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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. Building Permit Fee Refunds 10/27/11 Page 2 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, Building Permit Fee Refunds 10/27/11 Page 3 ❑ 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.