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Home My WebLink AboutR-2023-08 RESOLUTION No. 2023-08 WHEREAS, the City of La Porte,Texas(City)has previously passed Ordinance No.2021-3817 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same on this date as were outlined in Ordinance No.2021-3817; WHEREAS, the Office of the Governor Economic Development and Tourism (EDC) through the Economic Development Bank (Bank) will consider Equistar Chemicals, LP as an enterprise project pursuant to a nomination and an application made by the City; WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), Equistar Chemicals, LP has applied to the City for designation as an enterprise project; WHEREAS, the City finds that Equistar Chemicals, LP meets the criteria for designation as a double jumbo enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. Equistar Chemicals, LP is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site not located in an enterprise zone and at least thirty-five percent (35.0%) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; and 2. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 3. The designation of Equistar Chemicals, LP as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. WHEREAS, the City finds that Equistar Chemicals, LP meets the criteria for tax relief and other incentives adopted by the City and nominates Equistar Chemicals, LP for enterprise project status on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate Equistar Chemicals, LP as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that Equistar Chemicals, LP is a "qualified business", as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F of the Act. BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of designation of the enterprise project by the agency and terminate on September 1, 2028. PASSED BY THE CITY COUNCIL of the City of La Porte,Texas bis day of , 2023. (SEAL) -1()a"- Loui R. igby Mayor THE STATE OF TEXAS COUNTY OF HARRIS I, Shaft) n CzCIn , of the City of La Porte, Texas do he eby,certify that the above and foregoing is a true and correct copy of_Resolution Number (( passed by the City of La Porte City Council on the thisZ4 day of NI l,(.�y 2023. c7k ) ......... ' , S ron N rris i'8' STArit TEXAS Depth/ City Secretary / % :' NTY:O ARRIS 11% ` � ORE ME, the undersigned authority, on this day persored nal IS ki3 by ly of the Ciryofaa PorteTexasknowntomtobethe Peon whose name is subscribed 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 thiso`r�� T day of Ci1 y , 2023 1/4.P/VAirn- alt iLL Notary Public, State of Texas My commission expires: I ''1'24 HARRIS (NotO PUBLIC ak`• STATE OF TEXAS t' ''� NOT ARY 10123 44204 ORDINANCE 2021-3817 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE CITY OF LA PORTE'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT,CHAPTER 2303,TEXAS GOVERNMENT CODE; PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING INEOS USA, LLC, TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM DIVISION THROUGH THE ECONOMIC DEVELOPMENT BANK AS AN ENTERPRISE PROJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of La Porte, Texas ("City" herein) desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the city and to provide employment to residents of such area; and WHEREAS, the project or activity is not located in an area designated as an enterprise zone; and WHEREAS,pursuant to Chapter 2303,Subchapter F of the Texas Government Code,("Act"herein), INEOS USA, LLC has applied to the City for designation as an enterprise project, for the qualified business site located at 1230 Independence Parkway, La Porte, Harris County, Texas 77571;and WHEREAS, the City finds that INEOS USA, LLC meets the criteria for tax relief and other incentives adopted by the City on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity, and stability; and WHEREAS, a public hearing to consider this ordinance was held by the City Council on February 8, 2021; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1: The City nominates INEOS USA, LLC to the Office of the Governor Economic Development and Tourism Division ("EDT" herein) through the Economic Development Bank ("Bank" herein) as an enterprise project Section 2: The following local incentives, at the election of the La Porte City Council, are or will be made available to the nominated project or activity of the qualified business: a) The City may abate taxes on the increase in value of real property improvements and eligible personal property that is located in a designated enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the City of La Porte Tax Abatement Policy, and with qualified employee being defined by the Act. b) The City, upon approval of a project by the La Porte Development Corporation, may provide an Economic Development Sales Tax (Type B 4B)contribution. c) The City may provide local sales tax refunds and other tax deferrals,refunds or incentives allowed under Chapter 380 of the Texas Local Government Code. d) The City may provide Tax Increment Financing. e) The City may provide Freeport Exemption. 1) The City may provide regulatory relief to businesses, including: 1) zoning changes or variances; 2) exemptions from unnecessary building code requirements,impact fees,or inspection fees; or 3) streamlined permitting. c) The City may provide enhanced municipal services to businesses, including: 1) improved police and fire protection; 2) institution of community crime prevention programs; or 3) special public transportation routes or reduced fares. d) The City may provide improvements in community facilities, including: 1) capital improvements in water and sewer facilities; 2) road repair; or 3) creation or improvement of parks. e) The City may provide improvements to housing, including: 1) low-interest loans for housing rehabilitation, improvement, or new construction; or 2) transfer of abandoned housing to individuals or community groups. f) The City may provide business and industrial development services, including: 1) low-interest loans for business; 2) use of surplus school buildings or other underutilized publicly owned facilities as small business incubators; 3) provision of publicly owned land for development purposes, including residential, commercial, or industrial development; 4) creation of special one-stop permitting and problem resolution centers or ombudsmen; or 5) promotion and marketing services. { g) The City may provide job training and employment services to businesses, including: 1) retraining programs; 2) literacy and employment skills programs; 3) vocational education; or 4) customized job training. Section 3: The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. Section 4: The City of La Porte City Council directs and designates its City Manager as the City's liaison to communicate and negotiate with the EDT through the Bank and enterprise project(s) and to oversee zone activities and communications with qualified businesses and other entities in an enterprise zone or affected by an enterprise project. Section 5: The City finds that 1NEOS USA, LLC meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: (a.) INEOS USA, LLC is a"qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body's jurisdiction, located outside of an enterprise zone and at least thirty-five percent (35%) of the business' new employees will be residents of an enterprise zone, economically disadvantaged individuals, or veterans; and (b.) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities in the area; and (c.) The designation of INEOS USA, LLC as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. Section 6: The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate on March 2, 2026. Section 7: Each and every provision, paragraph, sentence and clause of this ordinance has been separately considered and passed by the City Council of the City of La Porte,Texas, and each said provision would have been separately passed without any other provision;and if any provision hereof shall be ineffective,invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 8: 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 Texas 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 9: This ordinance shall be in effect immediately upon its passage and approval. �-t\ PASSED,APPROVED AND ADOPTED,this day of February, 2021. CITY OF LAIPORTE,TEXAS l,ouis . Rigby, ay r -EST: APPROVED AS TO FORM: r . . ..._ .>l�a<,4_ T. Le Woodwar , ity Secre Clark T. Askins,Assistant City Attorney —73\YOFLg A , .• •.'9J�11 I, . ••• 1'I 11 : /r, *ofI s. lly�; , uA..UN7Y . i ORDINANCE 2021-3817 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE CITY OF LA PORTE'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT,CHAPTER 2303,TEXAS GOVERNMENT CODE; PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING INEOS USA, LLC, TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM DIVISION THROUGH THE ECONOMIC DEVELOPMENT BANK AS AN ENTERPRISE PROJECT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of La Porte. Texas ("City" herein) desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the city and to provide employment to residents of such area; and WHEREAS, the project or activity is not located in an area designated as an enterprise zone; and WHEREAS,pursuant to Chapter 2303,Subchapter F of the Texas Government Code,("Act"herein), INEOS USA, LLC has applied to the City for designation as an enterprise project, for the qualified business site located at 1230 Independence Parkway, La Porte, Harris County, Texas 77571; and WHEREAS, the City finds that INEOS USA, LLC meets the criteria for tax relief and other incentives adopted by the City on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity, and stability; and WHEREAS, a public hearing to consider this ordinance was held by the City Council on February 8. 2021; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section l: The City nominates INEOS USA, LLC to the Office of the Governor Economic Development and Tourism Division ("EDT" herein) through the Economic Development Bank ('`Bank" herein) as an enterprise project Section 2: The following local incentives, at the election of the La Porte City Council, are or will be made available to the nominated project or activity of the qualified business: a) The City may abate taxes on the increase in value of real property improvements and eligible personal property that is located in a designated enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees. in accordance with the City of La Porte Tax Abatement Policy. and with qualified employee being defined by the Act. b) The City, upon approval of a project by the La Porte Development Corporation. may provide an Economic Development Sales Tax (Type B 414)contribution. c) The City may provide local sales tax refunds and other tax deferrals, refunds or incentives allowed under Chapter 380 of the Texas Local Government Code. d) The City may provide Tax Increment Financing. e) The City may provide Freeport Exemption. t) The City may provide regulatory relief to businesses, including: 1) zoning changes or variances; 2) exemptions from unnecessary building code requirements. impact fees.or inspection fees: or 3) streamlined permitting. c) The City may provide enhanced municipal services to businesses, including: 1) improved police and fire protection: 2) institution of community crime prevention programs; or 3) special public transportation routes or reduced fares. d) The City may provide improvements in community facilities, including: 1) capital improvements in water and sewer facilities; 2) road repair; or 3) creation or improvement of parks. e) The City' may provide improvements to housing. including: 1) low-interest loans for housing rehabilitation, improvement, or new construction; or 2) transfer of abandoned housing to individuals or community groups. f) The City may provide business and industrial development services, including: 1) low-interest loans for business; 2) use of surplus school buildings or other underutilized publicly owned facilities as small business incubators; 3) provision of publicly owned land for development purposes. including residential, commercial, or industrial development; 4) creation of special one-stop permitting and problem resolution centers or ombudsmen; or 5) promotion and marketing services. g) The City may provide job training and employment services to businesses, including: 1) retraining programs; 2) literacy and employment skills programs; 3) vocational education: or 4) customized job training. Section 3: The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. Section 4: The City of La Porte City Council directs and designates its City Manager as the City's liaison to communicate and negotiate with the EDT through the Bank and enterprise project(s) and to oversee zone activities and communications with qualified businesses and other entities in an enterprise zone or affected by an enterprise project. Section 5: The City finds that INEOS USA, LLC meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: (a.) INEOS USA, LLC is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body's jurisdiction, located outside of an enterprise zone and at least thirty-five percent (35%) of the business' new employees will be residents of an enterprise zone, economically disadvantaged individuals, or veterans; and (b.) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities in the area; and (c.) The designation of INEOS USA. LLC as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. Section 6: The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate on March 2, 2026. Section 7: Each and every provision, paragraph, sentence and clause of this ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision; and if any provision hereof shall be ineffective,invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof: but the valid portion shall be in force just as if it had been passed alone. Section 8: 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 Texas 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 9: This ordinance shall be in effect immediately upon its passage and approval. PASSED,APPROVED AND ADOPTED,this Z 1 day of February. 2021. CITY OF Li, 0 E. TEXAS Louis . Rigby. ay ATTEST: APPROVED AS TO FORM: 414....L .� •...P043 l so'ware, f, + ► � .••••' •••..F� 11 Clark T. Askins. Assistant City Attorney I lll�i lly .f'��%�