Midland has an array of local and state incentives available to qualified and diversified companies.
The Development Corporation Act of 1979 gives cities the ability to finance new and expanded business enterprises in their local communities through economic development corporations (EDCs). Chapters 501, 504, and 505 of the Local Government Code outline the characteristics of Type A and Type B EDCs, authorize cities to adopt a sales tax to fund the corporations and define projects EDCs are allowed to undertake. Midland adopted the Type A Sales Tax in 2002.
Type A sales tax is primarily intended for manufacturing and industrial development. The Statute allows targeted infrastructure and improvements for projects including:
Incentives are based on project investment, the number of new basic jobs and payroll. Any request for incentives must be approved by the Board of Directors of the MDC and the Midland City Council.
The main requirement is that the businesses bring new money into the community by providing primary jobs. A primary job is one at a company that exports a majority of its products or services to markets outside the local region, infusing new dollars into the local economy. Primary jobs are further limited to specific industry sectors such as agriculture, mining, manufacturing and scientific research and development. Those industry limitations can be found in Local Government Code, Chapter 501.
The MDC must enter into a written performance agreement with any business enterprise that it funds directly or makes expenditures that benefit an eligible project. At a minimum, the performance agreement must contain:
Assistance may be in the form of:
On March 20, 2001, the City of Midland established Tax Increment Reinvestment Zone Number 1 (TIRZ), by Ordinance Number 8005, to address economic conditions in Downtown Midland indicative of stagnation and potential decline. At the time of creation the 449-acre Downtown Midland TIRZ encompassed approximately 5.35 million sq. ft. of office space, 249 hotel rooms, and several blocks of undeveloped land. The TIRZ, operating through its Board of Directors, intends to provide a focused planning and financing mechanism to jumpstart, promote, and monitor a critical revitalization effort to reverse sliding economic trends in Downtown Midland.
The MDC will assist in the coordination with the City and County for tax abatements. Qualified businesses located within the designated Reinvestment Zone are eligible to apply for abatement of the property tax for the value added to real or personal property by construction, renovations, additions, or personal equipment as allowed by law and approved by the participating taxing entities. Tax abatement on real and personal property improvements may be granted by all taxing entities except the Midland Independent School District.
Midland's Foreign Trade Zone #165, located at Midland International Airport, gives companies the opportunity to defer and possibly reduce duty paid on goods traded across national borders. Goods may be assembled, packaged, or warehoused at a Foreign Trade Zone. Midland International is a designated Port of Entry and has a U.S. Customs Office.
Freeport Tax Exemption is offered by the Midland County, City of Midland, and the Hospital District. The Freeport exemption exempts certain types of tangible personal property (i.e., inventory) from ad valorem (property) taxation provided the property is:
Because oil, natural gas, and other petroleum products are not considered Freeport goods, they are not eligible for the exemption, and, therefore remain taxable. Even when goods are sold to an in-state purchaser rather than shipped out of the state, they may qualify for the Freeport exemption - however, the property must qualify under the above requirements as Freeport property and must be transported out of the state within 175 days after it was first acquired in or imported into the state.
The Texas Enterprise Zone Program is an economic development tool for local communities to partner with the State of Texas to promote job creation and capital investment in economically distressed areas of the state. Local communities must nominate a company as an Enterprise Project to be eligible to participate in the program. Legislation limits allocations to the state and local communities per biennium. The state accepts applications quarterly with deadlines on the first working day of March, June, September and December. Designated projects are eligible to apply for state sales and use tax refunds on qualified expenditures. The level and amount of refund is related to the capital investment and jobs created or retained at the qualified business.
Chapter 380 of the Local Government Code authorizes municipalities to offer incentives designed to promote economic development such as commercial and retail projects. Specifically, it provides for offering loans and grants of city funds or services at little or no cost to promote state and local economic development and to stimulate business and commercial activity.
In order to provide a grant or loan, a city must establish a program to implement the incentives. Before proceeding, cities must review their city charters or local policies that may restrict a city's ability to provide a loan or grant.
Chapter 381 of the Local Government Code allows counties to provide incentives encouraging developers to build in their jurisdictions. A county may administer and develop a program to make loans and grants of public money to promote state or local economic development and to stimulate, encourage, and develop business location and commercial activity in the county.
The county also may develop and administer a program for entering into a tax abatement agreement. This tool allows counties to negotiate directly with developers and businesses.
Small Business Administration CDC/504 Loans The CDC/504 loan program is a long-term financing tool for economic development within a community. The 504 Program provides growing businesses with long-term, fixed-rate financing for major fixed assets, such as land and buildings. A Certified Development Company is a non-profit corporation set up to contribute to the economic development of its community. CDCs work with the SBA and private-sector lenders to provide financing to small businesses.
Typically, a 504 project includes a loan secured with a senior lien from a private-sector lender covering up to 50 percent of the project cost, a loan secured with a junior lien from the CDC (backed by a 100 percent SBA-guaranteed debenture) covering up to 40 percent of the cost, and a contribution of at least 10 percent equity from the small business being helped. Caprock Business Finance Corporation, Inc. in Lubbock is the CDC that serves Midland and Ector Counties. The CDC can be reached at (806) 762-8721 or www.caprock504.org STATE PROGRAMS www.governor.state.tx.us
Innovative and competitive legislation continue to fuel investment and job growth in the Lone Star State. Incentives such as the Texas Enterprise Fund and the Texas Emerging Technology Fund were created to attract new business, new technology and new jobs to Texas.
For more information visit the www.governor.state.tx.us.