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RESO 2002-20 - Tax Abatement ZoneRESOLUTION NO. 2002-20 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED BY THE CITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the creation and retention of job opportunities that bring new wealth are the two of the highest civic priorities; and WHEREAS, new jobs and investment will benefit the area economy, provide needed opportunities, strengthen the real estate market and generate tax revenue to support local services; and WHEREAS, the City of Huntsville must compete with other localities across the nation currently offering tax inducements to attract new plant and modernization projects; and WHEREAS, any tax incentives offered in the City of Huntsville would reduce needed tax revenue unless strictly limited in application to those new and existing industries that bring new wealth to the community; and WHEREAS, the abatement of property taxes, when offered to attract primary jobs in industries which bring in money from outside a community instead of merely re-circulating dollars within a community, has been shown to be an effective method of enhancing and diversifying an area economy; and WHEREAS, any tax incentives should not adversely affect the competitive position of existing companies operating in the City of Huntsville; and WHEREAS, Texas law requires any eligible taxing jurisdiction to establish guidelines and criteria as to eligibility for tax abatement agreements prior to granting of any future tax abatement, and said guidelines and criteria to be unchanged for a two year period unless amended by a three-quarters (3/4) vote; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: POLICY BASIS - Section 1 The City of Huntsville is a community that is beautiful, historic, culturally diverse, affordable, safe, and well planned with great opportunity for our citizens. We will know the City of Huntsville is affordable when, residents have a variety of employers for entry level jobs; well paying jobs are available for all segments of the community; and when employing businesses find it attractive to relocate to Huntsville and relocation incentives for businesses successfully induce relocations and/or expansions. In order to accomplish these end statements, the City of Huntsville will consider providing tax abatement phase-in to stimulate growth and development in the City of Huntsville. It is the policy of the City that such incentives will be provided in accord with the procedures and criteria outlined in this resolution. However, nothing in this policy shall imply or suggest, or be construed to imply or suggest, that the City is under any obligation to provide any incentives to any applicant. All such applications for tax phase-in incentives shall be considered on an individual basis for both the qualification for abatement and the amount of any abatement. DEFINITIONS - Section 2 a. 'Abatement' means the full or partial exemption from City ad valorem taxes on certain real property in a reinvestment zone designated by the City of Huntsville for economic development purposes. b. `Affected jurisdiction' means the City of Huntsville, Walker County, Texas, and any school district or other taxing jurisdiction eligible to abate taxes according to Texas law, the majority of which is located in the City of Huntsville that levies ad valorem taxes upon and provides services to a reinvestment zone designated by the City of Huntsville. c. 'Agreement' means a contractual agreement between a property owner and /or lessee and the City of Huntsville for the purpose of tax abatement. d. '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 1 but before the execution of the agreement. e. `Deferred Maintenance' means the improvements necessary for continued operations, which do not improve productivity or alter the process technology. f. 'Distribution Center Facility' means building and structures, including machinery and equipment, used or to be used primarily to receive, store, service and /or distribute goods or materials owned by the business, from which a majority of revenues generated by activity at the facility are derived for outside of Walker County. g. 'Expansion' means the addition of buildings, structures, machinery or equipment for purposes of increasing production capacity. h. 'Facility' means property improvements completed or in the process of construction which together comprise an integral whole. i. 'Manufacturing Facility' means buildings and structures, including machinery and equipment, the primary purpose of which is or will be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change. J• `Modernization' means the replacement and upgrading of existing facilities which increases the productive input or output, updates the technology or substantially lowers the unit cost of 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. k. 'New Facility' means a property previously undeveloped, which is placed into service, by means other than or in conjunction with expansion or modernization. I. 'New Jobs' shall represent a newly created employment position on a full time permanent basis. Two or more part time permanent employees totaling an average of not less than 40 hours per week may be considered as one full time permanent employee. m. `Other Basic Industry' means buildings and 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 primarily outside the City of Huntsville. n. 'Productive Life' means the number of years a property improvement is expected to be in service. o. `Qualified Vendors and Services' means those vendors and services that meet the company's individual stated requirements, that employ Huntsville residents and pay taxes in the City of Huntsville. p. `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 users reside at least fifty (50) miles from its location in the City of Huntsville. 'Regional Service Facility' means buildings and structures including machinery and equipment, used or to be used to service goods where a majority of the goods being serviced originate at least fifty (50) miles from the facility's location in the City of Huntsville. q. r. 'Research Facility' means buildings and structure, 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. GUIDELINES AND CRITERIA - Section 3 In order to be eligible for designation as a reinvestment zone and receive tax abatement, the Council must determine that the proposed planned improvement meet the following guidelines: a. Support economic development by expanding existing business or industry, diversifying the economic base of the City, creating new jobs, and /or substantially increasing City tax revenue after the abatement period. b. Shall not have a substantially adverse effect on City tax base or City budget. c. Shall be extended only to the improved property value of site, buildings, structures, and fixed machinery and equipment. d. Add at least $250,000 to the tax roll of eligible property and retain or create a net gain of 5 full -time employees. DISCRETIONARY CONSIDERATION - Section 4 The following matters should be considered by the City Council in its discretionary approval or disapproval of each tax abatement application: a. The amount of real and personal property value that will be added to the tax roll, the amount of direct sales tax that will be generated, the infrastructure improvements by the City that will be required by the facility, the infrastructure improvements made by the facility, and the compatibility of the project with the City's master plan for development. b. For the duration of the abatement period, the projected new jobs created and /or retained the types of jobs, the average payroll and the number of persons hired locally. c. The community impact which could include the revitalization of a depressed area; business opportunities of existing local vendors; the impact on other taxing entities; and/or the pollution, if any, as well as other negative environmental impacts affecting the health and safety of the community. d. Whether the improvement is expected to solely or primarily have the effect of transferring employment from one part of the City to another, and whether the business will be in direct competition with another established company in the City. f. Whether the facility may be eligible for abatement - if it is a distribution facility, manufacturing facility, regional entertainment/tourism facility, regional service facility, research facility, or other basic industry. VALUE AND TERM OF PHASE -IN ABATEMENT - Section 5 Abatement shall be granted effective with the January 1 valuation date immediately following the date of completion of improvements. The amount of valuation of eligible improvement as determined by the Tax Appraisal District shall be abated according to the following schedule: INDUSTRIAL DEVELOPMENT Investment Year Maximum Abatement $ 250,000 - $1,000,000 1 100 % 2 75% 3 50% 4 25 % $1,000,001 - $2,500,000 1 - 2 100 % 3 75% 4 50% 5 25% $2,500,001- $4,000,000 1 - 3 100 % 4 75 % 5 50% 6 25 % $4,000,001 - $5,000,000 1 - 4 100 % 5 75 % 6 50% 7 25 % $5,000,001 and up 1 - 5 100 6 75% 7 50 % 8 25% Additionally, one hundred percent (100 %) of the value of eligible improvements shall be abated for up to two (2) years during construction of such improvement. Upon completion of improvements, as determined solely by the City Council, the abatement period shall begin as set forth above. If the period of construction exceeds two (2) years or other designated construction period, whichever is less, improvements shall be considered complete for purposes of beginning the abatement period. APPLICATION - Section 6 A. Any present or potential owner of taxable property in the City of Huntsville may request the creation of a reinvestment zone and tax abatement by filing a written request with the City Manager of the City of Huntsville, or his /her designee. The application shall consist of a completed application form accompanied by: a. A general description of the proposed use and the general nature and extent of the modernization, expansion or new improvements to be undertaken plus an estimate of the number of employees retained or added as result of the proposed project ; b. A descriptive list of the improvements which will be a part of the facility; c. A map and property description or site plan; d. A time schedule for undertaking and completing the planned improvements; e. In the case of modernizing existing facilities, a statement of the assessed value of the facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application; f. A statement of the assessed values of the property, separately stated for real and personal property, for the then current year; and, g. Any other information that may be deemed appropriate for evaluating the financial capacity and other factors of the application. B. Upon receipt of a completed application, the City shall notify in writing the presiding officer of the legislative body of each affected jurisdiction (Walker County & the Hospital District). Before acting upon the application, the City of Huntsville City Council shall through public hearings afford the applicant and the designated representative of any affected jurisdiction the opportunity to show cause why the abatement should or should not be granted. The public hearing shall also afford any interested parties the opportunity to speak and present written material for or against the approval of the tax abatement. Notice of the public hearing shall be given by posting same on the City's official bulletin board and by publishing in the City's official newspaper at least seven (7) days prior to the hearing. C. The City Council shall approve or disapprove the application for tax abatement within sixty (60) days after receipt of the application. The Mayor shall notify the applicant of the approval or disapproval promptly thereafter. D. A request for a reinvestment zone for the purpose of abatement shall not be granted if the City Council finds that the request for the abatement was filed after the commencement of the construction, alteration, or installation of improvements related to a proposed modernization expansion or new facility began. E. Variance. Request for variance for the provisions of Subsections A. through D. of Section 6 may be made to the City in writing. Such request shall include a detailed explanation why the applicant should be granted a variance. Approval of a request for variance requires a three - fourths vote of the City Council. PUBLIC HEARING - Section 7 A. Should any affected jurisdiction be able to show cause in the public hearing why the granting of abatement will have a substantial adverse effect on its bonds or tax revenue, cause service incapacity or impede the provision of service, that showing shall be reason for the City Council to deny the granting of ad valorem tax abatement. B. The decision to create a reinvestment zone and grant an abatement is entirely discretionary on the part of the City Council; but in no event will a reinvestment zone be created or an abatement agreement be authorized if it is determined that: a. There would be a substantial adverse effect on the provision of government service or tax base; b. The applicant has insufficient financial capacity; c. Planned or potential use of the property would constitute a hazard to public safety, health or morals; and d. Planned or potential use of the property violates other government codes or laws. AGREEMENT - Section 8 A. After approval, the City of Huntsville City Council shall formally pass a resolution and execute an agreement with the owner and /or lessee as required, which shall include: a. Estimated value to be abated and the base year value; b. Percent of value to be abated each year as provided in Section 5; c. The commencement date and the termination date of abatement; d. The proposed use of the facility; nature of construction, time schedule, map, property description and improvement list as provided in Application - Section 6; e. Contractual obligations in the event of default, violation of terms or conditions, or delinquent taxes, for recapture administration and assignment as provided herein and other provisions that may be required for uniformity or by state law; f. Amount of investment and average number of jobs involved for the period of abatement; g. Provision that owner shall annually furnish information necessary for the City of Huntsville's evaluation of owner's compliance with the terms and conditions of the tax abatement agreement and these guidelines and criteria; and B. Said contract shall meet all the requirements of Texas Tax Code Sec. 312.et seq. C. If a leased facility is granted abatement, the agreement shall be executed with the lessor and the lessee. D. Such agreement shall be executed within sixty (60) days after the applicant has forwarded all necessary information and documentation to the City of Huntsville. E. Each affected jurisdiction shall make its own determination of abatement which shall not bind any other affected jurisdiction. RECAPTURE - Section 9 A. In the event that the facility is completed and begins producing products or services but subsequently discontinues production or service for any reason except fire, explosion or other casualty or accident or natural disaster for a period of one (1) year during the abatement period, the agreement shall terminate and so shall the abatement of the taxes for the calendar year during which the facility no longer produces. The taxes otherwise abated for that calendar year shall be paid to the City of Huntsville within sixty (60) days from the date of termination. B. Should the City of Huntsville determine that the company or individual is in default according to the terms and conditions of its agreement, the City of Huntsville shall notify the company or individual in writing at the address stated in the agreement and if such is not cured within sixty (60) days from the date of such notice (Cure Period'), the agreement may be terminated. C. In the event the company or individual: a. Allows its ad valorem taxes owed the City of Huntsville or an affected jurisdiction to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest; or b. Violates any of the terms and conditions of the abatement agreement and fails to cure during the 'Cure Period', the agreement then may be terminated and all taxes previously abated by virtue of the agreement will be recaptured and paid within sixty (60) days of the termination. ADMINISTRATION - Section 10 A. The Chief Appraiser of the Walker County Appraisal District shall annually determine an assessment of the real and personal property comprising the reinvestment zone. Each year, the company or individual receiving abatement shall furnish the City with such information as may be necessary for the abatement. Once value has been established, the Chief Appraiser shall notify the eligible jurisdictions, which levies taxes on the amount of the valuation. B. The agreement shall stipulate that employees and/or designated representatives of the City of Huntsville will have access to the reinvestment zone during the term of the abatement to inspect the facility to determine if the terms and conditions of the agreement are being met. All inspections will be made only after the giving of twenty-four (24) hour prior notice and will only be conducted in such a manner as to not unreasonably interfere with the construction and/or operation of the facility. All inspections will be made with one or more representatives of the company or individual and in accordance with their safety standards. C. All proprietary information acquired by any affected jurisdiction for purposes of monitoring compliance with the terms and conditions of an abatement agreement shall be considered confidential. ASSIGNMENT - Section 11 Abatement may be transferred and assigned by the holder to a new owner or lessee of the same facility upon the approval by resolution of the City of Huntsville subject to the financial capacity of the assignee and provided that all conditions and obligations in the abatement agreement are guaranteed by the execution of an assignment with the City of Huntsville. No assignment or transfer shall be approved if the assignees are liable to the City of Huntsville or any eligible jurisdiction for delinquent taxes or other obligations. Approval shall not be unreasonably withheld. EFFECTIVE DATE — Section 12 This Resolution shall take effect immediately from and after the date of its passage. PASSED AND APPROVED THIS 16th DAY OF JULY 2002. CITY OF HUNTSVILLE, TEXAS ATTEST: Danna Welter, City Secretary APPROVED AS TO FORM: /6;.4;:>""," Paul C. (sham, City Attorney William B. Green, Mayor