Mar 12, 2024 Special Commissioners Court

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ALRIGHT EVERYBODY, WE'RE GOING TO GO AHEAD AND GET STARTED AGAIN.

WE'RE GOING TO CALL TO ORDER OUR SPECIAL MEETING OF THE CALDWELL COUNTY COMMISSIONERS COURT TUESDAY, MARCH 12TH AT 10:17.

COULD I GET A MOTION TO SKIP THE CALL TO ORDER AN INVOCATION AT THIS TIME? I MEAN, THE INVOCATION AND PLEDGE AT THIS TIME.

SO MOVED. WE HAVE A MOTION.

DO WE HAVE A SECOND? SECOND. MOTION AND A SECOND? ALL IN FAVOR, SAY AYE.

AYE. OPPOSED? HEARING NONE MOTION CARRIES.

ASSUME NO ANNOUNCEMENTS AND ANY CITIZENS COMMENTS.

OKAY. WE'RE GOING TO GO AHEAD AND START THE PUBLIC HEARING.

[F.1 Concerning the designation of the Prime Data Centers, LLC Reinvestment Zone #1, located within the following area - NW Corner: 97.7541615°W, 29.9243447°N; NE Corner: 97.7437498°W, 29.9259929°N; SW Corner: 97.7444950°W, 29.9145514°N; SE Corner: 97.7405040°W, 29.9158843°N]

NORTHWEST CORNER 97.7541615 DEGREES WEST 29.9243447 DEGREES NORTH EAST AT 97 7437498 WEST 299259929 DEGREES NORTH SOUTHWEST CORNER 97.7444950 DEGREES WEST 29.9145514 DEGREES NORTH.

THE SOUTHEAST CORNER 97.745040 DEGREES WEST 29.9158843 DEGREES NORTH.

WE WILL HOLD THE HEARING OPEN FOR A COUPLE OF MINUTES.

IF ANYONE WOULD LIKE TO COME SPEAK.

JUDGE, THERE'S ONE CORRECTION YOU HAD SAID 918.

IT SHOULD BE 1018.

I'M SORRY. MY APOLOGIES.

I WAS READING 9:30 ON MY PAGE, SO.

OKAY. SEEING NO ONE COMING FORWARD FOR THE PUBLIC HEARING, WE'RE GOING TO CLOSE THE PUBLIC HEARING AT 10:21.

[G.1 To consider Order 06-2024, designating by ordinance an area as the Prime Data Centers, LLC Reinvestment Zone #1, located within the following area - NW Corner: 97.7541615°W, 29.9243447°N; NE Corner: 97.7437498°W, 29.9259929°N; SW Corner: 97.7444950°W, 29.9145514°N; SE Corner: 97.7405040°W, 29.9158843°N]

AND I'M GOING TO I'M NOT GOING TO READ THAT WHOLE THING.

SO. ORDER 06-2024 ORDER DESIGNATING PRIME DATA CENTERS, LLC REINVESTMENT ZONE NUMBER ONE, WHEREAS CHAPTER 312 TEXAS TAX CODE ALLOWS COUNTY TO DESIGNATE AREAS AS REINVESTMENT ZONES IN ORDER TO ENCOURAGE DEVELOPMENT OF UNDERUTILIZED REAL PROPERTY AND TO EXPAND ECONOMIC DEVELOPMENT GENERALLY WITHIN THE COUNTY THROUGH TAX ABATEMENT.

WHEREAS CALDWELL COUNTY HAS AND RESOLUTION 40-2022 INDICATED ITS ELECTION TO BE ELIGIBLE TO PARTICIPATE IN TAX ABATEMENT UNDER CHAPTER 312 TEXAS TAX CODE AND ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS.

WHEREAS PRIME DATA CENTERS, LLC PRIME SEEKS TO CONSTRUCT A TURNKEY DATA CENTER CAMPUS WITHIN CALDWELL COUNTY THAT WILL BE USED TO PROVIDE HOUSING FOR ORGANIZATIONS

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WHEREAS PRIME HAS APPROACHED THE COUNTY AND REQUESTED AN AREA, THE PROPOSED ZONE TO BE DESIGNATED AS THE PRIME DATA CENTERS, LLC REINVESTMENT ZONE NUMBER ONE, MORE ACCURATELY DESCRIBED IN ATTACHMENT A, WHEREAS PRIME HAS INDICATED ITS APPLICATION THAT THE TURNKEY DATA CENTER CAMPUS WILL BE LOCATED WITHIN THE PROPOSED ZONE, WHEREAS NOTICE OF A PUBLIC HEARING SET ON MARCH 12TH, 2024 WAS PUBLISHED IN A NEWSPAPER HAVING GENERAL CIRCULATION IN CALDWELL COUNTY FOR A PERIOD OF NOT LESS THAN SEVEN DAYS BEFORE THE DATE OF THE HEARING, WHEREAS NOTICE OF A PUBLIC HEARING SET ON MARCH 12TH, 2024 WAS DELIVERED IN WRITING VIA USBS BY REGISTERED OR CERTIFIED MAIL, WITH RETURN RECEIPT RECEIVED TO THE PRESIDING OFFICER OF THE GOVERNING BODY OF EACH TAXING UNIT THAT INCLUDES IN ITS BOUNDARIES THE AREA DESCRIBED IN ATTACHMENT A.

AND WHEREAS ON MARCH 12TH, 2024, A PUBLIC HEARING WAS HELD AND INTERESTED PARTIES WERE PERMITTED TO SPEAK AND PRESENT EVIDENCE FOR OR AGAINST THE DESIGNATION.

NOW, THEREFORE, BE IT ORDERED BY THE CALDWELL COUNTY COMMISSIONERS COURT THAT ONE, THE COURT FINDS THAT DESIGNATION OF THE PROPOSED ZONE WOULD ATTRACT MAJOR INVESTMENT IN THE ZONE AND WOULD BE A BENEFIT TO THE PROPERTY TO BE INCLUDED IN THE ZONE, AND WOULD CONTRIBUTE TO THE ECONOMIC DEVELOPMENT OF THE COUNTY.

TWO THE PROPOSED ZONE IS ELIGIBLE FOR COMMERCIAL INDUSTRIAL TAX ABATEMENT.

THREE THE BOUNDARIES OF THE PROPOSED ZONE ARE DESCRIBED IN ATTACHMENT A.

FOR THE PROPOSED ZONE IS HEREBY DESIGNATED AS THE PRIME DATA CENTERS, LLC REINVESTMENT ZONE NUMBER ONE.

AND FIVE, AS REQUIRED BY SECTION 312.401 TEXAS TAX CODE.

THIS DESIGNATION EXPIRES FIVE YEARS FROM THE DATE OF THIS ORDER.

ORDERED THIS THE 12TH DAY OF MARCH, 2024.

OKAY, SO I THINK WE JUMPED AHEAD A LITTLE BIT.

ITEM G1 WAS JUST AN ORDERED MOTION.

AND SECOND, TO CONSIDER THE ORDER.

AND THEN WE HAVE TO APPROVE THE ORDER.

SORRY. YES. SO G1 IS TO CREATE THE THE REINVESTMENT ZONE.

YEAH. YOU CANNOT APPROVE A TAX ABATEMENT AGREEMENT IN AN AREA THAT IS NOT IN A REINVESTMENT ZONE.

OKAY. SO WE HAVEN'T DONE THAT YET.

I'M SORRY. I HAD I GUESS I MISHEARD.

YEAH. I DON'T THINK WE HAVE.

DID WE KNOW THAT'S WHAT WE DID? SO THAT'S WHAT WE'RE DOING FOR G1 NOW, RIGHT? YES, YES. BUT THEN YOU JUST ITEM G2 IS WHAT YOU JUST READ.

NO, NO G1 WAS THE CREATION OF THE INVESTMENT ZONE REINVESTMENT ZONE RIGHT.

YES, YES.

DID WE DO THAT. WE ARE ABOUT TO DO THAT SUBJECT TO MOTION AND SECOND.

AND JUST THIS ITEM TWO YOU READ THE ORDER.

YES. SO DO SHOULDN'T WE HAVE JUST NEVER MIND CHASE.

I'M SORRY I THINK JUST CONFUSION.

MOTION TO APPROVE ORDER 062024.

DO WE HAVE A SECOND? WE'RE ON G1, AND I WENT AHEAD AND MADE THE MOTION SO WE COULD MOVE ON.

SECOND. AND WE HAVE A SECOND BY COMMISSIONER THERIOT.

ANY DISCUSSION ON THE ORDER? NO. OKAY.

ALL IN FAVOR, SAY AYE.

AYE. HEARING NONE.

MOTION CARRIES.

[G.2 To approve three tax abatement agreements, pursuant to Chapter 312, Texas Tax Code, that contains the following information: 1 . Name of Property Owner and Applicant: Prime Data Centers, LLC by and through Todd Workman . Name and Location of the Reinvestment Zone: Prime Data Centers, LLC Reinvestment Zone #1, located within the following area - NW Corner: 97.7541615°W, 29.9243447°N; NE Corner: 97.7437498°W, 29.9259929°N; SW Corner: 97.7444950°W, 29.9145514°N; SE Corner: 97.7405040°W, 29.9158843°N • Nature of Improvements: Construction and maintenance of a turn-key data center campus . Estimated Cost of Improvements: $ 1,300,000,000.00 ($1.3 billion)]

NAME OF THE PROPERTY OWNER AND APPLICANT, PRIME DATA CENTERS, LLC, BY AND THROUGH TODD WORKMAN.

NAME AND LOCATION OF THE REINVESTMENT ZONE, PRIME DATA CENTERS, LLC.

REINVESTMENT ZONE NUMBER ONE LOCATED WITHIN THE FOLLOWING AREAS.

I'M NOT GOING TO READ ALL THE LAT LONGS.

THEY'RE PART OF THE RECORD ON THE AGENDA.

NATURE AND IMPROVEMENTS.

CONSTRUCTION AND MAINTENANCE OF A TURNKEY DATA CENTER CAMPUS.

ESTIMATED COST OF IMPROVEMENTS TO BE $1,000,000,300 MILLION DOLLARS.

AND THAT'S IT.

SO, COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE THE TAX ABATEMENT AGREEMENTS? AND SO THIS IS GOING TO BE THE SECOND PORTION OF THAT.

YES. SO THE FIRST ONE WAS THE CREATION OF THE ZONE.

NOW WE APPROVE THE AGREEMENTS WITHIN THE ZONE.

YES. THESE THREE AGREEMENTS ARE FOR THE FIRST THREE BUILDINGS IN THE ZONE THAT WAS MENTIONED EARLIER DURING THE DEVELOPMENT AGREEMENT DISCUSSION.

IF YOU LOOK AT YOUR CONFIDENTIAL MATERIALS, THERE IS A SURVEY WHERE EACH BUILDING FOR EACH AGREEMENT IS HIGHLIGHTED SO THAT YOU KNOW WHICH BUILDING IS IT'S BEING APPLIED TO.

OKAY, COMMISSIONERS, DO WE HAVE A MOTION? I'LL SO MOVE.

MOTION TO APPROVE THREE TAX ABATEMENT AGREEMENTS BY COMMISSIONER THERIOT.

DO WE HAVE A SECOND? SECOND. I HAVE A SECOND BY COMMISSIONER HORNE.

ANY DISCUSSION? OKAY. I DO HAVE ONE QUESTION.

OKAY. OUT OF THESE YEAH, WE'VE BEEN THROUGH THIS SEVERAL TIMES.

IT'S PER BUILDING.

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52 JOBS? YES. YEP.

OKAY. ANY OTHER QUESTIONS? OKAY. WE HAVE A MOTION AND A SECOND WITHOUT ANY OTHER DISCUSSION, I'LL CALL THE VOTE.

ALL IN FAVOR, SAY AYE.

AYE. OPPOSED? HEARING NONE. MOTION CARRIES.

ITEM G 3 TO APPROVE THREE AGREEMENTS BETWEEN COUNTY AND PRIME DATA CENTER, LLC FOR LOCATION FOR LOCAL ECONOMIC DEVELOPMENT PURSUANT TO CHAPTER

[G.3 To approve three agreements between the County and Prime Data Centers, LLC, for local economic development pursuant to Chapter 381, Texas Local Government Code. ]

YEAH. AND IT'S FOR FIVE YEARS.

IT'S THE MECHANICS OF IT BEING DIFFERENT BETWEEN THE 381 AND THE 312, BUT IT'S THE SAME PILOT PAYMENT OR EFFECTIVE PILOT PAYMENT.

OKAY. DO WE HAVE A MOTION COMMISSIONERS? DO WE HAVE A SECOND? SECOND? A SECOND BY COMMISSIONER THERIOT.

ANY DISCUSSION? NOT ALL IN FAVOR, SAY AYE.

AYE. OPPOSED? HEARING NONE. MOTION CARRIES.

AND THEN ITEM H.

ADJOURNMENT. DO WE HAVE A MOTION TO ADJOURN.

MOVE TO ADJOURN BY COMMISSIONER HORNE, SECOND BY COMMISSIONER THOMAS.

ALL IN FAVOR, SAY AYE.

AYE. OPPOSED? HEARING NONE. WE'RE ADJOURNED AT 10:28.

* This transcript was compiled from uncorrected Closed Captioning.