| (a) For a qualified business to be designated as a
readjustment project, the nominating body, after nominating the area
as a readjustment zone, must send to the Office a written application
for designation of the qualified business as a readjustment project
with the information specified in the Act, §2310.305.
(b) Documentation. An application for readjustment
project designation must contain the information and documentation
specified in the Act. If a readjustment project application is being
filed on behalf of a business to be located in an readjustment zone
that was nominated by more than one governing body, the information
must be included for each applicant governing body. In addition, the
application must contain the following information and documentation,
as applicable:
(1) the name, physical address, mailing address, and
telephone number for each of the following involved in the designation
of qualified businesses as readjustment projects, including:
(A) the applicant governing body, applicant governing
body's representative, and its designated readjustment zone liaison;
(B) the qualified business, qualified business's representative;
and
(C) if any, the administrative authority, the administrative
authority's representative.
(2) information and documentation concerning the applicant,
including:
(A) a statement signed by the qualified business and
a statement signed by the applicant governing body or bodies certifying
that the contents of the application are true and correct to the best
information and belief of the qualified business and that the qualified
business has read the Act and this chapter and is familiar with the
provisions thereof;
(B) a certified copy of a resolution from the applicant
governing body or bodies nominating the qualified business for designation
as a readjustment project and containing the findings required by
the Act, §2310.302;
(C) a complete description of the conditions in the
zone that constitute it as an adversely affected defense dependent
community under this Act, including:
(i) the tabular summary from the appropriate readjustment
zone application, or most recent readjustment zone amendment application,
that demonstrates the project is located in a readjustment zone; and
(ii) a city street map which clearly identifies the
readjustment zone area and the location of the proposed readjustment
project;
(D) a description of each municipality's or county's
procedures and efforts to facilitate and encourage participation by
and negotiation between all affected entities in the readjustment
zone in which the qualified business is located, including:
(i) any agreements made since the designation of the
readjustment zone between affected entities;
(ii) minutes of meetings or other written documents
that outline the means of establishing cooperation and communication
between any affected entities in the readjustment zone where the readjustment
project will be located and, if regular meetings are scheduled, when
the meetings are scheduled to occur;
(iii) a description of the business activity that has
occurred within the last year of designation of the readjustment zone
or within the last year prior to designation of the readjustment zone,
if the readjustment zone has been designated for less than one year.
This description must demonstrate the cooperation among the public
and private sectors and information on the number of jobs created
and retained and capital investment made as a result of the business
activity;
(E) a description of the local effort made by the municipality
or county, the administrative authority, if any, and other affected
entities to achieve development and revitalization of the readjustment
zone as described in the Act. This includes a brief historical description
of the trade and business conducted in the readjustment zone and a
brief historical description of the qualified business' activities
in other locations with respect to its location in the readjustment
zone;
(3) information and documentation concerning the proposed
project, including:
(A) a description and introduction of the business
applying for the readjustment project designation, which includes:
(i) a copy of the articles of incorporation filed with
the Secretary of State of the State of Texas or the d.b.a. statement
under which the business operates. 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 corporate resolution that provides signatory
authority to a person or persons to sign any contracts or forms on
behalf of the business for the readjustment project application;
(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; and
(v) a description of the business' products and services;
(B) the plans of the business for expansion, revitalization,
and other activity in the zone for the five-year 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
in the readjustment zone;
(iii) the amount of capital investment to be made in
the zone and the source of funding for the investment;
(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 defense readjustment
project application;
(v) a tabular summary of the classification titles
and salary ranges of full-time, part-time, and seasonal jobs to be
maintained, new jobs to be created, and jobs to be retained, if applying
for retained job benefits; and
(vi) the total projected annual payroll for the jobs
that are being considered for benefit; and
(C) commitments from the business that include:
(i) a completed form, to be provided by the Office,
certifying the business as a qualified business;
(ii) a statement that the business is located entirely
in the readjustment zone and that it will maintain separate payroll
and tax records of the business activity conducted in the readjustment
zone;
(iii) the percentage of new or additional employees
hired to occupy the jobs being claimed for benefit that are residents
of any zone within the governing body's or bodies' jurisdiction or
that are economically disadvantaged; and
(iv) a description of the efforts of the business to
develop and revitalize the defense readjustment zone as described
in the Act, §2310.305.
(c) A designated readjustment project may apply to
the Office for a name change. To receive Office approval for a name
change, the readjustment project must submit through the applicant
governing body or bodies:
(1) a written explanation by the designee of the reasons
for the name change, the date the name change occurred, and any changes
to the commitments made by the business in the original readjustment
project application, if applicable;
(2) a copy of the certificate of amendment to the articles
of incorporation and the amended articles of incorporation filed with
the secretary of state of the State of Texas or the d.b.a. statement
under which the business operates, if applicable; and
(3) written acknowledgment from the applicant governing
body or bodies that it is aware of the name change for the readjustment
project as a qualified business operating in an readjustment zone
within its jurisdiction.
(d) A lessee or purchaser of a qualified business which
has been designated as a readjustment project may apply to the Office
to assume the readjustment project designation of the business that
is being leased or purchased. The request must be made through the
appropriate readjustment zone governing body or bodies which must
take official action, in the form of a resolution approving of the
assumption of the readjustment project designation by the lessee or
purchaser. The resolution should be submitted along with the following
information to the Office:
(1) a written commitment from the qualified business
that is the designated project to the governing body or bodies of
the readjustment zone where the project is located and to the Office
to release all claim to the project designation and any benefits represented
thereunder and agreeing to the assumption of the designation as of
a specific date by the lessee or purchaser seeking to assume the designation;
Cont'd... |
