Loading...
HomeMy WebLinkAboutPR 22220: UNIFORM TAX ABATEMENT POLICY P.R. No. 22220 10/25/2021 ht RESOLUTION NO. A RESOLUTION CONFIRMING THE UNIFORM TAX ABATEMENT POLICY FOR A TWO (2) YEAR TERM PURSUANT TO CHAPTER 312 OF THE TEXAS PROPERTY CODE WHEREAS, the Property Redevelopment and Tax Abatement Act is delineated in Chapter 312 of the Texas Property Code and provides that the governing body of a municipality must elect to become eligible to participate in tax abatement; and, WHEREAS, a City may not enter into a tax abatement agreement or designate an area as a reinvestment zone until guidelines and criteria governing tax abatement agreements have been adopted; and, WHEREAS, the City must adopt guidelines and criteria governing tax abatement agreements every two years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby confirms the attached Uniform Tax Abatement Policy pursuant to Chapter 312 of the Texas Property Code for a two (2) year term, attached hereto in substantially the same as Exhibit "A". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. s.pr22220 READ, ADOPTED AND APPROVED on this day of , A.D., 2021, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: , Councilmembers: , NOES: . Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Valecia Tizen , City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager s.pr22220 EXHIBIT "A" s.pr22220 • Updated 7/6/15 GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENTS IN REINVESTMENT ZONES IN PORT ARTHUR TEXAS ADMONITORY PROVISION The final determination of value to be abated invested with the Jefferson County Appraisal District(JCAD),an agency autonomous from the City of Port Arthur. The Procedures used by JCAD are attached as Exhibit "A" and incorporated and adopted in this Abatement Policy for all purposes. These provisions are illustrative only and shall not limit the Appraisal District in making determinations in any manner otherwise allowed by law. STATEMENT OF PURPOSE SECTION I (a) The City Council of the City of Port Arthur, Texas adopts this tax abatement policy to provide incentives to the owner of real property, who proposes a Project to develop, redevelop or improve eligible facilities. The incentives will consist of a limited special exemption from certain taxes provided that the Owner agrees to accept and abide by this Policy and provided that the real property • is located in a lawfully created Reinvestment Zone. (b) This policy is intended to improve the quality of life in economically depressed areas by stimulating business development and job creation within such areas. DEFINITIONS SECTION II (a) Abatement means the full or partial exemption from ad valorem taxes of certain real property value and/or tangible personal property value in a reinvestment zone designated by the City for economic development purposes. (b) Agreement means a contractual agreement between a property owner and/or lessee and the City. (c) "Base Year" means the calendar year in which the abatement contract is executed (signed). (d) Base Year Value means the assessed value of eligible property within the entity on January 1 preceding the execution of the abatement agreement and which property is owned by the owner, co-owner and/or its parent companies, subsidiaries, partner or joint venturers or any entity exercising legal control over the owner or subject to control by the owner. (e) Deferred Maintenance means improvements necessary for continued operation which do not improve productivity,or after the process technology, reduce pollution or conserve resources. (f) Distribution Center 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 beyond Port Arthur. Updated 7/6/15 (g) Eligible Facilities means new, expanded, or modernized buildings and structures, tangible personal property as defined in the Texas Tax Code, including fixed machinery and equipment, which is reasonably likely as a result of granting abatement to contribute to the retention or expansion of primary employment or to attract major investment in the reinvestment zone that would be a benefit to the property and that would contribute to the economic development within the City, but does not include facilities which are intended primarily to provide goods or services to residents or existing businesses located in the City. Eligible facilities may include, but shall not be limited to, industrial buildings and warehouses. (h) "Expansion" means the addition of buildings,structures, machinery,tangible personal property, equipment or payroll for purposes of increasing production capacity. (i) Modernization means a complete or partial demolition of facilities and the complete or partial reconstruction or installation of a facility of similar or expanded production capacity. Modernization may result from the construction,alteration or installation of buildings,structures, machinery, equipment, pollution control devices or resource conversation equipment. (j) Facility means property improvements completed or in the process of construction which together comprise an integral whole. (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) Productive Life means the number of years a property improvement is expected to be in service in a facility. (m) Tangible Personal Property means tangible personal property classified as such under state law, but excluding inventory and/or supplies and tangible personal property that was located in the investment zone at any time before the period covered by the agreement with the City. (n) Eligible Projects means a project that fits into one of the following categories: Industrial or Manufacturing. The minimum capital investment and corresponding abatement percentage required for an industrial project is specified in Exhibit "B". The minimum capital investment and corresponding abatement percentage required for a manufacturing project as is specified in Exhibit"C". (o) Variance: means an exception upon approval of the City Council which will allow commercial enterprises to participate in the abatement process for projects that facilitate the purpose of higher education. 2 Updated 7/6/15 ABATEMENT AUTHORIZED SECTION III (a) Eligible Facilities. Upon application, Eligible Facilities shall be considered for tax abatement as hereinafter provided. (b) Creation of New Value. Abatement may only be granted for the additional value of eligible improvements made subsequent to and specified in an abatement agreement between the City and the property owner or lessee, subject to such limitations as the City may require. Under no circumstances will abatements be considered or granted once construction on a facility or project has begun. (c) New and Existing Facilities. Abatement may be granted for new facilities and improvements to existing facilities for purposes of modernization or expansion. (d) Eligible Property. Abatement may be extended to the increase in value of buildings, structures, tangible personal property, fixed machinery and equipment, site improvements and related fixed improvements necessary to the operation and administration of the facility. (e) Ineligible Property. The following types of property shall be fully taxable and ineligible for tax abatement: land, supplies, inventory, vehicles, vessels, housing, improvements for the generation or transmission of electrical energy not wholly consumed by a new facility or ' expansion; any improvements, including those to produce, store or distribute natural gas, fluids or gases,which are not integral to the operation of the facility; deferred maintenance, property to be rented or leased (except as provided in Section III(f), property which has a productive life of less than ten years, or any other property for which abatement is not allowed by state law. (f) Owned/Leased Facilities. If a leased facility is granted abatement, both the owner/lessor and the lessee shall be parties to the abatement contract with the City. (g) Economic Qualifications. In order for an Eligible Facility to qualify for designation as a reinvestment zone and receive tax abatement for the planned improvement,the Eligible Facility: • 1) Must create increased appraised ad valorem tax value based upon the Jefferson County. Appraisal District's assessment of the Eligible Property; 2) Must prevent the loss of payroll or retain,increase or create payroll on a permanent basis in the City; • 3) Must not have the effect of displacing workers or solely transferring employment from one part of the City to another;and 3 Updated 7/6/15 4) Must demonstrate by an independent economic impact analysis that the local economic benefit to the City of Port Arthur will be substantially in excess of the amount of anticipated foregone tax revenues resulting from the abatement. (h) Factors Considered By City in Considering Abatement Requests, the following factors, among others, shall be considered in determining whether to grant tax abatements for an Eligible Facility and, if so, the percentage of value to be abated and duration of the tax abatement. 1) Value of land and existing improvements,if any; 2) Type and value of proposed improvements; 3) Productive life of proposed improvements; 4) Number of existing jobs to be retained by proposed improvements; 5) Number of type of new jobs to be created by proposed improvements; 6) The extent to which new jobs to be created will be filled by persons who are economically disadvantaged,including residents of a Reinvestment Zone; 7) The extent to which.Port Arthur labor and Port Arthur Business Enterprises will be used in the construction phase of the project; 8) Amount of local taxes to be generated directly; 9) Amount property tax base valuation will be increased during the term of abatement and after abatement; 10) The costs to be incurred by the City to provide facilities or services directly resulting from the new improvements; 11)The amount of ad valorem taxes to be paid to the City during the abatement period considering (a)the existing values; (b) the percentage of new value abated; (c) the abatement period;and,(d)the value after expiration of the abatement period; 12)The population growth of Port Arthur expected to occur directly as a result of new improvements; 13) The types and values of public improvements, if any to be made by applicant seeking abatement; 4 Updated 7/6/15 • 14) Whether the proposed improvements compete with existing businesses to the detriment of the local economy; 15)The impact on the business opportunities of existing businesses; 16)The attraction of other new businesses to the area as a result of the project; 17)The overall compatibility with the zoning ordinance and comprehensive plan for the area; 18) Whether the project is environmentally compatible with no negative impact on quality of life perceptions;and 19)The extent to which the new employment will reflect the cultural diversity of the City. Each application for tax abatement shall be reviewed on its merits utilizing the factors provided above. After such review,abatement may be denied entirely or may be granted to the extent deemed appropriate after full evaluation. (I) Local Employment. For purposes of evaluating Section III(h)(7),local labor is defined as those laborers or skilled craftsmen who reside in Port Arthur. (j) Historically Underutilized Businesses/Disadvantaged Business Enterprises.The City will also strongly consider the extent to which the project will encourage and promote the utilization of Historically Underutilized Businesses(HUBS)(also known as Disadvantaged Business Enterprises,or DBEs)by the owner and general contractor by ensuring that qualified HUB vendors and contractors are given an opportunity to bid on all contracts. 1. A Historically Underutilized Business(HUB)is a business owned or controlled by socially and Economically Disadvantaged Individuals as defined by all applicable federal or state laws and local policies,including Black Americans,Hispanic Americans, Native Americans,Asian-Pacific Americans,Asian-Indian Americans, women and individuals with disabilities. A HUB is one that is at least 51 percent owned or controlled by one or more women or Socially and Economically Disadvantaged Individuals who actively participate in the conduct of the business or,in the case of a publicly owned business,one in which at least 51 percent of the stock is controlled by one or more women or Socially and Economically Disadvantaged Individuals.A business that has been certified as a HUB/DBE by an agency of the federal government or the State of Texas is presumed to be a HUB/DBE for purposes of this policy. Only a HUB/DBE with its principal office in Jefferson,Hardin,and Orange,County will be recognized as a HUB/DBE for purposes of this policy. The City of Port Arthur will supply a Minority Business Directory to each applicant. 5 Updated 7/6/15 2. The City will require that each abatement contract between itself and any individual or entity seeking the abatement of ad valorem taxes contain a provision requiring the owner,on at least a quarterly basis,and at owner's cost,to allow the full examination by City or its designated representative(s)of all documents • necessary for the City to assure that best efforts have been used by owner to utilize local labor, subcontractors,vendors,suppliers and HUB's/DBE's_The City will also require that such contracts contain provisions binding the engineering/construction firms utilized as general contractors on the project to the terms of the abatement agreement. (k) Denial of Abatement. Neither a reinvestment zone nor abatement agreement shall be authorized if it is determined that; 1) There would be a substantial adverse effect on the provision of government service or tax base; 2) The applicant has insufficient financial capacity; 3) Planned or potential use of the property would constitute a hazard to public health, safety or morals; 4) Violation of state or federal laws;or, 5) Any other reason deemed appropriate by the City. (I) Taxability. From the execution of the abatement agreement to the end of the agreement period,taxes shall be payable as follows: 1) The value of ineligible property as provided in Section III(e)shall be fully taxable; and, 2) The base year value of existing eligible property as determined each year shall be fully taxable. The additional value of new Eligible Property shall be fully taxable at the end of the abatement period, APPLICATION SECTION IV (a) Any owner or his agent of taxable property in the City may request the creation of a reinvestment zone and tax abatement by filing a written request with the City Manager. (b) Any present owner, potential owner or Lessee of taxable property in the City may request the creation of a reinvestment or enterprise zone and tax abatement by filing a written request with the City Manager. 6 Updated 7/6/15 (c) The application shall consist of a completed application form which shall provide detailed information on the items described in Section III (h) hereof;a map and property description;a time schedule for undertaking and completing the planned improvements. In the case of modernization, 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. The application form may require such financial and other information as may be deemed appropriate for evaluating the financial capacity and other factors of the applicant. (d) The City shall also require a non-refundable application fee in the amount of$1,000.00 to be submitted with the application. (e) Prior to the adoption of an ordinance designating a reinvestment zone, the City shall: (1) give written prior notice to the presiding officer of the governing body of each taxing unit in which the property to be subject to the agreement is located not later than the seventh (7th)day before the public hearing; and (2) publish notice of a public hearing in a newspaper of general circulation within such taxing jurisdiction not later that the seventh(7th)day before the public hearing. Before acting upon the application, the City shall, through public hearing, afford the applicant and the designated representative of any governing body referenced hereinabove opportunity to show because why the abatement should or should not be granted. (f) The City shall make every reasonable effort to either approve or disapprove the application for tax abatement within forty-five (45)days after receipt of the application. The City of Port Arthur shall notify the applicant of approval or disapproval. (g) The City shall not establish a reinvestment zone for the purpose of abatement 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. (h) Information that is provided to the City in connection with an application or request for tax abatement and that describes the'specific processes or business activities to be conducted or the equipment or other property to be located on the property for which a tax abatement agreement is requested is confidential and not subject to public disclosure pursuant to the Texas Public Information Act until the tax abatement agreement is executed.That information in the possession of a taxing unit after the agreement is executed is not confidential and is subject to disclosure. AGREEMENT SECTION V (a) Not later than the seventh (7th)day before the date on which the City enters into the abatement agreement, the City shall deliver to the presiding officer of the governing body of each other taxing unit in which the property is located a written notice that the City intends to enter into an agreement.The notice shall include a copy of the prepared agreement. 7 Updated 7/6/15 (b) After approval, the City shall formally pass a resolution and execute an agreement with the owner of the facility and lessee as required which shall include at least the following terms; 1) Estimated value to be abated and the base year value; 2) Percent of value to be abated each year; 3) The commencement date and the termination date of abatement; 4) The proposed use of the facility; nature of construction,time schedule, map, property description and improvement list as provided in application,Section IV(c); 5) Contractual obligations in the event of default,violation of terms or conditions,delinquent taxes, recapture,administration or assignment; 6) Provision for access to and authorization for inspection of the property by City employees to ensure that the improvements or repairs are made according to the specifications and conditions of the agreement; 7) Limitations on 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; 8) Provision for recapturing property tax revenue lost as a result of the agreement if the owner of the property fails to make the improvements or repairs as provided by the agreement; 9) Provision that all permanent jobs be registered with the Texas Workforce Commission and that all contractors shall give preference to and to seek qualified workers through the Texas Workforce Commission. 10) Contain each and every term agreed to by the owner of the property; 11) Requirement that the owner or lessee of the property certify annually to the governing body of each taxing unit that the owner or lessee is in compliance with,each applicable term of the agreement; 12) All terms required by Texas Tax Code§312.205,as amended; and That the property subject to abatement-is not owned or leased by a person who is a member of the governing body of the City or a member of the zoning or planning board or commission of the City. • (c)Quarterly Reports The Property Owner agrees to submit on a semi-annual basis a report (each, a "Report") in accordance with the procedures, and providing the information specified, herein with respect to the 8 Updated 7/6/15 hiring of qualified Port Arthur residents by the Property Owner and its Nested Contractors, and the retention of Port Arthur LBE's by the Property Owner,as the same relate to the Affected Area. The Report due for the six-month period ending on June 30th of each of such Tax Years shall be submitted on or before the July 315' immediately following the end of such six-month period, and the Report due for the six-month period ending on December 31st of each of such Tax Years shall be submitted on or before the January 315t immediately following the end of such six-month period; provided, however, that upon the written request of the Property Owner,the deadline for submitting a Report shall be extended for thirty(30) days. The six-month period covered by any Report is referred to herein as the"Report Period." The Reports shall be sent to the Office of the City Manager and copied to the City Attorney substantially in the format delineated in Exhibit "B". Each of the Reports will be reviewed for compliance by the City or its representative as to the following: (I) With respect to the hiring of qualified Port Arthur residents by the Property Owner at the Facility, such Report shall set forth the following information for the Report Period covered by such Report: (A) Total number of employees employed by the Property Owner at the Facility on the last day of such Report Period who were Port Arthur residents on such date; (B) Total number of employees employed by the Property Owner at the Facility on the last day of such Report Period; (C) Total number of new hires employed by the Property Owner at the Facility during such Report Period who were Port Arthur residents on their first day of employment with the Property Owner; (D) Total number of new hires employed by the Property Owner at the Facility during such Report Period; and (E) Total number of applicants completing the interview process for employment with the Property Owner at the Facility during such Report Period. (ii) With respect to the hiring of qualified Port Arthur residents by the Property Owner's Nested Contractors for projects at the Facility, the Property Owner will use commercially reasonable efforts to obtain the information set forth below for inclusion in such Report for the Report Period covered thereby: 9 Updated 7/6/15 {A) Total number of employees employed by the Property Owner's Contractors for projects at the Facility on the last day of such Report Period who were Port Arthur residents on such date; (B) Total number of employees employed by the Property Owner's Contractors for projects at the Facility on the last day of such Report Period; (C) Total number of new hires employed by the Property Owner's Contractors for projects at the Facility during such Report Period who were Port Arthur residents on their first day of employment with the Property Owner's Contractors; (D) Total number of new hires employed by the Property Owner's Contractors for projects at the Facility during such Report Period; and (E) Total number of applicants completing the interview process for employment with Property Owner's Contractors for projects at the Facility during such Report Period. (iii) With respect to the retention of "Designated Port Arthur LBE's", such Report shall set forth the fallowing information for the Report Period covered by such Report: (A) Total number of Designated Port Arthur LBE's that: (I) were on the approved vendor list of the Property Owner at any time during such Report Period,and/or (ii) Were invited by the Property Owner during such Report Period to bid on contracts for goods and/or services; (B) Total number and dollar amount of contracts awarded by the Property Owner during such Report Period for goods and/or services that the Property Owner determines could have potentially been obtained from Designated LBE's; and (C) Total number and dollar amount of the contracts described in Section 6(c) (iii) (B) immediately above that were awarded to Designated LBE's during such Report Period. (d) The information provided by the Property Owner to the City in any Report shall be held confidential by the City to the fullest extent permitted under applicable law. If the City receives a request for such information, the City will notify the Property Owner, and the Property Owner will be afforded an opportunity to file a brief with the Texas Attorney General setting forth the reasons for exclusion of all or any portion of such information from the requirement to be released pursuant to the Texas Public Information Act. 10 Updated 7/6/15 Such agreement shall normally be executed within sixty(60)days after the applicant has forwarded all necessary information and documentation to the City. RECAPTURE SECTION VI (a) Tax abatement agreements will provide for recapture of abated property taxes in the event contract terms and requirements are not met. These recapture provisions will survive any subsequent assignment of the Agreement. In the event that the company or individual (1) allows its ad valorem taxes owe.d the City to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest; or (2) 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 thirty(30)days of the termination. (b) Should the City determine that the company or individual is in default according to the terms and conditions of its agreement,the City shall notify the company or individual of such default in writing at the address stated in the agreement; and if such is not cured within thirty (30) days from the date of such notice("Cure Period"),then the agreement may be terminated. (c) Milestones: The City will set specific milestones for each company to meet. These milestones will be incorporated into a tax abatement agreement that will be approved by the City Council. (d) Payment in Lieu of Taxes: If,during the period of this abatement,any Federal or State Iaw provides an additional tax exemption for the property that is already the subject of this agreement,Applicant agrees to decline that tax exemption during the period of this abatement. If Applicant is unable to decline that tax exemption,Applicant agrees to pay the taxes,or payment in lieu of taxes,on the reduction of property tax revenue to the City that is the result of said exemption. Any payment in lieu of taxes shall be due on or before November 15 of the year in which payment is due. By this, it is understood and agreed that if the party granted this abatement avails itself of a Foreign Trade Zone exemption,the abated value subject to this contract will be reduced dollar for dollar and taxed. The following are the sample schedules that show what percentage of taxes abated will be recaptured (multiply the amount of taxes abated by the percentage in the recapture period): II Updated 7/6/15 Less that 10 Year Abatement Period 10-Year Abatement Period Recaptured Recaptured Termination of Abatement Taxes Termination of Abatement Taxes During Abatement Period I00% During Abatement Period ]00% Year 1 of Recapture Period Year 1 of Recapture Period Year 2 of Recapture Period 75% Year 2 of Recapture Period 80% Year 3 of Recapture Period 50% Year 3 of Recapture Period 60% Year 4 of Recapture Period _ 25% Year 4 of Recapture Period 40% ___. _ ._ _. _ Year 5 of Recapture Period 20% Year 6 of Recapture Period 10% ADMINISTRATION SECTION VII (a) The Chief Appraiser of the Jefferson County Appraisal District will annually determine an assessment of the real property comprising the reinvestment zone. Each year, the company or individual receiving abatement shall furnish the appraiser with such information as may be necessary for the abatement.Once value has been established, the Chief Appraiser will notify the City of the amount of the assessment. (b) The abatement 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 the giving of 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. Ail inspections will be made with one or more representatives of the company or individual and in accordance with its safety standards. (c) Upon completion of construction, the designated representative of the City shall annually evaluate each facility receiving abatement to insure compliance with the agreement, and a formal report shall be made to the City. (d) The City shall timely file with the Texas Department of Economic Development and the State Property Tax Board all information required by the Tax Code. (e) During the course of construction of the Project, Owner and its general contractor and/or subcontractors shall, on at least a quarterly basis, meet with designated City representatives for an onsite inspection to assure compliance with the terms of the abatement agreement. Owner shall be responsible to City for the payment of costs associated with such monitoring. In the event it is determined that Owner or its contractors have failed to comply with the terms of the abatement agreement, then City may terminate the abatement agreement or, in City's discretion, reduce the duration or annual percentages of such abatement. 12 Updated 7/6/15 (f) During construction, the Applicant shall maintain appropriate records of the employees affected by this abatement, including but not limited to, proof of employees' legal residence, proof of immigration-resident status, and, if applicable, such other documentation that may be required to document compliance with the Agreement. (g) The Chief Appraiser of the Jefferson County Appraisal District shall timely file with the Texas Department of Economic Development and the State Property Tax Board all information required by the Tax Code. (h) All requirements of the Abatement Agreement shall. apply to Applicant's contractors/subcontractors and Applicant shall ensure that they abide by the terms of the Agreement. ASSIGNMENT SECTION VI Abatement may be transferred, assumed and assigned in whole or in part by the holder to a new owner or lessee of the same facility upon the approval by resolution of the City Council; subject to the financial capacity of the assignee and provided that all conditions and obligations in the abatement agreement are guaranteed. No assignment or transfer shall be approved if the parties to the existing agreement,the new owner or new lessee are liable to any jurisdiction for outstanding taxes or other obligations.Approval shall not be unreasonably withheld. As a condition of transfer,an assignment fee of$10,000.00 may be required,with the maximum fee being$10,000.00 SUNSET PROVISIONS SECTION VII These guidelines and criteria are effective upon the date of their adoption and will remain in force for two years, unless amended by three-quarters of the City Council at which time all reinvestment zones and tax abatement agreements created pursuant to these provisions will be reviewed to determine whether the goals have been achieved. Based on that review, the guidelines and criteria may be modified, renewed or eliminated. DISCRETION OF THE CITY SECTION VIII The adoption of these guidelines and criteria by the City does not: 1) Limit the discretion of the City to decide whether or not to enter into a specific tax abatement agreement. 13 _ . . . ' .;.it:r:q"(`:p'i':'' �;�!•�` `_.!'.".fC.C.`" .. :.�.•��yyr'�;r r!(+tca< - :;�' �� 'rr.:.. .:�s�e•')?y ','.yy"'. ,:% ` . Updated 7/6/15 2) Limit the discretion of the City to delegate to its employees the authority to determine whether or not the City should consider a particular application or request for tax abatement;or, 3) Create any property, contract, or other legal rights in any person to have the City consider or grant a specific application or request for tax abatement. • 14 Updated 7/6/15 QUESTIONS TO BE ANSWERED IN ORDER TO DEVELOP AN APPLICATION OF ECONOMIC IMPACT STATEMENT FOR VALUE ADDED TAX ABATEMENTS IN PORT ARTHUR,TEXAS General: The City of Port Arthur will provide a representative to assist in preparation and presentation of all documents and to guide them through the abatement process. Opening Paragraph: The application should include a summary statement about the company and its operations. ibis information can come from an annual report, corporate 10K or other document provided by the company.(Please include this document with this questionnaire). Answers to Statutory Questions: 1) Present Appraisal District value of land and any EXISTING improvements: (The City of Port Arthur will answer this question based on Appraisal District records for the specific site you select) Cost of Land(If you are purchasing):$ Number of Acres: or Square Feet 2) Type and value of proposed improvements: Type of construction: (Tiltwall, Built-Out of Existing Facility,Etc.) Value of Construction: Value of Equipment: Value of Personal Property: Value of Inventory&Percent going out-of-state: Within 175- Day Cycle: 3) Productive life of proposed improvements: years,or term of initial lease: 4) Number of existing jobs to be retained by proposed improvements: (Answer only if the location is already in Port Arthur and now employs Port Arthur Residents). 5) Number and types of new jobs to be created by proposed improvements: 6) Amount of local payroll to be create: annually. 15 Updated 7/6/15 7) What percentage and type of jobs to be created will Port Arthur residents have the opportunity to fill? 8) Amount of local sales taxes to be generated directly: (Please uses prior year's taxes collected on your taxable sales.) 9) Amount property tax base valuation will be increased during term of abatement and after abatement: 10)The costs to be incurred by the City of Port Arthur to provide facilities or services directly resulting from the new improvements: (Explain any costs for development or depletion of infrastructure the city is being asked to absorb,if any). 11)The amount of ad valorem taxes to be paid to the city during the abatement period considering (A)the existing values; (b)the percentage of new value abated;(c)the abatement period;and (d)the value after expiration of the abatement period. 12)The types and values of public improvements,if any,to be made by applicant seeking abatement: List any facilities from which the public might benefit). 13)Whether the proposed improvements competle with existing businesses to the detriment of the local economy: 14)The impact on the business opportunities of existing businesses: Are there possibilities for local businesses to be become suppliers?Any new retail opportunities? 15)The attraction of other new business to the area: (Will any of your suppliers,customers,parent,or sister companies relocate because of your relocation?) 16)The overall compatibility with the zoning ordinances and comprehensive plan for the area: 17) Maps and Plats Provide maps, plats,and drawings necessary to establish the location of the improvements and their relationships to the boundaries of cities, ETJ's,and reinvestment or enterprise zone boundaries. 16 Updated 7/6/15 18) Questions to be Answered (1)Is your project within a city limit? .Name of City (2) Is your project within an ETJ? Name of City ETJ (3) Is your project within an Enterprise or Reinvestment Zone?Which? 19) (4)Will you own the realty or lease the realty? (5) Present Appraisal District value of land and any EXISTING improvements owned by the OWNER: (Answer this question based on Appraisal District records for the specific site you select.) Cost of Land (If you are purchasing):$ Number of Acres: or Square Feet: (6)Type and value of proposed improvements: Type of construction: (Tiltwall,Build-Out of Existing Facility,Etc.) Value of Construction: Value of Equipment: (7) Productive life of proposed improvements: years,or term of initial lease: (8) Number of existing jobs to be retained by proposed improvements: (Answer only if the location is already in or near the City of Port Arthur and now employs Port Arthur residents.) 17 Updated 7/6/15 (9) Number and types of new jobs to be created by proposed improvements: Include in this answer the number of Port Arthur residents that will be employed. (10)Amount of Annual local payroll to be created: 20) (11)What percentage and type of jobs to be created will Jefferson residents have the opportunity to fill? (12)Amount property tax base valuation will be increased: During term of abatement: After term of abatement: (13)The costs to be incurred by local government to provide facilities or services directly resulting from the new improvements: (Explain any costs for development or depletion of infrastructure the city is being asked to absorb,if any.) (Are there possibilities for local businesses to become suppliers?Any new retail opportunities?If you have previously conducted business within Port Arthur,please provide a list of any and all local/non-local HUB/DBE companies with whom you have worked and the extent of that work relationship) (21) Describe,including the estimated value,all pollution control devices and other improvements for which you intend to seek TNRCC exemption from taxation: NOTE:Failure to accurately disclose exempted property may result in a total default under the Abatement Contract,resulting in recapture of previously abated taxes and forfeiture of future abatement. 18 Updated 7/6/15 EXHIBIT"A" PROCEDURE FOR CALCULATING ABATEMENTS Purpose The purpose of this procedure is to clarify the method used in calculating tax abatement. This procedure requires calculation of the Current Year Market Value, Base Year Value,and Taxable Value as these terms are defined below.-In accordance with the City of Port Arthur Uniform Tax Abatement Policy,the Real Property Owner's Current Taxable Value shall not be less than the Base Year Value in order for a project to receive the full amount of abatement. Calculation of"Base Year Value" "Base Year Value"for each taxing entity executing an abatement contract is the Taxable Value of all industrial realty improvements of a property owner and/or its affiliates located within that entity for the tax period defined as the"Base Year". "Base year" is defined as the calendar year in which the abatement contract is executed (signed). Calculation of"Current Year Market Value" "Current Year Market Value"for each taxing entity executing an abatement agreement is determined by calculating for the Current Tax Year the Market Value of all industrial realty improvements of a property owner and/or its affiliates that comprise the "Base Year Value." 19 Updated 7/6/15 Calculation of"Taxable Value" "Taxable Value" for each taxing entity executing an abatement agreement is determined by deducting from the Market Value of all industrial realty improvements of a property owner and/or its affiliates the amount of any applicable exemptions and abatements granted for that Tax Year. Calculation of Abated Value The following procedures are followed for each project for which a tax abatement contract has been executed and for each taxing entity granting the abatement. VALUE POTENTIALLY ELIGIBLE FOR ABATEMENT: The Base Year Value is subtracted from the Current Year Market Value. If the difference is greater than zero (0),then the remaining value is the value potentially eligible for abatement. If the difference is zero (0) or less, then the project is not eligible for an abatement for that Tax Year. VALUE AVAILABLE FOR ABATEMENT: For each project that remains potentially eligible for abatement,a preliminary calculation of the abated value of all other projects for the owner and/or its affiliates, if any, must be made. This calculation must first be done based on a preliminary abated value for subsequent projects since the full calculation has yet to be performed. For multiple abated projects,the calculations of the preliminary abated values are made in chronological order based on the date the contract was executed. Once the abated value for the subsequent project is calculated, if the actual abated value differs from the preliminary abated value,this calculation must be redone in order to reflect the actual abated value. • Once all calculations have been completed,the abated value of other projects for the owner and/or its affiliates, if any, is subtracted from the Value Potentially Available for Abatement. if the difference is 20 Updated 7/6/15 greater than zero (0),then the remaining value is the Value Available for Abatement. If the difference is zero (0)or less,then the project is not eligible for an abatement for that Tax Year. VALUE SUBJECT TO ABATEMENT: The project base value, if applicable, is subtracted from the current year project value, and the percentage of abatement to be granted is then applied to the net amount to determine the Value Subject to Abatement. ABATED VALUE: Any applicable reductions for Foreign Trade Zone or Pollution Control restrictions are subtracted from the Value Subject to Abatement. If the difference is less than the Value Available for Abatement,then • this is the Abated Value. If the difference is greater than the Value Available for Abatement,then the Value Available for Abatement becomes the Abated Value. 21 The City will offer an abatement for a minimum of six and a maximum of ten years, based upon the total capital investment of a project and/or the creation of jobs. A minimum capital investment of$100 million is required in order to qualify for the minimum tax abatement. The City will consider offering the maximum allowable tax abatement on projects that exceed $1 billion. The City will offer incentives before and after the construction period as follows: 6 year agreement requires a Capital Abatement investment of$100 million to$250 million percentage Construction Period limited to 1 year 75 Year I after Construction Period 50 Year 2 after Construction Period 40 Year 3 after Construction Period 30 Year 4 after Construction Period 20 Year 5 after Construction Period 10 I 7 year agreement requires a Capital Abatement investment of more than$250 million up to percentage 5500 million Construction Period limited to 2 years 75 ' Year 1 after Construction Period 60 Year 2 after Construction Period 50 Year 3 after Construction Period 40 Year 4 after Construction Period 30 Year 5 after Construction Period 20 8 year agreement requires a Capital Abatement investment of more than$500 million up to percentage S750 million Construction Period limited to 3 years 75 Year 1 after Construction Period 70 Year 2 after Construction Period 60 Year 3 after Construction Period 50 Year 4 after Construction Period 40 Year 5 after Construction Period 30 9 year agreement requires a Capital Abatement investment of more than 5750 million up to percentage Si billion Construction Period limited to 4 years • 75 Year l after Construction Period 80 Year 2 after Construction Period 70 Year 3 after Construction Period 60 Year 4 after Construction Period 50 j Year 5 after Construction Period 40 10 year agreement requires a Capital Abatement investment of over SI billion percentage Construction Period limited to 5 years 75 Year I after Construction Period 90 Year 2 after Construction Period 80 Year 3 after Construction Period 70 Year 4 after Construction Period 60 Year 5 after Construction Period 50 At the end of the abatement period,the additional value of the new eligible property shall be fully taxable. Furthermore,the City will offer Performance Based Incentives which can result in additional discounts to the abatement percentage. The maximum discount is 100%based on performance during the construction period and post construction.