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26-R-105 EDC Agreement Hollingsworth Logistics Group, LLCRESOLUTION 26-R-105 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS AUTHORIZING AN EXPENDITURE AS REFLECTED IN AN ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION AND HOLLINGSWORTH LOGISTICS GROUP, LLC; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz Economic Development Corporation ("SEDC") is a non- profit economic development corporation duly established under the Development Corporation Act of 1979, as amended (Section 501.001 et seq. Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act"); and WHEREAS, all powers of the corporation are vested in the SEDC Board of Directors (the "Board") appointed by the governing body of the corporation's authorizing unity; and WHEREAS, the Act authorizes a development corporation to fund certain projects as defined by the Act and request development corporations to enter into performance agreements to establish and provide for the direct incentive or make an expenditure on behalf of a business enterprise under a project; and WHEREAS, Section 501.073 of the Texas Local Government Code requires the City Council (authorizing unit) to approve all programs and expenditures of the SEDC, and; WHEREAS, SEDC desires to enter into a performance agreement with Hollingsworth Logistics Group, LLC. (the "Company") to relocate and expand its Schertz, Texas operations currently located in three buildings at 17745 Lookout Road in Suite 200 and Suite 210, and 6150 Tri-County Parkway within one existing building located in the Schertz city limits, Comal County at 22867 11135 N, New Braunfels, TX 78132-4856 and WHEREAS, Company intends to invest a minimum of nineteen million dollars ($19,000,000) in a seven-year lease and tenant improvements; and WHEREAS, the tenant improvements and business planned in conjunction with the Project, as proposed, will contribute to the economic development of the City of Schertz ("City") by creating new jobs and increased employment, promoting and developing expanded business enterprises, increased development, increased real property value and tax revenue for the City, and will have both a direct and indirect positive overall improvement/stimulus in the local and state economy; and WHEREAS, the Corporation desires to offer a one million five hundred thousand dollars ($1,500,000) maximum grant over a period of six years to enable Company to develop the Project pursuant to this Agreement in substantial conformity with the City Economic Development Incentive Policy and the Act; and WHEREAS, Corporation intends to provide a Relocation Grant not to exceed five hundred thousand dollars ($500,000) for relocation expenses paid by the company in calendar year 2026; and provide property tax rebates of 100% based upon the real and personal property taxes paid by Company in calendar year 2027 and calendar year 2028; and provide property tax rebates of 80% based upon the real and personal property tax paid by Company in calendar year 2029, calendar year 2030 and calendar year 2031; and WHEREAS, over the term of the Agreement, Company intends to retain the original two hundred and twenty-four (224) employees with a minimum annual payroll of eight million five hundred sixty-three thousand five hundred and twenty dollars ($8,563,520) and add an additional 150 fulltime jobs over five years for a total 374 fulltime jobs with a total annual payroll of fourteen million two hundred ninety-eight thousand and twenty dollars ($14,298,020) by the end of Calendar Year 2030, and retain 374 fulltime jobs throughout the life of the 10-year agreement; and WHEREAS, the Parties agree that all conditions precedent for this Agreement to become a binding agreement have occurred and been complied with, including all requirements pursuant to the Texas Open Meetings Act and all public notices and hearings; if any, have been conducted in accordance with Texas law; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS THAT: Section 1. The City of Schertz City Council hereby authorizes the expenditure reflected in the Economic Development Performance Agreement attached hereto as ATTACHMENT A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be 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 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of-,E?;�26. ATT ST: 1 Sh ' a dmond. n, TRMC City Secretary CITY OF SCHERTZ 4RalRodr&iguez, Mayor / ATTACHMENT A