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ORD 880 12/01/2008 ORDINANCE No. 8 8 n A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, ORDAINING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING KALMAR RT CENTER, LLC TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT& TOURISM(EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT). WHEREAS, the City Council of the City of Cibolo, 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, Kalmar RT Center, LLC has applied to the City for designation as an enterprise project; and WHEREAS, the City fords that Kalmar RT Center, LLC meets 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; will utilize a co-employment arrangement; and WHEREAS, a public hearing to consider this ordinance was held by the City Council on December 1, 2008; NOW, THEREFORE BE IT ORDAINED. BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT: Section 1: The City nominates Kalmar RT Center, LLC for enterprise project status. Section 2: The following local incentives, at the election of the governing body, are or will be made available to the nominated project or activity of the qualified business: a) The City may provide regulatory relief to businesses, including: 1) exemptions from unnecessary building code requirements, impact fees, or inspection fees; or 2) streamlined permitting. Section 3: The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. Section 4: The City of Cibolo and the City Council directs and designates Todd Parton, City Manager 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 project. Section 5: The City finds that Kalmar RT Center, LLC meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: (a.) Kalmar RT Center, LLC 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 Kalmar RT Center, LLC as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. Section 6: The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate on December 1, 2013. PASSED AND APPROVED this / day of De C. , 20 O S. nnifer�,'artman, Mayor - ` - _ Attest: Z.....;.... Peggy Cimics, City Secretary a' � J