Board of Directors Regular Meeting Agenda


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Meeting Date: 12/05/2018  

SUBJECT MATTER:
Receive, consider and act upon adoption of a resolution regarding guidelines and criteria for considering tax abatement agreements by The Woodlands Township;
FISCAL IMPACT:
Varies
BACKGROUND:
In 2009, The Woodlands Township adopted Resolution 012-09 establishing guidelines and criteria for considering tax abatement agreements by The Woodlands Township.  Taxing units (including the Township), cannot offer tax abatements until it had  first adopted Tax Abatement guidelines and criteria for considering tax abatement applications.  In 2009, the Board adopted Montgomery County’s Tax Abatement guidelines and criteria for evaluating future tax abatement applications, for a period of two years. In 2011 and 2013, the Township followed the same procedure and again adopted the Montgomery County Tax Abatement Policy Guidelines and Criteria by Board resolution.
 
Montgomery County amended its Tax Abatement Policy Guidelines and Criteria in 2014 and also adopted a new one on October 16, 2016. The Township followed suit, amending or revising its policy each time to comport with that of Montgomery County.
 
On November 13, 2018, Montgomery County Commissioners’ Court again updated their guidelines and criteria for considering tax abatement applications. (Attachment 1) To remain consistent with the County, it is recommended that the Board adopt a resolution to use the current County Policy for all future abatement considerations.  Attached is a redlined copy of the Montgomery County Tax Abatement Policy Guidelines and Criteria from the Montgomery County Attorney’s office, with the changes from the 2016 County policy. (Attachment 2) The significant changes are to Schedule "A" to the guidelines. Essentially, the County dropped the top tier (or what had been Category "A")  of available tax abatements (having a total Tax Value of $1,000,000.00 to $4,000,000.00) and re-lettered the successive tiers, changing what had been Category "B" to now be Category "A"; what had been Category "C" to now be Category "B" and so on. (Attachment 3)
 
Tax abatement guidelines and criteria are in effect for a term of two years, unless amended earlier. Having tax abatement guidelines and criteria (policy) does not oblige the Township to provide tax abatements. Prospective tax abatements are only considered by The Woodlands Township after a County tax abatement agreement has been approved; however, the granting of a tax abatement by Montgomery County does not oblige the Township to enter into a tax abatement agreement. Each request for a tax abatement agreement would continue to be considered by the Township Board on a case-by-case basis. 
 
RECOMMENDATION:
Adopt Resolution 015-18 establishing guidelines and criteria for considering tax abatement agreements by The Woodlands Township.
 
Attachments
Proposed Resolution 015-18 Regarding Tax Abatement Guidelines and Criteria
2018 Redlined Revisions to 2016 Tax Abatement Policy
2018 "Redline" changes to Schedule A


    

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