Ord 038-2004 5/18/2004ORDINANCE NO. f �-�[ J
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, ORDAINING THE CITY'S PARTICIPATION IN THE
TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THIE TEXAS
ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT
CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNATING A
LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND
NOMINATING CHAVEZ CONTRACTING, INC. TO THE OFFICE OF THE
GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT)
THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN
ENTERPRISE PROJECT (PROJECT); FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council of the City of Wichita Falls, Texas (City) 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 located in an area designated as an
enterprise zone, and
WHEREAS, the City has a previously- designated enterprise zone, approved by
EDT's predecessor agency, Enterprise Zone No. EZ265- 111998 -WFN, originally
approved November 19, 1998, which will expire on September 1, 2006, which the City
requests remain in effect until the original expiration date, and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, Chavez
Contracting, Inc., has applied to the City for designation as an enterprise project, and
WHEREAS, the City finds that Chavez Contracting, Inc., 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; and
WHEREAS, a public hearing to consider this Ordinance was held by the City
Council of Wichita Falls on May 18, 2004.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS THAT:
S ECTION 1, The City nominates Chavez Contracting, Inc. for enterprise project
status.
S ECTION 2, The following 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) Permitting preferences — Enterprise zone businesses will be processed prior
to non - enterprise zone businesses;
b) Streamlined Permitting — The City has established a one -stop permitting
process which streamlines the development review process for permitting
qualified businesses within the zone,
c) The Wichita Falls Board of Commerce and Industry (BCI), in conjunction with
Vernon Regional College, is pursuing a State of Texas Skills Development
Grant that would include specialized educational skills training for Chavez
Contracting, Inc. employees.
SECTION 3, The North Enterprise Zone within the City is a reinvestment zone in
accordance with the Texas Tax Code, Chapter 312.
S ECTION 4 The City of Wichita Falls City Council directs and designates its
City Manager as the City's authorized representative to act in all matters pertaining to
the nomination and designation of qualified businesses and other entities in an
enterprise zone or affected by an enterprise project.
S ECTION 5 , The City of Wichita Falls City Council directs and designates its
Director of 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 project.
SECTI 6 , The City finds that Chavez Contracting, Inc. meel:s the criteria for
designation as an enterprise project under Chapter 2303, Subchapter F of the Act on
the following grounds:
a) Chavez Contracting, 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 located in an enterprise zone in the
governing body's jurisdiction and at least twenty -five percent (25 %) 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 Chavez Contracting, Inc., as an enterprise project will
contribute significantly to the achievement of the plans of the City of Wichita
Falls for development and revitalization within this portion of the downtown.
SECTION 7, The enterprise project shall take effect on the date of designation of
the enterprise project by EDT and terminate five (5) years after the date of designation.
SECTION 8, This ordinance shall take effect from and after its passage as the
law and charter in such case provides.
S ECTION 9 , It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 18" day of May, 2004.
MAYOR
ATTEST:
City Clerk