Section 175.5 - Application Contents for Designation of Defense Readjustment Projects(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;(2) a written certification from the lessee or purchaser on a form to be provided by the Office that the lessee or purchaser will be a qualified business under the Act, §2310.302;(3) a letter of commitment from the lessee or purchaser addressed to the readjustment zone governing body or bodies and to the Office like the letter of commitment filed in the original application for project designation by the initial qualified business. The letter should outline any modifications proposed by the lessee or purchaser to the original commitments made by the qualified business holding the project designation, including capital investment and jobs to be created, or retained, as applicable, and a statement as to why the assumption is essential to their operations in the readjustment zone; and(4) a copy of the lessee's or purchaser's 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 and financial statements to satisfy concerns about the ability of the lessee or purchaser to fulfill its commitments.10 Tex. Admin. Code § 175.5
The provisions of this §175.5 adopted to be effective September 15, 1997, 22 TexReg 8961; amended to be effective August 5, 2012, 37 TexReg 5729