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HomeMy WebLinkAboutOrdinance No. 2011-1935CITE' OF THE COLONY, TEXAS ORDINANCE NO. 2011-1935 WHEREAS, the City of The Colony, Texas (the "City") is committed to the promotion and retention of high quality development in all parts of the City and to an ongoing improvement in the quality of life for its citizens; and WHEREAS, Chapter 380 of the Texas Local Government Code, as amended ("Chapter 380") authorizes the City Council to establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the City's Comprehensive Economic Development Policy, as amended, provides for economic development incentives, including economic development grants and loans under Chapter 380, for the purpose of encouraging economic growth and the expansion of the local economy within the City; and WHEREAS, the City Council of the City desires to establish a program to provide economic incentives pursuant to Chapter 380 (the "Chapter° 380 Incentive Program") to provide incentives in the form of grants, loans, use of City's personnel or services, or a combination thereof; and WHEREAS, the City Council hereby finds, determines and declares that the creation of the Chapter 380 Incentive Program furthers the public purpose of developing and diversifying the economy of the City and is authorized by Article III, Section 52-a of the Texas Constitution, as amended; NOWTHEREFORE, E IT ORDAINED BY THE CITY COUNCIL OF THE CITE' OF THE COLONY, TEXAS SECTION 1. CREATION OF CHAPTER 380 INCENTIVE PROGRAM. The City Council hereby authorizes and approves the creation of the Chapter 380 Incentive Program attached hereto as Attachment A and incorporated by reference as a part of this Ordinance for all purposes. The Chapter 380 Incentive Program shall be administered in accordance with the City's Comprehensive Economic Development Policy, as amended, and shall be attached to the Comprehensive Economic Development Policy as Exhibit C thereto. - I - SECTION . INCONSISTENT I'RO VISTO, . All ordinances, orders, or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 3. INCORPORATION OF FINDINGS AND DETERMINATIONS. The findings and determinations of the City Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 4. GOVERNING LAW. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United. States of America. SECTION S. EFFECT OF AIRINGS. The Section headings herein are for convenience of reference only and shall not affect the construction hereof. SECTION 6. SEVERABILITY. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of the same to any person or set of circumstances shall be held to be unconstitutional, void, or invalid, the validity of the remaining provisions of this Ordinance, or their application to other persons or set of circumstances shall nevertheless be valid, it being the intent of the City Council in adopting this Ordinance that no portion hereof shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any portion hereof, and all provisions of this Ordinance are declared severable for that purpose.. SECTION i. PUBLIC MEETING. It is officially found, determined and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551 or the Texas Government Code, as amended. SECTION 8. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage. [Remainder ofPage left blank intentionally.] -2- PASSE AND APPROVED BY THE CITE' COUNCIL OF THE CITE' OF THE COLONY, TEXAS, THIS THE 15" DAY OF NOVEMBER, 2011. if t ATTEST; efMoore, City Attorney S-1 ATTACHMENT "A" CITY OF THE COLONY CHAPTER 380 INCENTIVE PROGRAM FOR ECONOMIC INCENTIVES 1. GENERAL PURPOSE AND OBJECTIVES The City of The Colony (the "City'") is committed to the promotion and retention of high quality development in all parts of the City and to an ongoing improvement in the duality of life for its citizens. Insofar as the enhancement and expansion of the local economy generally serve these objectives, the City will, on a case-by-case basis, give consideration to providing grants, loans of monies, and lending of personnel and services to stimulate economic development in the City. The City will consider providing incentives in accordance with the procedures and criteria outlined in the City's Comprehensive Economic Development Policy. Nothing herein shall imply or suggest that the City is under any obligation to provide any incentive to any applicant. All applicants shall be considered on a case-by-case basis. By Ordinance No. , the City Council approved the general concepts for this Chapter 380 Incentive Program for Economic Incentives (the "Chapter 380 Incentive Program"). H. CRITERIA All incentives provided by the City must have as their underlying goal to further economic development in the City. The goals to be achieved by the granting of the incentive should be measurable and be binding upon the recipient of the incentive as set forth in an agreement between the City and recipient. Any person, organization or corporation seeking an economic development incentive under this Chapter 380 Incentive Program to foster location, modernization of existing facilities, improvement or expansion of operations within the limits of the City, must comply with the procedures set forth in the City's Comprehensive Economic Development Policy. III. GENERAL GUIDELINES The Chapter 380 Incentive Program shall be administered in accordance with the City's Comprehensive Economic Development Policy and shall be subject to the General Guidelines contained therein, including the guidelines relating to the application procedure, impact analysis, negotiation process, and execution of agreements. Incentives may be in the form of grants, loans, use of City's personnel or services, or a combination thereof. A-1