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HomeMy WebLinkAboutRES 88-170 billk R E S O L U T I O N WHEREAS the City Council of the City of Beaumont, Texas (the "City" ) and the Commissioners Court of the County of Jefferson, Texas (the "County" ) desire to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in a severely distressed area of the City and County, and to provide employment to residents of such area; and, WHEREAS, the City and County hereby find that the area of the City and County described in Exhibits "A" and "B" attached hereto (the "Zone" ) meets the criteria for designation as an enterprise zone under Section 4 of the Texas Enterprise Zone Act, Tex.Rev.Civ.Stat.Ann.Art. 5109.7 (the "Act" ) , on the grounds that the Zone has a continuous boundary and is 18.2 square miles in total area which represents 1 .9% of the total area within the jurisdiction of Jefferson County and 24% of the total area within the municipal jurisdiction of the City of Beaumont (exclusive of lakes and waterways) , and, among other conditions, the following conditions exist in the Zone which represent a threat to the health, safety, and welfare of the Zone: A. The average unemployment in the proposed area during the most recent 12-month period for which data is available is at least one and one-half (1 -1 /2) times the local, state or national average for that period; and, B. The proposed area meets the following criteria: (i ) the area was a low-income poverty area according to the most recent federal census; (ii ) the area is in a jurisdiction or pocket of poverty eligible for urban development action grants under federal law; (iii ) at least seventy percent (70%) of the residents of the area have an income below eighty percent (80%) of the median income of the residents of the locality or state, whichever is lower; (iv) chronic abandonment or demolition of commercial or residential structures exists in the area; and substantial tax arrearages for commercial or residential structures exist in the area; and, WHEREAS, the City and County find that it is in the best interest of the City and County to nominate the Zone as an enterprise zone pursuant to the Act; and, WHEREAS, the City and County have entered into binding agreements providing for the joint administration of the Zone, and do hereby agree to pursue jointly the creation and establishment of an enterprise zone pursuant to Section 5 of the Act; and, WHEREAS, the City and County hereby designate the Zone a reinvestment zone for tax abatement purposes, as provided by Section 11 of the Act and Section 312.201 and Section 312.401 of the Texas Tax Code, as amended; 2 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT AND THE COMMISSIONER'S COURT OF JEFFERSON COUNTY, TEXAS THAT: 1 ) The Zone meets the criteria for designation of an enterprise zone as set forth in Section 4 of the Act. 2) The City and the County hereby jointly nominate the Zone as an enterprise zone, in accordance with the Act, and designate the Zone an enterprise zone subject to the approval of the Texas Department of Commerce (the "Department" ) . 3) Upon approval by the Department, the Zone will be named "The Beaumont/Jefferson Enterprise Zone". 4 ) The Zone shall take effect on the date of the negotiated agreement to be entered into by the City/County and the Department. The Zone shall terminate seven (7) years thereafter or at an earlier time designated by subsequent resolution. 5 ) The City and the County direct and designate Ms. Karin Richmond, Consultant, as the City' s and the County' s authorized representative and liaison to consult in all matters pertaining to the nomination and designation of the Zone as an enterprise zone pursuant to Rule 176.4 (a) (2 ) (B) of the Rules. 6 ) The City has designated Albert E. Haines on behalf of the City and the County has designated Richard LeBlanc on behalf - 3 - of the County, to sign and enter into the negotiated agreement with the Department. 7) To qualify for tax relief and other incentives described in paragraph 8 below, the Qualified Business and/or the improvements made by the Qualified Business must: (i ) be located wholly within the zone; (ii) create at least twenty-six (26 ) full-time jobs or full-time equivalent jobs; ( iii) fall within the 2,000 - 3,000 series of the Standard Industrial Classification Code, as promulgated by the United States Office of Management and Budget; ( iv) expend a minimal capital investment of $1 ,000,001 .00; (v) not be located on any property that is owned or leased by a member of the City Council or the Commissioner' s Court; (vi ) conform to the requirements of the City' s zoning ordinances and all other applicable laws and regulations of both the City and County; (vii) be on the current City and County tax rolls. 8. The City and/or the County will provide the following tax relief and other incentives to Qualified Businesses, as defined in the Act, that are located in the Zone and, also, meet the criteria in paragraph 7 above; such tax relief and incentives not being applicable throughout the entire City or County. (i) The County will abate property taxes for Qualified Businesses in the Zone for five (5) years but in no - 4 - event no longer than the life of the Zone. To the extent that those taxes represent taxes on any increase in taxable value of the taxable property owned by Qualified Businesses in the Zone after such date, as follows: Percent of Number of New Value to Capital Cost Full-Time Permanent be Abated of the Project or Jobs Created 0% 0 - 1 ,000,000 0 - 25 25% 1 ,000,001 - 2,500,000 26 - 50 50% 2,500,001 - 5,000,000 51 - 75 75% 5,000,001 -10,000,000 76 -100 100% Over 10,000,000 Over 100 ( ii) The City will abate property taxes for Qualified Businesses in the Zone for five (5) years but in no event no longer than the life of the Zone. To the extent that those taxes represent taxes on any increase in taxable value of the taxable property owned by Qualified Businesses in the Zone after such date, as follows: Percent of Number of New Value to Capital Cost Full-Time Permanent be Abated of the Project or Jobs Created 0% 0 - 1 ,000,000 0 - 25 25% 1 ,000,001 - 2,500,000 26 - 50 50% 2,500,001 - 5,000,000 51 - 75 75% 5,000,001 -10,000, 000 76 -100 100% Over 10,000,000 Over 100 (iii) The city will abate one hundred percent (100%) of the City' s sales and use taxes for building materials, machinery, or equipment purchased by Qualified Businesses within the Zone; - 5 - (iv) The County will abate one hundred percent ( 100%) of any county sales and use taxes for building materials, machinery, or equipment purchased by Qualified Businesses in the Zone during the period for which the Zone is designated; (v) The City may reduce water and sewer initial hook-up charges to Qualified Businesses located in the Zone for the term of the Zone. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day oft_., a 1988. Mayor - ATTEST: ® ✓kosemar ,•�hiappett City Clerkr a skais+'aa - .i • r 6 - AREA.IN CITY OF BEAUMONT AREA IN JEFFERSON COUNTY `. AREA IN ORANGE COUNTY % ot ai ig i.. i i•1�1 �1••11♦1�1 ' � j11111.11111•a. k �1.11111♦11j � - '� ii•Ii11i�i1•i•••. ►1••111•♦•ii • � �•♦•11♦•Ii♦♦•11.111•��. ►11.1.1.11111.11 !•111�1♦•11�11�11�1♦�11111��• •1 fs�♦••♦11♦1111•♦•1111♦1••1♦♦1♦•1111♦•1♦11� 02 ( •♦11��•♦1♦11.11.11♦•11.1111••11111.11•♦1111 1�11j.1�11�•1�•1�11111111�11j11111�1�111� ��,91.1•••••11111♦•1111111111111♦1♦♦f1 �-i ����♦1�11j IIj IIj•♦r►�♦1�Iwh1111j11i •`!`,•11•11••1''1`•l►'i`111 f , r� � �4R+♦111•i 11i 1�'f11:1�:1�:•1 f �11111i•l nj,f. �•0���1��j�rlvj•L1�1�11 � '"_�� \�:♦1.111.1♦11•Ii `+•'``'11.11••♦111111•♦f ♦11•;�1ir�1.1.1♦1♦� / S!lq 1•1 �•1 ♦1�1♦.11�1.1.111 � , '1��11�IIj111�1�1j11�•1.1�1 �111111j11111�Q�1�Ii ''111111•♦f 'S4 � 4..111111, A i11111������11♦1 " •1111.;J.�j �1.11.11111111111111�r�j1 SCALE: 1" 7500' - 't.�ij11.111111111111!���•� +,�,.•11�•1�1•i1••1�11���i1 j� •1.1111��i�i PREPARED BY THE PLANNING DIVISION • - OF • - • • C COMMUNITY DEVELOPMENT DEPARTMENT TOTAL • MILES IN ZONE SQUARE EXHIBIT A EXHIBIT B ENTERPRISE ZONE Beaumont/Jefferson County, Texas BEGINNING at the point of intersection of the south right-of-way line of Calder Avenue and the east right-of-way line of Interstate Highway 10 in the City of Beaumont, Jefferson County, State of Texas, as the Point of BEGINNING; THENCE southward from the point of BEGINNING along the east right-of-way of Interstate Highway 10 to a point where the north right-of-way line of College Street and the east right-of-way line of Interstate Highway 10 intersect; THENCE eastward and northeastward along the north right-of-way line of College Street to a point where the east right-of-way line of the Martin Luther King, Jr. Parkway and the north right-of-way line of College Street intersect; THENCE southeastward along the east right-of-way line of the Martin Luther King, Jr., Parkway to a point where the east right-of-way line of the Martin Luther King, Jr., Parkway intersects the north right-of-way line of Washington Boulevard; THENCE east along the north right-of-way line of Washington Boulevard to a point where an extended north right-of-way line of Washington Boulevard would intersect the City limit line; THENCE southeastward, then southwestward along the City limit line to a point where the City limit line intersects the west right-of-way line of the Port Arthur Fresh Water Canal; THENCE southeastward along the west right-of-way line of the Port Arthur Fresh Water Canal to a point where the west right-of-way line of the Canal intersects the west right-of-way line of U.S. Highway 69, 96 and 287; THENCE S 2250 - 0' - 0" W to a point where this described line intersects the east right-of-way line of the West Port Arthur Road; THENCE south along the east right-of-way line of the West Port Arthur Road to a point where the east right-of-way line of the West Port Arthur Road intersects the Extra-Territorial Jurisdiction (ETJ) line of the City of Beaumont; THENCE easterly then northerly along the Beaumont ETJ line to a point where the Beaumont ETJ line intersects the west bank of the Neches River; THENCE northward along the west bank of the Neches River to a point that is two tenths (.2) of a mile east of the intersection of the City limit line and the west bank of the Neches River just east of the Port of Beaumont; THENCE north 00 - 0' - 0" north across the Neches River, the Southern Pacific and the Kansas City Southern Railroad tracks and Bairds Bayou to a point where this described line intersects the south right-of-way line of Interstate Highway 10; THENCE westward along the south right-of-way line of Interstate Highway 10 to point where the south right-of-way line of Interstate Highway 10 intersects the west right-of-way line of Pine Street; THENCE northward along the west right-of-way line of Pine Street to a point where the west right-of-way line of Pine Street intersects the south right-of-way line of Elm Street; THENCE westward along the south right-of-way line of Elm Street to a point where the south right-of-way line of Elm Street intersects the east right-of-way line of Magnolia Avenue; THENCE southward along the east right-of-way line of Magnolia Avenue to a point where the east right-of-way line of Magnolia Avenue - 2 - intersects the south right-of-way line of Interstate Highway 10; THENCE westward along the south right-of-way line of Interstate Highway 10 to a point where the south right-of-way line of Interstate Highway 10 intersects the west right-of-way line of the Santa Fe Railroad; THENCE southward along the west right-of-way line of the Santa Fe Railroad to a point where the west right-of-way line of the Santa Fe Railroad intersects the south right-of-way line of Calder Avenue; THENCE westward along the south right-of-way line of Calder Avenue to a point where the south right-of-way line intersects the east right-of-way line of Interstate 10, the Point of BEGINNING. This area being more or less 18.2 square miles. - 3 - Special Session, August 20*h.,A.D.,1988 BE IT REMEMBERED that on this the 29th day of August,A.D. ,1988 Preamble. there was begun and holden a Special Session of the Commissioners Court of Jefferson County, Texas, with the following members and officers ipresent and participating: 'don.R.P.LeBlanc Jr. , County Judge; Norman J. Troy, Commissioner Precinct No. 1; James A. Smith Jr. , Commissioner Precinct No. 2; Dave Smith Jr., Commissioner Precinct No. 3; Edward C. Moore, Commissioner Precinct No. 4; R. E. Culbertson, Sheriff, and Lolita Ramos, Clerk, when the following proceedings were had and orders made, to-wit: ii - - - - - - - - - - - - - - Order Approving Resolution Creating An Enterprise Zone In Cooperation With City Of Beaumont . Upon motion of Judge LeBlanc , seconded by Commissioner Moore , and unanimously adopted, the following Resolution be and the same is. hereby approved : R E S O L U T I O N WHEREAS the City Council of the City of Beaumont, Texas (the "City" ) and the Commissioners Court of the County of Jefferson, Texas (the "County" ) desire to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in a severely distressed area of the City and County, and to provide employment to residents of such area; and, WHEREAS, the City and County hereby find that the area of the City and County described in Exhibits "A" and "B" attached hereto (the "Zone" ) meets the criteria for designation as an enterprise zone under Section 4 of the Texas Enterprise Zone Act, Tex.Rev.Civ.Stat.Ann.Art. 5109 . 7 (the "Act" ) , on the grounds that the Zone has a continuous boundary and is 18. 2 square miles in total area which represents 1 . 9% of the total area within the jurisdiction of Jefferson County and 24% of the total area within the municipal jurisdiction of the City of Beaumont (exclusive of lakes and waterways ) , and, among other conditions, the following conditions exist in the Zone which represent a threat to t-he health, safety, and welfare of the Zone: A. The average unemployment in the proposed area during the most recent 12-month period for which data is available is at least one and one-half ( 1 -1 /2 ) times the local, state or national average for that period; and, B. The proposed area meets the following criteria: M the area was a low-income poverty area according to the most recent federal census; (ii ) the area is in a jurisdiction or pocket of poverty eligible for urban development action grants under federal law; ( iii ) at least seventy percent (70%) of the residents of the area have an income below eighty percent (80%) of the median income of the residents of the locality or state, whichever is lower; (iv) chronic abandonment or demolition of commercial or residential structures exists in the area; and substantial tax arrearages for commercial or residential structures exist in the area; and, WHEREAS, the City and County find that it is in the best interest of the City and County to nominate the Zone as an enterprise zone pursuant to the Act; and, WHEREAS, the City and County have entered into binding agreements providing for the joint administration of the Zone, and do hereby agree to pursue jointly the creation and a - establishment of an enterprise zone pursuant to Section 5 of the Act; and, WHEREAS, the City and County hereby designate the Zone a reinvestment zone for tax abatement purposes, as provided by Section 11 of the Act and Section 312.201 and Section 312. 401 of the Texas Tax Code, as amended; 2 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT AND THE COMMISSIONER' S COURT OF JEFFERSON COUNTY, TEXAS THAT: 1 ) The Zone meets the criteria for designation of an enterprise zone as set forth in Section 4 of the Act. 2) The City and the County hereby jointly nominate the Zone as an enterprise zone, in accordance with the Act, and designate the Zone an enterprise zone subject to the approval of the Texas Department of Commerce (the "Department" ) . 3) Upon approval by the Department, the Zone will be named "The Beaumont/Jefferson Enterprise Zone". 4) The Zone shall take effect on the date of the negotiated agreement to be entered into by the City/County and the Department. The Zone shall terminate seven (7) years thereafter or at an earlier time designated by subsequent resolution. 5) The City and the County direct and designate Ms. Karin Richmond, Consultant, as the City"s and the County' s authorized representative and liaison to consult in all matters pertaining to the nomination and designation of the Zone as an enterprise zone pursuant to Rule 176. 4 (a) (2 ) (B) of the Rules. 6) The City has designated Albert E. Haines on behalf of the City and the County has designated Richard LeBlanc on behalf 3 - of the County, to sign and enter into the negotiated agreement with the Department. 7) To qualify for tax relief and other incentives described in paragraph 8 below, the Qualified Business and/or the improvements made by the Qualified Business must: (i) be located wholly within the zone; (ii ) create at least twenty-six (26 ) full-time jobs or full-time equivalent jobs; ( iii ) fall within the 2,000 - 3 ,000 series of the Standard Industrial Classification Code, as promulgated by the United States Office of Management and Budget; (iv) expend a minimal capital investment of $1 ,000 ,001 .00; (v) not be located on any property that is owned or leased by a member of the City Council or the Commissioner' s Court; (vi) conform to the requirements of the City' s zoning ordinances and all other applicable laws and regulations of both the City and County; (vii ) be on the current City and County tax rolls. 8 . The City and/or the County will provide the following tax relief and other incentives to Qualified Businesses, as defined in the Act, that are located in the Zone and, also, meet the criteria in paragraph 7 above; such tax relief and incentives not being applicable throughout the entire City or County. (i) The County will abate property taxes for Qualified Businesses in the Zone for five (5 ) years but in no - 4 - event no longer than the life of the Zone. To the extent that those taxes represent taxes on any increase in taxable value of the taxable property owned by Qualified Businesses in the Zone after such date, as follows: Percent of Number of New Value to Capital Cost Full-Time Permanent be Abated of the Project or Jobs Created 0% 0 - 1 ,000,000 0 - 25 25% 1 ,000,001 - 2,500,000 26 - 50 50% 2,500,001 - 5,000,000 51 - 75 75% 5,000,001 -10 ,000,000 76 -100 100% Over 10 ,000,000 Over 100 (ii) The City will abate property taxes for Qualified Businesses in the Zone for five (5 ) years but in no event no longer than the life of the Zone. To the extent that those taxes represent taxes on any increase in taxable value of the taxable property owned by Qualified Businesses in the Zone after such date, as follows: Percent of Number of New Value to Capital Cost Full-Time Permanent be Abated of the Project or Jobs Created 0% 0 - 1 ,000 , 000 0 - 25 25% 1 ,000 ,001 - 2 , 500, 000 26 = 50 50% 2,500,001 - 5,000, 000 51 - 75 75% 5,000 ,001 -10,000,000 76 -100 100% Over 10 ,000,000 Over 100 ( iii ) The city will abate one hundred percent ( 100%) of the City' s sales and use taxes for building materials, ' machinery, or equipment purchased by Qualified Businesses within the Zone; 5 - ( iv) The County will abate one hundred percent ( 100% ) of any county sales and use taxes for building materials , machinery, or equipment purchased by Qualified Businesses in the Zone during the period for which the Zone is designated; (v) The City may reduce water and sewer initial hook-up charges to Qualified Businesses located in the Zone for the term of the Zone. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1988. Mayor - ATTEST: Rosemar I Z Chiap ape tt City Clerk 6 - PASSED AND APPROVED this 29th day of August, 1988 by the Commissioner' s Court of Jefferson County, Texas by a vote of 5 ayes and 0 noes. d9, iP S- County Judge - 7 The State of Texas County of Jefferson I , LOLITA RAMOS , Clerk of the County Court , and Ex-officio Clerk of the Commissioners ' Court of Jefferson County, Texas , hereby certify that the above and foregoing is a true and correct copy of the order Approving Resolution Creating An Enterprise Zone In Cooperation With City Of Beaumont. as the same appears of record in the Commissioners ' Court Minutes in my office . Given under my hand and seal of office , this 30th day of August , A . D. , 19 88 LOLITA RAMOS , Clerk , County Court , and Ex-officio Clerk , Commissioners ' Court , Jefferson County, Texas By ��( Deputy Sue Woods