HomeMy WebLinkAboutResolution - 2011-R0469 - Adopt Revised Guidelines For Refund Of Building Permit Fees - 11_03_2011Resolution No. 2011-RO469
November 3, 2011
Item No. 5.5
RESOLUTION
WHEREAS, the City previously approved Guidelines for Refund of Building Permit
Fees for Businesses Located in Designated Enterprise Zones in the City of Lubbock as one of
the incentives for the Enterprise Zone Program; and
WHEREAS, the City of Lubbock desires to revise these guidelines at this time; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby adopts the revised Guidelines for
Refund of Building Permit Fees for Businesses Located in Designated Enterprise Zones in the
City of Lubbock. Said revised guidelines are attached as Exhibit "A" and are made a part of
this resolution for all intents and purposes.
Passed by the City Council on November 3 , 2011.
TOM MARTIN, MAYOR
ATTEST:
Rebe ca Garza, City Secreta�)
APPROVED AS TO CONTENT:
1, A4%1ewV4-1
Andy Burcham, Chief Financial Officer
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
Lc: City Act/ Linda/ Res -Revised Guidelines for Refund Building Fees
October 18, 2011
Resolution No. 2011—RO469
"Exhibit A"
City of Lubbock, TX
Guidelines and Criteria Governing
Refund of Building Permit Fees for Eligible Businesses
Located in Designated Enterprise Zones
The City of Lubbock is committed to the promotion of high quality commercial and industrial development
in designated Enterprise Zones within the City, and to an ongoing improvement in the quality of life for
citizens residing in designated Enterprise Zones. The City recognizes that these objectives are generally
served by enhancement and expansion of the local economy. The City may, at its sole discretion, refund
all, or a portion of, building permit fees paid by businesses that locate within a designated enterprise zone.
Nothing contained herein shall imply, suggest, or be understood to mean that the City is under any
obligation to refund building permit fees to any specific applicant. With the above rights reserved, all
applicants for refund of building permit fees will be considered on a case -by -case basis.
To qualify for the refund the business must contact the City of Lubbock Finance Department prior to the
start of project construction to discuss the availability of the incentive for the project. The refund will not
exceed the amount of the fee originally paid by the business for the building permit fee for construction or
renovation of business facilities within a designated enterprise zone.
Definitions:
A. Building Permit Fees — those fees paid to the City of Lubbock to obtain a building permit to
construct or renovate facilities located in a designated enterprise zone.
B. Commercial: Retail, service, office.
C. Economically Disadvantaged — An individual who:
(1) was unemployed for at least 3 months before obtaining employment with a qualified
business; or
(2) received public assistance benefits, such as welfare or food stamp payments, or a member
of an employee's immediate family receiving Supplemental Security Income or Aid to
Families with Dependent Children payments; or
(3) has a physical or mental disability; or
(4) is homeless; or
(5) is a foster child; or
(6) is on parole or entering the workplace after being confined in a unit or correctional
facility of the institution division of the Texas Department of Criminal Justice or the
Texas Youth Commission; or
(7) is an individual whose total family income meets the low income or moderate income
limits developed under Section 8, United States Housing Act of 1937. Includes all
income by employee, spouse, all dependents, and family members living with employee
as of the employment date.
D. Industrial: Manufacturing, Wholesale/Distribution, Medical Services (NAICS code 622), or other
Basic Industry.
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E. New Permanent Job — A new employment position created over and above the company's current
baseline that provides a qualified employee of a qualified business with employment of at least
2,080 hours of work annually.
Qualified Business — A person, including a corporation or other entity that the governing body
certifies to have met the following criteria:
(1) the person is engaged in or has provided substantial commitment to initiate the active
conduct of trade or business in the zone; and
(2) at least 25% of the businesses new employees in the zone are residents of any zone within
the governing body's or bodies' jurisdiction or economically disadvantaged individuals;
and
(3) a franchise or subsidiary of a new or existing business may be certified by the governing
body of an enterprise zone as a qualified business if the franchise or subsidiary is located
entirely in the zone and maintains separate books and records of the business activity
conducted in the zone.
E. Qualified Employee — An employee who works for a qualified business and who performs at least
50%of his service for the business within the enterprise zone.
Eligibility Criteria:
A. The business applying for refund must be located in a designated enterprise zone in the City of
Lubbock. The incentive is not available for property located in the Tax Increment Reinvestment
Zones.
B. The business must contact the City of Lubbock Finance Department prior to beginning
construction and discuss the availability of the incentive for the project in order to be eligible to
apply for this incentive.
C. Building permit fees to be refunded must have been paid for construction or renovation of
commercial or industrial facilities within a designated enterprise zone.
D. The business applying must be commercial or industrial as described in the Definitions above.
E. The business applying for this refund is a qualified business and will create and retain twenty (20)
new permanent jobs for at least one year.
F. The business will add at least two million dollars ($2,000,000) in real estate assessed valuation.
G. The business must file an application with the Finance Department for the refund of fees which
must contain the following information:
1. Name and address of the business;
2. Name and contact address of the owner/manager making application (including
documentation on signatory authority for the business);
3. Telephone number, fax number, and email address;
4. The date of the start of the operation in a designated enterprise zone;
5. The date that the business contacted the City of Lubbock Finance Department about this
incentive (Documentation from City of Lubbock Finance Department confirming
authorization to apply for the refund);
6. Employment information, including:
❑ Total number of employees,
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❑ Number of employees that are zone residents,
❑ Documentation such as names, address, and zip codes, and
e Copy of State Employment report filed with the Texas Workforce Commission quarterly,
most current quarter;
7, Amount of investment;
8. The date of building permit from the City of Lubbock; and
9. The date the business began operations in the Enterprise Zone.