HomeMy WebLinkAboutR20-467307
RESOLUTION NO. R20-467
RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS.ESTABLISHING
AND PROVIDING FOR THE ADMINISTRATION OF ECONOMIC
.DEVELOPMENT PROGRAM .FOR THE PLAINVIEW-HALE COUNTY
BUSINESS PARK IN ORDER TO PROMOTE LOCAL ECONOMIC
DEVELOPMENT AND STIMULATE BUSINESS AND 'COMMERCIAL
ACTIVITY PURSUANT TO TEXAS: LOCAL. GOVERNMENT CODE
CHAPTER 380; AUTHORIZING THE PLAINVIEW-HALE COUNTY
BUSINESS PARK COMMITTEE TO ADMINISTER THE PROGRAM.
WHEREAS, the City Council for the City of Plainview, Texas pursuant to the constitution
and laws of the State of Texas including, but not limited .to, Article 11,Section 5 and Article 3,
Section 52-a of the Texas Constitution as a home rule city and the applicable provisions of Chapter
380 of the Texas Local Government Code -to establish and provide for the administration of one
or more programs, including programs for making loans and grants of public money and providing
personnel and services of the municipality, to promote state or local economic development -and
to stimulate business and commercial activity in .the City; and:
WHEREAS,. the City of 'Plainview ("City"), Hale County ("County"): and the Plainview
Hale County Economic Development Corporation ("PCHEDC") jointly created the
Plainview/Hale County. Business Park (the "Business Park") which is a 140-acre industrial park
zoned for industrial and commercial use for the purpose of encouraging new economic
development in the Hale County and Plainview area; and
WHEREAS,. in order to maximize the economic development benefit of the Business Park,
the City, in :conjunction with :the County, and PCHEDC desire to establish an economic
development program consistent with the provisions of Texas. Local Government Code Chapter
380; in order to make grants or loans of public money and provide personnel and services of the
City for public purposes that promote economic development and stimulate businesses 'and
commercial activity in the City of Plainview and Hale County; and
WHEREAS,, in order to ensure that the loans and grants of public funds and the .use of
City personnel and services are utilized in a manner consistent with Article III, Chapter 52-a, of
the Texas Constitution:and-Chapter 380 of the Texas Local Government Code, the City Council
finds it necessary to set forth a program with minimum requirements, preferred investment criteria
and appropriate safeguards; and
WHEREAS, the Plainview -Hale County Economic Development Corporation has
requested the City and the County: establish such requirements, investment criteria and safeguards
for the .Business Park that the PCHEDC may utilize for prospective business prospects; and
WHEREAS,. this approach is consistent with the strategy outlined in the Plainview -Hale
County Economic Development :Strategic Plan and as recommended by the PCHEDC economic
. development consultant; and
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WHEREAS, in the event the PHCBPC recommends to the City Council extending
incentives to a business prospect that meets the criteria established in this program and the City
Council elects to extend incentives to such business applicant, the terms and, conditions thereof
shall be reduced to writing in the form of an economic development incentive contract or
performance agreement to be executed by the City and an authorized representative of the business
applicant; and
WHEREAS, the City shall be under no obligation to extend or provide .economic
incentives to any business applicant, the decision to extend or provide economic incentives being
within the sole and absolute discretion of the City Council of the City to be determined on the basis
of the merit of each applicant and its proposal; and
WHEREAS, the City Council of the City of Plainview finds that it is in the best interest
of the public and to promote new or expanded business development in the. Business Park to
approve this policy and' program pursuant to Chapter 380 of the Texas Local Government Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, THAT:
1. The findings and recitals outlined above are found to be true and correct and are hereby
adopted and approved.
2. The City of Plainview, consistent with Article III, Chapter 52-a of the Texas Constitution
and pursuant to Texas Local Government Code § 380.001, hereby adopts the attached
Plainview/Hale County Business Park Economic Development Program for making loans and
grants of public money and providing personnel and services of the City in order promote state or
local economic development and to stimulate business and commercial activity in the Business
Park.
3. The City Manager, on behalf of the City of Plainview and subject to final approval of the
City Council pursuant to an economic development incentive contract or performance agreement,
is authorized to:
(i) negotiate basic economic development incentives with a prospective business
applicant such incentives to..include.making loans; grants of public. money through
rebates, grands of land and providing personnel and services of the City;
(ii) assist the PHCBPC in the administration of the attached Program; and
(iii). act as the City's representative and primary contact in overseeing the. Program's
implementation.
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Resolution R20-467
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Passed by the City Council this I Ph day of February, 2020.
Wendall. Dunlap,
.. , Mayor
ATTEST:
Beli-pda Hipejosa, CitySe- rdi4ry
APPROVED AS TO CONTENT:
Jeffrey
ity Manager
APPROVED AS TO FORM:
Ma hew L. Wade, City Attorney
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PLAINVIEW — HALE COUNTY BUSINESS PARK
ECONOMIC DEVELOPMENT PROGRAM
Purpose and Name
(a) Name.. The name of .this economic development program shall be the Plainview —
Hale County Business Park Economic Development Program. It may also be
referred to at times as the Program, the 380 Program or the- Business Park
Program.
(b) Purpose. This Program, as authorized by Article 3, Section 52-a of the Texas
Constitution. and. Chapter 380 of the. Texas Local -Government Code, is established
to outline the basic criteria for granting incentives to commercial, industrial and
manufacturing business, prospects desiring to locate in the Plainview — Hale County
Business. Park in order to promote .economic development and stimulate .business
and commercial activity in the City of Plainview and Hale County.
2. Administration
(a) Plainview/Hale. County Business Park Committee ("PHCBPC'.'):. The
Plainview/Hale-County Business Park Committee and the Executive Director of the
Plainview/Hale County Economic Development Corporation shall be primarily
responsible for the administration of this Program. Their duties .include the
following:
i. Identifying and recruiting potential business prospects for the Program;
ii. Negotiating essential. economic development agreements terms and
conditions with business prospects;
iii. Receiving and reviewing for eligibility all Program applications;
iv. Making recommendations regarding prospective business recipients
under the Program to the City Council of the. City of Plainview and the
Hale County Commissioners;
v. Making recommendations regarding amendments and alterations to the
Program to the City Council and.County Commissioners; -
vi. Monitoring compliance by Program: recipients and notifying the City
and County of noncompliance issues; and
vii. Keeping .City and County officials informedof all activities related to
the Program.
(b) City and County Representation. The City Manager and the County Judge, or their
respective designees shall assist the PHCBPC in administering and implementing
this Program. The City and County representatives shall have access to all
information relating to the administration of the Program and may assist the
PHCBPC in any of their duties outlined herein.
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3. Intent of Criteria and Program Guidelines
The intent of the Program criteria and guidelines, as set forth herein,_.is to establish the
standards which an applicant for -incentives:tinder the Program must meet in order- to be.
considered for such incentives. Nevertheless, when presented with unique,. extraordinary
and identifiable.economic development'opportunities that:do not meet the preferred criteria
outlined herein, on the affirmative vote of seventy-five percent of the total the PHCBPC;
the PHCBPC reserves the right to recommend to the City of Plainview and Hale County
governing bodies utilization of the incentives of this Program for a business. prospect.
4. Program Eligibility Criteria
(a). Preferred: Criteria.
i. Target. Industries
A. Manufacturing
B. Food Processing; or
C. 'Distribution/Warehousing.
ii. Jobs Created and Average Salary
A.:20 new jobs
Average :annual salary will be an importantcomponent for
determining eligibility.
iii. Minimum Capital Investment
A. $2.5 million at the Business Park.
(b) Application. Each prospective business prospect requesting incentives under the
Program must complete anapplication in a form approved by the PHCBPC 'that
includes,. at a minimum:
i. the full. and complete name and identifying information of the business
including the name and location of its registered agent, .if. applicable;
ii. details regarding how it meets the preferred criteria of the- Program;
iii. details regarding all new jobs being created including title and minimum
salary;
iv. building and infrastructure plans and specifications for the proposed
investment;
v: additional revenues created for the City from sales tax and property tax;
and
vi._ market Conditions and growth potential for the business activity.
(c) Each application will be evaluated on an individual basis .and the PHCBPC will
take into consideration other factors such as but not limited to the overall economic
impact the applicant will have in Hale County and the City of Plainview; if an
applicant exceeds the minimum, levels outlined in the preferredcriteria and by how
much, the average annual salary of the jobs- created; the type of jobs created; and
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any other factors which might positively affect economic development in the
Plainview/Hale-County area.
5. Incentives Offered
(a) General. Program incentives may be granted to any individual,. business,
corporation- or other business entity that meet the preferred criteria outlined
herein, will promote local economic development and stimulate business and
commercial activity in the City of Plainview through developing the Business Park.
The public benefit, economic development or amount of revenue realized by the
City. of Plainview and Hale County attributable to any project under this Program
must be commensurate with. value of any incentives granted under this Program.
(b) Primary Incentives.
i. Land Incentives. Through this Program, a successful business prospect
maybe granted title to the property in the Business Park as an economic
development incentive. The conveyance of the property shall be by
special warranty deed in aform approved by the.PACBPC, the City and
the County and may be contain special requirements and conditions.
I Grant/Rebate Incentives. Through this Program, a successful business
prospect may be granted funds or tax rebate incentives equal to
additional property or sales taxes realized by the City and County based
on the new business activity and capital investment at the Business Park.
The grants/rebates shall be provided on the following sliding scale
beginning on the anniversary of the first year of any economic
development agreement or performance agreement:
Year One
100%
Year Two
80%
Year Three
60%
Year Four
40%
Year Five
20%
(c) Additional Incentives. In addition to the primary incentives outlined above,
business prospects may :also be eligible for additional or alternative incentives
including tax abatements, loans and other types of grants of public money,
personnel and services of the Cityor waiver of certain fees.
6. Economic Development Agreements/Performance Agreements
(a) Required. Approval of any incentives provided for under the Program shall be
conditioned upon executing, completing and fulfilling all the terms and conditions
of an. economic development agreement or performance agreement. 'These
conditions may include, without limitation, completing and fulfilling the basis upon
which the incentives were considered, i.e. by creating new capital investment,
creating new jobs, etc..
(b) Form. The forms of the economic development _agreement .or performance
agreement shall be developed by the City Attorney or County Attorney.
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7. Approval Process
(a) PHCBPC. In addition to meeting the requirements outlined above-, all potential
applicants must first get :the approval of -the PHCBPC and their recommendation
for approval to the City Council and the County Commissioners.
(b) City Council and .County Commissioner Approval. Upon the recommendation of
the PHCBPC for approval all applications under the Program must be approved by
the City -Council of the City of Plainview and the Hale County -Commissioners.
Notwithstanding. anything herein to the contrary, the City Council and County
Commissioners, at their sole and absolute discretion, reserve the right to approve
or disapprove any applicant.
(c) Amendments/Alterations to the. Program/Conflicts. The City Council and County
reserve the right to; -in , their sole and absolute discretion; amend, modify or -
eliminate in its entirety the Plainview _ Hale County Business Park .Program.
Further, in .the event of a conflict between the terms outlined in this: Program and
the terms of an economic development agreement or. performance agreement
approved by the City Council and County Commissioners, the terms of the
economic development agreement or performance agreement shall control.
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