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10&11 We-Pack Enterprise Proj DRAFT H:\JANICE\ORDWORK\ENTERPRISE PROJECT WE-PACK ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, 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; NOMINATING WE PACK LOGISTICS, L.P. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS AN ENTERPRISE PROJECT (PROJECT); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, 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 are; 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. EZ231-111397-P, approved November 13, 1997, which will expire September 1, 2005, which the City requests remain in effect until the original expiration date; and, WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, We Pack Logistics, L.P. has applied to the City for designation as an enterprise project; and, WHEREAS, the City finds that We Pack Logistics, L.P. 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 on NOW, THEREFORE, November 4, 2004; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS; Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the City nominates We Pack Logistics, L.P. for enterprise project status. Section 3. That the following local incentives, at the election of the governing body, are or may be made available to the nominated project or activity of the qualified business: a)The City Council may provide certain tax incentives applicable to business enterprises in the zone(s) which are not applicable throughout the City as follows: 1)The City may refund to any qualified business located in such enterprise zone the amount of tax paid under the Municipal Sales and Use Tax (Texas Tax Code, Chapter 321) by the business and remitted to the Comptroller of Public Accounts up to the maximum extent authorized by Sections 2303.505 and 2303.506 of the Act, and for a period determined by the City, but which shall not exceed five (5) years; 2)The City may abate taxes on the increase in value of real property improvements and tangible personal property that locate in a designated enterprise zone up to 100% of the estimated total tax increase to be levied on the proposed property improvements, and such abatement shall not exceed a term of seven (7) years; 3)Tax increment financing (in lieu of tax abatement); 4)The city may offer low-interest loans to develop or revitalize the zone. b)Other incentives that may be negotiated on a case by case basis are as follows (the first 3 being offered only in the enterprise zone); 1)Waiver of development fees to enterprise zone businesses meeting minimum standards; 2)Accelerated zoning and permit procedures. Enterprise zone businesses will be processed upon receipt, before non-enterprise zone businesses already in hand; 3)Transfer of City-owned surplus land at below market prices for the public purpose of economic development; 4)Capital improvements in water and sewer facilities and road repair; 5)The City will apply for training/re-training grants for new permanent jobs as grants for new permanent jobs as available and appropriate to the industry; 6)One-stop permitting; 7)Improved fire and police protection; 8)Low interest loans for housing rehabilitation or improvement; 9)Enhanced municipal services; 10)The City may apply for infrastructure grants and/or loans as available and appropriate to the industry; 11)The City may amend the zoning ordinances of the City, as appropriate, to promote economic development; 12)Tax exempt revenue bonds; 13)Freeport exemption. Section 4. That the enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. Section 5. That the City of Paris City Council directs and designates its City Project Director as 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 6. That the City Council finds that We Pack Logistics, L.P. meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: (a)We Pack Logistics, L.P. 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 We Pack Logistics, L.P. as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. Section 7. That the enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate five years from the date of designation. Section 8. That this ordinance shall take effect form and after its passage as the law and charter in such case provides. Section 9. That the City Council finds and determines that notice of the date, time, and location of the meeting at which this ordinance was adopted was duly posted in accordance with the requirements of the Texas Open Meetings Act, Chapter 551, Tex. Government Code Ann. PASSED, APPROVED, and ADOPTED this the 4th day of November, 2004. ____________________________________ Curtis Fendley, Mayor ATTEST: ____________________________________ Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney