As used within these guidelines and criteria, the following words or phrases shall have the following meaning:
Affected jurisdictions.The City of Odessa, the County of Ector, the Ector County Hospital District and Odessa Junior College.
Base year value.The assessed value of the property eligible for tax abatement as of January 1st preceding the execution of a tax abatement agreement, as defined herein.
City.The City of Odessa and its extraterritorial jurisdiction.
Distribution facility.A building or structure, also referred to as a distribution center, used or to be used primarily to receive, store, service or distribute goods or materials for a regional, statewide, national or international market.
Existing facility.A facility or structure in its existing condition as of the date of execution of the tax abatement agreement, located in or on real property, as defined herein.
Industrial facility.A facility that is used for manufacturing and producing a product; research and development; distribution centers; warehouse facilities, capable of serving as a decentralized storage; regional or national corporate headquarters. The majority of the products or services must be ultimately exported to regional, statewide, national or international markets. Industrial facility does not include local retail, service or office.
Job(s).New permanent job(s) that provide at least 1,820 hours of employment a year to an employee or employees and are intended to exist during the period of the tax abatement agreement.
New facility.The construction of a new facility on previously undeveloped real property eligible for tax abatement.
New investment.(1) Subject to the following listed exceptions, new investment means the portion of the value of the real property or of the tangible personal property located on the real property, or both, to the extent its value for that year exceeds its value for the year in which the agreement is executed or as otherwise provided by chapter
312 of the Tax Code as now adopted or as hereinafter amended.
(2) It must be an improvement or repair to the property. An improvement means a valuable addition made to property (usually real estate) or amelioration in its condition, amounting to more than maintenance or replacement, costing labor or capital and intended to enhance its value, beauty or utility or to adopt it for new or additional purposes.
(3) It generally has reference to buildings, but it may also include permanent structures or other development, such as a street, sidewalks, sewers and utilities.
(4) It includes personal property, such as machinery, however, personal property such as vehicles, inventory or supplies shall not be included.
(5) Aircraft, housing (except as allowed for a residential facility, hotel convention center and ancillary development or downtown facilities, as provided for herein,) boats, property owned by the state and property owned by a member of an affected jurisdiction are not included.
(6) It is also understood that new investment is meant to be the added value that would be subject to ad valorem taxation but for the tax abatement, except for any improvements that are required to be constructed and dedicated to a public entity. The value will be estimated based on the schedules used by the appraisal district for common property or based on the cost method of valuation used by the appraisal district. Such estimates of cost and value for tax appraisal purposes include the following direct and indirect elements of cost such as direct labor, materials, supervision, utilities, equipment rental, installation of components, architecture and engineering, building permits, title and legal expenses, all risk insurance during construction, other taxes during construction, construction loan fees and interest payments during construction and any overhead for such construction. Though the estimate of new investment is based on principles of assessing property for ad valorem taxes, the appraisal district is not obligated to find the same value when it performs the official appraisal of the property each year.
Owner or owned.Either the title owner or a lessee, with a lease commitment of at least 15 years, of the eligible abatement property on January 1st of the year subject to the tax abatement.
Real property.Land on which real property improvements are to be made.
Renovation of existing facility.The addition of buildings, structures, machinery or equipment to a facility after the date of execution of a tax abatement agreement.
Tangible personal property.Any personal property, not otherwise defined herein, and which is necessary for the proper operation of any type of residential, commercial or industrial facility.
Tax abatement agreement.An agreement between the owner and any affected jurisdiction which provides for tax abatement and complies with all statutory and guideline regulations.
Zone.The area in the city or in its extraterritorial jurisdiction designated as an enterprise zone pursuant to the Enterprise Zone Act, chapter
2303, Texas Government Code and it shall also include reinvestment zones established pursuant to chapter
312 of the Tax Code.
(Ordinance 2019-22 adopted 7/9/19)