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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 Resolution R20-467 Page I of 7 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. 1 Resolution R20-467 Page 2 of 7 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 Resolution R20-467 Page, 3 of 7 310 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. Resolution R20-467 Page 4 of 7 311 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 Resolution R20-467 Page 5 of 7 312 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. Resolution R20-467 Page 6 of 7 313 I 1 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. Resolution R20-467 Page 7 of 7