| (a) An application must be filed in the format provided
(letter size) and must contain all information and documentation required
under the Act and this chapter, as applicable. Each application for
enterprise project designation must be typed directly on the form
provided by the Bank.
(b) The application must be submitted hole-punched
in a three-ring loose-leaf binder with the application form located
behind Tab 1, and must include all applicable attachments hole-punched
and placed behind the appropriate Tab sections as specified in the
application. An application that is submitted with four or more material
deficiencies will be declined as incomplete. Material deficiencies
are items such as the governing body application certification with
an original signature, the qualified business application certification
with original signatures, or any other required tabbed item.
(c) The applicant shall file with the Bank one original
application for designation as an enterprise project. All applications
for enterprise project designation must be received by the Office
no earlier than one week before, and no later than 5:00 p.m. Central
Standard Time, on the first business day of the following months:
September, December, March and June. Further, all applications include
a non-refundable application fee in the form of a certified check
or money order made payable to the Office of the Governor. The application
is not considered to be received unless it is received at the physical
location of the Office with the non-refundable application fee submitted
under separate cover to Office of the Governor, Economic Development
and Tourism, Texas Economic Development Bank, Attn: Texas Enterprise
Zone Program, Post Office Box 12828, Austin, Texas 78711. The application
fee must clearly show the name of the nominating jurisdiction, as
well as the name of the qualified business. Both the application and
the application fee must be received by the application deadline.
Applications received after a deadline will be returned to the applicant,
and must be resubmitted to the Bank in the prescribed timeframe to
be considered for designation during the next application deadline.
(d) Applications received during a quarterly round
will be reviewed and scored by the Bank in accordance with the Act,
this chapter and the goals of the program.
(e) The application for designation of an enterprise
project must contain the following information and documentation,
as applicable:
(1) The participants. The application must contain
the name, street address, mailing address, telephone number, fax number
and electronic mail address for each of the following involved in
the designation of a qualified business as an enterprise project:
(A) the applicant governing body and the applicant
governing body's liaison; and
(B) the qualified business, the primary business's
representative and the local business liaison. The local business
liaison must be located at the qualified business site.
(2) The applicant. The application must contain the
following information and documentation concerning the applicant:
(A) a statement signed by the governing body liaison
certifying that the contents of the application are true and correct
to the best information and belief of the liaison, and that he or
she has read the Act and this chapter and is familiar with the provisions
thereof;
(B) a certified copy of the nominating ordinance or
order under §176.2(1) of this title (relating to Participation
in the Program), or if an ordinance or order has already been passed
nominating a project for designation, a certified copy of a resolution
from the applicant governing body nominating the qualified business
for designation as an enterprise project and containing:
(i) nomination of the project or activity as an enterprise
project;
(ii) a statement as to whether the project or activity
is located in an area designated as an enterprise zone, and, if applicable,
that the project is located in an area that is also designated as
a defense base development authority established under Chapter 379B,
Local Government Code, a federal empowerment zone, a federal enterprise
community, or a renewal community;
(iii) reference by number to the nominating ordinance
or order indicating participation in the program, with a statement
that the local incentives described in the previously issued ordinance
or order electing to participate in the enterprise zone program are
the same as those made available to the project or activity;
(iv) the active designation period of the project;
and
(v) if the project or activity is nominated as a double
jumbo enterprise project or a triple jumbo enterprise project, a statement
that the designation will count as two or three designations, respectively,
against the total number of designations allowed, as applicable.
(C) the block group of the primary business address
of the qualified business site, verifiable by the local appraisal
district;
(D) the poverty rate for the block group of the primary
business address of the qualified business site, or the poverty rate
of the distressed county in which the qualified business site is located;
(E) an official census map, which clearly identifies
the location of the proposed project and the census area where it
is located;
(F) a description of the municipality's or county's
procedures and efforts to facilitate and encourage participation by
and negotiation between all affected entities in the jurisdiction
in which the qualified business is located including a description
of the business activity that has occurred in the area within the
last year. This description must demonstrate the cooperation among
the public and private sectors;
(G) a description of the local effort made by the municipality
or county and other affected entities to achieve development and revitalization
of the area as described in the Act, §2303.405(c). This includes
a brief historical description of the trade and business conducted
in the area.
(3) The project. The application must contain the following
information and documentation concerning the proposed project:
(A) a statement signed by the primary business representative
and the local business liaison certifying that the contents of the
application are true and correct to their best information and belief,
and that they have read the Act and this chapter and are familiar
with the provisions thereof;
(B) a description and introduction of the business
applying for the project designation, which includes:
(i) a copy of the articles of incorporation, or the
dba statement under which the business operates, filed with the Secretary
of State of the State of Texas. The name under which the business
is applying for designation must be the same as the business paying
state taxes and creating and/or retaining jobs to obtain program benefits;
(ii) the principal owners and history of the business;
(iii) a resolution for corporations or a certificate
of authority that provides signatory authority to a person or persons
to submit the enterprise project application and sign any contracts
or forms on behalf of the business for the enterprise project;
(iv) the number of business locations, total sales,
and number of employees in the State of Texas, the United States,
and outside the United States;
(v) the federal tax identification number, and/or the
Texas Comptroller tax identification number, as applicable, for all
participating entities of a controlled group;
(vi) a description of the business' products and services,
including NAICS code;
(vii) a description of the business' export history,
if applicable; and
(viii) an organizational chart that indicates the business
structure, as well as the role of each entity participating in the
project;
(C) the plans of the business for expansion, revitalization,
and other activity at the qualified business site for the designation
period of the project including:
(i) a description of the project location and intended
use;
(ii) a summary of short and long-term plans for expansion
at the qualified business site;
(iii) the amount of capital investment to be made at
the qualified business site during the designation period;
(iv) the status of any required local, state or federal
permits or licenses that must be obtained to enable the project to
be initiated and completed as represented in the enterprise project
application;
(v) a tabular summary of the current number of full-time,
part-time and seasonal jobs which includes the titles and/or Standard
Occupational Classification by six-digit code and salary ranges of
jobs to be maintained at the qualified business site. Full-time positions
will be used for baseline information;
Cont'd... |
