Ord 30-2010 5/18/2010 ORDINANCE NO. 30-2010
Ordinance Of The City Council Of Wichita Falls, 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 And Describing Tax Incentives, Designating A
Liaison For Communication With Interested Parties, And Nominating
WDS Global — Texas, Inc. To The Office Of The Governor Economic
Development � Tourism Through The Economic Development Bank
(Bank) As An Enterprise Project (Project)
WHEREAS, the Office of the Governor Economic Development and Tourism
("EDT") through the Economic Development Bank (the "Bank") will consider WDS
Global — Texas, Inc. (the "Company"), as an Enterprise Project pursuant to a
nomination and an application made by the City;
WHEREAS, the City Council of the City of Wichita Falls, Texas desires to pursue
the creation of the proper economic and social environment in order to induce the
investment of private resources in productive business enterprises located in distressed
areas of the City and to provide employment to economically disadvantaged individuals;
WHEREAS, the project or activity is not located in an area designated as an
enterprise zone;
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Government
Code, the Company has applied to the City of Wichita Falls for designation as an
Enterprise Project;
WHEREAS, the City finds that the Company meets the criteria for tax retief and
other incentives adopted by the City of Wichita Falls on the grounds that it will be
located at the qualified business site, will create a higher level of employment,
economic activity and stability;
WHEREAS, the City Council finds that it is in full compliance with Chapter 2303
Of tI1@ TEXAS GOVERNMENT CODE,
WHEREAS, a public hearing to consider this ordinance was held by the City
Council of the City of Wichita Falls on May 18, 2010; and
WHEREAS, the City Council states the type of project requested is a single
enterprise project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The City nominates WDS Global - Texas, Inc., for Enterprise Project Status.
2. The following local incentives, at the election of the governing body, are or will be
available to the nominated project or activity of the qualified business:
a. The City may refund to any qualified business the amount of tax paid under
the Municipal Sales and Use Tax Act (Texas Tax Code, Chapter 321) by the
business and remitted to the Comptroller of Public Accounts up to the
maximum extent authorized by Texas Gov't Code §§ 2303.505 & 2303.506,
and for a period determined by the City, but which shall not exceed 5 years.
b. The City and Wichita County may abate taxes on the increase in value of real
property improvements and eligible personal property for qualified
businesses. The level of abatement may be based upon the extent to which
the business receiving the abatement creates jobs for qualified employees, in
accordance with the City of Wichita Falls Tax Abatement Policy, with
"qualified employees" being defined by the Texas Enterprise Zone Act (the
"Act"
c. The City may authorize, through the Wichita Falls Economic Development
Corporation, an agreement for economic development assistance either 4A
or 4B, whichever is applicable, to a qualified business being nominated for
designation.
d. The City may provide assistance for building, facility and/or land acquisition
for nominated qualified businesses.
e. The City may make provisions for low-interest loans to qualified businesses
nominated for enterprise project designation.
f. The City may enter into a`non-annexation' agreement with the qualified
business for a specified timeframe.
g. The City may provide business and industrial development services including
promotion and marketing services for a qualified business.
h. The City may waive development/inspection fees to qualified businesses
meeting minimum standards.
i. The City may provide enhanced municipal services and improvements to
community facilities for qualified businesses including:
(1) Capital improvements in water and sewer facilities, road repair and/or
creation or improvement of parks;
(2) Improved fire and police protection;
(3) Institution of community crime prevention programs; or
(4) Special public transportation services (e.g., routes or reduced fares) for
qualifying businesses expanding or locating in the City whose
employees are transportation-dependent.
j. Provision of available, vacant, surplus municipal owned buildings and
undeveloped municipal property for new or expanded business activities for
qualified businesses as allowed under the Act.
k. Freeport tax exemption on certain "Freeport" goods.
I. Streamlined (`one-stop') development-permit process and permitting
preference to City nominated enterprise project businesses.
m. The City may establish simplified, accelerated, or other special permit
procedures for qualified businesses nominated for enterprise project
designation.
n. The City may defer compliance to qualified businesses in regard to the
subdivision and development ordinances or rules, other than those relating to
streets and roads or sewer or water services, of the municipality or county, as
appropriate.
o. The City may give priority to qualified businesses and/or qualified Census
block groups for enterprise project designation for the receipt of:
(1) community development block grant money;
(2) industrial revenue bonds; or
(3) funds received under the federal Workforce Investment Act (29 U.S.C. —
Title 20 C.F.R.; Parts 610-671).
p. The City may amend the zoning ordinances of the municipality, as
appropriate, to promote economic development in the zone.
q. The City may create a local project fund for funding bonds or other programs
or activities to develop or revitalize the qualified business site and/or a
Census block group that qualifies as an enterprise zone.
r. The City may for qualified businesses and/or Census block groups, reduce
rates charged by a utility owned by the municipality, as appropriate.
s. The City may, in providing services, give priority to local economic
development, educational, job training, or transportation programs that
benefit a nominated, qualified business and/or Census block group that
qualifies as an enterprise zone.
t. The City may sell real property owned by the municipality or county, as
appropriate in accordance with Texas Gov't Code §§ 2303.513 to assist
nominated enterprise zone projects.
u. The City may through collaboration with the Wichita Falls Chamber of
Commerce and Vernon College - Texas Skills Development Fund program
offer customized job training, re-training along with vocational skills and
literacy development to qualified businesses nominated for enterprise project
designation.
v. The City may offer additional local incentives to the Company, a qualified
business as deemed appropriate by the governing body.
3. The enterprise zone areas within the City are reinvestment zones in accordance
with the Texas Tax Code, Chapter 312.
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 affected by
an enterprise project.
5. The City of Wichita Falls City Council directs and designates its Assistant 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. Said liaison is empowered to execute
all documents necessary to establish the enterprise zone and apply for and
administer the enterprise project.
6. The City finds that the Company meets the criteria for designation as an
Enterprise Project under Texas Gov't Code, Chapter 2303, Subchapter F, on the
following grounds:
a. The City finds that the Company is a"qualified business" under Texas Gov't
Code § 2303.402 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 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 the Company as an Enterprise Project will contribute
significantly to the achievement of the plans of the City for development and
revitalization of the area.
7. The enterprise project shall take effect on the date of designation of the
enterprise project by EDT and terminate 5 years after the date of designation.
8. This ordinance shall take effect from and after its passage as the law and charter
in such case provide.
PASSED AND APPROVED BY THE CITY COUNCIL of the CITY OF WICHITA
FALLS this the 18th day of May, 2010.
MAYOR
ATTEST:
• ��
City Clerk