O-2010-3245 adopting new Guidelines and Criteria Governing Tax Abatement Agreements

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(h) A requirement that the owner or lessee will (a) obtain and maintain all required permits and other authorizations from the United States Environmental Protection Agency and the TCEQ for the construction and operation of its facility and for the storage, transport and disposal of solid waste; and (b) seek a permit from the TCEQ for all grandfathered units on the site of the abated facility by filing with the TCEQ, within three years of receiving the abatement, a technically complete application for such a permit. (i) Amount of investment and total permanent employees to be retained or created and total full- time equivalent jobs to be retained or created. (j) A requirement that the company, on or before February 1 of each year the tax abatement agreement is in effect, provide the director a sworn statement that includes a delineation of the number of permanent employees, contract employees and part-time employees of the applicant company as of the immediately preceding January 1, who report to work in the reinvestment zone at each site covered by the agreement. (k) A requirement that the company annually file the Form 111.28 with the appropriate County appraisal district to qualify for the abatement. (1) Limit the uses of the property consistent with the general purpose of encouraging development or redevelopment of the zone during the period that property tax exemptions are in effect. (m)Contain each term agreed to by the owner of the property. (n) Require the owner of the property to certify annually to the governing body of each taxing unit that the owner is in compliance with each applicable term of the agreement. (o) Provide that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement. Such agreement normally shall be executed within 60 days after the applicant has forwarded all necessary information and documentation to the City Section 66-146. RECAPTURE (a) If the facility is completed and begins producing product or service, but subsequently discontinues producing product or service for any reason for a period of 180 days during the abatement period, or one year in the event of natural disaster, then 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 within sixty (60) days from the date of termination. The company or individual shall notify the City in writing at the address stated in the agreement within ten (10) days from any discontinuation, stating the reason for the discontinuation and the projected length of the discontinuation. If the City determines that such requirement has not been complied with, the agreement may be terminated immediately and all taxes previously abated by virtue of the agreement may be recaptured and paid within sixty (60) days of the termination. - 11 -