning of a
curve to the left having a radius that bears South OS deg. 45 min. 28 sec. East, a distance of
5879.65 feet;
THENCE Along the North Right-of-way of said Loop 289 and along said curve to the left,
with a chord that bears South 82 deg. 04 min. 50 sec. West - 443.52 feet, through a central
angle of 04 deg. 19 min. 23 sec. and an arc length of 443.63 feet to an aluminum disk
monument found • for corner at the end of said curve;
THENCE South 83 deg. 47 min. 51 sec. West, along the North Right-of-way of said Loop
289,. a distance of 766.83 feet to a concrete Right-of-way marker found for corner;
THENCE South 73 deg. 26 min. 45 sec. West, along the North Right-of-way of said Loop 289,
a distance of 266.20 feet to an aluminum disk monument found for corner;
THENCE South 89 deg. 52 min. 26 sec. West, along the North Right-of-way of said Loop 289,
a distance of 599.04 feet to an aluminum disk monument found for the Southwest corner of
said Texas Instruments Addition and the Southeast corner of a called 286.15 acre tract of land
conveyed to the City of Lubbock as described in a deed recorded in Volume 370, Page 55,
D.R.L.C.T.;
THENCE North 0 deg. 00 min. 37 sec. East, along the West line of said Texas Instruments
Addition and the East line of said 286.15 acre tract, a distance of 2318.79 feet to an
aluminum disk monument found for the most Westerly Northwest corner of said Texas
Instruments Addition;
THENCE South 89 deg. 56 min. OS sec. East, a distance of 100.19 feet to an aluminum disk
monument found for an inside ell corner of said Texas Instruments Addition;
THENCE North 0 deg. 00 min. OS sec. West, along the West line of said Texas Instruments
Addition and the East line of said 286.15 acre tract, at 706.65 feet, passing the Southwest
corner of the above mentioned abandoned Drake Street and continuing for a total distance of
766.65 feet to an aluminum disk monument found for the most Northerly Northwest corner of
said Texas Instruments Addition and the Northwest corner of said abandoned Drake comer on
the South line of the above mentioned Block 1, Lubbock State School Addition;
THENCE South 89 deg. 53 min. 30 sec. East, along the North line of said Drake Street and
the South line of Block 1, Lubbock State School Addition, a distance of 2800.50 feet to the
POINT OF BEGINNING and containing 203.377 acres of land.
Part H — Proiect Description
Attachment 3
a) Convert/modernized 2,000 wafers a month of its silicon wafer capacity
to advanced Wide BandGap (VYBG) materials, specifically GaN & SiC
b) Proposed improvements of the Real Property
(1) Proposed improvements of the Real Property
-Modernized facility infrastructure
-Industrial Waste System
-HVAC replacements
-Build-out WBG Back -end Cleanroom
Conversion/Modernization of
Equipment Capabilities
Qty
Equipment
Budget
1
Hi -Temp Implanter
4,000,000.00
1
Back -grind
1,270,000.00
1
14 Stepper
700,000.00
1
Atomic Layer Deposition
1,000,000.00
1
Backside Metal Sputter
795,000.00
1
Hi -Temp Anneal
1,250,000.00
1
Backside Anneal
750,000.00
1
Hi -Voltage Tester
500,000.00
1
Taper/De-taper
300,000.00
1
Eagle -View Inspection
700,000.00
1
Bonder/De-bonder
600,000.00
5
Misc. Back -end equipment
1,000,000.00
1
Auto Wet Etch Bench
600,000.00
5
Wafer Sorter/Metrology Equip.
500,000.00
Estimated equipment list
13,965,000.00
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ATTACHMENT 4
2013 Product Distribution Profile
Sales outside of Lubbock 100%
Sales outside of Texas 99.7%
Sales outside of U.S. 92.6%
Lubbock Central Appraisal District
2109 Avenue Q
PO Box 10542
Lubbock, TX 79408-3542
806-762-5000 EXT: 5
www.lubbockcad.org
Quick Ref#: R39313 R846A00-00010-00010-000
34521 AV 0.381 **AUT0**5-DIGIT 79464 2 FT 14
111111111111111111111111111111111111111111,111111'1 -1111-1111111
X FAB TEXAS INC
2301 N UNIVERSITY AVE
LUBBOCK TX 79415-1717
3452
1&2
NOTICE OF APPRAISED VALUE
This is NOT a Tax Bill
Date: 06/06/2014
uickRef#: (Refer to this # when inquiring about your property)
39313 R846400-00010-00010-000
treet Address:
301 N UNIVERSITY AVE LUBBOCK TX 79415
roperty Description:
EXAS INSTRUMENTS TR A & CLOSED STREET LESS
ACRES
DBA: X FAB TEXAS INC, AIR PRODUCTS & CHEMICAL
Dear Property Owner:
We have appraised the property listed above for the 2014 tax year. Based on the appraisal date of January 1 of this year,
the appraisal is as follows:
?M
Appraised Information
Last Year
Proposed This Year
Land's Market Value
598,448
598,448
Agricultural Market Value
0
0
Agricultural Productivity Value
0
0
Improvements (Buildings) Appraised Value
7,092,205
6,910,011
Personal Property Appraised Value
0
0
Mineral Interest Appraised Value
0
0
Total Market Value of this Property
7,690,653
7,508,459
Total Appraised Value (with Homestead Limit) `*
7,690,653
7,508,459
Exemptions
Last Year's Taxing Units
Proposed
Proposed
Proposed Taxable Last Year's Proposed Tax
Taxable
Appraised
Exemptions
(Less Exemptions) Tax Rate
Estimate
7,690,653
Lubbock County
7,508,459
0
7,508,459
0.345310
25,927.46
7,690,653
Lubbock ISD
7,508,459
0
7,508,459
1.235000
92,729.47
7,690,653
City Of Lubbock
7,508,459
0
7,508,459
0.504410
37,873.42
7,690,653
Lubb Cnty Hospital
7,508,459
0
7,508,459
0.118440
8,893.02
7,690,653
Hi Plains Water
7,508,459
0
7,508,459
0.008100
608.19
*TOTAL*
1
166,031.56
The above tax estimates use last year's tax rate for the taxing units. The governing body of each taxing unit listed on this
notice decides whether property taxes increase. The appraisal district only determines property values.
The Texas Legislature does not set the amount of your local taxes. Your property tax burden is decided by your locally elected
officials, and all inquiries concerning your taxes should be directed to those officials.
*If you are 65 or older and received the $10,000 school tax exemption on your home last year from the school listed above, your school taxes for this year will not b
higher than when you first received the exemption on this home. If you are disabled and received the $10,000 school tax exemption on your home last year from the
school listed above, your school taxes for this year will not be higher than the 2003 taxes or the first year you received the exemption, whichever is later. If your
county or city has approved a limitation on your taxes, your county or city taxes will not be higher than the first year your county or city approved the limitation or the
first year you qualified for the limitation. If you improved your property (by adding rooms or buildings) your school, county, or city tax ceiling may increase for these
improvements. If you are a surviving spouse age 55 or older, you may retain the tax ceiling.
**Your residence homestead is protected from future appraisal value increases in excess of 10% of the appraised value of the property for the preceding tax year
plus the value of any new improvements.
Contact the appraisal office if you disagree with this year's proposed value for your property or if you have any problems with the property description or address
information. If the problem cannot be resolved, you have the right to schedule a hearing with the Appraisal Review Board (ARB) by filing a WRITTEN protest with the
Board. You may either use the form provided or prepare a letter (including your name, your property's description, and any appraisal office actions with which you
disagree). Your protest must be delivered by mail to the address above or in person at the appraisal district office before the protest deadline.
If you have any questions or need more information, please contact the appraisal office at the phone number or address listed above.
2009 Appraised Value: 8,500,000
%Chg (2009 to 2014): -12 %
Protest Deadline: 07/07/2014
ARB Hearings Begin: 05/05/2014
Location of ARB Hearings: 2109 Avenue Q
Lubbock Central Appraisal District
2109 Avenue Q
PO Box 10542
Lubbock, TX 79408-3542
806-762-5000 EXT: 5
www.lubbockcad.org
Quick Ref#: P314767
5353 1 AV 0.381 **AUTO**5-DIGIT 79464 2 FT 19
11111111"II'll'I'llll 1111111'lll'lli'I'll'I'lllll'I'111 IIII'llll
X FAB TEXAS INC
US 2301 N UNIVERSITY AVE
LUBBOCK TX 79415-1717
3157
5.0
NOTICE OF APPRAISED VALUE
This is NOT a Tax Bill
Notice of 10% penalty assessed. A timely rendition was not filed.
Date: 06/06/2014
iickRef#: (Refer to this # when inquiring about your property)
14767
-eet Address:
)1 N UNIVERSITY AVE LUBBOCK TX 79415
Dperty Description:
M&E
*TOTAL" II II II II II 176,000.77
The above tax estimates use last year's tax rate for the taxing units. The governing body of each taxing unit listed on this
notice decides whether property taxes increase. The appraisal district only determines property values.
The Texas Legislature does not set the amount of your local taxes. Your property tax burden is decided by your locally elected
officials, and all inquiries concerning your taxes should be directed to those officials.
*If you are 65 or older and received the $10,000 school tax exemption on your home last year from the school listed above, your school taxes for this year will not t
higher than when you first received the exemption on this home. If you are disabled and received the $10,000 school tax exemption on your home last year from the
school listed above, your school taxes for this year will not be higher than the 2003 taxes or the first year you received the exemption, whichever is later. If your
county or city has approved a limitation on your taxes, your county or city taxes will not be higher than the first year your county or city approved the limitation or the
first year you qualified for the limitation. If you improved your property (by adding rooms or buildings) your school, county, or city tax ceiling may increase for these
improvements. If you are a surviving spouse age 55 or older, you may retain the tax ceiling.
**Your residence homestead is protected from future appraisal value increases in excess of 10% of the appraised value of the property for the preceding tax year
plus the value of any new improvements.
Contact the appraisal office if you disagree with this years proposed value for your property or if you have any problems with the property description or address
information. If the problem cannot be resolved, you have the right to schedule a hearing with the Appraisal Review Board (ARB) by filing a WRITTEN protest with th,
Board. You may either use the form provided or prepare a letter (including your name, your property's description, and any appraisal office actions with which you
disagree). Your protest must be delivered by mail to the address above or in person at the appraisal district office before the protest deadline.
If you have any questions or need more information, please contact the appraisal office at the phone number or address listed above.
2009 Appraised Value: 13,325,000
%Chg (2009 to 2014): N/A
Protest Deadline: 07/07/2014
ARB Hearings Begin: 05/05/2014
Location of ARB Hearings: 2109 Avenue 0
DBA: X FAB TEXAS INC
Dear Property Owner:
We have appraised the property listed above for the 2014 tax year. Based on the
appraisal date of January 1 of this year,
the appraisal is as follows:
Appraised Information
Las
Year
Proposed This Year
Land's Market Value
0
0
Agricultural Market Value
0
0
Agricultural Productivity Value
0
0
Improvements (Buildings) Appraised Value
0
0
Personal Property Appraised Value
8,262,052
8,037,669
Mineral Interest Appraised Value
0
0
Total Market Value of this Property
8,262,052
8,037,669
Total Appraised Value (with Homestead Limit) **
8,262,052
8,037,669
Exemptions
PC
PC
Last Year's Taxing Units
Proposed
Proposed
Proposed Taxable
Last Year's Proposed Tax
Taxable
Appraised
Exemptions
(Less Exemptions)
Tax Rate Estimate
8,183,681 Lubbock County 8,037,669 78,371 7,959,298 0.345310 27,484.25
8,183,681 Lubbock ISD
8,037,669
78,371
7,959,298
1.235000 98,297.33
8,183,681 City Of Lubbock
8,037,669
78,371
7,959,298
0.504410 40,147.50
8,183,681 Lubb Cnty Hospital
8,037,669
78,371
7,959,298
0.118440 9,426.99
8,183,681 Hi Plains Water
8,037,669
78,371
7,959,298
0.008100 644.70
*TOTAL" II II II II II 176,000.77
The above tax estimates use last year's tax rate for the taxing units. The governing body of each taxing unit listed on this
notice decides whether property taxes increase. The appraisal district only determines property values.
The Texas Legislature does not set the amount of your local taxes. Your property tax burden is decided by your locally elected
officials, and all inquiries concerning your taxes should be directed to those officials.
*If you are 65 or older and received the $10,000 school tax exemption on your home last year from the school listed above, your school taxes for this year will not t
higher than when you first received the exemption on this home. If you are disabled and received the $10,000 school tax exemption on your home last year from the
school listed above, your school taxes for this year will not be higher than the 2003 taxes or the first year you received the exemption, whichever is later. If your
county or city has approved a limitation on your taxes, your county or city taxes will not be higher than the first year your county or city approved the limitation or the
first year you qualified for the limitation. If you improved your property (by adding rooms or buildings) your school, county, or city tax ceiling may increase for these
improvements. If you are a surviving spouse age 55 or older, you may retain the tax ceiling.
**Your residence homestead is protected from future appraisal value increases in excess of 10% of the appraised value of the property for the preceding tax year
plus the value of any new improvements.
Contact the appraisal office if you disagree with this years proposed value for your property or if you have any problems with the property description or address
information. If the problem cannot be resolved, you have the right to schedule a hearing with the Appraisal Review Board (ARB) by filing a WRITTEN protest with th,
Board. You may either use the form provided or prepare a letter (including your name, your property's description, and any appraisal office actions with which you
disagree). Your protest must be delivered by mail to the address above or in person at the appraisal district office before the protest deadline.
If you have any questions or need more information, please contact the appraisal office at the phone number or address listed above.
2009 Appraised Value: 13,325,000
%Chg (2009 to 2014): N/A
Protest Deadline: 07/07/2014
ARB Hearings Begin: 05/05/2014
Location of ARB Hearings: 2109 Avenue 0