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HomeMy WebLinkAboutORD 08-015 ORDINANCE NO. 08-015 ENTITLED AN ORDINANCE DESIGNATING AREAS OF THE CITY OF BEAUMONT AS NEIGHBORHOOD EMPOWERMENT ZONES #1 AND #2 PURSUANT TO THE TEXAS NEIGHBORHOOD EMPOWERMENT ZONE ACT (TEXAS LOCAL GOVERNMENT CODE, CHAPTER 378); PROVIDING TAX INCENTIVES; ADOPTING TAX ABATEMENT GUIDELINES AND CRITERIA; AND DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE EMPOWERMENT ZONE. WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to induce the investment of private resources in productive business and residential enterprises located in areas of the City; and WHEREAS, to further this purpose, it is in the best interest of the City to designate such areas as Neighborhood Empowerment Zones #1 and #2 pursuant to the Texas Local Government Code, Chapter 378; and WHEREAS, the Council finds and determines that the creation of the empowerment zones would promote the creation of affordable housing, including manufactured housing, increase economic development, increase the quality of social services, education, or public safety provided to the residents in the zones, or the rehabilitation of affordable housing in the zones; and WHEREAS, the City Council finds and determines that the creation of the zones satisfies the requirements of the Texas Redevelopment and Tax Abatement Act, specifically Tax Code Section 312.202; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved, determined, and adopted. Section 2. That the City Council hereby designates the areas set forth in Exhibit A, attached hereto and incorporated herein for all purposes, as Neighborhood Empowerment Zones #1 and #2 (herein referred to as the "zones"). Section 3. That the City Council finds that the zones meet the qualification of the Texas Local Government Code, Chapter 378. Section 4. That the City Council finds that the creation of the zones benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the City of Beaumont. Section 5. That the guidelines and criteria governing tax abatement agreements attached hereto as Exhibit "B" are hereby adopted. By such action the City of Beaumont elects to become eligible to participate in tax abatement. Section 6. That the City Council directs and designates the City Manager as the City's authorized representative, to act in all matters pertaining to the designation of the areas described herein as Neighborhood Empowerment Zones #1 and #2. Section 7. That this ordinance shall be effective from and after its passage as provided by law. Section 8. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 9. That all ordinance or parts of ordinance in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 12th day of February, 2008. Mayor Becky Ames - s �1 / W 0 0� aa�.r� Boundary Description for Ward IV Empowerment Zones Zone One STARTING from a Point of Beginning(POB)at the intersection of the east right-of-way line of IH- 10 and the south right-of-way line of the BNSF railroad and going easterly along said railroad right- o'-way to 11' Street and continuing until reaching the r astern right-of-way he of Fourth Street; hence south along said eastern right-of-way line of Fourth Street until reaching the southern right-of- way line of Fannin Street; hence westwardly along said southern right-of-way line of Fannin Street until reaching the east right-of-way line of IH-10; hence northerly along said east right-of-way line of IH-10 until reaching the Point of Beginning.. Zone Two STARTING from a Point of Beginning(POB)at the intersection of the east right-of-way line of the BNSF railroad right-of-way and the centerline of Washington Boulevard and going in a northeasterly direction along said railroad right-of-way until reaching the centerline ofdrainage canal 116 belonging to Drainage District Six; hence turning and extending easterly along the centerline of said drainage canal 116 until reaching the western right-of-way line of 7' Street; hence northeasterly across 7' Street to a point on the east right-of-way line of 71'Street at the northern right-of-way line of Terrell Ave.; hence easterly along said right-of-way line of Terrell Ave. to 4`s Street and continuing on the same course until reaching the eastern right-of-way line of San Jacinto Street;hence south along said eastern right-of-way line of San Jacinto Street to the northern right-of-way line of Rockwell Street; hence easterly along said northern right-of-way line of Rockwell Street until reaching the eastern right-of-way line of Golaid Street;hence south along the eastern right-of-way line of Golaid Street until reaching the south right-of-way line of Euclid Street;hence westerly along the south right-of- way line of Euclid Street until reaching the eastern right-of-way line of 7'Street;hence south along said eastern right-of-way line of 7* Street until reaching the northern right-of-way line of Cardinal Drive (U.S.69) and finally the centerline of Cardinal Drive; hence westerly along the centerline of Cardinal Drive until reaching the eastern right-of-way line ofthe BNSF railroad right-of-way and then turning and extending northerly along said eastern right-of-way line of the BNSF railroad until reaching the Point of Beginning(POB). EXHIBIT "A" City of Beaumont Neighborhood Empowerment Zone Incentive Policy Program Goals: It is the City of Beaumont's goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Empowerment Zones. Definitions: A. Abatement: full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. Agreement: a contractual agreement between a property owner and a taxing jurisdiction for the purpose of a tax abatement. C. Base Year Value: the assessed value of either the applicant's real property and improvements located in a designated reinvestment zone on January 1 of the year prior to the execution of the agreement plus the agreed upon value of any property improvements made after January 1 of that year but before the execution of the agreement, and/or the assessed value of any tangible personal property located on the owner's real property on January 1 of the year prior to the abatement period covered by the agreement. D. Facility: property improvements completed or in the process of construction which together comprise an integral whole. E. Real Property: area of land defined by legal description as being owned by the person applying for a tax abatement, including any improvements thereto, which is to be improved and valued for property tax purposes, and which is to be included in the Neighborhood Empowerment Zone. F. Neighborhood Empowerment Zone: is an area designated as such for the purpose of providing economic incentives, including a tax abatement, as authorized by the City of Beaumont in accordance with Texas Local Government Code Annotated Section 378 as amended. EXHIBIT "B" Program Policy: It is the policy of the City of Beaumont that consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. This policy applies to the owners of real property. Project consideration will include the potential impact of the reinvestment project on the immediate and surrounding area. A. Authorized Facility : Neighborhood Empowerment Zone Incentives may be granted within a Neighborhood Empowerment Zone for new construction or renovation of single- family uses for investments of$50,000 or greater and may be granted for all other uses for investment of$75,000 or greater. B. Eligible Property : Neighborhood Empowerment Zone Incentives may be granted for new construction or renovation of owner-occupied single-family homes, office, retail, restaurant and multi-family residential facilities within a Neighborhood Empowerment Zone, designated by the City Council of the City of Beaumont, Texas. C. No incentives shall be granted for development resulting from the relocation of an eligible facility from one area of the city to within the Neighborhood Empowerment Zone. Procedural Guidelines: Any person, partnership, organization, corporation or other entity desiring that the City of Beaumont consider providing Neighborhood Empowerment Zone incentives shall be required to comply with the following procedural guidelines. No representations made herein considered binding unless and until approved by the City of Beaumont City Council. Preliminary Application: Applicants shall submit a completed"Application for Neighborhood Empowerment Zone Development Incentives" form for consideration of incentives to the Community Development Department of the City of Beaumont, 801 Main Street, Beaumont, Texas 77701. Consideration of the Application: A. The City Manager will consider requests for incentives in accordance with these policies, pursuant to Chapter 378 of the Texas Local Government Code. Additional information may be requested as needed. B. The City Council may enter into an agreement that outlines the terms and conditions between the City and the applicant, and governs the provision of the incentives. 2 Inspection of the Project: During the term of such agreement, the City of Beaumont will have the right to inspect the project facility during regular business hours to ensure compliance with the agreement and accuracy of the owner certification. Recapture: If a project is not completed as specified, or if the terms of the incentive agreement are not met,the City has the right to cancel or amend the incentive agreement and all previously waived fees and abated taxes shall become due to the City and liens may be reattached. Effect of Sale, assignment or lease of property: No incentive rights may be sold or assigned without the approval of the City Council. Any sale, assignment or lease of the property may result in execution of the recapture provision, as outlined above. Types of Incentives Available: Building Fee Waivers The Building Construction Fee Waiver Program affords property owners an exemption from planning and building fees associated with new construction or renovation and occupancy of eligible facilities within the target area. Expedited Permit Reviews: In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the Community Development Department is committed to assisting applicants through the planning and permit review process as quickly as possible. Lien Waivers In order to render properties with Neighborhood Empowerment Zones more marketable, the Lien Waiver Program affords property owners a release of liens attached to properties as the result of demolitions or expenditures associated with cutting high grass. Release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area. 3 Construction Tax Abatement The Construction Tax Abatement Program is an economic development tool designed to provide incentives for the new construction or renovation of single-family homes, office, retail, restaurant and multi-family residential facilities within a Neighborhood Empowerment Zone. The Construction Tax Abatement Program is intended to contribute to area development by attracting additional capital and human investment to the area as well as additional residents to support economic development activities within the area. Value of Abatements: authorized facilities may be granted an abatement on all or a portion of the increased taxable value of eligible property over the base year value for a period not to exceed three(3)years. Tax Abatement Program Guidelines: The eligibility requirements are as follows: Investment Abatement Schedule $50,000&up for residential uses and $75,000&up for all other uses 1000/0 la Year $50,000 &up for residential uses and $75,000&up for all other uses 100% 2"d Year $50,000& up for residential uses and $75,000&up for all other uses 100% 3`d Year Abatement Program Considerations: A. The final valuation determined by the Jefferson County Appraisal District will be used to determine the actual yearly tax abatement exemption. B. The tax abatement shall be granted only to the owner of the property. C. No tax abatement exemption shall be effective until the applicant has met all of the eligibility requirements contained in the guidelines and policies, state law, and City of Beaumont codes. D. There shall be no retroactive tax abatement exemptions—all tax abatement exemptions become effective only on or after the date the City Council approves the tax abatement agreement. E. The applicant shall agree to hold the City of Beaumont, its agents, employees and public officials harmless and pay all attorneys' fees that are generated by any dispute regarding the tax abatement agreement. 4 F. Personal and or real property identified before the period covered by the abatement agreement will not be eligible for abatement. 5