HomeMy WebLinkAboutRES 14-125RESOLUTION NO. 14-125
BE IT FURTHER RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby adopts the City of Beaumont's Chapter 380 Economic
Development Program Polices and Procedures attached hereto as Exhibit "A."
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June,
- Mayor Becky Ames -
CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM
POLICIES AND PROCEDURES
I.
General Statement of Purpose and Policy
The City of Beaumont is committed to the promotion of high quality development in all
parts of the City and to an ongoing improvement in the quality of life for its citizens. The
City has previously developed economic development programs and incentives designed
to encourage new development in targeted areas. Now the City of Beaumont seeks to
enhance its economic development efforts to attract and retain high quality development
and jobs by establishing these Chapter 380 Economic Development Program Policies and
Procedures.
These Policies and Procedures are established in an effort to develop and expand the local
economy by promoting and encouraging development and redevelopment projects that
enhance the City's economic base, and diversify and expand job opportunities or by
promoting and encouraging projects that create additional revenue for the city without
substantially increasing the demand on City services or infrastructure. The ultimate goal
and public purpose of programs established hereunder is to protect and enhance the
City's Discal ability to provide high quality municipal services for the safety, comfort and
enjoyment of Beaumont residents.
In furtherance of these objectives, the City of Beaumont will, on a case-by-case basis,
give consideration to providing economic incentives to applicants in accordance with
these Policies and Procedures as authorized by Chapter 380 of the Texas Local
Government Code:, as amended from time to time.
Nothing in this document is intended to imply or suggest that the City of Beaumont is
under any obligation to provide economic incentives to any applicant. All applicants shall
be considered on a case-by-case basis. The decision to approve or deny economic
incentives shall be at the discretion of the City Council. Each applicant granted economic
incentives as a Chapter 380 Economic Development Program (also referred to as
Program) under these Policies and Procedures must enter into an agreement with the City
of Beaumont containing all terns required by these Policies and Procedures and by state
law to protect the public interest of receiving a public benefit in exchange for public
funds, assets and services invested to stimulate economic development.
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11.
Program Requirements
A. To be considered for incentives as a Chapter 380 Economic Development Program
under these Policies and Procedures, a project must at least meet the following
minimum requirements:
1. The project shall
a. be specifically determined by resolution of the Beaumont City Council to
bring benefit to the City consistent with the General Statement of Purpose and
Policy.
2. In addition, the project
a. will enhance the City's fiscal ability to provide high quality municipal
services for the safety, comfort and enjoyment of Beaumont residents.
b. will make a unique or unequaled contribution to development: or
redevelopment efforts in the City of Beaumont, due to its magnitude,
significance to the community or aesthetic quality.
B. A project shall not be eligible for incentives under these Policies and Procedures if a
building permit has been issued for the project prior to making application in
accordance with these Policies and Procedures.
III.
Additional Considerations
Additional factors to be considered by the City Council in determining whether to
authorize an Agreement for incentives as a Chapter 380 Economic Development Program
(Program) are:
A. The number and types of jobs to be created or retained;
B. The financial capacity of the applicant to undertake and complete the proposed
project;
C. The market conditions and growth potential for the business activity, and
D. Any other factors the City Council finds helpful and relevant to accomplishing the
City's economic development objectives.
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IV.
Application Process
A. An application for consideration as a Program shall be made on forms supplied by
the City. An applicant may be required to provide additional infor.ination to show
compliance with minimum Program requirements. If City staff determines
minimum Program requirements have been met, City staff shall prepare and
present a proposed Agreement with the application to the City Council.
B. The City Council may consider the proposed Agreement and may take action on
the proposal as it deems appropriate. Nothing in these Policies and Procedures
and nothing in the application form and process shall create any property,
contract, or other legal right in any person to have the City Council consider or
grant incentives.
V.
Agreement Terms
An Agreement established for a Program must include:
A. A timetable and list of the kind of improvements or development that the Program
will include, and conditions to assure that the Program meets or exceeds the City's
requirements.
B. A complete description of the location of the proposed Program or projects included
in the Prograin;
C. A timetable and list of the kind of benefits that the proposed Program will provide;
D. A provision establishing the duration the Agreement;
E. A provision providing a tangible means for measuring whether the applicant and
other responsible parties have met their obligations under the Agreement;
F. A provision providing for access to and authorizing inspection of the property and
applicant's pertinent business records by municipal employees in order to determine
compliance with the Agreement;
G. A provision fbr cancellation of the Agreement and/or nonpayment of incentives if the
Program is determined to not be in compliance with the Agreement;
H. A provision for recapturing City funds granted or loaned, or for recapturing the value
of other public assets granted or Ioaned, if the applicant does not meet its duties and
obligations under the terns of the Agreement;
1. A provision that allows assigmnent of the Agreement with prior written approval of
the City Council, or without the prior written approval of the City Council provided
that:
1. all rights, duties, obligations and liabilities under the Agreement are assigned
from the assignor to the assignee; and
2. the assignment is made subject and subordinate to the Agreement and the
Chapter 384 Economic Development Program Policies and Procedures; and
3. the assigmnent document is in a form and contains content acceptable to the City
Atton3ey's Office;
J. Provisions relating to administration, delinquent taxes, reporting requirements and
indemnification:;
K. A provision that the Agreement may be amended by the parties to the Agreement by
using the same procedure for approval as is required for entering into the Agreement;
and
L. Such other provisions as the City Council shall deem appropriate.
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