HomeMy WebLinkAbout2009-3168 - Ordinance - 02/26/2009ORDINANCE NO. 3168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE
PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303,
TEXAS GOVERNMENT CODE ( "ACT "), PROVIDING FOR POTENTIAL TAX
INCENTIVES; PROVIDING FOR DESIGNATING A LIASON FOR COMMUNICATION
WITH INTERESTED PARTIES; PROVIDING FOR NOMINATING LYNNTECH, INC. TO
THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT & TOURISM ( "EDT ")
THROUGH THE ECONOMIC DEVELOPMENT BANK ( "BANK ") AS AN ENTERPRISE
PROJECT ( "PROJECT "); PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of College Station, Texas desires to create the proper
economic and social environment to induce the investment of private resources in productive
business enterprises located in severely distressed areas of the city and to provide employment to
residents of such area; and
WHEREAS, the project or activity is not located in an area designated as an enterprise zone; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, Lynntech, Inc. has applied to
the City for designation as an enterprise project; and
WHEREAS, the City finds that Lynntech, Inc. potentially may meet the criteria for tax relief and
other incentives adopted by the City on the grounds that it will be located at the qualified
business site, will create a higher level of employment, economic activity and stability; and
WHEREAS, a public hearing to consider this ordinance was held by the City Council on
February 26, 2009; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: The City nominates Lynntech, Inc. for enterprise project status.
PART 2: The following local incentives, at the election of the City Council, may be made
available to the nominated project or activity of the qualified business:
a) The City may abate taxes on the increase in value of real property
improvements and eligible personal property that locate in a designated
enterprise zone. In that event, the level of abatement shall be based upon the
extent to which the business receiving the abatement creates jobs for qualified
employees, in accordance with the City of College Station, Texas Tax
Abatement Policy, and with qualified employee being defined by the Act; or
ORDINANCE NO. 3168 Page 2
b) The City currently offers a Freeport Exemption for various goods if the
inventory is shipped outside of the State of Texas within 175 days by a
qualified business; or
c) The City may provide regulatory relief to businesses, including:
1) zoning changes or variances; or
2) exemptions from impact fees, inspection fees, development fees and
permits; or
3) streamlined permitting; or
d) The City may provide enhanced municipal services to businesses,
including:
1) Improved police and fire protection; or
2) Institution of community crime prevention programs; or
e) The City may provide improvements in community facilities, including:
1) public utility infrastructure installation, improvement, or reimbursement.
2) public road and drainage infrastructure installation, improvement, or
reimbursement; or
3) other public improvements including but not limited to: traffic signals,
upgrade of sidewalks, enhanced landscaping, etc.
4) public improvement districts as provided by Chapter 372 of the Local
Government Code, Municipal Management Districts provided by
Chapter 375 of the Local Government Code, or Tax Increment
Reinvestment Zones as provided by Chapter 312 of the Tax Code, and
other special districts as allowed;
5) over sizing of infrastructure; or
6) creation or improvement of parks; or
f) The City may provide improvements to housing, including:
1) low - interest loans for housing rehabilitation, improvement, or new
construction; or
2) transfer of abandoned housing to individuals or community groups; or
g) The City may provide business and industrial development services
including:
1) low - interest loans for business;
2) provision of publicly -owned land, developed or raw, for development
purposes, including residential, commercial, or industrial development;
3) reimbursement for specified costs such as demolition costs, etc.;
4) creation of special one -stop permitting and problem resolution centers
or ombudsmen;
5) promotion and marketing services; or
6) other incentives tailored to specific needs may be available on a case -
by -case basis; or
ORDINANCE NO. 3168
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h) The City may provide for or arrange job training and employment services
to businesses, including:
1) retraining programs;
2) literacy and employment skills programs;
3) vocational education; or
4) customized job training.
PART 3: The enterprise zone areas within the City are reinvestment zones in accordance
with the Texas Tax Code, Chapter 312.
PART 4: The City Council of the City of College Station, Texas directs and designates its
Director of Economic and Community Development as the City's liaison to
communicate and negotiate with the EDT through the Bank and enterprise
project(s) and to oversee zone activities and communications with qualified
businesses and other entities in an enterprise zone or affected by an enterprise
proj ect.
PART 5: The City finds that Lynntech, Inc. meets the criteria for designation as an
enterprise project under Chapter 2303 Subchapter F of the Act on the following
Grounds:
a) Lynntech, Inc. is a "qualified business" under Section 2303.402 of the Act
since it will be engaged in the active conduct of a trade or business at a
qualified business site within the governing body's jurisdiction, located
outside of an enterprise zone and at least thirty -five percent (35 %) of the
business' new employees will be residents of an enterprise zone or
economically disadvantaged individuals; and
b) There has been and will continue to be a high level of cooperation between
public, private, and neighborhood entities in the area; and
c) The designation of Lynntech, Inc. as an enterprise project will contribute
significantly to the achievement of the plans of the City for development and
revitalization of the area.
PART 6: The enterprise project shall take effect on the date of the designation of the
enterprise project by EDT and terminate upon five (5) years having passed after
the date of designation.
PART 7: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 8: This ordinance shall take effect from and after its passage as the law and charter
in such case provides.
ORDINANCE NO. 3168
PASSED, ADOPTED and APPROVED this 26 day of February, 2009.
APPROVED:
MAYOR
ATTEST:
L �
City Secretary
APPROVED:
City Attorney
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