2005R20- SUPPORT OF THE SEDONA DEVELOPMENT
RESOLUTION NO. o5-R-2o
RESOLUTION EXPRESSING THE INTENT OF THE CITY OF SCHERTZ, TEXAS
TO CREATE A TAX INCREMENT REINVESTMENT ZONE TO FINANCE PUBLIC
IMPROVEMENTS IN SUPPORT OF THE SEDONA DEVELOPMENT; AND
AUTHORIZING ALL REQUIRED NOTICES, HEARINGS, PRESENTATIONS, AND
MEETINGS RELATED THERETO.
WHEREAS, Tax Increment Financing ("TIF") is an economic development tool that the
City of Schertz, Texas (the "City") may use to finance needed public improvements and enhance
infrastructure within the City; and
WHEREAS, the City desires to use TIF to encourage community revitalization and
infrastructure improvements within certain areas of the City by leveraging private investment for
certain types of development activities; and
WHEREAS, pursuant to the Tax Increment Financing Act, Texas Tax Code, Chapter
311, as amended (the "Act"), prior to considering TIF agreements with property owners, the
property must first be in an area properly designated as a Tax Increment Reinvestment Zone
(a "Zone"); and
WHEREAS, the City is considering the creation of a Zone for the area known as Sedona
Development and described in Exhibits A and B attached hereto; and
WHEREAS, the proposed public improvements for the Sedona Development may
include street excavation, street installation, curbing, grading, drainage structures and channels,
parking, sidewalks, sewer and water utilities, and street lighting; and
WHEREAS, prior to the creation of a Zone, the City Council must hold a public hearing
on the creation of the proposed reinvestment zone and its benefits to the City and the property
within the proposed Zone; and
WHEREAS, pursuant to Section 3l1.003(b) of the Act, the governing body of the City
must prepare a preliminary reinvestment zone financing plan and provide a copy of this plan to
the governing body of each taxing unit that levies real property taxes in the proposed Zone (the
"Taxing Units"); and
WHEREAS, pursuant to Section 3ll.003(e) of the Act, the governing body of the City
must provide notice in writing to the governing body of each Taxing Unit, not later than the 60th
day before the date of the public hearing to designate the Zone, that the City intends to establish
the Zone, unless such notice is waived by the Taxing Units; and
WHEREAS, the City desires to notify the Taxing Units of the City's intent to create the
Zone as provided in Section 31 1.o03(e) ofthe Act; and
WHEREAS, pursuant to Section 3l1.003(f) of the Act, the City (i) requests the
opportunity to make a formal presentation to the governing body of Bexar County (the
"County") and the School District in which the proposed Zone is located (the "School District"),
(ii) shall notify the County and the School District of the presentation to be made before it, and
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(iii) shall make a formal presentation to the governing body of any other Taxing Unit requesting
the City to do so; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
Resolution was passed was open to the public, and public notice of the time, place, and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ:
SECTION 1. Intent To Create Zone. The City hereby expresses its intent to create a
Zone for the purpose of financing public improvements in support of the Sedona Development
and related improvements. The boundaries of the Zone are described in Exhibits A and B
attached hereto and incorporated herein for all purposes. As an expression of intent, this
Resolution shall not be construed to obligate the City to take such action. Prior to the
designation of the Zone, the City shall take all actions required by the Act, subject to the City
Council making all required findings thereunder.
SECTION 2. Notice To Taxing Units. The City Secretary shall cause a "Notice of
Intention to Create a Tax Increment Financing Reinvestment Zone for the Development of
Public Improvements for the Sedona Development" to be delivered by certified mail or hand
delivered to the governing body of each Taxing Unit. The notice shall contain at a minimum the
following:
1. a description of the proposed boundaries of the proposed Zone;
2. the tentative plans for the development or redevelopment of the pr()posed Zone;
and
3. an estimate of the general impact of the proposed Zone on property values and tax
revenues.
The City Manager and the City Secretary are authorized to draft such Notice as necessary for
distribution to the Taxing Units.
SECTION 3. Publication Of Notice. The City Manager is hereby authorized to set a
date for the public hearing pursuant to Section 311.003(c) of the Act and to publish a notice of
the public hearing in the City's official newspaper not later than the seventh (7'h) day before the
date ofthe public hearing.
SECTION 4. Authorizing Public Hearing. Not earlier than sixty (60) days after
providing notice to the governing bodies of each Taxing Unit of the City's intent to create the
Zone, the City Manager may schedule a public hearing to obtain community input concerning
the City's intention to create the Zone.
SECTION 5. Authorizing Presentations. The City Manager is hereby authorized to
make a formal request to the governing bodies of the County and the School District, and to
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make a formal presentation to the governing body of each such other Taxing Unit that may
request it. The presentation shall include at a minimum the following:
1. a description of the proposed boundaries ofthe proposed Zone;
2. the tentative plans for the development or redevelopment of the proposed Zone;
and
3. an estimate of the general impact ofthe proposed Zone on property values and tax
revenues.
The City Manager is hereby authorized and directed to (i) make such formal presentations on its
behalf to the respective governing bodies, and (ii) notiry each Taxing Unit of each presentation
to be made before the County and the School District.
SECTION 6. Authorizing Appointment Of Representatives To Meet With The Citv:
Authoritv To Call Meetings. The City Manager is hereby authorized and directed to request each
Taxing Unit to designate a representative from such Taxing Unit to meet with the City staff to
discuss the project plan and reinvestment zone financing plan for the proposed Zone. The City.
Manager is hereby authorized and directed to call one or more meetings as may be needed, of the
representatives of the Taxing Units.
SECTION 7. Severabilitv. If any provision of this Resolution or the application thereof
to any person or circumstance is held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall nevertheless be valid, and
the City Council hereby declares that this Resolution would have been enacted without such
invalid provision.
SECTION 8. Effective Date. This Resolution shall take effect on the date of passage
hereof.
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ADOPTED this 6th day of December, 2005.
[City Seal]
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