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HomeMy WebLinkAboutPR 15280: WAIVE PERMIT/TAP FEES FOR NEIGHBORHOOD EMPOWERMENT ZONE (HWY. 69)Interoffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark Sokolow, City Attorney ' Date: May 29, 2009 Subject: P. R. No. 15280; Council Meeting June 2, 2009 Attached is P. R. No. 15280 as it pertains to the waiver of building permit fees and tap fees as it pertains to the Neighborhood Empowerment Zone adjacent to U. S. Highway 69. MTS:gt Attachment cc: Kerry LaGrone LAGRONE SERVICES, LTD. Rebecca Underhill Assistant City Manager z.pr1526o_memo P. R. No. 15280 05/28/09 gt RESOLIITION NO. A RESOLIITION AS IT PERTAINS TO THE WAIVER OF BIIILDING PERMIT FEES AND TAP FEES AS IT PERTAINS TO THE NEIGHBORHOOD ENPOWBRMENT ZONE ADJACENT TO II.S HIGHWAY 69 WHEREAS, a neighborhood empowerment zone was created pursuant to Resolution No. 04-426; and WHEREAS, a Sales Tax Refund Agreement with LaGrone Services, Ltd. was authorized per Resolution No. 05-105 on March 29, 2005 as it pertains to development within the neighborhood empowerment zone; and WHEREAS, per Article 3 of the Agreement, the City agreed to waive all building permit fees and tap fees to be charged to LaGrone Services, Ltd. in order to assist in the timely construction of a retail center and a hotel in the area; and WHEREAS, the intent of the agreement was to provide LaGrone Services, Ltd. the flexibility to provide this incentive to companies that he sold the property to within the zone; and WHEREAS, LaGrone Services Ltd has sold a portion of the property to wOW Land Holdings who are in the process of designing and constructing a Cheddar's restaurant within the zone; and WHEREAS, LaGrone Services Ltd has requested that the waiver of building permit fees and tap fees be provided for the Cheddar's z.pr15280 restaurant project as well as to the companies that he is presently negotiating as to provide retail businesses, hotel and similar facilities so long as they are within the neighborhood empowerment zone; and WHEREAS, it is now deemed in the interests of the citizens to approve the request of LaGrone Services, LTD attached as Exhibit "A" as to waive the building permit fees and tap fees as to facilitate the construction of facilities including Cheddars Restaurant in the neighborhood empowerment zone; and WHEREAS, the City Council deems said waiver to be prudent as to facilitate economic development, under Chapter 380 of the Local Government Code. NOW THEREFORE, HE IT RESOLVED BY THE CITY COIINCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the building permit fees and tap fees are waived as to the facilitate the construction of a Cheddars Restaurant within the neighborhood empowerment zone as well the building permit fees and tap fees will be waived for the companies that LaGrone Services, LTD is presently negotiating as to provide retail businesses, hotel and similar facilities so long as the improvements are within the neighborhood empowerment zone. z.pr152B0 Section 3. That Cheddar's Restaurant, as well as the other companies that plan to build retail, hotel or similar facilities will be required to pay for all construction costs, which includes, but is not limited to, the cost to tap into the City's water and sewer system and to pay for all meters and related equipment. Section 4. That the Cheddar's Restaurant is the type of facility that the City considers to be included as part of the retail center being planned for the development within the neighborhood empowerment zone. Section 5. That LaGrone Services Ltd shall receive its portion of the sales tax revenue in accordance with the Sales Tax Refund Agreement for the Cheddar's Restaurant being constructed, Conn's, Sertino's, King Buffet, Hangers Prosthetics and Read All Over Book Store and for the other retail business facilities, as well as for the hotel as one or more are being constructed and operational and once the City receives a copy of the sales tax reports from the owners or occupants of these facilities as provided for in Article 6 of the Sales Tax Refund Agreement, with authorization from these owners or occupants to disclose to the City the sales tax reports as filed with the Comptroller's office. Section 6. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Meeting of the City Council of z.pr15290 the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers NOES: ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER 1 ASSISTANT CITY MANAGER, REBECCA UNDERHILL z.pr15280 EXHIBIT ~A" OENBRAL CONTRACTORS AAD COASTRUCTION LlAFAGERS May 28, 2009 Mr. Mazk T. Sokolow City Hall P.O. Box 1089 Port Arthur, Texas 77641-1089 RE: LaGrone Sales Tax Refund Agreement # 04-426 Dear Mr. Sokolow: This correspondence is to request format clarification by Council resolution that all properties sold within the original established (Neighborhood Empowerment Zone) per the above referenced agreement, shall be eligible for all building pemui and tap fee waivers and that any properties sold for retail, hotel or similaz facilities shall be credited to the total square footage built in the wne and LaGtone Services, Ltd, shall retain all eligible benefits of the tax refund agreement. Sincerely, ~~ erry R. LaGrone, LC It's Managing General Partner Cc: Mayor City Manager Council LAGROAE BERVICBS, LTD. 138 f 0 CHAMPION FOREST DRIVE -SUITE l46 HOUSTON, TEXAS 77069 PH: (281)449-9275 FX: (281) 444-2350