10-02-04 City Council Retreat Agenda

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. . . (b) Prior to entering into a tax abatement agreement.. the Commissioners Court may, at its option, hold a public hearing at which interested persons shall be entitled to speak and present written materials for or against the approval of the tax abatement agreement. ( c) In order to enter into a tax abatement agreement, the Commissioners Court must find that the terms of the proposed agreement meet these Guidelines and Criteria and that: (1) there will be no substantial adverse effect on the provision of the jurisdictions service or tax base; and (2) the planned use of the property will not constitute a hazard to public safety, health or morals. (d) Any applicant requesting a variance under Section 3(t) shall be approved by a vote of at least three-fourths (3/4) of the Commissioners Court. Section 5. AGREEMENT After approval the County shall formally pass a resolution and execute an agreement with the owner of the facility and lessee as required which shall include: (I) estimated value to be abated and the base year valu~; (2) percent of value to be abated each year as provided in Section 2(g); (3) the commencement date and the termination date of abatement; (4) the proposed use of the facility; nature of construction, time schedule, survey, property description and improvement list; (5) contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment as . provided in Sections 2(a), 2(t), 2(g), 6, 7 and 8, or other provisions that may be required for uniformity or by state law; (6) amount of investment, increase in assessed value and number of jobs involved as provided in Section 2(h)(2) and; (7) a requirement that the applicant annually submit to the Appraisal District and the County, a January employee count for the abated facility which corresponds to employment counts reported in the facility's Employer's Quarterly Report to the Texas Workforce Commission, and a separate notarized letter certifying the number of jobs created or retained as a direct result of the abated improvements and the number of employees in other facilities located within Harris County and the compliance with the environmental and worker safety requirements in the agreement for the preceding year. Submission shall be used to determine abatement eligibility for that year and shall be subject to audit if requested by the governing body. Failure to submit will result in the ineligibility to receive an abatement for that year, and (8) A requirement that the owner or lessee will (a) obtain and maintain all required permits or other authorizations from the United States Environmental Protection Agency or the,Texas Natural Resources Conservation Commission (TNRCC) for the construction or operation of its facility or for the storage, transport or disposal ,of solid waste; and (b) seek a permit from the TNRCC for all grand:fathered units on the site of the abated facility by filing with the HARRIS COUNTY GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT PAGE 8