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RepealedbyOrdinanceNo.201619907/19/16JR
s:\lega[\our documents\ordinances\I6\winco tx ez norttinating ordinance 052416.docx
ORDINANCE NO. 2016-149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY' S PARTICIPATION 1N 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 THE INTERESTED PARTIES, AND
NOMINATING WINCO FOODS, LLC TO THE OFFICE OF THE GOVERNOR, ECONOMIC
DEVELOPMENT AND TOURISM (OOGEDT) THROUGH THE ECONOMIC
DEVELOPMENT BANK (THE "BANK") AS AN ENTERPRISE PROJECT ("PROJECT");
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton (the "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 areas; and
WHEREAS, the project or activity is located in an area designated as an enterprise zone;
and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, WinCo Foods, LLC has
applied to the City for designation as an Enterprise Project; and
WHEREAS, the City finds that WinCo Foods, 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; and
WHEREAS, a public hearing to consider this order was held on May 24, 2016; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City hereby ordains its participation in the Texas Enterprise Zone
Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code
("Act").
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SECTION 3. 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
Denton Tax Abatement Policy, and with qualified employee being defined by the
Act. The City may offer the following incentives for businesses meeting the
applicable requirements: reduced electrical utility rates, reduced infrastructure
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costs, grants based on new sales tax or ad valorem tax revenues generated by a
company or development, local sales tax refund, tax increment financing, triple
Freeport tax exemption, Chapter 380 grants, and industrial revenue bonds.
b) 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;
2) institution of community crime prevention programs; or
3) special public transportation routes or reduced fares.
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 improvements to housing, including:
1) low-interest loans for housing rehabilitation, improvement, or new
construction; or
2) transfer of abandoned housing to individuals or community groups.
� The City may provide business and industrial development services, including:
1) low-interest loans for business;
2) provision of publicly owned land for development purposes, including
residential, commercial, or industrial development;
3) creation of special one-stop permitting and problem resolution centers or
ombudsmen; or
4) 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 4. The enterprise zone areas within the City are reinvestment zones in
accordance with the Texas Tax Code, Chapter 312.
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s:Uegal\our documents\ordinances\16\winco tx ez nominating ordinance 052416.docx
SECTION 5. The City of Denton City Council directs and designates its Director of
Development Services as the City's liaison to communicate and negotiate with the OOGEDT
through the Bank and enterprise project(s) and to oversee enterprise zone activities and
communications with qualified businesses and other entities in an enterprise zone or affected by
an enterprise project.
SECTION 6. The City finds that WinCo Foods, LLC meets the criteria for designation as
an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds:
a) WinCo Foods, 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 the 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 WinCo Foods, 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 7. The enterprise project shall take effect on the date of designation of the
enterprise project by OOGEDT and terminate five years after that date.
SECTION 8. This ordinance shall take effect from and after its passage as the law and
charter in suc �
h case provides.
PASSED AND APPROVED this the �' ,_ day of �,�� �,�16.
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CHRIS � � �'1"��'",. a YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: �.�������� ��•.���....� ���... �^����
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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