Res 148-2004 10/19/2004RESOLUTION NO. <1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, NOMINATING PPG INDUSTRIES, INC. AS AN
ENTERPRISE PROJECT TO BE SUBMITTED TO THE OFFICE OF THE
GOVERNOR ECONOMIC DEVELOPMENT 8 TOURISM THROUGH THE
ECONOMIC DEVELOPMENT BANK; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls has previously passed Ordinance No. 38-
2004 electing to participate in the Texas Enterprise Zone Program, and the local
incentives to be offered under this resolulion are substantially the same on this data as
were outlined in Exhiba'B' — List of Local Incentives of Ordinance No. 381 and
WHEREAS, the Office of the Governor Economic Development and Tourism
(EDT) through the Economic Development Bank (Bank) will consider PPG Industries,
Inc. as an enterprise project pursuant to a nomination and an application made by the
City and
WHEREAS, the City 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 the City and to provide employment to residents of
enterprise zones and to other economically disadvantaged individuals; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise
Zone Act, Texas Government Coda (the "Act"), PPG Industries, Inc. has applied to the
City of Wichita Falls for designation as an enterprise project and
WHEREAS, the City finds that PPG Industries, Inc. meets the criteria for
designation as an enterprise project under Chapter 2303, Subchapter F of the Act on
the following grounds:
I. PPG Industries, 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 the Wichita Falls North Enterprise Zone and at least
twenty -five percent (25.0 %) of the business new employees will be residents of
an enterprise zone (Wichita Falls North and/or East Enterprise Zones) or
economically disadvantaged individuals, and
2. There has been and will continue to be a high level of cooperation between
public, private, and neighborhood entities within the area; and
3. The designation of PPG Industries, Inc. as an enterprise project will contribute
significantly to the achievement of the plans of the City for development and
revitalization of the area'. and
WHEREAS, The City of Wichita Falls finds that PPG Industries, Inc. meets the
criteria for tax relief and other incentives adopted by the City and nominates PPG
Industries, Inc for enterprise project status on the grounds that it will be located at a
qualfied business site, will create a higher level of employment, economic activity and
stability; and
WHEREAS, The Wichita Falls North Enterprise Zone, within the City and
Porters of the City's Extraterritorial Jurisdiction, is a reinvestment zone in accordance
with the. Texas Tax Code, Chapter 312, and PPG Industries, Inc. is inside of the Zone.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS THAT
SECTION 1, The City of Wichita Falls nominates PPG Industries, Inc. for
enterprise project status.
SECTION 2, The City finds that PPG Industries, Inc. meets the criteria for
designation as an enterprise project, asset forth in Section 2303, Subchapter F of the
Act and is a "qualified business,' as defined in Section 2303.402 of the Act.
SECTION , The fallowing incentives, at the election of the governing body, are
substantially the same as previously endorsed by Ordinance No 38 -2004, Exhibit 'B',
and will be made available to the nominated project or activity of PPG Industries, Inc..
the qualified business:
a) Local Sales Tax Refund — The City may refund to PPG Industries, Inc. a
qualified business located in such enterprise zone, the amount of tax paid
under the Municipal Sales and Use Tax Act (Texas Tax Cede, Chapter 321)
by the business and remitted to the Comptroller of Public Accounts up to the
maximum extent authorized by Sections 2303.505 and 2303.500 of the Act,
and for a period determined by the City, but which shall not exceed five (5)
years;
b) Tax Abatement — The City may abate taxes on the increase in value of real
property improvements and eligible personal property that located or
expanded in a designated enterprise zone. The level of abatement may be
based upon the extent to which PPG Industries, Inc., the business receiving
the abatement, creates jobs for qualified employees, in accordance with
qualified employee being defined by the Act;
c) Fee Waivers — The City may waive development fees to enterprise zone
businesses meeting minimum standards:
d) Streamlined Permitting — The City has established a permilling review and
processing priority for all enterprise zone businesses nominated for
enterprise project status,
e) One -Stop Permitting — The City has established a one -stop permitting
process that streamlines the development review process for permitting
qualified businesses within a designated enterprise zone;
0 Increased Fire and Police Protection;
9) The City may establish simplified, accelerated, or other special permit
Procedures for businesses in the enterprise zone as deemed appropriate;
h) Job Training and Retraining Opportunities — The Works Falls Board of
Commerce and Industry (BCI), in conjunction with Vernon Regional College,
is pursuing a State of Texas Skills Development Grant that would provide
partial assistance In providing specialized educational skills training for PPG
Industries, Inc. employees;
i) Non - Annexation Agreement — The City may provide additional incentives as
outlined in the Non- Annexation Agreement with PPG Industries, Inc.
including, but not limited to, discounts related to water and sewer service;
discounts for solid waste disposal, and authorization of payment in lieu of
taxes at a rate less then that charged to businesses located within the City
imits.
j) The City may offer additional local incentives to PPG Industries, Inc. a
qualified business located in a designated enterprise zone as deemed
appropriate by the governing body.
SECTION44 The enterprise project shall take effect on the date of designation of
the enterprise project by the State agency and terminate five (5) years after the date of
designation.
SECTIONS This resolution shall take effect from and after its passage as the
law and charter in such case provides.
SECTION 6 It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL of the CITY OF WICHITA
FALLS this the 19j° day of October, 2004.
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EXHIBIT A
Wichita Falls North Enterprise Zone & Site of
PPG Industries, Inc.
7400 Central Freeway North
EXHIBIT B
Project Site in Relation to the Wichita Falls North & East
Enterprise Zones