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O-2875-11-09ORDINANCE NO. 2875-11-09 t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ORDAINING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2302, TEXAS GOVERNMENT CODE (THE "ACT'), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, NOMINATING JACK HENRY AND ASSOCIATES TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM ("EDT") THROUGH THE ECONOMIC DEVELOPMENT BANK Mn "BANK') AS AN ENTERPRISE PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in certain areas of the City and to provide employment to residents of such areas; and, WHEREAS, the project or activity is not located in an area designated as an enterprise zone; and, WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, Jack Henry and Associates has applied to the City for designation as an enterprise project; and, WHEREAS, the City finds that Jack Henry and Associates meets the criteria for tax relief and other incentives adopted by the City on the grounds that it will be located at a qualified business site, and 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 November 24, 2009 with prior notice by publication in a newspaper of general circulation containing in accordance with the law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City hereby nominates Jack Henry and Associates for Enterprise Project Status. SECTION 2. The following local incentives, at the election of the City Council, 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 Allen Tax Abatement and Economic Development Incentive Policy, and with qualified employees being defined by the Act. B. The City may provide programs to improve and increase in the value of real estate and new investment, including: 1. Local sales tax refund incentives; ' 2. Tax increment financing; 3. Freeport exemption; or 4. Texas Local Government Code, Chapter 380 grants. C. The City may provide regulatory relief to businesses, including 1. Zoning changes or variances; 2. Exemptions or waivers for impact fees, or inspection fees; or ' 3. Streamlined permitting. D. The City may provide enhanced municipal services to businesses, including: 1. Improved police and fire protection; or 2. Institution of community crime prevention programs. E. The City may provide improvements in community facilities, including: 1. Capital improvements in water and sewer facilities; or 2. Road repair. F. The City may provide improvements to housing, including: 1. Low-interest loans or grants for housing rehabilitation, improvement, or new construction; or 2. Transfer of abandoned housing to individuals or community groups. G. The City may provide businesses and industrial development services, including: 1. Low-interest loans and grants for businesses; 2. Creation of special one-stop permitting and problem resolution centers or ombudsmen; or 3. Promotion and marketing services. H. The City, through its funding 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 3. The enterprise zone area within the City is a reinvestment zone in accordance with the Texas Tax Code, Chapter 312. SECTION 4. The City Council hereby directs and designates the City Manager, or designee, 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 the enterprise zone or affected by an enterprise project. SECTION 5. The City Council finds that Jack Henry and Associates meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: A. Jack Henry and Associates 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 within the governing body's jurisdiction, located outside of an enterprise zone and at least thirty-five percent (35%) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; B. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities in the area; ' C. The designation of lack Henry and Associates as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. SECTION 6. The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate on November 24, 2014. Ordinance No. 2875-11-09, Page 2 SECTION 7. That this Ordinance shall take effect immediately upon its passage as the law and charter in ' such cases provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 24m DAY OF NOVEMBER, 2009. 1 1 APP Z04Lq Stepheifterrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smit ATTORNEY ShelleUf y BITYITY SECREVARY Ordinance No. 2875-I1-09, Page 3