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SACHSE EDC OFFERS GRANT PROGRAM TO LOCAL
BUSINESSES
Sachse EDC
Local Business Grant
Guidelines
Basic Philosophy of
Program
The Sachse Economic
Development Corporation will provide Local Business Grants to qualified
Sachse businesses. Qualifying applicants may receive Grants to fund
projects that enhance property and provide visual improvements to the
exterior of their facilities. These projects may include landscaping,
painting, parking improvements, painting, signage, building of facades
and screening.
The Sachse Economic Development
Corporation will meet regularly to consider grant applications. The
SEDC will budget a limited amount of funding for the program. All
applications are considered on a first come, first served basis. The
SEDC Board of Directors will evaluate the program annually and the SEDC
Board of Directors may
terminate the program at anytime.
The Sachse Economic
Development Corporation Board of Directors will discuss and act upon
each application on a case-by-case basis. Grant amounts are considered
on a case-by-case basis. The Board of Directors reserves the right to
fund or not fund any project. Every project will require a written
contract outlining the considerations of the Grantor and Grantee.
Grant Range and
Geographic Area
General Beautification Grant
Generally, the Sachse Economic Development Corporation will match each
project dollar for dollar up to a maximum of Ten Thousand Dollars
($10,000.00).
Examples:
If
the total cost for completion of a qualified project is $7,200, the
Sachse Economic Development Corporation will pay $3,600 or half of the
cost of the project.
If
the total cost for completion of a project is $24,000, the Sachse
Economic Development Corporation contribution will be limited to
$10,000, the maximum amount the SEDC may expend on a project under the
program.
Signage Grant
Generally, the Sachse
Economic Development Corporation will pay up to $6,000 for the
replacement of an existing Pole Sign with an approved Monument Sign.
There is no fund matching requirement under this portion of the
program.
Examples:
If the total cost for completion
of a qualified project is $4,200, the Sachse Economic Development
Corporation will pay the entire $4,200 cost of the project.
However, if the total cost for completion of a qualified project is
$9,000, the Sachse Economic Development Corporation contribution will be
limited to $6,000, the maximum amount the SEDC may expend on a sign
project under the program.
Grant Limitations
Grants will be limited
to one project per location once every 5 years.
Applicants may apply for
both a General Beautification Grant and Signage Grant for the same
project but SEDC expenditures will not exceed Twelve Thousand Dollars
($12,000).
Locations with one owner
but multiple tenants will be considered as one location under this
program.
This program does not
prohibit the SEDC Board of Directors from undertaking other projects or
expending funds for other projects to attract, retain or expand business
in Sachse.
Areas of Interest
The Sachse Economic
Development Corporation seeks to improve the aesthetic appearance of our
business community. Examples of projects that the SEDC will consider
funding include but are not limited to:
·
Landscaping and Tree Planting
·
Paint,
brick and similar building improvements
·
Removal of
unsightly trash and debris
·
Screening
of certain land uses
·
Improved
parking and signage
Application Procedure
Each applicant is
required to complete an application form provided by the Sachse Economic
Development Corporation which will include the following information:
·
A general
description of the project
·
The
estimated cost of the project
·
The amount
of funding requested and description of the intended use of the funds
·
Timeline
for project completion
Applicants are
encouraged to supply supporting information such as photographs of the
property, contractor estimates and landscape or construction plans.
Fund disbursement:
Prior to receiving any funds for
an approved project, the applicant must sign an incentive contract with
the Sachse Economic Development Corporation, which contains the terms
and conditions for the use of the funds. The Sachse Economic
Development Corporation will inspect the project following completion.
Successful applicants will be required to provide copies of all
invoices, receipts and other evidence of the projects costs incurred by
the applicant prior to the disbursement of funds.
Applications may be
submitted by mail, email, fax, or delivered in person:
Mailing Address
SEDC
5560 Highway 78
Sachse, Texas 75048
Office
5001 Ben Davis
972-675-0562 phone
972-530-4987 fax
Click here to download an EDC Grant Application.
CITY OF SACHSE GUIDELINES AND
CRITERIA FOR
THE ECONOMIC DEVELOPMENT INCENTIVES PROGRAM
Tax
Abatement and Reinvestment Zone Application (PDF Format)
Section 1 PURPOSE
(a) The City of Sachse is committed to the promotion and
retention of high quality development within the City of Sachse and to
better the quality of life for its citizens. These objectives can often be
attained by the enhancement and expansion of the local economy. To meet
these objectives, the City of Sachse will, on a case-by-case basis,
consider providing tax abatements or other economic development incentives
to aid in the stimulation of economic development in Sachse. The City of
Sachse will give said consideration in accordance with this Guidelines and
Criteria document. Nothing herein shall imply or suggest that the City of
Sachse is under any obligation to provide tax abatements or incentives to
any applicant. All applicants shall be considered on a case-by-case basis.
(b) Participation in an abatement or incentive agreement
does not remove any obligation to satisfy all codes and ordinances issued
by the City or any affected taxing jurisdiction that may be in effect and
applicable at the time this project is implemented.
Section 2 DEFINITIONS
(a) "Abatement" means the full or partial
exemption from ad valorem taxes of certain eligible property in a
Reinvestment Zone designated for economic development purposes.
"Agreement" means a contractual agreement
between a property owner and/or lessee and an eligible jurisdiction for
the purposes of tax abatement and/or economic development
incentives."
(b) "Base Year Value" means the appraised
value of the unimproved property as certified by the Appraisal District as
of January 1 of the year in which the tax abatement agreement is
executed."
(c) "City" means the City of Sachse, Texas.
(d) "Economic Life" means the number of years
a property improvement or tangible
personal property is expected to be in service."
(e) "Eligible Jurisdiction" means the City of
Sachse, the Garland Independent School District, the Wylie Independent
School District, Collin County, Dallas County, or other special taxing
districts that levy ad valorem taxes upon and provide services to property
located within a proposed or existing reinvestment zone.
(f) "Expansion" means the addition or
enlargement of buildings, structures, fixed machinery, or equipment for
purposes of increasing production capacity.
(g) "Facility" means property improvements
completed or in the process of construction which together comprise an
integral whole.
(h) "Improvement" means a building or
structure or expansion or modernization of a building or structure.
(i) "Manufacturing Facility" means buildings
and structures including machinery and equipment, the primary purpose of
which is or will be the manufacture of tangible goods or material or the
processing of such goods or materials by physical or chemical change,
including the assembly of goods and materials from multiple sources in
order to create a finished or semi-finished product.
(j) "Modernization" means the replacement and
upgrading of existing facilities which increases the productivity input
or output, updates the technology or substantially lowers the unit cost
of the operation. Modernization may result from the construction,
alteration, or installation of buildings, structures, fixed machinery or
equipment. It shall not be for the purpose of reconditioning,
refurbishing, or repairing except as may be integral to or in direct
connection with an existing expansion.
(k) "New Facility" means a property previously
undeveloped that is placed into service by means other than or in
conjunction with expansion or modernization.
(l) "Other Basic Industry" means buildings or
structures including fixed machinery and equipment not elsewhere describe.
Futhermore, "other basic industries" are any industries,
businesses or developments that the City Council deams appropriate and
that are used for the production of products or services which result in
the creation of new permanent jobs and create new wealth in the City.
(m) "Project" means any property improvement
including expansions, modernization, and new facilities; but excluding any
deferred maintenance.
(n) "Regional Distribution Center Facility"
means buildings and structures, including machinery and equipment, used
primarily to receive, store, service, or distribute goods or materials
owned by the facility operator where a majority of the revenues generated
by activity at the facility are derived from outside Dallas County.
(o) "Regional Entertainment/Tourism Facility"
means buildings and structures, including machinery and equipment, used or
to be used to provide entertainment and/or tourism related services, from
which a majority of revenues generated by activity at the facility are
derived from outside Sachse.
(p) "Retail Facility" means buildings and
structures including fixed machinery and equipment, used or to be used to
provide retail sales and services.
(q) "Regional Service Facility" means
buildings and structures, including machinery and equipment, used or to be
used to provide services from which a majority of revenues generated by
activity at the facility are derived from outside of Sachse.
(r) "Reinvestment Zone" means any area of the
City that has been designated a reinvestment zone for tax abatement
purposes and which is located within the taxing jurisdiction of the City.
It is the intent of the City to designate reinvestment zones on a
case-by-case basis in order to maximize the potential incentives for
eligible enterprises to locate or expand in the City.
(s) "Research Facility" means buildings and
structures including fixed machinery and equipment, used or to be used
primarily for research or experimentation to improve or develop new
tangible goods or materials or to improve or develop the production
processes thereto.
(t) "Tangible Personal Property" means
personal property owned or leased by the applicant, excluding supplies and
inventory which is added to the land after the execution of a tax
abatement agreement."
SECTION 3 ABATEMENT AUTHORIZED
(a) Authorized Facility. A facility may be eligible for
abatement if it is a:
· Retail Facility,
· Manufacturing Facility,
· Research Facility,
· Regional Distribution Center Facility,
· Regional Service Facility,
· Regional Entertainment/Tourism Facility, or
· Other Basic Industry.
(b) Authorized Date. A facility shall be eligible for
tax abatement if it has applied for such abatement prior to the
commencement of construction, provided that such facility meets the
criteria granting tax abatement in reinvestment zones created in the City
of Sachse pursuant to the guidelines and criteria adopted by the City
Council.
(c) Creation of New Value. Abatement may only be granted
for the additional value of eligible property improvements made subsequent
to and listed in an abatement agreement between the City of Sachse and the
property owner and/or lessee, subject to such limitations as the City
Council may require.
(d) New and Existing Facilities. Abatement may be
granted to new facilities and improvements to existing facilities for
purposes of modernization and expansion.
(e) Eligible Property. Abatement may be extended to the
value of buildings, structures, fixed machinery and equipment, site
improvements plus that office space and related fixed improvements
necessary to the operation and administration of the facility.
(f) Ineligible Property. The following classes of
property shall be fully taxable and ineligible for abatement: land,
inventories, supplies, furnishings or other forms of moveable personal
property, vehicles, deferred maintenance investments, residential
property, property that is associated with any activity that is illegal
under federal, state, or local law, property owned or used by the State of
Texas or its political subdivisions, or property owned by an organization
which is owned, operated or directed by a political subdivision of the
State of Texas.
(g) Leased Facilities. If an authorized facility
eligible for tax abatement is leased, the agreement shall be executed with
both the lessor and the lessee.
(h) Value and Term of Abatement. Abatement shall be
granted commencing with January 1 of the calendar year immediately
following the issuance of a certificate of occupancy unless otherwise
provided in the Agreement. The amount of value or percentage of value and
the term of abatement on new eligible property shall be determined as
follows:
(1) The value of the abatement shall not exceed 700
percent of investment by the business in eligible property described in
Section 3(e), above, or such other value as permitted by law. The City
Manager, or their designated representative, shall work with the
applicant, prior to the execution of an abatement agreement, to determine
the exact schedule for the abatement.
(2) Under no circumstances shall the value of abatement
exceed 100 percent of the value of eligible property in a single year, and
the duration of an abatement agreement shall not exceed 10 years or
one-half (1/2) the economic life of the property, whichever is less.
(i) Economic Qualification. In order to be eligible to
receive tax abatement the applicant must meet the following
qualifications:
(1) For a new facility (with the exception of a retail
or regional entertainment/tourism facility), be reasonably expected to
invest not less than two million dollars ($2,000,000) in the facility
(including both eligible and ineligible property) within three years from
the commencement of construction and be expected to create employment for
not less than 10 persons associated with the production of goods and
services at the authorized facility on a full-time permanent basis in the
City of Sachse.
(2) For an expanded or modernized facility, be
reasonably expected to invest not less than three hundred fifty thousand
dollars ($350,000) in the facility (including both eligible and ineligible
property) within three years from the commencement of construction and be
expected to create or retain employment for not less than 10 persons
associated with the production of goods and services at the authorized
facility on a full-time permanent basis in the City of Sachse.
(3) For retail and regional entertainment/tourism
facilities, be reasonably expected to invest not less than seven hundred
fifty dollars ($750,000) in the facility (including both eligible and
ineligible property) within three years from the commencement of
construction and be expected to create employment for not less than 5
persons associated with the production of goods and services at the
authorized facility on a full-time permanent basis in the City of Sachse.
(4) Two or more part-time, permanent employees totaling
an average of not less than 40 hours per week may be considered as one
full-time, permanent employee.
(5) Companies seeking to qualify for tax abatement on
the basis of job retention shall document that without the creation of a
reinvestment zone and/or tax abatement, the company will either reduce or
cease operation.
(6) Not be expected to solely and primarily have the
effect of transferring employment from one part of the City of Sachse to
another.
(j) Taxability. From the execution of the abatement
agreement to the end of the agreement period, taxes shall be payable as
follows:
(1) The value of ineligible property as provided in
Section 3(f), above, shall be fully taxable,
(2) The base year value of existing eligible property as
determined each year shall be fully taxable, and
(3) The additional value of new eligible property shall
be taxable in the manner described in Section 3(h), above.
(k) Conflict of Interest: Property that is in a
reinvestment zone and that is owned or leased by a member of the City
Council of the City of Sachse or the Planning and Zoning Commission of the
City of Sachse shall be ineligible for property tax abatement pursuant to
Section 312.204(d) of the Texas Tax Code. Members of the Sachse Economic
Development Corporation Board of Directors are also ineligible for
property tax abatements under this policy.
Section 4 APPLICATION
(a) Any present or potential property owner of taxable
property in Sachse may request the creation of a reinvestment zone and tax
abatement by filing a written request with the City Manager or his/her
designated representative.
(b) The application shall consist of a completed
application form accompanied by the following:
(1) A general written description of the proposed use
and the general nature and extent of the modernization, expansion, or new
improvements to be undertaken,
(2) A descriptive list of the improvements that will be
part of the facility,
(3) A map and property description,
(4) A time schedule for undertaking and completing the
planned improvements,
(5) Such financial and other information as deemed
appropriate by the City Manager for purposes of evaluating the
application.
(6) The name, address and phone number of the owner of
the real property, the contemplated improvements, any tangible personal
property to be added and any lessee, if applicable, and the type of legal
entity if other than an individual."
(c) Upon receipt of a completed application, the City
Manager shall notify, in writing, the presiding officer of the governing
body of each affected jurisdiction. Before acting upon the application,
the City Council shall, through public hearing, afford the applicant and
the general public opportunity to show cause why the abatement should or
should not be granted. Notice of the public hearing shall be clearly
identified on a City Council Agenda to be posted in accordance with the
Texas Property Redevelopment and Tax Abatement Act and the Texas Open
Meetings Act.
(d) After receipt of an application for creation of a
reinvestment zone and application for tax abatement, the Sachse Economic
Development Corporation and the City of Sachse, shall prepare a
feasibility study setting out the impact of the proposed reinvestment zone
and tax abatement. The feasibility study shall include, but not be limited
to, an estimate of the economic effect of the creation of the zone and the
abatement of taxes and the cost/benefit to the City and other affected
jurisdictions. The Sachse Economic Development Corporation will then make
a formal recommendation to the City of Sachse City Council.
(e) A request for a reinvestment zone for the purpose of
tax abatement shall not be granted if the City Council finds that the
request for abatement was filed after the commencement of construction,
alteration, or installation of improvements related to a proposed
expansion, modernization, or new facility authorized as eligible under
these guidelines.
(f) Variance. Request for variance from provisions of
these guidelines may be made in written form to the City Manager, or
his/her designated representative. Such request shall include a complete
description of the circumstances explaining why the applicant should be
granted a variance. The approval of a request for a variance to any of the
Guidelines and Criteria set forth herein shall require a majority vote of
the City Council and shall be reflected in the tax abatement approved
thereby.
Section 5 PUBLIC HEARING
(a) Should any affected jurisdiction be able to show
cause in the public hearing why the grant of abatement will have a
substantial adverse affect on its bonds, tax revenue, service capacity, or
the provision of services, that showing shall be reason for the City to
deny any designation of the reinvestment zone, the grant of abatement, or
both.
(b) Neither a reinvestment zone nor an abatement
agreement shall be authorized if it is determined that:
(1) There would be a substantial adverse effect on the
provision of government services or tax base,
(2) The applicant has insufficient financial capacity,
(3) Planned or potential use of the property would
constitute a hazard to public safety, health or morals, or
(4) Planned or potential use of the property violates
other codes or laws.
Section 6
AGREEMENT
(a) After approval, the City shall formally pass a
resolution and execute an agreement with the owner of the facility and/or
lessee, which shall include the following:
(1) Estimated value to be abated and the base year
value,
(2) Percent of value to be abated each year as provided
for in Section 3(h), above,
(3) The commencement and termination dates of the
abatement,
(4) The proposed use of the facility, nature of the
construction, time schedule for construction and commencement of
operations, map, property description, and improvements as listed in the
application under Section 4(b), above.
(5) Contractual obligations in the event of default,
violation of terms and conditions, delinquent taxes, recapture,
administration and assignment as provided for in Section 3(a), 3(g), 3(h),
7, 8, and 9 or other provisions that may be required for uniformity or by
state law, and
(6) Amount of investment in, and average number of jobs
associated with, the facility during the abatement period.
(b) Such agreement shall normally be executed within 60
days after the applicant has forwarded all necessary information and
documentation for evaluation of the application to the City.
Section 7 RECAPTURE
(a) Should the City determine that the company or individual is in default
according to the terms and conditions of the abatement agreement, the City
shall notify the company or individual, in writing, at the address stated
in the agreement, and if such non-compliance is not resolved within sixty
(60) days from the date of such notice, then the agreement shall be
terminated.
(b) In the event that the company or individual:
(1) Allows its ad valorem taxes owed the City or other
affected jurisdiction to become delinquent and fails to timely and
properly follow the legal procedures for their protest and/or contest, or
(2) Violates any of the terms and conditions of the
abatement agreement and fails to resolve such violations within sixty (60)
days from the date of written notice of such violations.
the agreement then may be terminated and all taxes
previously abated by virtue of the agreement will be recaptured and paid
within sixty (60) days of the termination.
Section 8 ADMINISTRATION
(a) The Chief Appraiser of the appraisal district in
which the eligible property is located shall, determine the appraised
value of the real and tangible personal property located in the
reinvestment zone. Each year, the company or individual receiving the tax
abatement shall furnish the City and the Chief Appraiser with such
information as may be necessary to determine the eligibility and
continuation of abatement including the number of new and/or retained
employees associated with the facility."
(b) The agreement shall stipulate that employees and/or
designated representatives of the City will have access to the
reinvestment zone during the term of the abatement agreement to inspect
the facility to determine if the company or individual is in compliance
with the terms and conditions of the abatement agreement. All inspections
will be made only after notification of not less than twenty four (24)
hours and will only be conducted in such a manner as not to unreasonably
interfere with the construction and/or operation of the facility. All
inspections will be made with one or more representatives of the company
or individual present and in accordance with the company's safety
standards.
(c) Upon completion of construction, the City shall
annually evaluate each facility receiving abatement to ensure compliance
with the agreement and report possible violations to the City Council and
City Attorney.
(d) All proprietary information required by the City for
purposes of monitoring compliance by a company with the terms and
conditions of an abatement agreement shall be considered confidential as
allowed by law.
Section 9 ASSIGNMENT
(a) Abatement may be transferred and assigned by the
holder to a new owner or lessee of the same facility upon the approval by
resolution of the City Council subject to the financial capacity of the
assignee and provided that all conditions and obligations in the abatement
agreement are guaranteed by the execution of a new contractual agreement
with the City of Sachse.
(b) The expiration date of the new contractual agreement
shall not exceed the termination date of the abatement agreement with the
original owner and/or lessee.
(c) No assignment or transfer shall be approved if the
parties to the existing agreement, or the new owner or new lessee are
liable to the City of Sachse or any affected taxing jurisdiction for
outstanding taxes or other obligations.
Section 10 OTHER ECONOMIC DEVELOPMENT INCENTIVES
(a) Economic Development Incentives. The City by
resolution may enter into an economic development incentive agreement as
permitted by Chapter 380.001 of the Texas Local Government Code. An
incentive may include but is not limited to:
(1) Loans and Grants. The City may provide subsidized
loans or grants upon approval of the City Council.
(2) Provide Personnel. The City may provide personnel
and services of the municipality upon approval of the City Council.
(3) Waiver of Fees. Permit application, utility tap,
impact fees and similar fees may be waived upon approval of the City
Council.
(4) Infrastructure. Extension, construction or
reconstruction of infrastructure necessary for the development of a
targeted enterprise may be made upon approval of the City Council.
(b) Any agreement will include, but not be limited to,
the following specific items:
(1) All appropriate stipulations included in the
application, as outlined by the document, for an economic development
incentive agreement,
(2) The amount and type of incentive,
(3) A method for determining the qualifications of
meeting the criteria and applicant's promise to meet and maintain these
qualifications over the term of the agreement. This may require the
submission of an annual report to the City Manager demonstrating that the
terms and conditions required to receive an incentive have been met, and
the City will be allowed, upon written request and reasonable notice, to
inspect and audit such records of the applicant as are necessary to
substantiate that the applicant is meeting the criteria agreed upon during
the term of the incentive,
(4) A provision for recapturing City expenditures and/or
cost of labor associated with the agreement, in the event the company or
individual is found to be in default according to the terms and conditions
of the incentive agreement.
(5) All proprietary information required by the City for
purposes of monitoring compliance by a company with the terms and
conditions of an incentive agreement shall be considered confidential.
Section 11 SEVER ABILITY AND LIMITATION
In the event that any section, clause, sentence,
paragraph, or any part of these Guidelines and Criteria shall, for any
reason, be adjudged by any court of competent jurisdiction to be invalid
such invalidity shall not affect, impair, or invalidate the remainder of
these Guidelines and Criteria. |