ORD 1273 06/25/2019J of x/19
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Texas
"City of Choice"
ORDINANCE NO. Id -73
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS DESIGNATING A
REINVESTMENT ZONE KNOWN AS THE "CITY OF CIBOLO
REINVESTMENT ZONE NO. 1" FOR PURPOSES OF COMMERCIAL -
INDUSTRIAL TAX ABATEMENT; MAKING NECESSARY FINDINGS OF
FACT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Cibolo, Texas (herein the "City") desires to promote
the development or redevelopment of certain contiguous geographic areas within its jurisdiction
by the creation of a reinvestment zone for commercial/industrial tax abatement, as authorized by
the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as
amended; and
WHEREAS, on the 11th day of June 2019, a public hearing was held, such date being at least
seven (7) days after the date of publication of the notice of such public hearing and the delivery of
written notice to all taxing entities within its boundaries regarding the real property that is to be
included in the proposed reinvestment zone, as required by Section 312.201(d) of the Texas Tax
Code; and
WHEREAS, the City at such public hearing invited any interested person to appear and speak for
or against the creation of the reinvestment zone and whether all or part of the territory described
should be included in the proposed reinvestment zone, and any concerns regarding the offering of
tax abatement incentives; and
WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and
documentary, supporting and relating to the creation of the zone, and no opponents of the
reinvestment zone appeared to contest the creation of the reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS THAT:
SECTION 1. INCORPORATION OF RECITALS. The facts and recitations contained in the
preamble of this Ordinance are hereby found and declared to be true and correct factual and
legislative findings of the City, and are fully incorporated into the body of this ordinance.
SECTION 2. PUBLIC HEARING. The City, after conducting such hearing and having heard
such evidence and testimony, has made the following findings and determinations based on the
evidence and testimony presented to it:
(a) The public hearing regarding adoption of the reinvestment zone has been properly
called, held, and conducted on June 11, 2019, and that notices of such hearing has been
published at least seven (7) days before the hearing in the Seguin Gazette, a newspaper of
general circulation within the City, and mailed to all taxing units overlapping the territory
inside the proposed reinvestment zone at least seven (7) days prior to the hearing; and
(b) The Property located at the northwest corner of IH 10 at Santa Clara Road, specifically
a tract or parcel containing 159.5 acres or 6,948,568 square feet tract of land being part of
and out of the Francisco Garcia Survey No. 231, Abstract No. 141 and the Jose Flores
Survey No. 63, Abstract No. 134, Guadalupe County, Texas, said 159.5 -acre tract being
that called 159.534 -acre tract conveyed from Bernice S. Friesenhahn, trustee for the Scheel
family, No. 2 to Guadalupe Valley Development Corporation by Special Warranty Deed
recorded in Volume 4101, Page 146, Official Public Records of Guadalupe County, Texas.
The boundaries of the reinvestment zone should be and include the area described in
attached "Exhibit A"; and
(c) The creation of the proposed zone with boundaries as described in "Exhibit A" will
result in benefits to the City and to land included in the zone, and that the improvements
sought are feasible and practical; and
(d) That the investment zone described in "Exhibit A" meets the criteria for the creation
of a reinvestment zone as set forth in Section 312.202(a) of the Texas Tax Code in that it
is "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 City"; and
(e) The reinvestment zone as defined in "Exhibit A" meets the City's policy of Guidelines
and Criteria for the creation of a tax abatement zone and eligible for tax abatement.
SECTION 3. BOUNDARIES OF REINVESTMENT ZONE. Pursuant to the property
Redevelopment and Tax Abatement Act, Section 312.201 of the Texas Tax Code, as amended, the
City hereby creates a reinvestment zone for commercial -industrial tax abatement encompassing
only the territory described in "Exhibit A" and such reinvestment zone is hereby designated and
shall hereafter be referred to as Reinvestment Zone No. 1 of the City of Cibolo, Texas.
SECTION 4. DECLARATION OF ELIGIBLE PROPERTY. That the City of Cibolo hereby
declares eligible for property tax abatement all eligible real and tangible personal property for
commercial -industrial development, now or thereafter located in the "City of Reinvestment Zone
No. I" as authorized by the City if Cibolo guidelines and criteria for granting tax abatements in
reinvestment zones and Chapter 312 of the Texas Tax Code.
SECTION 5. EFFECTIVE DATE OF ZONE. The zone shall take effect on July 1, 2019 and
shall remain designated as a commercial/industrial reinvestment zone for a period of five (5) years
2
from the date of such designation. The expiration of the designation does not affect any existing
tax abatement agreement. Prior to or upon the date of expiration, the City Council may renew such
designation for additional successive period(s) not exceeding five (5) years each; provided no tax
abatement agreement may be extended beyond ten (10) years.
SECTION 6. CONSIDERATION AND ELGIBILITY FOR TAX ABATEMENT. To be
considered eligible for execution of an agreement for tax abatement inside the
commercial/industrial reinvestment zone, a proposed project shall:
(a) Be located entirely within the designated reinvestment zone;
(b) Provide a breakdown of the types and numbers of local jobs;
(c) Have a minimum expenditure of $5,000,000.00 for the proposed improvements or
repairs;
(d) Conform to all requirements of the City's zoning ordinance and all other applicable
laws and regulations;
(e) Conform to all other requirements of the City of Cibolo Tax Abatement Policies and
Guidelines as adopted on May 14, 2019 by Ordinance 1265.
SECTION 7. TERMS FOR INCLUSION IN ABATEMENT AGREEMENT. Written
agreements under Section 312.205 of the Texas Tax Code with the property owner(s) located
within the Tax Abatement Zone shall include, but not be limited to, the following provisions:
(a) Terms regarding the duration of exemption and share of eligible taxable real and
personal property value from taxation;
(b) A listing of the kind, number, location, and costs of all proposed improvements of the
property;
(c) A statement that during the term of the Agreement, access to the project shall be
provided to allow for inspection by City inspectors and officials and such other
governmental personnel reasonably deemed necessary to ensure that the improvements or
repairs are made according to the specifications and conditions of the Agreement.
(d) Limiting the use of the property consistent with the general purpose of encouraging
development or redevelopment of the zone during the period that property tax exemptions
are in effect.
(e) That property tax revenue lost as a result of the tax abatement agreement will be
recaptured by the City if the owner of the property fails to make the improvements as
provided by the Agreement or defaults on the Agreement.
SECTION 8. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause, or provision shall not affect any of the remaining provisions of
this Ordinance.
SECTION 9. NOTICE OF DETERMINATION. It is hereby found, determined and declared
that a sufficient notice of the date, hour, place, and subject of the meeting of the City Council at
which this Ordinance was adopted was posted at a place convenient and readily accessible at all
times as required by the Texas Open Meetings Act, Section 551.001, et seq. of the Texas
Government Code, and that a public hearing was held prior to the designation of such reinvestment
zone and that proper notice was in fact delivered to the presiding officer of any affected taxing
entities as prescribed by the Property Redevelopment and Tax abatement Act, as amended.
SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect immediately from and
after its passage by the City Council of the City of Cibolo.
PASSED, APPROVED, AND ADOPTED THIS 25" DAY OF TUNE, 2019.
ATTEST:
Peggy Cimics, City Secretary
CITY OF CIBOLO
X11
• : • 1M
EXHIBIT "A"
Legal Description of Premises
METES AND BOUNDS DESCRIPTION
159.5 -ACRE TRACT OUT OF THE FRANCISCO GARCIA SURVEY NO. 231,
ABSTRACT NO. 141 AND THE JOSE FLORES SURVEY NO. 63, ABSTRACT NO. 134,
GUADALUPE COUNTY, TEXAS
Being a 159.5 -acre (6,948,568 square feet) tract of land out of the Francisco Garcia Survey No. 231,
Abstract No. 141 and the Jose Flores Survey No. 63, Abstract No. 134, Guadalupe County, Texas, said
159.5 -acre tract being that called 159.534 -acre tract conveyed from Bernice S. Friesenhahn, trustee for the
Scheel family, No. 2 to Guadalupe Valley Development Corporation by Special Warranty Deed recorded
in Volume 4101, Page 146, Official Public Records of Guadalupe County, Texas, said 159.5 -acre tract
being more particularly described as follows, with all bearings being referenced to North American
Datum of 1983, Texas Coordinate System, South Central Zone:
BEGINNING at a found iron rod with damaged blue cap on the northwest right-of-way (R.O.W.) line of
Interstate Highway 10 (variable -width R.O.W., Volume 137, Page 179, Deed Records of Guadalupe
County Texas and Volume 137, Page 182, Deed Records of Guadalupe County, Texas), said point also
being the most easterly corner of a called 73.84 -acre tract, save and except 10.842 acres conveyed to
Diane Evelyn Tyo, Karen Sue Weinstein, and Lynn Henry Meyer, recorded in Document No.
2016013721, Deed Records of Guadalupe County Texas, said point also being the most southerly corner
of said called 159.534 -acre tract, for the most southerly corner of the herein described tract;
THENCE N31 °33'52"W, departing said R.O.W., along the southwest line of said called 159.534 -acre
tract and the northeast line of said called 73.84 -acre tract, save and except 10.842 -acres, a distance
2,128.20 feet to a point on the southeast R.O.W. line of Bolton Road, CR -308, said point also being the
most northerly corner of said called 73.84 -acre tract, save and except 10.842 acres and the most westerly
corner of said called 159.534 -acre tract, for the most westerly corner of the herein described tract, from
which a found 1/2" iron rod bears S34'38'1 I"E, 2.17 feet;
THENCE N58050'47"E, along said southeast R.O.W. line of Bolton Road, CR -308 and northwest line of
said called 159.534 -acre tract, a distance of 3,215.18 feet to a found iron rod with blue cap stamped
"KFW SURVEYING" at the southwest R.O.W. intersection of said Bolton Road, CR -308 and S. Santa
Clara Road, CR -315, said point also being the most northerly corner of said called 159.534 -acre tract, for
the most northerly corner of the herein described tract;
THENCE S31 °07'50"E, along the northeast line of said 159.534 -acre tract and the southwest R.O.W.
line of said S. Santa Clara Road, CR -315, a distance of 1,703.04 feet to a found ''/2' iron rod at the R.O.W.
intersection of said S. Santa Clara Road, CR -315 and Interstate Highway 10 (variable -width R.O.W.,
Volume 324, Page 53, Deed Records and Volume 321, Page 468, Deed Records), at the most easterly
corner of said called 159.534 -acre tract, for the most easterly corner of the herein described tract;
THENCE along the common line of said 159.534 -acre tract and said Interstate Highway 10 R.O.W., the
following two (2) calls:
S24° 10'40"W a distance of 374.66 feet to a found Type I R.O.W. Monument, for a corner of the
herein described tract, and
S09°05'38"E, a distance of 298.92 feet to a found Type I R.O.W. Monument at the north corner
of a called 2.071 -acre tract conveyed to 2015 PP Peterson Properties, LLC , recorded in
Document No. 2016025806, Official Public Records of Guadalupe County Texas, at an east
corner of said called 159.534 -acre tract, for an east corner of the herein described tract;
THENCE S59024'28"W, along the southeast line of said called 159.534 -acre tract and the northwest line
of said called 2.071 -acre tract, a distance of 338.92 feet to a found'/a" iron rod at the most westerly corner
of said called 2.071 -acre tract, same point also being the most northerly corner of a called 0.480 -acre tract
conveyed to Ralph Reininger, recorded in Volume 3079, Page 763, Official Public Records of Guadalupe
County Texas, at a corner of said called 159.534 -acre tract, for a corner of the herein described tract;
THENCE S60026'57"W, continuing along said southeast line of called 159.534 -acre tract and the
northwest line of said called 0.480 -acre pact, at a distance of approximately 85.00 feet passing the most
westerly corner of said called 0.480 -acre tract and the most northerly corner of a called 0.502 -acre tract
conveyed to Edgar and Valeria Sanchez, recorded in Document No. 2015023215, Official Public Records
of Guadalupe County Texas, continuing along the northwest line of said called 0.502 -acre tract, for a total
distance of 185.60 feet to a found iron rod with yellow cap stamped "RPLS 2024" at the most westerly
corner of said called 0.502 -acre tract, same point also being the most northerly corner of a called 3.000 -
acre tract conveyed to John R. Montague, recorded in Volume 2126, Page 808, Official Public Records of
Guadalupe County Texas, at a corner of said called 159.534 -acre tract, for a corner of the herein described
tract;
THENCE S60° 13'20"W, continuing along said southeast line of called 159.534 -acre tract and the
northwest line of said called 3.000 -acre tract, a distance of 652.66 feet to a found iron rod with orange cap
stamped "TRI -COUNTY" at the most westerly corner of said 3.000 -acre tract, same point also being an
interior coiner of said called 159.534 -acre tract, for an interior corner of the herein described tract;
THENCE S30033'08"E, along the southwest line of called 3.000 -acre tract and continuing along said
southeast line of said called 159.534 -acre tract, a distance of 165.71 feet to a found 1" iron pipe on said
northwest R.O.W. line of Interstate Highway 10, same point also being a the most southerly corner of said
3.000 -acre tract, at a corner of said called 159.534 -acre tract, for a corner of the herein described tract;
THENCE S66012'08"W, continuing along said southeast line of called 159.534 -acre tract and said
northwest R.O.W. line of Interstate Highway 10, a distance of 1,613.46 feet, returning to the
POINT OF BEGINNING and containing 159.5 acres (6,948,568 square feet) of land
Job No. 2478-003
April 11, 2019
Certified on this 1 I 1 day of April, 2019
Robert M. Anguiano, R.P.L.S.
Registered Professional Land Surveyor
Texas Certified Registration 46347
Vickrey & Associates, Inc.
TBPLS Firm No. 10004100