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Home My WebLink AboutP.O. 6085: BASF REQUEST TX ENTERPRISE ZONE PROGRAMMemo To: Steve Fitzgibbons, City Manager and the City Council From: Colleen Russell, Planning Director Date: 5/14/2010 Re: BASF request to participate in the Texas Enterprise Zone Program Background: The program mentioned was established in Port Arthur by Ordinance 06-03. It outlines the criteria for participation in the Texas Enterprise Zone Program in line with the Act, in the Texas Government Code in Chapter 2303, Subchapter F. The Office of the Governor of Economic Development and Tourism (OOGEDT) through the Economic Development Bank (the "Bank") will consider BASF Corporation as an enterprise project pursuant to a nomination and an application made by the City. Summary: This is desirable to the City because such an action will enable 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. Please approve P.O. 6085 so BASF may proceed with this endeav~~_-~ ~~ Colleen Russell, MCRP P.O. No. 6085 05/14/10 CWR ORDINANCE NO. AN ORDINANCE NOMINATING BASF CORPORATION TO 'CHE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM (OOGEDT) THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED BUSINESS WHEREAS, the City of Port Arthur (the "City") has previously passed Ordinance No. 06-03 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. 06-03; and WHEREAS, the Office of the Governor Economic Development and Tourism (OOGEDT) through the Economic Development Bank (the "Bank") will consider BASF Corporation as a enterprise project pursuant: to a nomination and an application made by the City; and 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; and WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), BASF Corporation has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that BASF Corporation meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1. BASF Corporation 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 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 BASF Corporation as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. acid P.O. NO. 6085 05/13/10 Page 2 of 3 WHEREAS, the (pity finds that BASF Corporation meets the criteria for tax relief and other incentives adopted by the City and nominates BASF Corporation 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 BASF Corporation as an enterprise project pursuant to the Act; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT the enterprise project shall take effect on the date of the designation of the enterprise project by OOGEDT' and terminate five years from the date of designation. The findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted. THAT BASF Corporation 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. The site: is shown in EXHIBIT "A". THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this _ day of May, A.D., 2010, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: Mayor P.O. NO.6085 05/13/10 Page 3 of 3 ATTEST: City Secretary APPROVED AS TO FORM: Ci ~ At orn ~% ~/;~ ~ CI,~~ APPROVED FOR ADMINISTRATION: City Manager ,_, _____ ~ r~ '~ .. ~, Director of P~lannin EXHIBIT ~~A" .. ~ ~ Project Location: Official U.S. Census Map Showing Location of the Project Applicant: BASF Corporation Address: 14385 West Port Arthur Road Beaumont, TX 77705-9290 Poverty Level: 6.53% Project Location: Census Tract 113.01, Block Group 1, Jefferson County, Texas DELORIS `BOBBIE" PRINCE, MAYOR ELIZABETH "LIZ" SEGLER, MAYOR PRO TEM COUNCILMEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, jR. ROBERT E, WILLiAMSON D. KAY WISE THOMAS J. HENDERSON May 14, 2010 Mr. Joe H. Morin Small Business Advocate Office of the Governor Economic Development and Tourism 221 East 11 ~ Street Austin, TX 78701 RE: BASF Corporation (Port Arthur fadlity) Application for an Enterprise Project Description Dear Mr. Morin: STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS CITY SECRETARY VALECIA TIZENO CITY ATTORNEY Endosed for your review and approval is our Application nominating BASF Corporation as an Enterprise Project under the Texas Enterprise Zone Program for the June 1, 2010 Application Cyde. The City of Port Arthur fully supports the nomination and approval of this Enterprise Project Application. Thank you for your prompt and thoughtful consideration of this request. The City of Port Arthur is looking forward to the approval of this Enterprise Project Application. For additional information, please contact me at 409.983.8138. Regards, Colleen Russell Director of Planning and Zoning P.O. BOX 1089 ~ PORT ARTHUR, TEXAS T7641-1089 ~ 409/983-8115 ~ 409-'~3-8291 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application BASF Corporation XXXII. CERTIFICATION OF APPLICATION Governing Body Liaison (as stated in the nominating ordinance or order) First Name Colleen last Name Russell Title Director of Plannino and Zoning Organization City of Port Arthur Street Address 444 4"' Street Mailing Address 4444 4"' Street City Port Arthur State TX Zip 77640 -6450 Phone Number 409.983.8138 Fax Number 409.983.8137 Email Address russellcCa oortarthur.net Community Website htt~://www.oortarthur.net To the best of my knowledge and belief, the information contained in this Enterprise Project Application is true and correct and I have read the Texas Enterprise Zone Act and the Enterprise Zone Program Rules and am familiar with the provisions contained therein, as evidenced by my signature below. Signature (Governing Body Liaison) Date Printed Name Colleen Russell Title Director of Planning GNEN under my hand and seal of office this day of _ Notary Public, State of Texas (Notary Seal) My commission expires Rev.9.1.09 (Texas Enterprise Zone Program) Tab 1, Page 26 TE s Mtne. Oee ~~ Fov Bu..x[ss Office of the Governor Economic Development and Tourism Texas Enterprise Project Application BASF Corporation XXIII. NEW FULL-TIME JOBS TO BE CREATED Attach a breakdown of types of new jobs to be created by six-digit Standard Occupational Code and/or title, and the salary range or hourly rate for each (Tab 13) Total Number of New Full-Time Jobs to be Created 0 Total Amount of Annual Payroll for New Jobs 0 XXIV. JOBS TO BE RETAINED FOR BENEFIT Attach a breakdown of types of jobs to be retained for benefit by six-digit Standard Occupational Code and/or title, and the salary range or hourly rate for each (Tab 14) Total Number of Jobs to be Retained for Benefit 138 Total Amount of Annual Payroll for Retained Jobs $12.694.534.61 Choose all that apply for which backup documentation is included ^ Permanent employees will be permanently laid off (Chapter 2303.406(a)(4)(A)) ^ Business will permanently close down (Chapter 2303.406(a)(4)(B)) ^ Business will relocate out of Texas (Chapter 2303.406(a)(4)(C)) ® Business is able to employ individuals in accordance with Section 2303.402 (Chapter 2303.406(a)(4)(D)) ^ Business facility has been legitimately destroyed or impaired due to fire, flood, tornado, hurricane, or any other natural disaster (Chapter 2303.406(a)(4)(E)) I have reviewed the request for the retained job benefit under the Texas Enterprise Zone Program, and verify that It meets the criteria outlined above, as required by statute. The backup documentation has been placed under Tab 14 of this application. Signature Date (Governing Body Liaison) Printed Name Colleen Russell Title Director of Planning Rev.9.1.09 (Texas Enterprise Zone Program) Tab 1, Page 15 TE s W,o. o..w ~o..~.~K.„