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R-10-08-26-10C3 - 8/26/2010RESOLUTION NO. R -10-08-26-10C3 A RESOLUTION NOMINATING THE COMBINED DELL FACILITIES DESIGNATED AS "PROJECT #2" AS A QUALIFIED ENTERPRISE PROJECT UNDER THE CITY OF ROUND ROCK'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2302, TEXAS GOVERNMENT CODE; AFFIRMING AVAILABILITY OF CERTAIN LOCAL INCENTIVES; PROVIDING FOR NOTICE OF THE NOMINATION OF THE QUALIFIED ENTERPRISE PROJECT TO THE TEXAS ECONOMIC DEVELOPMENT BANK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Round Rock, Texas duly passed Ordinance No. G -09-10-22-10A1 on October 22, 2009, which ordinance established the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2302, Texas Government Code; and WHEREAS, in relation to passage of such ordinance, all statutorily -mandated requirements of public hearing and notice were timely fulfilled; and WHEREAS, in accordance with V.T.C.A., Government Code, Section 2303.4051, Section 2 of such ordinance identified and summarized local incentives that, at the election of the City's governing body, are or may be made available to qualified enterprise projects, and such local incentives currently remain unchanged; and WHEREAS, in accordance with V.T.C.A., Government Code, Section 2303.204, Section 3 of such ordinance designated the City's liaison to oversee enterprise projects it has nominated and to communicate and negotiate with the Texas Economic Development Bank or the Texas Economic Development and Tourism Office within the Office of the Governor, with enterprise projects, and with other entities in an enterprise zone or affected by an enterprise project, including a qualified business, within the jurisdiction of the City; and WHEREAS, pursuant to the Texas Enterprise Zone Act, V.T.C.A., Government Code, Chapter 2303 (the "Act"), specifically in accordance with Section 2303.404, Subchapter F of the Act, Dell Inc., together with its subsidiaries and affiliates, has applied to the City for designation as an enterprise O:\wdox\SCC1nts\0112\1005\MUNICIPAL\00200704.DOC/jkg project for the following: the combined Dell facilities located at 401 Dell Way, 501 Dell Way, and 2401 Greenlawn Blvd. — Bldg. #7, Round Rock, Texas ("Project #2"); and WHEREAS, the project or activity considered herein is not located in an area designated as an enterprise zone; and WHEREAS, the City Council desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in certain areas of the City, and to provide employment to residents of such areas; and WHEREAS, the City finds that Dell Inc., together with its subsidiaries and affiliates, meets the criteria for incentives adopted by the City on the grounds that it will be located at a qualified business site, that being the following: the combined Dell facilities located at 401 Dell Way, 501 Dell Way, and 2401 Greenlawn Blvd. — Bldg. #7, Round Rock, Texas ("Project #2"); and will retain employment base and create a higher level of employment, economic activity, and stability, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. That local incentives heretofore delineated in Ordinance No. G -09-10-22-10A1 remain unchanged, and such incentives are or may be made available to qualified enterprise projects, all in accordance with V.T.C.A., Government Code, Section 2303.4051. Section 2. That the City hereby nominates the following for enterprise project status: Dell Inc., together with its subsidiaries and affiliates, specifically the combined Dell facilities located at 401 Dell Way, 501 Dell Way, and 2401 Greenlawn Blvd. — Bldg. #7, Round Rock, Texas ("Project #2"). Section 3. That the City Council hereby finds that the following meets the criteria for designation as an enterprise project under the Act: the combined Dell facilities located at 401 Dell Way, 501 Dell Way, and 2401 Greenlawn Blvd. — Bldg. #7, Round Rock, Texas ("Project #2"); and the City Council further finds that the criteria for designation as an enterprise project under the Act are met on the following grounds: 2 A. Dell Inc., together with its subsidiaries and affiliates, specifically the combined Dell facilities located at 401 Dell Way, 501 Dell Way, and 2401 Greenlawn Blvd. — Bldg. #7, Round Rock, Texas ("Project #2"), is a "qualified business" under Section 2303.402 of the Act; B. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities in the area; and C. The designation of the following as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area: the combined Dell facilities located at 401 Dell Way, 501 Dell Way, and 2401 Greenlawn Blvd. — Bldg. #7, Round Rock, Texas ("Project #2"). Section 4. That the City's liaison is directed to oversee the instant nominated enterprise project and to communicate and negotiate with the Texas Economic Development Bank or the Texas Economic Development and Tourism Office within the Office of the Governor, with other enterprise projects, and with other entities in an enterprise zone or affected by an enterprise project, including a qualified business, within the jurisdiction of the City. Section 5. That the enterprise project shall take effect on date of designation of the enterprise project by the Texas Economic Development and Tourism Office within the Office of the Governor, and shall terminate on the same date five (5) years therefrom. Section 6. That this Resolution shall take effect immediately upon its adoption and approval. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 3 RESOLVED this 26th day of August, 2010. a)-1--)/L___- ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 2tiv/t, utbAtt- SARA L. WHITE, City Secretary ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 10C3. Ci Council A•enda Summar Sheet Consider a resolution nominating Dell Inc. together with its subsidiaries and affiliates, Agenda Caption: Project #2 as a qualified enterprise project. Meeting Date: August 26, 2010 Department: Administration Staff Person making presentation: Cindy Demers Assistant City Manager Item Summary: The City's nomination is required for Dell Computer Holdings, L.P. (Dell) to apply for the Enterprise Zone Program. Under this program administered by the Texas Economic Development Bank, a portion of state sales tax paid for applicable capital expenditures could be refunded to the company if the company retains jobs in our community. Strategic Plan Relevance: 16.0 — Develop financial capital needed to support business growth and development, and improve the financial advantages of operating in the City. Cost: N/A Source of Funds: N/A Date of Public Hearing (if required): N/A Recommended Action: Approval