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HomeMy WebLinkAboutO-2010-3245 adopting new Guidelines and Criteria Governing Tax Abatement AgreementsREQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 26, 2010 Requested By: Stacey Osborne Department: CMO Report: _ Resolution: _ Ordinance: x Exhibits: Tax Abatement Guidelines & Criteria -2010B Exhibits: Exhibits: Appropriation Source of Funds: SOURCE Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION We have given three presentations and had three discussions regarding tax abatements. These were workshop items in the City Council meetings on February 8 and February 22 and at the Council Retreat on April 10. The tax abatement proposal that we last discussed targets three specific categories of business: (1) Rail -served Regional and Service Distribution Facilities; (2) Manufacturing Facilities and Other Basic Industry; and (3) Retail, Commercial Office, and Regional Entertainment Facilities. Each of those facilities is defined in the Tax Abatement Guidelines and Criteria -2010, which is based on the Tax Abatement Guidelines and Criteria that were previously in place for the City of La Porte. An amended Guidelines and Criteria, with strike -through, is presented for your reference. We propose to offer incentives at rates that will heavily favor businesses in the retail, office, and regional entertainment industries. To qualify for tax abatements, businesses in all three categories must provide a minimum capital investment of $3 million (amended from $5 million in our earlier proposal) and be located within the limits of the City of La Porte. The abatements for all three categories would be applied to property taxes, and would be averaged over five years. They would also require a job commitment of at least 10 jobs. The rebates for the different categories would be as follows: Warehouse/transportation: 10% for rail -served facilities only. (NOTE: Per our discussion at the February 22 workshop we took out the Warehouse /transportation category, but we added rail -served facilities back into consideration after the Council Retreat on April 10.) Manufacturing: 10% Retail/Office: 10% - 50%, depending upon the square footage of the building space. (NOTE: Per the discussion at our February 22 discussion we added an additional category for retail with 0 — 50k square footage.) The next steps for offering tax abatements begin with the City adopting a resolution and adopting tax abatement guidelines and criteria. Then, once a property has requested a tax abatement, the City will hold a public hearing and designate an area as a "reinvestment zone" (which is not the same thing as a TIRZ). Written notice of the intent to enter into a tax abatement agreement will be submitted to all other taxing entities (e.g. the County), and the City approves the agreement by a majority vote. Other taxing entities will have the option to enter into a separate agreement with the property owner after the City has approved the tax abatement agreement. We feel that this tax abatement package would serve as a valuable tool for attracting the types of businesses we need in La Porte, and serve as an important part of our economic development strategy. Action Required by Council: Consider approval of an ordinance amending the Code of Ordinances of the City Of La Porte by adding Article V G}r Iines and Criteria Governing Tax Abatement Agreements by the City Of La Porte. � J�11 4 (tL I. Ron Bottoms, City Manager date ORDINANCE NO. 3245 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REPEALING ARTICLE V "GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE", SECTIONS 66-140 THROUGH 66-151 INCLUSIVE, AND REPLACING WITH NEW ARTICLE V "GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE", SECTIONS 66-140 THROUGH 66-151 INCLUSIVE, FOR THE PURPOSE OF ADOPTING NEW REGULATIONS FOR TAX ABATEMENT AGREEMENTS WITH THE CITY OF LA PORTE; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby amends the Code of Ordinances of the City of La Porte by repealing Article V. "Guidelines and Criteria Governing Tax Abatement Agreements by the City of La Porte", Sections 66-140 through 66-151 and replacing with new Article V. "Guidelines and Criteria Governing Tax Abatement Agreements by the City of La Porte", Sections 66-140 through 66-151 inclusive, as follows, to -wit: "ARTICLE V. GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS Section 66-140. REDEVELOPMENT TAX ABATEMENT AUTHORIZED. (1) Creation of Reinvestment Zones. (a) A property tax abatement program is hereby created to be administered in accordance with V.T.C.A., Tax Code Ch. 312, as amended from time to time. Tax abatement shall only be allowed in a reinvestment zone. (b) Reinvestment zones in the city for this purpose will be considered for designation by city council upon the recommendation of the City Manager's Office. The city council may approve the creation of these reinvestment zones on a zone -by -zone basis after a public hearing before the city council. Following the public hearing the city council may consider the ordinance creating a new reinvestment zone in the proposed area. (c) The city council may not adopt an ordinance designating a reinvestment zone until it has held a public hearing at which interested persons are entitled to speak and present evidence for or against the designation. Notice of the hearing shall be given at least seven days prior to the hearing. The presiding officers of eligible jurisdictions shall be notified in writing at least seven days prior to the hearing. A notice of the public hearing shall be given to other affected taxing jurisdictions, published in the legal classified section of the local daily newspaper having general circulation, and posted in other places as deemed appropriate, including notice to civic associations in the area surrounding the proposed zone, at least seven days prior to the hearing. The notice shall contain the location, -I- time, and place of the public hearing and a description of the proposed boundaries of the reinvestment zone. (d) The designation of such a zone by ordinance shall constitute an affirmative finding by the city council that the improvements sought to be constructed or repairs to be made within the zone are feasible and practical and would be of benefit to the land to be included within a zone and to the city. (e) In determining whether an area qualifies as a reinvestment zone for the property tax abatement program, the city council shall use any one or more of the following criteria as guidelines: (1) The area substantially impairs or arrests the sound growth of the city; retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use by reasons of the presence of substantial number of substandard, slum, deteriorated, or deteriorating structures, predominance of defective or inadequate sidewalks or street layout; faulty lot layout in relation to size, accessibility, or usefulness, unsanitary or unsafe conditions; deterioration of site or other improvements; tax or special assessment delinquency exceeds the fair value of the land; defective or unusual conditions of title; the existence of conditions that endanger life or property by fire or other cause; or any combination of these factors or conditions. (2) The area is predominantly open and, because of obsolete platting or deterioration of structures or site improvements or other factors, substantially impairs or arrests the sound growth of the city. (3) The area has been designated a local or state -federal enterprise zone under the Texas Enterprise Zone Act. (4) The area is located wholly within an eligible blighted area, as identified from time to time by city council. (5) There has been a demonstration of community interest and there is evidence that substantial number of owners of taxable real property in the reinvestment zone will participate in such a program. (6) Be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the city. (f) The goals and objectives expressed above and the standards and restrictions expressed in V.T.C.A., Tax Code Ch. 312, as amended, are not exhaustive and shall be supplemented by such further and additional goals, objectives, rules, standards and restrictions as the city council may from time to time impose. (g) The designation of a reinvestment zone hereunder shall expire five years after the date of its designation and may be renewed for periods not to exceed five years. The expiration of a -2- designation, however, shall not affect existing agreements entered into pursuant to section 66-140 or section 66-145 of this chapter. (2) Agreement for redevelopment property tax abatement. (a) Upon designation of a reinvestment zone, the city may enter into property tax abatement agreements with interested owners of taxable real property located within the reinvestment zone. The agreement shall be conditioned on the owner of the property making certain improvement or repairs to the property as outlined in Section 66-143, "Application", of this Article. (b) In addition to the guidelines and criteria contained herein, to be eligible for tax abatement the planned improvement: (1) Should provide an economic benefit to the city, taking all relevant factors into consideration, including (i) size of the abatement, (ii) income from sales tax and franchise fees generated by the planned improvement, and (iii) any additional expense to the city services as a result of the improvement; and (2) Must be necessary because capacity cannot be provided efficiently utilizing existing improved property when reasonable allowance is made for necessary improvements; and (c) Property in a reinvestment zone that is owned or leased by a member of the city council or by a member of the city planning commission is excluded from property tax abatement. (d) The city may enter into a property tax abatement agreement with the interested owners of taxable real property for improvements or repairs completed before the city's approval of the tax abatement agreement if. (1) The applicant has complied with the requirements of section 66-143 of this Article; and (2) The applicant provides evidence of good cause as to why the city should grant tax abatements for improvements or repairs completed before the city's approval of the tax abatement agreement; and (3) The agreement is consistent with the requirements of subsections (a) through (c) above, except as provided in paragraph (2) of this subsection. Notwithstanding any other provision of this section, for tax abatement agreements approved under this subsection (d), city council shall determine the year that property tax abatement shall begin. -3- Section 66-141. DEFINITIONS (a) "Abatement" means the full or partial exemption from ad valorem taxes of certain real property (including fixed -in-place machinery & equipment) in a reinvestment zone designated for economic development purposes. (b) "Eligible Jurisdiction" means the city and any school district, college district or other taxing district eligible to abate its taxes according to Texas law that levies ad valorem taxes upon and provides services to property located within the proposed or existing reinvestment zone. (c) "Agreement" means a contractual agreement between a property owner and/or lessee and an eligible jurisdiction for the purposes of tax abatement. (d) "Base Year Value" means the assessed value of eligible property on 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, or the sales price, if the property was conveyed subsequent to January 1, whichever is greater. (e) "Commercial Office Facility" means office buildings utilized by or rented primarily to non - retail users. These buildings are designed as garden, mid -rise or high-rise structures. (f) "Department" shall mean the department of finance of the city. (g) "Economic Life" means the number of years a property improvement is expected to be in service in a facility. (h) "Employee" means a person whose employment is both permanent and fulltime, who works for and is an employee of the Owner or an employee of a Contractor, who works a minimum of 1,750 hours per year exclusively within the Zone, who receives industry standard benefits, and whose employment is reflected in the Owner's (and Contractor's, if applicable) quarterly report filed with the Texas Workforce Commission; but excluding any direct contract (seasonal, part- time, and full-time equivalent). (i) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for purposes of increasing production capacity. (j) "Facility" means property improvements completed or in the process of construction which together comprise an integral whole. (k) "Manufacturing Facility" means buildings and structures, including fixed -in-place 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. (1) "New Facility" means a property, previously undeveloped, which is placed into service by means other than or in conjunction with expansion or modernization. (m) "Other Basic Industry Facility" 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 primarily serve a market in the creation of new permanent employment and bring in new wealth. (n) "Owner of taxable real property" shall mean the person, corporation, company or other entity responsible for paying property taxes on certain property or an interest therein including a leasehold interest or interests. (o) "Regional Distribution Center Facility" means buildings and structures, including fixed 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 outside the city. (p) "Regional Entertainment Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to provide entertainment through the admission of the general public where the majority of users reside outside the city. (q) 'Regional Service Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to service goods where a majority of the goods being serviced originate outside the city. (r) "Retail Facility" means buildings and structures used or to be used for the conducting and management of business, including the storing and selling of goods directly to the customer. Section 66-142. ABATEMENT AUTHORIZED (a) Authorized Facility. A facility may be eligible for abatement if it is a: Regional Distribution Center Facility that is rail -served, Regional Service Facility that is rail -served, Manufacturing Facility, Other Basic Industry, Regional Entertainment Facility, Commercial Office Facility, or Retail Facility. (b) Creation of New Value. Abatement may only be granted for the additional value of eligible real property (including fixed -in-place machinery and equipment) listed in an abatement agreement between the City and the property owner and lessee (if required), subject to such limitations as City Council and the property tax code may require. (c) New and Existing Facilities. Abatement may be granted for new facilities, the expansion of existing facilities, or the improvement to existing facilities having the effect of improving current environmental conditions. (d) Eligible Property. Abatement may be extended to the value of buildings, structures, fixed machinery and equipment, site improvements plus that office space and related fixed improvements necessary to the operation and administration of the facility. The value of all property shall be the Certified Appraised Value for each year, as finally determined by the County Appraisal District ("HCAD"). -5- (e) Ineligible Property. The following types of property shall be fully taxable and ineligible for abatement: land; inventories; supplies; tools; furnishings, and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased (except as provided in the Section 66-142(f), "Owned/Leased Facilities"); property which has an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas, or any property exempted by local, state or federal law. When such exempted property includes manufacturing machinery and equipment listed in the Investment Budget (as required in Section 3, "Application"), then the value of such property may not be included toward the achievement of the investment or valuation thresholds set out in the Tax Abatement Agreement. (f) Owned/Leased Facilities. If a leased facility is granted abatement the agreement shall be executed by both the lessor and the lessee. (g) Value and Term of Abatement. A tax abatement shall be granted in accordance with the terms of a Tax Abatement Agreement, as follows: 1. Either with the January 1st valuation date immediately following the date of execution of the agreement or a subsequent January 1st valuation date not more than three years after execution of a tax abatement agreement, but not beyond the completion of construction. Projects are eligible for abatement of new value. Under no circumstances will any facility be granted the benefit of a tax abatement for longer than five (5) years. Value subject to abatement must remain greater than or equal to the contractually -defined "Minimum Value Requirement." To determine the amount of each year's exemption, the adjusted cap shall be multiplied by a sliding scale as follows: Type of Facility Regional Distribution/Svc (rail -served facility) Manufacturing/ Other Basic Industry Retail/Office/Regional Entertainment (0 — 50k s.f.) Retail/Office/Regional Entertainment (50k — 100k s.f.) Retail/Office/Regional Entertainment (100k — 200k s.£) Retail/Office/Regional Entertainment (200k s.f. or more) Year 1 Year 2 Year 3 Year 4 Year 5 Abatement Abatement Abatement Abatement Abatement 20% 15% 5% 5% 5% 20% 15% 5% 5% 5% 20% 15% 5% 5% 5% 50% 25% 10% 10% 5% 50% 50% 25% 25% 25% 50% 50% 50% 50% 50% 2. No tax abatement shall be given in any year in which the facility fails to meet the contractually defined "Minimum Value Requirement." WON 3. All Tax Abatement Agreements shall set out in detail the exact method to be used in computing each year's exemption. 4. No tax abatement shall be given in any year in which the facility fails to meet the employment minimum set forth in Section 66-142(h), "Basic Qualifications for Tax Abatement" of this Article. (h) Basic Qualifications for Tax Abatement. To be eligible for designation as a reinvestment zone and receive tax abatement the planned improvement: 1. must be shown to increase the assessed value of the property at least $3.0 million upon completion of the contractually -defined "Construction Period;" 2. must be shown to directly create or prevent the loss of permanent full-time employment for at least 10 people within the reinvestment zone upon completion of the contractually -defined "Employment Period;" 3. must be shown not to solely or primarily have the effect of transferring employment from one part of City to another. 4. the City may, at its discretion, take into account alternative or competing site information provided with the application for tax abatement. (i) Taxability. From the execution of the abatement to the end of the agreement period, taxes shall be payable as follows: 1. value of ineligible property (as provided in Section 66-142 (e), "Ineligible Property,") shall be fully taxable; 2. the non abatable real property within the reinvestment zone shall be fully taxable each year; 3. additional value of new eligible property shall be taxable in the manner described in Section 66-142 (g), "Value and Term of Abatement;" 4. when due to the employment formula (as described in Section 66-142 (g), "Value and Term of Abatement,"), the maximum amount eligible for abatement ("the cap") is less than the total value of the new facility, the amount of the cap will be reduced each year at the same rate as the taxable improvements are reduced in value from the previous year's value; and 5. each year's exemption will be computed by HCAD in the following manner: (a) The Base Property Value will be the current value of all real property plus fixed - in -place machinery and equipment within the zone that is not subject to abatement. -7- (b) The Base Year Value will be subtracted from the value of the Abated Property plus the Base Property Value, the result to be called Current Amount Eligible for Abatement. In no case can this amount exceed the cap set out in the abatement contract. (c) The Current Amount Eligible for Abatement is then multiplied by the abatement schedule set out in section 66-142 (g) to determine the amount of each year's exemption. (j) Environmental and Worker Safety Qualification. In determining whether to grant a tax abatement, consideration will be given to compliance with all state and federal laws designed to protect human health, welfare and the environment ("environmental laws") that are applicable to all facilities in the State of Texas owned or operated by the owner of the facility or lessee, its parent, subsidiaries and, if a joint venture or partnership, every member of the joint venture or partnership ("applicants"). Consideration may also be given to compliance with environmental and worker safety laws by applicants at other facilities within the United States. Section 66-143. APPLICATION (a) Timely application: Any current or potential owner or lessee of taxable property in City must request a tax abatement by filing a completed application with the City prior to any public expression of a siting decision or any commitment (legal or financial) to the proposed project. (b) A complete application package for consideration of a tax abatement shall consist of: • a completed City Application form; • a completed narrative prepared in accordance with the template provided with the City Application and its instructions; • an "Investment Budget" detailing components and costs of the real property improvements and fixed -in-place improvements for which tax abatement is requested, including type, number, economic life, and eligibility for a tax exemption granted by the Texas Commission on Environmental Quality ("TCEQ") (if known); • a map and legal description of the property; • a time schedule for undertaking and completing the proposed improvements; • a ten-year environmental and worker safety compliance history for all facilities located within the State of Texas and owned in whole or in part by applicants (as defined in Section 66-142(k), "Environmental and Worker Safety Qualification"); • copies of the immediately preceding quarterly report(s) filed with the Texas Workforce Commission, documenting the current number of permanent full- time employees, and full-time Contractor employees, if any, at the time the application is submitted; • financial and other information, as the City deems appropriate for evaluating the financial capacity and other factors of the applicant; • certification prepared by City Tax Assessor -Collector stating that all tax accounts within City are paid on a current basis; • for a leased facility, the applicant shall provide with the application the name and address of the lessor and a draft copy of the proposed lease, or option contract. In the event a lease or option contract has already been executed with owner of site, the document must include a provision whereby abatement applicant may terminate such contract without penalty or loss of earnest money, in the event that City does not grant a tax abatement. (c) Upon receipt of a completed application, the City shall notify in writing and provide a copy of the application to the presiding officer of the governing body of each eligible taxing jurisdiction. (d) After receipt of an application for creation of a reinvestment zone and application for abatement, the City shall determine whether the application qualifies for a tax abatement under the terms of these guidelines and criteria. Such determination may be delegated to an employee or City department. If it is determined that an application qualifies for abatement, it shall be recommended to the City Council that the applicant be notified in writing that subject to a public hearing, if applicable, and approval of a contract by City Council, the project qualifies for abatement. (e) The City shall not establish a reinvestment zone or enter into an abatement agreement if it finds that the request for the abatement was filed after the commencement of construction, alteration, or installation of improvements related to a proposed modernization, expansion or new facility. Property eligible for abatement includes only the new improvements that occur after the completion of an abatement agreement with City. Section 66-144. PUBLIC HEARING AND APPROVAL (a) The City Council may not adopt an ordinance designating a reinvestment zone for the purposes of considering approval of a tax abatement until it has held a public hearing at which interested persons are entitled to speak and present evidence for or against the designation. Notice of the hearing shall be clearly identified on the City Council agenda at least 10 days prior to the hearing. The presiding officers of eligible Jurisdictions shall be notified in writing at least 7 days prior to the hearing. (b) At the public hearing, interested persons shall be entitled to speak and present written materials for or against the approval of the proposed project or tax abatement agreement. (c) In order to enter into a tax abatement agreement, the City Council 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. Any variance to these guidelines must be approved by a vote of at least three-fourths (3/4) of the City Council. Section 66-145. AGREEMENT After approval the City shall formally pass an ordinance and execute an agreement with the owner of the facility and 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 66-142 ("Abatement Authorized); (c) the commencement date and the termination date of abatement; (d) the proposed use of the facility; nature of construction, time schedule, survey, property description and improvement list; (e) contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment as provided in Section 66-142 ("Abatement Authorized"), Section 66-146 ("Recapture"), Section 66-147 ("Administration"), and Section 66-148 ("Assignment"), or other provisions that may be required for uniformity or by state law; (f) amount of investment, increase in assessed value and number of jobs involved, as provided in Section 66-142 ("Abatement Authorized"); (g) a requirement that the applicant annually submit to HCAD and City, 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 for the quarter most recently ended at calendar year-end, 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 the City and the compliance with the environmental and worker safety requirements in the agreement for the preceding calendar year, for as of January 1. 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 -10- (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 - (b) If the company or individual is in default according to the terms and conditions of its agreement, the company or individual shall notify the City in writing at the address stated in the agreement within ten (10) days from the default, and cure such default within sixty (60) days from the date of the default ("Cure Period"). 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, together with interest at 6% per annum calculated from the effective date of the agreement and paid within sixty (60) days of the termination. If the City does not receive full payment within said sixty (60) days, a penalty may be added, equal to 15% of the total amount abated. (c) If the company or individual allows its ad valorem taxes owed the City to become delinquent and fails to timely and properly follow the legal procedures for its protest and/or contest, the agreement then may be terminated, and all taxes previously abated by the agreement may be recaptured and paid within sixty (60) days of the termination, and penalties and interest may be assessed as set out in Section 66-146 ("Recapture"). Section 66-147. ADMINISTRATION (a) The Chief Appraiser of the County annually shall determine an assessment of the real and personal property comprising the reinvestment zone. Each year, the company or individual receiving abatement shall furnish the assessor with such information as may be necessary for the abatement. Once value has been established, the Chief Appraiser shall notify the affected jurisdictions, which levies taxes of the amount of the assessment. (b) The agreement shall stipulate that employees and/or designated representatives of the City 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 giving twenty-four (24) hours prior notice and will only be conducted in such 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 the facility's safety standards. (c) Upon completion of construction, the City or the jurisdiction creating the reinvestment zone annually shall evaluate each facility receiving abatement to ensure compliance with the agreement and report possible violations to the contract and agreement to the City Council and the City Attorney and the affected jurisdictions which levy taxes. Section 66-148. ASSIGNMENT A tax abatement agreement may be assigned to a new owner or lessee of a facility with the written consent of the City Council, which consent shall not be unreasonably withheld. Any assignment -12- shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in the agreement. Any assignment of a tax abatement agreement shall be to an entity that continues the same improvements or repairs to the property (except to the extent such improvements or repairs have been completed), and continues the same use of the facility as stated in the original Tax Abatement Agreement with the initial applicant. No assignment shall be approved if the assignor or the assignee is indebted to the City for past due ad valorem taxes or other obligations. Section 66-149. SUNSET PROVISION (a) These Guidelines and Criteria are effective, and will remain in force until , at which time all tax abatement contracts created pursuant to these provisions will be reviewed by the City to determine whether the goals have been achieved. Based on that review, the Guidelines and Criteria will be modified, renewed, or eliminated. (b) This policy is mutually exclusive of existing Industrial District Contracts and owners of real property in areas deserving of special attention as agreed by the affected jurisdictions. Section 66-150. LIMITATIONS The adoption of the guidelines and criteria by the city council of the City of La Porte does not: (1) Limit the discretion of the city council of the City of La Porte to decide whether to enter into a specific tax abatement agreement; (2) Limit the discretion of the city council of the City of La Porte to delegate to its employees the authority to determine whether or not the governing body should consider a particular application or request for tax abatement; or (3) Create any property, contract, or other legal right in any person to have the city council of the City of La Porte consider or grant a specific application or request for tax abatement. Section 66-151. NONAPPLICABLE AREAS; EXCEPTION The city council of the City of La Porte hereby establishes the policy of the City of La Porte, that tax abatement agreement applications will not be accepted for areas within any existing Industrial District or Tax Increment Reinvestment Zone of the City of La Porte or any Industrial District or Tax Increment Reinvestment Zone, which may be created. However, as to any portion of such areas which are not within the corporate limits of the City of La Porte, Harris County Commissioners Court may establish tax abatement agreements for the benefit of itself, and taxing units other than the City of La Porte having jurisdiction over said area." -13- Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED this 26th day of April, 2010. -14- ATTEST: Martha A. Gillett City Secretary APPROVED: ox W. Askins City Attorney -15- CITY OF LA PORTE CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS I COUNTY OF HARRIS § I, v\N N 1 � L� as a member of the City of La Porte i �J (Lc -I \ , make this affidavit and hereby on oath state the foIlowing: I have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government: Code, and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item on � C) r t +i.� , 20 D I , affecting this business entity or real Ply is: \ (It 5C COMPLETE (A) OR (B): (A) The business entity ist f ��� 1J CC4C 01,,; (name); or (B) The real property is located at: I have a substantial interest for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $15,000 or more of the fair market value of the business em ity. Funds received from the business entity exceed 10% of gross income for the Previous year. Real property is involved and I have an equitable or legal ownership of the property with, a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or real property flat would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity or real property and from any further participation on this matter by discussion or debate. (� r Singed this U�v day of C , 20,t Li Signature of Official THE STATE OF TEXAS $ COUNTY OF HARRIS $ Before me C '1 i ' i� on this day personally qpmrd known to me to be the person whose name is mbscn'bed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this Lk��day of , 20 (sem-) - ` q, LL rq, 1 jy 1:t 1 N lic in and Tor the Stale of Teras MARTHA SILLETT MP Corr wabn Ercpkri timet 91, 2013