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HomeMy WebLinkAboutORD 97-13 1-51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS NOMINATING AN AREA AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2303); PROVIDING TAX INCENTIVES; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE (TEXAS TAX CODE, CHAPTER 312); AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF COMMERCE. WHEREAS, the City Council of the City of Beaumont, Texas desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the city and to provide employment to residents of such area; WHEREAS, certain conditions exist in such area which represent a threat to the health, safety, and welfare of the people of such area; and WHEREAS, it is in the best interest of the City to nominate such area as an enterprise zone pursuant to the Texas Enterprise Zone Act (Texas Government Code, Chapter 2303, the "Act"); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. That the City Council hereby nominates the area set forth and attached hereto as Exhibit A, and made a part hereof for all purposes as an enterprise zone (herein the "zone"). Section 2. That the City Council finds the zone area meets the qualifications of the Act. Section 3. The City Council has heretofore adopted a "Uniform Tax Abatement Policy", attached hereto as Exhibit B. Section 4. That the City Council will provide certain tax incentives applicable to business enterprises in the zone which are not applicable throughout the City as follows: The City shall refund to any qualified business located in the zone the amount of tax paid under the Municipal Sales and Use Tax Act (Texas Tax Code, Chapter 321) by the business and remitted to the Comptroller of Public Accounts up to the maximum extent authorized by Sections 2303.505 and 2303.506 of the Act, and for a period determined by the City, but which shall not exceed five years. The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in the zone. The level of abatement shall be based upon the extent to which the business either expends funds toward capital improvements or creates jobs for qualified employees, in accordance with the attached Exhibit B, and with qualified employee being defined by the Act. Other incentives that may be negotiated in the zone on a case by case basis are as follows (the first three being offered only in the zone): Accelerated zoning and permit procedures. Transfer of city owned surplus land at below market prices for the public purpose of economic development. The City will apply for training grants for new permanent jobs as available and appropriate to the industry. Revolving loan fund to assist businesses creating new permanent jobs. Capital improvements in water and sewer facilities and road repair Section 5. That the area described in this ordinance is designated as an enterprise zone, subject to the approval of the Texas Department of Commerce. Section 6. That the City Council directs and designates its city manager as the City's authorized representative to act in all matters pertaining to the nomination and designation of the area described herein as an enterprise zone. Section 7. That the City Council further directs and designates its city manager as liaison for communication with the Department to oversee zone activities and communications with qualified businesses. Section 8. That a public hearing to consider this ordinance was held by the City Council on February 13, 1997. Section 9. That this ordinance shall take effect from and after its passage as the law and charter in such case provides. PASSED AND APPROVED BY THE CITY COUNCIL OF BEAUMONT, TEXAS ON THIS 18TH DAY OF FEBRUARY, 1997. ATTEST: City Clerk Mayor, City of Beaumont, Texas AREA IN CITY OF BEAUMONT El AREA IN JEFFERSON COUNTY < EX _ 1 + \8��°°•�`era o�,9,,, ..e 1 .Ov'o •OO°r�w�v�1 .I �O• ♦0 O OHO'O°O.. O "'+.,,,, ��, ,Q0s00�•00,. ♦ e 0. PREPARED BY- PUBLIC WORKS DEPT./ENGINEERING Note: The span of Cardinal Drive from IVILK Parkway to Fanneft Road is only a connector of the . primary areas of the zone and will not . EXHIBIT `B" UNIFORM TAX ABATEMENT POLICY A. The City of Beaumont herein("Governmental Entity") adopts this policy of tax abatement ("Policy") for a manufacturer who owns real property ("Real Property Owner")who proposes a project ("Project")to develop, redevelop and improve taxable qualifying real property("Real Property"). The Governmental Entity is willing to provide a subsidy to a Real Property Owner in the form of a special exemption from certain taxes provided the Real Property Owner agrees to accept and abide by this Policy. B. Subject to the remaining terms of this Policy, the abatement of ad valorem taxes on Real Property shall be according to the following formula: NUMBER OF NEW PERCENT OF CREATED CAPITAL COST OF FULL-TIME JOBS VALUE TO BE ABATED THE PROJECT (OR) TO BE CREATED 0% 0 - 1,000,000 Not Applicable 30% 1,000,001 - 2,500,000 26-50 40% 2,500,001 - 5,000,000 51-75 50% 5,000,001 - 10,000,000 76-100 Weighted Average 10,000,001 - 50,000,000 Not Applicable Individual Case Basis 50,000,001 or more Not Applicable C. With respect to a Project with a minimum construction cost of$50,000,001, each tax abatement request will be individually reviewed by the Governmental Entity and approved or declined based on the merits of the application. The percentage of taxes abated are one hundred percent abatement until Project Completion, not to exceed the first and second Tax Year. The percentage of taxes abated for the first through fifth Tax Years next following Project Completion shall be that percentage of abatement granted by the Governmental Entity at the time of 1 application. With respect to weighted average, the percentage of taxes abated for a Project with a minimum construction cost of between$10,000,001 and $50,000,000 are: one hundred percent abatement until the Project is complete not to exceed the first and second Tax Year; ninety percent abatement for the first Tax Year next following the timely and successful completion of the Project ("Project Completion"); seventy-five percent abatement for the second Tax Year next following Project Completion; sixty percent abatement for the third Tax Year next following Project Completion; forty-five percent abatement for the fourth Tax Year next following Project Completion; and twenty percent abatement for the fifth Tax Year next following Project Completion. With respect to a Project under $10,000,000, the period of abatement is seven years; limited, however, to no more than five Tax Years next following Project Completion. The period of time that the Taxes are abated will be referred to as the"Abatement Period". The"first Tax Year" is defined as the first full calendar year next following the commencement of construction of the Project. The term"Tax Year" is defined as a calendar year. D. Prior to beginning the actual construction work on the Project proposed for tax abatement, the Real Property Owner requesting tax abatement within a lawfully created reinvestment zone must: (1) Provide the Governmental Entity with(a) a description of the Project clearly defining and delineating the work to perform; (b) a statement agreeing to expend a designated amount("Project Cost") for the Project and, if the abatement is based on Required Jobs, a separate statement agreeing that the required minimum number of full-time jobs will be created ("Required Jobs) and maintained during the term of the Contract; (c) an explanation as to how the Project will provide long term significant positive economic benefit to the community, the 2 Governmental Entity and its taxpayers; (d) information as to what attempt will be made to utilize Jefferson County contractors and workers; and (e) information as to what attempt will be made to utilize Jefferson County minority contractors and workers. (2) Furnish the Governmental Entity with a written statement that tax abatement will be a significant factor in determining whether the Project for the development, redevelopment or improvement of the Real Property will take place. (3) Agree to execute a Contract with the Governmental Entity containing the covenants and conditions required by the Governmental Entity. E. Should the Governmental Entity agree to grant an abatement to the Real Property Owner after compliance with the procedure outlined above, then: (1) Subject to the terms and conditions of the Contract, a stipulated percentage as set forth above of those particular ad valorem real property taxes ("Taxes")which are generated by virtue of fair market value created"("Created Value") solely due to the construction and completion of the Project on the Real Property will be abated. (2) The Period of Construction("Construction Period")for the Project shall not go beyond the end of the second Tax Year. During the Construction Period the Real Property Owner must actually expend the Project Cost. (3) Within six months next following the end of the Construction Period, the Project must be operational; i.e., it must actively serve the purpose for which it is designed. (4) In the event the Project is either: (a) Not complete at the Minimum Cost by the end of the Construction Period; or 3 (b) Is timely completed at the Minimum Cost but is not operational within six months next following the end of the Construction Period; or (c) Is timely completed at the Minimum Cost of less than$10,000,000 but the Required Jobs are not created or maintained as set forth in paragraph(B); or (d) Is timely completed at the Minimum Cost, is operational within six months next following the end of the Construction Period and, if applicable, meets the job requirements, but its operations are discontinued for a continuous period of twelve months, then the Contract shall terminate with respect to the Project and so shall the abatement of Taxes for the Created Value of the Project. The Taxes otherwise abated with respect to the Project shall be paid to the Governmental Entity on the date specified by law, or, if such date has passed, then within sixty(60) days of the accelerated termination of the Abatement Period. (5) Employees and/or designated representatives of the Governmental Entity will have access to the Project during the term of the contract for inspection purposes so as to determine if the terms and conditions of the Contract are being met. All inspections will be made only after the giving of twenty-four(24) hours prior notice and will only be conducted in such a manner as to not unreasonably interfere with the construction and/or operation of the Project. All inspections will be made with one or more representatives of the Real Property Owner, and in 4 accordance with its safety standards. (6) In the event that (a) The Real Property Owner allows its ad valorem taxes owed the Governmental Entity to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest; or(b) the Real Property Owner violates any of the terms and conditions of the Contract, and fails to cure during the Cure Period (as hereafter provided), then the Contract may be terminated by the Governmental Entity, and all taxes otherwise abated by virtue of the Contract will be recaptured and paid to the Governmental Entity by the Real Property Owner within sixty(60) days of the termination. (7) The term"Base Year Value" as used herein is the market value of all industrial realty improvements of the Real Property Owner located within the taxing entity as of January I of the year a contract is executed less the abated value of all projects granted the Real Property Owner by the taxing entity for that"Base Year". The term"Taxable Value" is determined by deducting the amount of any abatements granted for that Tax Year from the appraised market value of all industrial realty improvements of the Real Property Owner located within that taxing entity. If on January I st of any Tax Year all of the legally determined realty improvements owned by the Real Property Owner within the jurisdiction of the Governmental Entity is less than the legally determined Base Year Value and/or in the event that the Real Property Owner reduces their ad valorem taxes on personal property otherwise payable to the Governmental Entity by participating in a foreign trade zone or by having otherwise taxable property exempted pursuant to special legislation, e.g., the"Freeport Amendment" ("Special Treatment"), then the abatement otherwise available shall be reduced by one dollar for each dollar that the Taxable Value is less than the Base Year Value and, also, for each dollar of tax reduction 5 attributable to Special Treatment; provided, however, that in no event shall the offset exceed the Created Value of the Project otherwise subject to the abatement of Taxes. (8) Notwithstanding any other provision herein to the contrary in the event that the Governmental Entity adopting this Policy is required to adopt a tax rate which would subject the Entity to a tax rollback election under Section 26.07 of the Property Tax Code, and this increase is caused by requirements set forth by the State; mandated by the judiciary; expenses required to repair, rebuild or rehabilitate improvements which are damaged or destroyed; or due to a significant decline in value of a major industrial complex located in the jurisdiction of the Entity, then the Entity may allocate the taxable value necessary to reduce the actual rate below the rollback rate to the Owners of abated property based on the Owner's prorata share of the total abated value for the current tax year. (9) Should the Governmental Entity determine that the Real Property Owner is in default in the terms and conditions of the Contract, then the Governmental Entity will notify the Real Property Owner at the address stated in the Contract of such claimed default, and if such is not cured within sixty (60) days from the date of such notice ("Cure Period"), the Contract may be terminated by the Governmental Entity. Any notice of default shall be in writing and shall be given by personal delivery or by certified mail, return receipt requested. In the event the notice is effected by personal delivery, the date and hour of actual delivery shall be the time and date of such notice to the Business. Absent a postal strike or the stoppage of the mails, in the event of delivery of notice by registered or certified United States mail, the date and hour following 48 hours after the date and hour at which the sealed envelope containing the notice is deposited in the United States mail, properly addressed, and with postage prepaid, shall be the time and date of 6 such notice to the Real Property Owner. F. The Governmental Entity adopting this Policy shall have the final decision with respect to its interpretation and, also, as to whether the minimum standards set forth above have been met by the Real Property Owner. G. This Policy shall terminate on the second anniversary from the date of its adoption by the Governmental Entity. 7 EXHIBIT "A" City of Beaumont Enterprise Zone boundary is as follows: For a 10.57 square mile tract of land within the City of Beaumont and the County of Jefferson, Texas and particularly described as follows: BEGINNING at the intersection of the south right-of-way line of Interstate Highway 10 and the west bank of Brakes Bayou, a tributary to the Neches River; THENCE southward along the meanders of the west bank of said bayou to its intersection with the west bank of the Neches River; THENCE southward along the meanders of the west bank of said river to its intersection with the Extra-Territorial Jurisdiction (ETJ) line of the City of Beaumont; THENCE westerly and southerly along the Beaumont ETJ line to its intersection with the west right-of-way line of State Highway 347; THENCE northwesterly along the west right-of-way line of State Highway 347 to its intersection with the south right-of-way line of United States Highway 69,96, 287; THENCE northwesterly along the south right-of-way line of U.S. Highway 69,96, 287 to its intersection with the east right-of-way line of State Highway 124; THENCE southwesterly along east right-of-way line of State Highway 124 to its intersection with the north right-of-way line of State Highway 364; THENCE northwesterly along the north right-of-way line of State Highway 364 to its intersection with the east right-of-way line of Interstate Highway 10; THENCE northeasterly along the east right-of-way line of Interstate Highway 10 to its intersection with the north right-of-way line with U.S. Highway 69,96, 287; THENCE southeasterly along the north right-of-way line of U.S. Highway 69,96, 287 to its intersection with the east right-of-way line of Martin Luther King (MLK) Parkway; THENCE northwesterly along the east right-of-way line of MLK Parkway to its intersection with the extended city limit line located just north of Washington Boulevard; THENCE northeasterly to northerly along the city limit line to its intersection with the extended north right- of-way line of Buford Street; THENCE westerly along the north right-of-way line of Buford Street to its intersection with the east right-of-way line of Sabine Pass Avenue; THENCE northerly along the east right-of-way line of Sabine Pass Avenue to its intersection with the south right-of-way line of Blanchette Street; THENCE northeasterly along the south right-of-way line of Sabine Pass Avenue to its intersection with the east right-of-way line of Main Street; THENCE northwesterly along the east right-of-way line of Main Street to its intersection with the east right-of-way line of Pine Street; THENCE northerly along the east right-of-way line of Pine Street to its intersection with the south right-of-way line of Interstate Highway 10; THENCE easterly along the south right- of-way line of Interstate Highway 10 to its intersection with the west bank of Brakes Bayou and the POINT OF BEGINNING.