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10-12-95-C-3 - Resolution - 10/12/1995q sofution RESOLUTION 10-12-95-C-3 WHEREAS, Section 6.03 of the Texas Property Tax Code provides for the nomination and election of the Board of Directors for each county appraisal district; and, WHEREAS, on December 31, 1995 the terms will expire for the five positions on the Brazos County Appraisal District Board of Directors; and, WHEREAS, the City of College Station, as a voting unit of the county appraisal district, may submit to the chief appraiser the name(s) of persons nominated by the city to serve as director; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of College Station, Texas, hereby nominates Larry Mariott, as a candidate for the office of Director on the Brazos County Appraisal District Board. PASSED AND APPROVED ON THE 12 DAY OF OCTOBER, 1995. ATTEST: APPROVED: Conn:e Hooks, City Secretary ECONOMIC DEVELOPMENT POLICY AND INCENTIVES CITY OF COLLEGE STATION Adopted by the College Station City Council January 23, 1991 Published by the City of College Station Planning Division "Building a Better city in Partnership With You" ECONOMIC DEVELOPMENT POLICY AND INCENTIVES CITY OF COLLEGE STATION Table of Contents I. INTRODUCTION ................... II. TAX ~B~TEMENT ae B. C. D. Zo Definitions .................. 2 General Criteria ................ 4 Specific Criteria ............... 5 Applications for Reinvestment ......... 5 Zones and Tax Abatement Designation of a Reinvestment Zone ....... Tax Abatement Agreement ............ III. OTHER INCENTIVES ................ page 1 7 7 8 ECONOMIC DEFELOP~NT POLICY AND INCENTIVES CITY OF COLLEGE STATION I. INTRODUCTION Whereas it is the policy of The City of College Station to be committed to desirable economic development and while a successful economic development depends on a viable working relationship between all aspects of the public and private sectors; the City of College Station has necessary powers that enable it to take action in this area. In addition to keeping the protection of the environment and other natural resources as high priority, any attempts to stimulate the economy should be relatively assured of eventual positive economic effects on the City of College Station's revenue raising capabilities. This document gives guidelines and criteria to 'opportunities that the City will utilize in attempts to assert positive economic development. Nothing herein shall imply or suggest that the City of College Station is under obligation to afford these opportunities to any applicant. Ail applicants shall be reviewed on a case by case basis. The customized design of a total incentives package is intended to allow maximum flexibility in addressing the unique concerns of each applicant while enabling the City to respond to the changing needs of the community. Consideration will be given to both new capital investment in the community and the creation of new jobs through the development of new facilities or the expansion of existing facilities. -_ II. TAX ABATEMENT ae e Definitions "Abatement" means the full or partial exemption from ad valorem taxes of certain real and/or personal property in a Reinvestment Zone designated for economic development purposes pursuant to Chapter 312 of the Texas Tax Code. "Agreement" means a contractual agreement between a property owner and/or lessee and an eligible jurisdiction for the purposes of tax abatement. "Base Year Value" means the assessed value of eligible property January 1 preceding the. execution of the agreement plus the agreed upon value of eligible property improvements made after January i but before the-~.~ execution of the agreement. "City" means the city of College Station, Texas. "Deferred Maintenance" means improvements necessary for continued operations which do not improve the productivity or alter the process technology. "Distribution Center Facility" means buildings and structures, including machinery and equipment, used or to be used primarily to receive, store, service, or distribute goods or materials owned by the facility operator where a majority of the goods or services are distributed to points at least 50 miles from its location in the City. Economic Development Policy page 2 e e 10. 11 12. 13. 14. 15. 16. "Expansion" means the addition of buildings, structures, fixed machinery, or equipment for purposes of increasing production capacity. "Facility" means property improvements completed or in the process of construction which together comprise an ~ integral whole. "Manufacturing Facility" means buildings and structures including machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods o~ materials or the processing of such goods or materials by physical or chemical change, including the assembly of goods and materials from multiple sources in order to create a finished or semi-finished product. "Modernization" means the replacement and upgrading, pf existing facilities which increases the productivity input or output, updates the technology or substantially lowers the unit cost of the operation. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, or repairing except as may be integral to or in direct connection with an existing expansion. "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with expansion or modernization. "Other Basic Industry" means buildings or structures including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services which serve a market.~rimarily outside the City and result in the creation of new permanent jobs and create new wealth in the City. "Personal Property" means tangible persona~ prop~r~ located on the real property, excluding that personal property located on the real property prior to the period covered by the abatement agreement with the City, and other than inventory or supplies. "Productive Life" means the number of years a property improvement is expected to be in service. "Project" means any property improvement including expansions, modernizations, and new facilities; but excluding any deferred maintenance. "Reinvestment Zone" means any area of the City which has been designated a reinvestment zone for tax abatement purposes and which is located within the taxing Economic Development Policy page 3 17. 18. 19. 20. jurisdiction of the City. It is the intent of the City to designate reinvestment zones on a case-by-case basis in order to maximize the potential incentives for eligible enterprises to locate or expand within the City. "Regional Entertainment Facility" means buildings and structures, including machinery and equipment, used or to be used to provide entertainment through the admission of the general public where the majority of the users reside at least 50 miles from its location an the City. "Regional Service Facility" means buildings and structures, including machinery and equipment, used or to be used to provide services where a majority of the individuals serviced are at least 50 miles from the facility's location in the City. "Research Facility" means buildings and structures,.. including machinery and equipment, used or to be used primarily for research or experimentation to improve or develop new tangible goods or materials or to improve or develop the production processes thereto. "Targeted Enterprise" means the following facilities : distribution center facility, manufacturing facility, regional entertainment facility, research facility, regional service facility, or any other basic industry. Be General Criteria - Ail applications must meet the following general criteria before being considered for tax abatement : The project expands the local tax base. The project creates permanent full time employment opportunities. The project would not otherwise be developed. The project makes a contribution to enhancing further economic development. The project must remain in good standing to all aesthetic and environmental concerns. The project has not been started and no construction has commenced at the time the application is approved. The project must not have any of the following objections: there would be substantial adverse affect on the provision of government service or tax base Economic Development Policy page 4 Ce b. the applicant has insufficient financial capacity planned or potential use of the property would constitute a hazard to public safety de planned or potential use of the property would give adverse impacts to adjacent properties; or, ee any violation of laws of the United States or State of Texas or ordinances of the City of College Station would occur Specific Criteria- If the project in the application meets the general criteria, is a facility of a targeted enterprise and has a capital cost that exceeds $250,000 then abatement of any or all of the increased value will be considered. In no case would tax abatement exce~ the maximum allowed by state law, presently 100% for 10 years. Factors to consider in determining the portion of the increased value to be abated and the duration of the abatement agreement include, but are not limited to: Total amount of the increased value; Total number of jobs created; Type of jobs created; Dollar value of payroll created; Other municipal costs and revenues associated with the application. De Applications for Reinvestment Zones and Tax Abatement. Ail requests for reinvestment zones and tax abatement in the jurisdiction of the City of College Station shall be made by filing a written application to the City Manager after addressing all criteria questions contained in this document. An application for designation of a reinvestment zone and for tax abatement m~y be c6~ned and submitted jointly. All applications shall include the following unless the City has waived a requirement that it has deemed unnecessary to properly evaluate the request. ae be a general description of the project including purpose and explanation of the improvements as well as how the project will meet the criteria established by this document a plat showing the precise location of the property, all roadways within 500 feet of the site and all existing zoning and land uses within 500 feet of the site, (a complete legal description shall be Economic Development Policy page 5 Ce de provided if the property is described by metes and bounds) a complete estimated cost of the project by "line item" approach a description of the methods of financing all.. ~ estimated costs and the time when related costs or monetary obligations are to be incurred estimated number of employment opportunities the' project creates over the period of the abatement, distinguishing between employees to be used during construction and permanent full time employees remaining after construction is complete; included will be annual pay for each position fe a detailed time schedule for undertaking and completing the project After reviewing the application, if City Staff finds the application to appear complete and accurate and meets the criteria established by this document, the City Staff will then do or cause to have done an impact study, which the applicant may be required to pay or participate in paying for, setting forth the impact of the proposed reinvestment zone and tax abatement agreement. This study shall include, but not be limited to, an assessment of the economic effects, including a municipal cost benefit analysis, of the creation of the reinvestment zone and the abatement of taxes. After establishing the benefits of the proposal, the economic development entity may propose that the City offer a tax abatement agreement. The City will then meet with representatives of each governing body of every taxing unit that the proposed reinvestment zone involves; this is to determine each taxing unit's intentio~.~of' entering into a tax abatement. The economic development entity will then inform the applicant of the potential tax abatement agreement, the intentions of the other taxing units on tax abatement agreements, and what other incentives will be offered for the proposed project. Having completed all the required steps in the process, and having been assured by the applicant that they wish to proceed, the City may then follow procedures in accordance with Texas Tax Code Chapter 312 (Vernon 1989), as amended, and establish a reinvestment zone and tax abatement agreement. Economic Development Policy page 6 E· Fe Designation of a Reinvestment Zone - The city Council by ordinance must designate an area as a reinvestment zone. Prior to adopting such an ordinance the City Council must conduct a public hearing on the designation that entitles all interested persons to speak and present evidence for or against the designation. Not later than the seventh day before the date of the hearing, notice of the hearihg must be: Published in a newspaper having general circulation in the City. Delivered in writing to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zone. Tax Abatement Agreement - The City by resolution ma~ enter into a tax abatement agreement. At least seven days before entering into the agreement, the City wi11 deliver written notice of its intent to each taxing unit that is included in the reinvestment zone. Any agreement will include, but not be limited to, the following specific items: all appropriate stipulations included in the application, as outlined by this document, for a reinvestment zone and tax abatement agreement b. the amount and duration of the tax abatement Ce a method for determining the qualifications of meeting the criteria and a promise to meet and maintain these qualifications over the term of the agreement; the City will be allowed, upon written request and reasonable notice, to inspect and audit such records of the applicant as are necessar~ substantiate that the applicant is m~eting drlteria agreed upon during the term of the abatement a provision that in the event the agreement is not kept, the tax abatement agreement will be determined null and void and all abated taxes will be paid immediately to the City and all other taxing units participating in the agreement An agreement may be terminated by the mutual consent of the parties in the same manner that the agreement was approved and executed. Economic Development Policy page 7 IIio OTHER INCENTIVES The City Council may consider other economic development incentives as necessary to promote or secure a targeted enterprise. Such incentives may include, but not be limited to: Waiving of fees- Permit application, utility tap and similar fees may be waived upon approval of the Council. Infrastructure- Extension, construction or reconstruction of infrastructure necessary for the development of a targeted enterprise may be made upon approval of the City Council. Utility rates- The City Council may consider additional utility rate classes for targeted enterprises that require large amounts of municipal utilities. Any classification established will be available to all' utility users meeting the minimum usage requirements for that group. Consideration will be given to capital improvements required to provide utility service. Economic Development Policy page 8