R2007-181 2007-11-12
RESOLUTION NO. R2007-181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ADOPTING A POLICY FOR THE USE OF
SPECIAL DISTRICTS AND SPECIAL INCENTIVES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That the City Council hereby adopts a Policy for the Use of Special
Districts and Special Incentives.
PASSED, APPROVED, AND ADOPTED this the 1ih day of November, A.D., 2007.
ATTEST:
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TOM REID
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
City of Pearland, Texas
Exhibit
Resolution No. R2007 -181
Policy for the Use of Special Districts and Special Incentives
October 2007
1. Purpose of Policy
The City of Pearland will consider the use of special districts and other special incentives to
promote new development and redevelopment where it can be demonstrated that an increase in
tax base can reasonably be expected and the overall quality of life for people who live and work
in the City can be improved. This policy will be applicable within the City and within its Extra-
Territorial Jurisdiction (ETJ). For those proposed developments that meet the goals and criteria
of this policy, the City is willing to consider the following types of special districts and
incentives: municipal utility districts, tax increment reinvestment zones, municipal management
districts, public improvement districts, neighborhood empowerment zones, Chapter 380 grants,
and municipal development districts as described in Section 3. (Tax Abatements are provided
for by separate criteria.) The City Council may amend this policy to comply with changes in
state statutes and/or to respond to changing conditions and circumstances that may arise.
The purpose of this Policy is to establish a common understanding and consistent approach to
guide developers, City staff, the City Council and the general public through a stand2.rdized
evaluation process for development proposals that request City consideration of a :;pecial
district. The policy is intended to:
. Provide consistency - Provide consistent ground rules regarding what is required from
developers and a uniform process for City staff in evaluating development proposals
where the creation of a special district and the granting of special incentives is being
considered, or may be appropriate, and in making recommendations to the City Council.
. Protect the City's interests ~ Clearly articulate the information that the City Council
requires in order to make a well-informed decision that is in the best interest of the City.
. Create mutually beneficial relationships - Ensure that benefits accrue for both the
City and the developer so that the overall quality and sustainability of tax base is
ensured. At the same time, create a positive and predictable development atmosphere
that will place and keep Pearland in the competitive forefront in attracting high-quality
jobs and environmentally friendly business and industry.
. Promote a thorough understanding regarding when the city will create special
districts - Demonstrate to the development community that the City may consider the
use of special districts and other special incentives under circumstances where a
proposal meets the goals set out in this policy and where demonstrable extraordinary
benefits will accrue to the City.
2. Goals of the Policy
1. Improve the overall quality and performance of the City's infrastructure and facilities.
. Development should make significant positive contributions to public infrastructure and
facilities that will have broad reaching benefits, including the older areas of the City.
. Facilities may include proportionate share of fire stations and equipment needed to serve
the development and area.
2. Promote growth and balance in the local economy.
. Encourage quality highest and best land uses consistent with the city's Comprehensive
Plan.
. Attract high-paying jobs.
3. Ensure high quality well planned developments.
. The City is predominantly interested in promoting only the highest and best use of land
consistent with the Comprehensive Plan to foster sustainable tax base.
. Development should be well planned and comprehensive, taking into consideration the
impact of the proposed development on potential future development opportunities on
nearby lands, incorporating material, energy, technological, and water conservation
programs into residential and commercial land use, landscape and construction of
projects.
. Provide a broad range of housing options
4. Protect the City's tax base.
. Development should generate ad valorem value that is higher than the average for
comparable properties and generate increased sales tax revenue.
. Development should create and sustain whatever income streams are necessary to
support any public projects and services associated with the development.
. Each TIRZ must be sustained by the value it creates.
. Each TIRZ project must benefit the entire city. Examples of qualified TIRZ projects
include those for mobility; construction, expansion and/or over sizing of utilities;
regional water, wastewater, detention facilities and municipal facilities including fire
stations; and those making special contributions to the quality of life in Pearland.
. The cost of providing city services must be accounted for when considering a TIRZ and
a project within a TIRZ. The Cost of Service will be calculated and provided by the
City.
. Only capital improvements projects that cannot be reimbursed by any other
economically feasible means, that have a citywide benefit consistent with the
Comprehensive Plan, and that provide a necessary public purpose will be considered for
sales tax reimbursements. These type projects will generally be limited to major and
minor thoroughfares, rail extensions, major city facilities, regional detention and other
projects that may meet the city's needs.
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3. Description of Special Districts:
There are a variety of public-private partnerships available to municipalities in Texas. The type of
partnership that is most appropriate is determined by the specific financing needs of the proposal as
well as the types of public facilities that are being proposed. In some instances it may be desirable
to layer multiple partnerships. In other instances it may not be necessary to create a partnership at
all.
The use of an economic development tool in one instance shall not be construed as setting a
precedent for subsequent developments. Consideration for economic development tools will be
given in accordance with the procedures and criteria outlined in this document but nothing should
be implied or suggested that the City is under any obligation to provide any economic development
tool, public-private partnership, incentive or special district to any applicant. All applications will
be considered on a case-by-case basis.
This policy will be applicable within the City of Pearland and within its Extra- Ten-itorial
Jurisdiction (ETJ). For those proposed developments that meet the goals and criteria of this policy,
the City will consider the following types of Economic Development Tools:
. Municipal Utility District
A Municipal Utility District (MUD) can be created by provisions of the Constitution, the
Water Code, or Legislative Act. They help finance the cost of water, wastewater, drainage
and detention required for development, usually (but not necessarily) in unincorporated
areas. MUDs have the power to levy an ad valorem tax to repay developers for the
provisions of needed infrastructure plus the operation and maintenance of district facilities.
MUDs generally reimburse developers from between 70% to 100% for water, sewer,
drainage and detention costs, as well as associated financing costs. MUDs have also
recently been given broader powers to provide such additional services as garbage
collection, security, parks construction and roads.
A MUD is a financing vehicle which serves to provide basic infrastructure and acceptable
amenities in residential areas. For in city MUDs, it is the intent of the City to immediately
operate and own its own water and sewer facilities as well as other infrastructure, with the
exception of detention facilities, within the MUD. For ETJ MUDs, it is the intent of the
City to ultimately operate and own its own water and sewer facilities as well as other
infrastructure, with the exception of detention facilities, within the MUD.
. Tax Increment Reinvestment Zone
A Tax Increment Reinvestment Zone (TIRZ) is a development-financing tool createc. under
the provisions of Chapter 311 Texas Tax Code. A TIRZ provides a method to finance
improvements in a specifically designated zone using tax increment funds. The Ci':y may
2007 3
designate a specific geographic area as a Reinvestment Zone to promote development or
redevelopment of the area if such development would not occur solely through private
investment in the reasonably foreseeable future.
At the time the TIRZ is created, the base taxable value is established. The tax revenue
generated on the increased value over and above the base year value is known as the
"increment" and can be used by the TIRZ to pay for public improvements within the TIRZ.
The term tax increment financing (TIF) refers to the amount of tax revenue generated on the
increased property values, which result from new development or redevelopment.
Municipalities and counties may create a TIRZ and any jurisdiction that levies a tax within
the TIRZ may "participate" by contributing all or a portion of its tax to the TIRZ. However,
existing law and property tax formulas make School District participation unlikely.
A TIRZ is primarily for financing of public infrastructure to improve master planned
communities, to promote revitalization, and/or promote commercial development.
. Municipal Mana2:ement District/Improvement District
Municipal Management Districts and Municipal Improvement Districts are created either by
a special act of the Legislature or through petition to the Texas Commission on
Environmental Quality (TCEQ). Property owners within these districts are authorized to
assess, and in some instances tax, themselves to fund specific improvements, including those
related to quality of life issues such as beautification, security, mobility, transit, traffic
control, and marketing. Also, these districts can operate and maintain infrastructure through
services such as landscape maintenance and street and sidewalk sweeping.
Municipal Management Districts/Improvement Districts can also function on a pee:~ level
with other public agencies to provide a similar mechanism for interaction between the
agencies, property owners, tenants and residents to guide the cooperative processes typically
necessary for effective large-scale development and/or redevelopment. Municipal
Management/Improvement Districts have the ability to provide long-term maintenance to
improvements.
. Public Improvement Districts
A Public Improvement District (PID) is a financing tool created under the Public
Improvement Chapter 372 of the Texas Local Government Code. This tool allows the City
to initiate or receive a petition from property owners requesting the establishment of a
special district to finance improvements. A PID can even be used to actively market an
area. A PID is created by the City Council and needs no state agency approval.
A PID enables a neighborhood or commercial area to make improvements benefiting the
area and spread the cost equally among all properties. Property owners who benefit from
the improvements are assessed based on benefit. It is an overlapping assessment, i.e. it is in
addition to City, County and School District taxes.
4
. Nei2hborhood Empowerment Zone
Neighborhood Empowerment Zones (NEZ) can be created by the City Council under the
provisions of Chapter 378 of the Local Government Code. Through creation of a NEZ the
City is allowed to contract to abate and/or refund all or a portion of taxes, including personal
property and sales taxes, if the City makes findings that the zone will promote economic
development within its corporate limit. To create a NEZ the City must adopt an ordinance or
resolution with findings that the zone will contribute to the economic development of the
City.
. Abatements
Tax abatements are a popular economic development tool used by municipalities across the
state. Under these agreements, all or part of the value of improvements created is removed
from the tax rolls for a period of up to 10 years. Abatements are generally viewed by taxing
units as "seed money" that temporarily lowers a company's cost of investment, while
eventually adding to the community's job core and tax base. Abatements may be used alone
or in concert with other programs.
(Abatements are governed by separate criteria adopted by the City Council.)
. 380 Grants
Chapter 380 of the Local Government Code provides significant latitude to Texas
municipalities interested in economic development. If a City wants to provide loans, grants
of city funds, personnel, facilities, or services in furtherance of economic development
activities, it can utilize provisions of this law.
Under Chapter 380, the City must "establish a program" which can be administered by City
personnel or by contract with another entity. And economic development-related
expenditures of City funds must be made pursuant to consideration and approval in an open
meeting of the City council.
. Municipal Development Districts (MDD)
Chapter 377 of the Local Government Code permits municipalities to create a district within
its corporate limits, or extraterritorial jurisdiction, to finance projects eligible for 4B
economic development assistance. With the approval of voters within the District, the
municipality may levy an additional sales tax of up to one half percent. Revenue from that
tax must be used to fund eligible projects or pay for bonds secured by the pledge of the
District's sales tax.
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The City reserves the right to limit the term or duration of any special district or incentive it creates
or consents to being created. Further the City may limit the timing, term and number of debt issues
and refinancing of debt as may be appropriate to coordinate debt repayment with the term or
duration of the special district or incentive. A chart summarizing the powers and creation process
for all these, except the Neighborhood Empowerment Zone, is included as an exhibit to this
document.
4. Evaluation Criteria
All proposals submitted to the City for consideration of creation of a special district or incentives
under this policy must be complete according the following criteria. Non-responsive, incomplete,
or proposals lacking sufficient detail may be deferred until all information necessary for a thorough
review, including payment of an application fee, have been provided.
Developers are expected to pay all costs to the city associated with the consideration and processing
of this application as well as the costs of the creation of any special district and/or negotiations for
the approval of other special incentives, including any and all engineering, consulting, and attorneys
fees.
These represent minimum criteria. Individual requirements may vary depending on circumstances
and are subj ect to negotiation.
a) General Provisions for Special Districts in Pearl and
Minimum
Type of Special Total Size Residential Component Commercial
District of Component
Developme
nt
Municipal 100 acres Not required If no
Utility District commercial
(General) If a residential component is included, the average component,
sales price must exceed the current tax roll average must provide
house value by at least twenty percent public
amenlties.
All applicable city regulations and guidelines for
parks, open space, detention, mobility, utilities,
public safety, school sites etc. shall apply to MUD
developments.
The term of the MUD debt and the life of the MUD
is limited to no more than 30 years after the first
debt issuance. The City may agree to an extension
under conditions consistent with this policy.
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6
Annexations by MUDs of additional territory,
including those in existence at the time of the
adoption of this policy, shall only be considered on a
case by case basis.
Road powers will generally not be considered except
when they will be used to construct major and minor
thoroughfares that would not otherwise be required
in existing development regulations or ordinances.
Park improvements and other public use lands will
be considered where they have community-wide
benefit. Priority will be given but not limited to
projects that are included in the Master Parks Plan
and/or the Hike and Bike Trail Master Plan.
There will be no city tax rebate to the MUD
Municipal Same as Same as MUD General Criteria with the following Same as
Utility District MUD additional conditions: MUD
(ET J) General General
Criteria Critelia
For MUDs approved in the ETJ the Strategic
Partnership Agreement (SPA) will at a minimum
address the following: specific conditions, that when
met, will trigger annexation at the city's discretion;
allocation of municipal resources including fire,
police and solid waste services; drainage, utilities,
roads and other infrastructure requirements; limited
annexation conditions; and applicable development
and land use regulations.
Tax Increment None Allowed in mixed-use developments, with Required
Reinvestment residential component to be negotiated.
Zones
A minimum of 750 units for a primarily residential
TIRZ.
All applicable city regulations and guidelines for
parks, open space, detention, mobility, utilities,
public safety, school sites etc. shall apply to TIRZ
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developments.
The TIRZ must ensure a annual reimbursement or
payment in the amount of the current cost of service
for an equivalent single family connection within the
TIRZ area, to be adjusted annually, based on the
total expenses in the operating budget. The
calculation of the equivalent single family
connection will be based on the same formula as that
used to calculate Impact Fees.
A TIRZ will not be used to directly "buy down" a
MUD tax rate and there will be no city tax rebates to
a MUD in the same area.
The preferable vehicle for constructing
infrastructure through the TIRZ is direct pay (pay as
you go) versus the issuance of debt.
Use of city sales tax to reimburse the TIRZ will only
be considered where major commercial components
are included III the developments thus the
development generates sales tax. The
reimbursement will only use up to 50% of the total
sales tax generated to ensure immediate benefit to
the city of the remaining income, and its use is
intended as a performance measure to shorten the
life of the TIRZ, rather than expand the size of the
reimbursement.
The use of Pearland Economic Development
Corporation sales tax will be negotiated separately.
Additional infrastructure approved must be of a
community wide benefit, through projects such as
major thoroughfares; utilities construction,
expansion, and/or over sizing; and the construction
of city facilities
Each agreement negotiated for a TIRZ is a stand-
alone incentive package, and is not an entitlement,
nor does it set any precedent for subsequent
agreements.
8
Municipal None Allowed in mixed-use developments, with Required
Management residential component to be negotiated.
Districts
All applicable city regulations and guidelines for
parks, open space, detention, mobility, utilities,
public safety, school sites etc. shall apply to MDD
developments.
Public None If a residential component is included, the average Ifno
Improvement sales price must exceed the current tax roll average comrr.ercial
Districts house value by at least twenty percent component,
must provide
All applicable city regulations and guidelines for public:
parks, open space, detention, mobility, utilities, amenities.
public safety, school sites etc. shall apply to Pill
developments.
Neighborhood None Generally will not be considered except under Required
Empowerment special circumstances
Zone
b) Evaluation Criteria Checklist
""
. Preproposal effort: A minimum $5,000 nonrefundable fee will be paid to the City at
the initiation of the process to be applied toward fees and expenses related to the
special district and other special incentives review and approval process. This
process is estimated to cost $50,000, and will serve to pay for all the city's costs for
processing this application including but not limited to engineers, financial and other
consultants, and attorneys, however actual costs may be higher or lower.
. Packages will include the following: Submit 10 copies of the complete proposal
package (paper and digital)
0 Detailed description of proposed development and type( s) of Special District
being requested including preliminary land plan of the proposed development
0 Business plan, if applicable
0 Market feasibility considerations / justification of need
0 Proposed development schedule
0 Project construction estimates / pro forma projections
0 List of previous projects
0 References
--
9
--
0 Map and/or list of all land in which the proponent has an interest that is
contiguous to, and/or in close proximity to the land that is the subject of this
submission
--
0 Detailed description of how each of the evaluation criteria listed below are
addressed:
--
Developer/Applicant
. Financial capability to carry-out the proposed development
. Proven track record
. Project management expertise
--
Evaluation of Development Impact (Costs and Benefits) --
Long Term Strategies
. Employment generation - short and long term (no. & type of jobs, salary levels)
. Business and job retention
. Infrastructure improvements (existing and proposed)
. Extent of high-end housing proposed
--
Environmental Impact
. Environmentally-friendly, clean businesslindustry
. Assessment of impact of development on surrounding area
Impact on Public Infrastructure and Services
. Transportation/mobility, traffic and roads (Transportation Impact Analysis)
. Water need requirements
. Sanitary sewers
. Storm water/drainage/detention
. Other utilities (electricity, fiber optics, etc.)
. Police, Fire and EMS
. Schools
. Parks and recreation
. Library
Impact on City Policies, Ordinances & Regulations
. Comprehensive Plan
. City Codes or Ordinances, including subdivision code and zoning standards
Fiscal Impact
. Property tax
. Sales tax from construction activities
. Sales tax derived from development itself
--
. Franchise and service fees
. Other City revenue sources
Analysis of the Degree to Which the Project Exceeds Community Needs as
2007
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--
Outlined by City Policies, Ordinances, Regulations
. Comprehensive Plan
. Thoroughfare Plan
--
. Parks Maser Plan
. Capital Improvements Plan
--
. Code or Ordinances, including subdivision code and zoning standards
--
. Any other City goals or visions as may be appropriate
Submittal Should Contain a Discussion of any Project Specific Special Considerations Such as:
. Land use, architectural, landscaping and construction characteristics designed to maintain
and/or enhance community character --
. Efforts to identify and address concerns of adjacent and interested parties
. Efforts to identify, address, conserve and/or enhance traditional, historical, ecological, or
scenic components of the site and community
. New technology not previously considered in existing Policies and Strategies
. Innovative community or business alliances associated with the project
Notwithstanding the individual criteria provided above, the City will review the aggregate impact of
each proposal in making its decision.
Special consideration will be given to the following when reviewing and recommending the
establishment of special use districts and other incentives provided in this policy within the City of
Pearland and its ETJ.
. To the extent practical, require and/or facilitate the broad connectIvIty of regional
infrastructure improvements including water and wastewater facilities, detention facilities,
park and open space facilities, thoroughfares and other facilities that can be connected
and/or combined to assist the overall development of the city's infrastructure in an
economical and well-planned way.
o This may require utilizing one or more special districts to be the "master" dis:rict to
provide regional sites and/or facilities to meet the overall regionahzation
requirements.
o In reverse, this may require one or more special districts to be "minor" districts and
participate in other locations and/or facilities to meet the overall regionabzation
requirements.
. Agreements with these districts shall include specific exit strategies that ensure the
following.
o At the end of the term of the district, all debt will be paid, and any additional new
debt or refunding debt will not be issued that will extend the term beyocd that
specified ending date.
o Conditions will be specified that when met will trigger annexation proceedings by
the City, at its discretion.
o The City may require that facilities owned or constructed by any district, allowed to
be created by the City, be conveyed to the City as part of the consideration for
creation for maintenance and operation by the City.
2007
11
. The City of Pearland will not rebate any revenues to the special district for any reason other
for any incremental tax derived for the purpose of meeting TIRZ requirements.
In addition to the fees listed in this section, the developer may be required to provide payment to the
City for the costs of any special planning or studies to be conducted by the City to ensure the
developer's plan is consistent with other plans within the City, and to allow the city to develop and
create comprehensive planes) for the orderly growth of the City of Pearland. These plans may
include but not be limited to the Comprehensive Plan of the City, a Master Thoroughfare Plan, a
Master Drainage Plan, and a Master Parks and Open Space Plan.
5. Evaluation Process
Each proposal for the creation of a special district or incentive shall be evaluated against the
provisions of this policy, according to the following review procedures. Additionally, submittals
must contain sufficient detail to permit a thorough review by the City. The Evaluation Criteria
Checklist shall serve as the basis by which a submittal is deemed complete. Non-responsive,
incomplete, or proposals lacking sufficient detail may be deferred until all information necessary for
a thorough review, including payment of an application fee have been provided.
The City will not enter into an agreement to use any economic development tool(s) if the request is
filed after the commencement of construction, alteration, or installation of the improvements
contemplated by the agreement.
. Prior to the submission of any proposal for the creation of a special district or the use of any
other special incentive listed in this policy, the developer/applicant is required to request a
pre-proposal meeting. This meeting will be attended by all or some of the representatives of
the Review Team as described below in item 5, at the discretion of the City Manager or
her/his designated representative. The purpose of the pre-proposal meeting is to address
questions regarding the use of this policy early on and to give preliminary consideration as
to whether the Review Team believes there is a reasonable expectation of support for the
proposal going forward. This does not, however, prejudice the Review Team's decision as a
result of the proposal going through the evaluation process nor does it in any way vest the
developer with the project. The pre-proposal meeting will also allow the Review Team to
identify for the developer/applicant amendment applications that would also be required to
permit the proposal to move forward, if it were successful under this policy.
. Proposals are to be submitted to the City of Pearl and, City Manager or her/his designee.
. The City Manager or her/his designee will oversee the initial evaluation for completeness of
the application and contact the proponent if additional information is required. Incomplete
applications will not be processed until all information, including payment of the application
fee, as set out above is provided.
. The City Manager or her/his designee will coordinate an evaluation of the application based
on the evaluation criteria and prepare a preliminary report. In the preparation of this report,
the City Manager or her/his designee will consult with other City departments, consultants
and other agencies, as appropriate, for their input regarding the proposal and its impacts on,
and costs and benefits to the City of Pearl and.
2007
12
. The Review Team, consisting of the following, will consider the proposal and the report.
o City Manager or his/her designee
o City management consultants as may be required by the staff
o City Attorney
o City Engineer
o City Planner
o City Finance office representative
o City Director of Public Works
o City Building Official
o City Public Safety personnel may include Police Fire, and EMS
o Executive Director of the PEDC, or his/her designee
The Review Team will prepare a final report with recommendations regarding the proposal,
and the proposal along with the final report and recommendations shall be forwarded to City
Council for consideration.
. The City will endeavor to meet a 60-day time frame for conducting its evaluation process,
following receipt of a properly completed proposal package and application fee.
. The City and the Review Team will respect the confidentiality of the material ':hat is
required by this policy to be submitted by the development/applicant, to the extent permitted
by law.
Check List and Sequences
The following meetings and documents will be required in the sequence as listed:
. Developer request meeting with City Manager or his/her designee to discuss the
development.
. Meet with Development Review Team. Subsequent meetings as necessary.
. Submit Application to City Manager or his/her designee.
. Submit Application and Reimbursement Agreement to City Commission.
. In case of a Municipal Utility District, apply to state for approval.
. Submit feasibility studies and pro forma.
. Submit marketing studies and strategy.
. Submit request for Special District in accordance with Special District Policy.
. Submit critical path and timeline charts.
. Develop the Plan Unit Development conditions.
. Develop the CC&R.
. Provide financial analysis and executive summary.
. Finalize Special District and financing plan.
. City approves Special District and executes Development Agreement or Strategic
Partnership Agreement as applicable.
Critical Paths and Timelines
13
City of Pear/and
Special District Poticy
Each project will have Critical Path and Timeline charts, furnished by the Developer, for completing
the approval process. The milestones in these instruments should correlate with City Council, Boards
and Staff Committees meetings. The City Council, Boards and Staff Committees will cooperate in
meeting these milestones but the Developer is responsible for providing the essential information and
documentation far enough in advance of the scheduled meetings to allow review and development of
recommendations.
CITY OF PEARLAND, ~
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Mayor
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City of Pearland, Texas
Policy for the Use of Special Districts and Special Incentives
October 2007
August, 2007