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The Data Center Divide

Bosque County

Pro-Data Center Policies

Bosque County approved a 30% tax break for the CyrusOne project, subject to eligibility tests and responsibility for damage and repairs to county roads.

Incentives

Tax benefits

Approves a 30% tax-abatement agreement for CyrusOne, LP. Commissioners Court minutes.

current law · County measure
Bosque County approved a project-specific reinvestment-zone and tax-abatement arrangement supporting CyrusOne’s data-center development and Calpine’s related power-generation expansion at the Thad Hill Energy Center site.Bosque County–CyrusOne and Calpine tax-abatement agreement / reinvestment-zone order (2024)

What this means

The county approved a 30% tax abatement for CyrusOne, a meaningful financial benefit for that project (approved a 30% tax abatement). But the county’s guidelines also set eligibility tests and make the project responsible for road damage and repair costs (wholly responsible for all County roads). Overall, the incentive favors building this data center, with conditions that limit the benefit.

People behind it

  • Adopted and designated the Bosque County CyrusOne LP Reinvestment Zone #24-02 and approved the tax-abatement agreement.

  • Project applicant and contracting party to the Bosque County tax-abatement agreement.

  • Moved to approve the reinvestment-zone designation and seconded the motion to enter into the tax-abatement agreement.

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  • Seconded the motion to approve the reinvestment-zone designation.

  • Moved to enter into the tax-abatement agreement with CyrusOne LP.

Restrictions & requirementsHide restrictions & requirements18
  • A proposed facility must qualify as an authorized facility under the county’s listed facility categories to be eligible for a reinvestment zone and tax abatement.

  • The project must be reasonably expected to produce at least $15 million in positive net economic benefit to Bosque County over the life of the abatement.

  • The project must create at least 10 full-time jobs in Bosque County for the abatement period, or retain at least 10 employees or 50% of the existing facility’s employees, whichever is greater.

  • The project cannot be expected to solely or primarily transfer employment from one part of Bosque County to another, unless the county grants a variance.

  • The project must be necessary because the required capacity cannot be provided efficiently using existing improved property.

  • Applicants must pay a nonrefundable $1,000 application fee.

  • A reinvestment zone and abatement request cannot be granted if filed after construction, alteration, or installation of the taxable improvements has begun.

  • Applicants must submit detailed project information, including the proposed use, improvements, parcel map, property identification numbers, construction schedule, taxable values, depreciation basis, jobs, county service costs, and public improvements.

  • The county must provide a public meeting for the applicant and affected jurisdictions, with the meeting posted on the Commissioners Court agenda at least seven days beforehand; separate newspaper and taxing-unit notices are also required before zone designation.

  • The county may not authorize a zone or abatement if the project would substantially adversely affect government services or an affected jurisdiction’s tax base, if the applicant lacks sufficient financial capacity, or if the project would create a public-safety, health, or legal violation.

  • Tax abatement is limited to the additional value of eligible improvements made after the application and identified in the abatement agreement; land, inventories, supplies, vehicles, housing, and several other property categories remain fully taxable.

  • An abatement may last no longer than 10 years or one-half of the improvement’s productive life, whichever is shorter.

  • The facility owner is wholly responsible for county roads and rights-of-way affected by construction or ongoing operations, including maintenance and reconstruction costs invoiced by the county.

  • The abatement agreement must specify the abatement percentage, term, project schedule, investment, depreciation, job commitments, default provisions, delinquent-tax recapture, and other contractual obligations.

  • If the facility stops operating for more than one year during the abatement period, the agreement may terminate and taxes previously abated for the termination year must be repaid.

  • If the recipient defaults and does not cure the default within 60 days after written notice, the agreement may terminate and all previously abated taxes may be recaptured; delinquent undisputed taxes owed to a Bosque County taxing authority also constitute a default.

  • County employees or representatives may access the facility during the abatement term to inspect compliance, and the agreement may require annual certifications and evaluations.

  • Recipients of abatement must give preference and priority to local manufacturers, suppliers, contractors, and labor unless doing so would create added expense, substantial inconvenience, or reduced operating efficiency.

Benefits & exceptionsHide benefits & exceptions10
  • Bosque County designated the Bosque County CyrusOne LP Reinvestment Zone #24-02, allowing the project to qualify for consideration of county property-tax abatement.

  • Bosque County approved a 30% tax abatement for CyrusOne, LP.

  • The county guidelines permit abatement for qualifying new, expanded, replaced, or modernized buildings, structures, fixed machinery and equipment, site improvements, necessary office space, and other eligible real and tangible personal property. Land, inventories, vehicles, residential property, and other listed categories remain taxable.

  • An eligible facility may receive tax abatement for up to 10 years or one-half of the improvement's productive life, whichever is shorter.

  • Abatement applies to the additional value of eligible improvements made after the abatement application is filed and identified in the abatement agreement; existing base-year value remains fully taxable.

  • The abatement may become effective no earlier than the January 1 valuation date following execution of the agreement, although the agreement may specify a later commencement date.

  • The county may negotiate an abatement agreement to compete favorably with other communities.

  • The Commissioners Court may approve variances from the guidelines by a three-fourths vote, and an approved abatement agreement that varies from a guideline is treated as granting a variance, provided the variance is permitted by Chapter 312 of the Texas Tax Code.

  • An abatement agreement may be assigned to a new owner or lessee of the same facility with Commissioners Court approval, subject to compliance with outstanding obligations, the assignee's financial capacity, an assignment-and-assumption agreement, and no outstanding taxes or other obligations.

  • Changes, renewal, or nonrenewal of the county's guidelines do not affect existing tax-abatement agreements.

Sources

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