Item 6ACity of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
M E M O R A N D U M
April 5, 2022
To: Shana Yelverton, City Manager
From: Alison Ortowski, Assistant City Manager
Subject: Item 6A: Resolution No. 22-010, adopting a tax abatement
policy; establishing guidelines and criteria for tax abatement
agreements; and, electing to continue eligibili ty to participate
in tax abatement.
Action
Requested: Approval of Resolution No. 22-010 as presented.
Background
Information: In order to grant tax abatements, Chapter 312 of the Texas
Tax Code specifies that the City must adopt a tax abatement
policy that identifies conditions that any tax abatement
applicant must meet in order to be eligible for abatement. The
terms of the policy are at the discretion of the City and can be
specific or general but must provide for “the availability of tax
abatement for both new facilities and structures and for the
expansion or modernization of existing facilities and
structures.” Once adopted, the policy is effective for 2 years.
It may be amended or repealed during that 2-year period
only by a vote of 3/4 of the members of the city council.
The City Council adopted Resolution No. 20-012 on March 3,
2020, renewing a tax abatement policy for the City of
Southlake. That policy was effective for two years, which is
the maximum term allowed by law and identified the following
terms:
1.New Facilities or Structures: The project must be
reasonably expected to produce a minimum added value
of Thirty Million Dollars ($30,000,000) in real and personal
property improvements within the City and create a
minimum of 1,000 full-time jobs, with an average annual
total compensation of $60,000; and,
ITEM 6A
Item 6A: Resolution No. 22-010; City Council Meeting Date – April 5, 2022
Page 2 of 7
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
2.Expansion or Modernization of Existing Facilities or
Structures: The project must be reasonably expected to
produce a minimum added value of Ten Million Dollars
($10,000,000) in real and personal property
improvements within the City of Southlake and create a
minimum of 500 new full-time jobs with an average annual
total compensation of $50,000.
Additionally, the policy specifies in Section XIII. Expiration and
Guidelines, “This Policy is effective upon the date of its
adoption and will remain in force for two years, at which time
all reinvestment zones and tax abatement contracts created
pursuant to its provisions will be reviewed by the City Council
of Southlake to determine whether the goals of the abatement
program have been achieved.”
The City currently has two active tax abatement agreements:
1.The City Council approved a tax abatement for TD
Ameritrade in 2017. Per the most recent review conducted
by staff, TD Ameritrade is exceeding all the goals
established in the policy as follows:
Abatement Program
Guideline
Goal Actual
Minimum added value $30,000,000 $71,990,552
Full-Time Job Creation 1,000 2,230
Average Annual Total
Compensation
$60,000 $70,000
2.The City Council approved a tax abatement for VariSpace
Southlake in 2020. Per the most recent review conducted
by staff, VariSpace is exceeding two of the three goals
established in the policy, noted in the table below. The job
creation target established in the policy has not yet been
met; however, it is important to note that the investment
agreement with VariSpace allows for gradual buildup of
annual employment targets, with full employment (1500
FTEs) not anticipated until 2025. Additionally, they are
currently well ahead of the 400 FTE employment target in
the investment agreement set for 2022.
ITEM 6A
Item 6A: Resolution No. 22-010; City Council Meeting Date – April 5, 2022
Page 3 of 7
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Abatement Program
Guideline
Goal Actual
Minimum added value $30,000,000 $34,202,032
Full-Time Job Creation 1,000 608
Average Annual Total
Compensation
$60,000 $102,699
In order to preserve the City’s options as they relate to public
investment considerations and the ability to negotiate with
desirable prospects, this item proposes a renewal of the policy
under the same terms and conditions as the one adopted in
2018 and renewed in 2020.
Strategic Link: C4 Attract & keep top-tier businesses to drive a dynamic &
sustainable economic environment
Citizen Input/
Board Review: The Community Enhancement and Development Corporation
Board of Directors recommended renewal at their March 22,
2022 meeting.
Financial
Considerations: The minimum added value amounts identified in the policy
have been determined by the City’s Chief Financial Officer
Sharen Jackson who has indicated that these amounts should
generate a return sufficient to warrant public investment.
In addition, it is important to note that the policy does not
commit the City to grant an abatement simply because one
has been requested. The granting of an abatement remains
solely at the discretion of the City Council.
Legal Review: The proposed policy was reviewed and approved by the City
Attorney.
Alternatives: Approve Resolution No. 22-010 with amendments or direct
staff to revise the policy and return for City Council
consideration at a future meeting
Supporting
Documents: Resolution No. 22-010
ITEM 6A
RESOLUTION NO. 22-010
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEX AS, ADOPTING A
TAX ABATEMENT POLICY; ESTABLISHING GUIDELINES AND
CRITERIA FOR TAX ABATEMENT AGREEMENTS; ELECTING TO
CONTINUE ELIGIBILITY TO PARTICIPATE IN TAX ABATEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the future economic viability of the City o f Southlake depends on the
ability to attract new investments through the location of new businesses and the
expansion and modernization of existing businesses; and
WHEREAS, the City Council has determined that the creation and retention of
job opportunities that result from new economic development is in the best interest of
the City of Southlake; and
WHEREAS, the establishment of economic development incentives such as tax
abatements may encourage enhancement of the local economy; and
WHEREAS, the City Council wishes to adopt new guidelines and criteria governing
tax abatement agreements; and
WHEREAS, the guidelines and criteria adopted herein authorize tax abatement
for both new facilities and structures and for the expansion or modernization of exis ting
facilities and structures; and,
WHEREAS, a public hearing before the City Council of the City of Southlake, Texas,
was scheduled and held April 5th, 2022, and the City at such public hearing invited any
interested person to appear and speak for or against the adoption of a tax abatement policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
SECTION 1)
The City Council does hereby adopt a Tax Abatement Policy, attached hereto as
Exhibit A and incorporated herein for all purposes. This Tax Abatement Policy shall
govern all tax abatement matters considered by the City from and after the date of this
Resolution, until said policy expires or is repealed or amended as provided by law.
SECTION 2)
The Tax Abatement Policy is effective for two (2) years from the date of adoption.
During that period, the Tax Abatement Policy may be amended or repealed only by a vote
of 3/4 of the members of the City Council. Said Tax Abatement Policy is intended as a
guide for use in developing tax abatement programs and agreements under the provisions
of Chapter 312 of the Texas Tax Code.
SECTION 3)
The City of Southlake intends to consider providing tax abatements and hereby
elects to become eligible to participate in tax abatement.
SECTION 4)
The adoption of the Tax Abatement Policy and the City’s election to become eligible
to participate in tax abatement as provided herein shall not be construed to require the
City of Southlake to approve any proposed tax abatement agreement which meets the
requirements of the policy. Tax abatements shall be reviewed on a case-by-case basis
and shall be granted only where the City Council determines in its sole discretion that the
tax abatement is in the best interest of the citizens of Southlake.
SECTION 5)
This Resolution shall become effective upon passage.
PASSED AND APPROVED this the 5th day of April 2022.
John Huffman
Mayor
ATTEST:
Amy Shelley, TRMC
City Secretary
EXHIBIT A
CITY OF SOUTHLAKE TAX
ABATEMENT POLICY
I. GENERAL PURPOSE AND OBJECTIVES
The City of Southlake is committed to the attraction of high-quality development in all parts of
City to expand and diversify the tax base and to provide for ongoing improvement in the quality
of life for its residential and corporate citizens. Insofar as these objectives are generally served
by the enhancement and expansion of the local economy, the City will, on a case-by-case
basis, give consideration to providing tax abatements as a stimulus for economic development
in Southlake. It is the policy of the City that said consideration will be provided in accordance
with the procedures and criteria outlined in this document. Nothing herein shall imply or
suggest that the City is under any obligation to provide tax abatements or other financial
incentives to any applicant.
II. APPLICABILITY
This tax abatement policy (“Policy”) establishes guidelines and criteria for tax abatement
programs and agreements under the provisions of Chapter 312 of the Texas Tax Code.
III. GUIDELINES AND CRITERIA
A. Any consideration for tax abatement shall be reviewed by the City Council of the City of
Southlake. The City Council shall consider tax abatements for new construction, whether it is
(1) new facilities or structures or (2) the expansion or modernization of existing facilities or
structures.
B. Specific considerations will include the degree to which the individual project furthers
the goals and objectives of the community as described in the City of Southlake Economic
Development Comprehensive Plan, as well as the relative impact on growth, employment,
expansion of the tax base, and economic development.
C. The City of Southlake may offer real and/or business personal property tax abatements
for qualifying projects that meet the thresholds listed as follows:
1. New Facilities or Structures: The project must be reasonably expected to produce a
minimum added value of Thirty Million Dollars ($30,000,000) in real and personal property
improvements within the City and create a minimum of 1,000 full-time jobs, with an average
annual total compensation of $60,000.
2. Expansion or Modernization of Existing Facilities or Structures: The project must be
reasonably expected to produce a minimum added value of Ten Million Dollars ($10,000,000)
in real and personal property improvements within the City of Southlake and create a minimum
of 500 new full-time jobs with an average annual total compensation of $50,000.
The thresholds as described above are considered guidelines for establishing the tax
abatement agreement terms. The City will determine amount and term of abatement for each
individual project, and nothing herein shall imply or suggest that the City is under any obligation
to provide an abatement or financial incentives to any applicant or project.
IV. EXCEPTIONS
In order to encourage the retention and/or expansion of existing business or attract businesses
which satisfy a community goal or objective, or meet a special need of the community, the City
Council may, on a case-by-case basis, recommend an incentive which may not comply with the
values and terms contained within this Policy.
V. APPROV AL
All applicants are considered on a case-by-case basis and all abatements are subject to final
approval of the City Council. Even though a project may meet the criteria as set forth in this
Policy, an application may be denied at the sole discretion of the City.
XI. PERFORMANCE
All tax abatements provided to an applicant are performance-based. Should a project granted
tax abatement not satisfy the terms of the agreement, the City Council may terminate the
agreement and pursue all remedies available in the agreement.
XII. ANNUAL EVALUATION
Upon completion of construction, the City shall perform an annual evalu ation of each abatement
agreement to ensure compliance with the agreement.
XIII. EXPIRATION AND GUIDELINES
This Policy is effective upon the date of its adoption and will remain in force for two years, at
which time all reinvestment zones and tax abatement contracts created pursuant to its
provisions will be reviewed by the City Council of Southlake to determine whether the goals
of the abatement program have been achieved. Based upon that review, the Policy may be
modified, renewed or eliminated. Prior to the date for review, as defined above, this Policy
may be modified by a three -fourths vote of the City Council, as provided for in Chapter 312 of
the Texas Tax Code.