ORD 891 02/24/2009 ORDINANCE No. 891
A ORDINANCE REPEALING ORDINANCE 880 AND ESTABLISHING A NEW 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 finds 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 utilise a co-employment arrangement; and
WHEREAS, a public hearing to consider this ordinance was held by the City
Council on February 24, 2009;
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 abate taxes on the increase in value of real
property improvements and eligible personal property that
locate in a designated enterprise zone. 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 Cibolo Tax
Abatement Policy, and with qualified employee being defined
by the Act.
b) The City may provide local sales tax refunds.
c) The City may provide benefits through Tax Increment
Financing.
d) The City may provide benefits under the 4(B) Local Sales Tax
program.
e) The City may provide regulatory relief to businesses, including:
1) zoning changes or variances;
2) exemptions from unnecessary building code
requirements, impact fees, or inspection fees; or
3) streamlined permitting.
c) The City may provide enhanced municipal services to
businesses, including:
1) improved police and fire protection; or
2) institution of community crime prevention programs.
d) The City may provide improvements in community facilities,
including:
1) capital improvements in water and sewer facilities;
2) road repair; or
3) creation or improvement of parks.
e) The City may provide publically-owned land for development
purposes.
f) The City may provide business and industrial development
services, including:
1) creation of special one-stop permitting and problem
resolution centers or ombudsmen; or
2) promotion and marketing services.
g) The City may provide 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.
Section 3: The enterprise zone areas within the City are reinvestment zones
in accordance with the Texas Tax Code, Chapter 312.
Section 4: City Council directs and designates the Assistant to the 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 March 3, 2014.
Section 7: This ordinance hereby repeals Ordinance 880 which becomes null
and void.
PASSED AND APPROVED this °i Lf day of c./'ru/ 20 O 4 .
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I-nnifer,artman, Mayor, -,
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Attest: Approved as to form: - }
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Peggy Cimics, City Secretary Mi: el 7:tos, Assistant City t• --•-y