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HomeMy WebLinkAboutResolution - 2008-R0129 - Give Notice Of Intent To Enter Tax Abatement Agreement With JKK Properties LP - 04/10/2008Resolution No. 2008-80129 April 10, 200$ Item No. 5_22 RESOLUTION WHEREAS, the City Council has determined to give notice of its intent to enter into a Tax Abatement Agreement with JKK Properties, L.P.; and WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City Council to be given to the presiding officer of the governing body of each taxing unit in which the property to be subject to the Tax Abatement Agreement is located; NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the City Council to enter into a Tax Abatement Agreement with JKK Properties, L.P., said notice to be given to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on the property at 3405 East Slaton Highway which is further described as Tract A, Yellowhouse Addition to the City of Lubbock. Passed by the City Council this 10th day of April 2008. DAVID A. MILLER, MAYOR ATTEST: Rebe a Garza, City Secretary APPRO ED S/ 0 CONTENT: Rob A is n, stantC Manager Development Services - APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section Resolution No. 2008-RO129 EXHIBIT "A" NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO ENTER INTO AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY IMPROVEMENTS LOCATED AT 3405 EAST SLATON HIGHWAY WHICH IS FURTHER DESCRIBED AS TRACT A, YELLOWHOUSE ADDITION TO THE CITY OF LUBBOCK Notice is hereby given that the City Council of the City of Lubbock intends to enter into an Agreement with JKK Properties, L.P. to abate taxes on improvements to real property located within the Lubbock 2000 South Enterprise Zone created by Ordinance No. 2000-00032 and covering all of the subject property. Notice is further given that the City Council of the City of Lubbock will consider authorizing the Mayor of the City to execute a contract between the City and JKK Properties, L.P. for tax abatement, a draft copy of said Agreement is attached to this notice as Exhibit "A-1" and made a part hereof for all purposes. Notice is further given that the City Council will consider this matter at its meeting held in the City Council Chamber, City Hall, 1625 13`h Street, City of Lubbock, on the 24`h day of April, 2008, at approximately 9:30 o'clock a.m. Exhibit A-1 AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § Resolution No. 2008-RO129 This Agreement made this day of , 2008, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City"), and JKK Properties, L.P. (hereinafter called "Company"); WITNESSETH; WHEREAS, City received an application for tax abatement from Company on the 14`x' day of March 2008, for improvements to real property and tangible personal property at 3405 East Slaton Highway, Tract A, Yellowhouse Addition to the City of Lubbock, Lubbock County, Texas, and further described in Exhibit "A," which is attached hereto and incorporated herein as if fully set forth; and WHEREAS, upon review of the above application it was determined that the facility and real property is located in the Lubbock 2000 South Enterprise Zone designated by the City for commercial and industrial tax abatement in Ordinance No. 2000-00032 covering the above described property; and WHEREAS, the Guidelines and Criteria Governing Tax Abatement For Commercial Projects in Designated Enterprise Zones in the City of Lubbock were adopted November 8, 2007 by Resolution No. 2007-80513 of the City Council of the City of Lubbock. A copy of the Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones 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 Commercial Projects in Designated Enterprise Zones in the City of Lubbock; and WHEREAS, the property described in Exhibit A is located in the Lubbock 2000 South Enterprise Zone and V.A.T.C., Tax Code, Sec. 312.2011 provides that designation AGREEMENT -JKK PROPERTIES, L.P. PAGE 1 as an enterprise zone constitutes designation as a reinvestment zone without further action; and WHEREAS, the Company's application is for the construction of a new facility; and WHEREAS, V.A.T.C. Tax Code Sec. 312.002 and Section IV of the Guidelines and Criteria governing Tax Abatement for Commercial Projects in Designated Enterprise Zones in the City of Lubbock recognize construction of a new facility as being eligible for tax abatement status; and WHEREAS, the City Council hereby finds that all of the Guidelines and Criteria Governing Commercial Tax Abatement, as adopted by Resolution No. 2007=80513 have been 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 Company do hereby agree as follows: SECTION 1. Term. This Agreement shall commence January 1 of the tax year after the required improvements are substantially completed and shall expire five (5) years after said date. SECTION 2. Base Year. The base year applicable to real property, which is the subject of this Agreement, shall be 2008, and the assessed value of the real property shall be the assessed value applicable to such property for said year. SECTION 3. Base Year Taxes. The taxes upon the real 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. In accordance with V.A.T.C., Tax Code, Section 312.204 real property taxes applicable to the real property subject to this Agreement shall be abated only to the extent said value for any given year within the term of this Agreement exceeds the base year taxes hereinabove set forth. SECTION 5. Property Ineligible for Tax Abatement. The property described and set forth in Section IV(5) of the Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones in the City of Lubbock is incorporated by reference herein as if fully set out in this Agreement and fully describes the property ineligible for tax abatement. AGREEMENT - JKK PROPERTIES, L.P. PAGE 2 SECTION 6. Exemption from Tax. The City covenants and agrees to exempt from taxation, in accordance with Section 4 above, the fallowing properties: (a) All proposed new improvements to be placed upon the property at 3405 East Slaton Highway, Tract A, Yellowhouse Addition to the City of Lubbock, Lubbock County, Texas which is described in Exhibit "A". (b) All eligible tangible personal property, owned by Company, placed in or upon the property set forth in Exhibit "A", which does not include any equipment and personal property owned by Company and already located in the existing facility. (c) It is further understood that all items affixed to the new improvements placed upon the real property identified in Exhibit "A", including machinery and equipment shall be considered part of the real property improvement and taxes thereon shall be abated in accordance with the provisions of subparagraph (a) above set forth. SECTION 7. Economic Qualifications. Company agrees to expend funds necessary to qualify for tax abatement by constructing a new facility, as set forth in Section IV(9)(a) of the Guidelines and Criteria Governing Tax Abatement for Commercial Projects in Designated Enterprise Zones 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 Company'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, Company will expend six million one hundred ninety one thousand three hundred and seventeen dollars ($6,191,317.00) for the construction of a new facility and four hundred twenty thousand six hundred twenty three dollars ($420,623) on new equipment to be located within the enterprise zone created by Ordinance No. 2000-00032. SECTION 9. City Access to Pro ert . Company 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 or their agents shall be able to inspect the property to insure compliance with the terms and conditions of Company's application for tax abatement, attached as Exhibit "C", and this Agreement. SECTION 10. Portion of Tax Abated. City agrees, during the term of this Agreement, to abate taxes on eligible property according to the following schedule. Year I: 100% Year 2: 80% AGREEMENT - JKK PROPERTIES, L.P. PAGE 3 Year 3: 60% Year 4: 40% Year 5: 20% SECTION 11. Type of Improvements. Company proposes to construct a new facility as described in Exhibit "C". Company further states that the proposed improvements to the property above mentioned commenced on the 201h day of March, 2008, and shall be completed within approximately nine (9) months from said date. Company may request an extension of the above date from City in the event circumstances beyond the control of Company necessitates additional time for completion of such improvements and such consent shall not unreasonably be withheld. Company shall provide a copy of the certificate of occupancy or other proof of completion within ten days of completion of improvements. SECTION 12. Limitation on Use. Company 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 13. Recapture. Company 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 adopted by Resolution No. 2007-80513 of the City Council of the City of Lubbock. SECTION 14. Certification. Company 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 15. Compliance. The City may cancel or modify this Agreement if Company fails to comply with the Agreement. SECTION 16. Notices. Notices required to be given by this Agreement shall be mailed, certified mail return receipt requested, to the following addresses: CITY OF LUBBOCK Assistant City Manager Development Services P.O. Box 2000 Lubbock, Texas 79457 JKK PROPERTIES, L.P. John Kritser. PO Box 31388 Amarillo, TX 79120 AGREEMENT - JKK PROPERTIES, L.P. PAGE 4 SECTION 17. 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. EXECUTED this JKK PROPERTIES, L.P. JOHN KRITSER ATTEST: DRAFT ONLY - DO NOT EXECUTE day of Lc: cityatt/Llnda/Tax Abatement Agmt-Yellowhouse March 28, 2008 . 2008. CITY OF LUBBOCK A Municipal Corporation DAVID A. MILLER, MAYOR ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: Rob Allison, Assistant City Manager Development Services APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section AGREEMENT - JKK PROPERTIES, L.P. PAGE 5