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1995S2- ENTERPRISE ZONE ORDINANCE NO. tJS- s- c2- AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, NOMINATING AN AREA AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (CHAPTER 2303 OF THE GOVERNMENT CODE); DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT ON ALL MATTERS PERTAINING TO THE ZONE AND THE NOMINATION AND DESIGNATION OF THE NEW AREA DESCRIBED HEREIN AS AN ENTERPRISE AND REINVESTMENT ZONE; AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE THE ZONE IS DESIGNATED BY THE TEXAS DEPARTMENT OF COMMERCE. WHEREAS, the City Council of the City of Schertz, Texas 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 area; and WHEREAS, certain conditions represent a threat to the health, people of such area; and exist in such area which safety, and welfare of the WHEREAS, a public hearing was held on 6 February, 1995, to hear public comment; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 forth miles line, west C.R. THAT the City of Schertz hereby nominates that area set below as an Enterprise Zone. Starting at a point 0.60 northeast of Eckhardt Road on the Comal/Guadalupe County the zone goes north approximately 1.5 miles and curves to the Missouri-Pacific Railroad, then follows west to 1337 (Nacogdoches Street), and follows C.R. 1337 to 0.8 miles east of FM 2252, and follows the city limits south to the Missouri-Kansas Railroad, follows the rail to FM 2252, and follows south to 500 feet north of 1-35, and follows at that distance above 1-35 west to 1,000 feet east of FM 3009, and follows north to the Missouri-Pacific Railroad, and follows the rail west to 1,000 feet west of FM 3009, and follows south to the Missouri-Kansas Railroad, and follows west to 4,000 feet west of FM 3009, and follows south to 1-35, and follows west 0.3 miles, and turns south for 0.2 miles, and turns east and follows to 0.01 miles west of Plaza Street, and turns north to 100 feet south of 1-35, and follows east to 0.01 miles east of Cabana Street, and follows south 0.1 miles before turning east for 0.2 miles, and follows south 0.1 miles, and turns east 0.5 miles, and follows north to 1-35, and follows 1-35 northeast to 0.1 miles east of Weiderstein Road, and follows south for 0.6 miles, and turns east for 0.6 miles, and turns north for 0.3 miles, and turns west for 0.3 miles, and turns north to 1-35, and follows 1-35 east to 0.01 miles east of Holly Lane and follows south to the Comal/Guadalupe County line, and follows east to FM 1103, and follows north to 1-35, and follows east 0.25 miles, and follows south to the Comal/Guadalupe County line, and follows the county line to the original point (all figures are approximate). Section 2 THAT, the City Council finds the zone area meets the qualifications of the Act. Section 3 THAT, applicable applicable the City Council may provide to business enterprises in the throughout the City as follows: certain incentives zone which are not 1. The City may assist designated Enterprise Zone Businesses in applying for target grants and state funds. 2. The City will consider tax abatements under paragraph 8a(4) Enterprise Zones, as defined in the current, City approved, Tax Abatement and Reinvestment Zones Guidelines and Criteria. Section 4 THAT, the area described in this ordinance is designated as and enterprise zone and reinvestment zone, subject to the approval of the Texas Department of Commerce. -2- Section 5 THAT, the City Council directs and designates the City Manager, or his designee, as the City's authorized representative to the Texas Department of Commerce and to act in all matters and related documents pertaining to the nomination and designation of the area described in Section 2 of this ordinance as an enterprise zone and a reinvestment zone. Section 6 THAT, the City Council further designates the City Manager, or his designee, as the liaison for communications with the Department of Commerce to oversee zone activities and communications with qualified businesses. Section 7 THAT, a public hearing was ordinance on 6 February, 1995. held to consider this Section 8 THAT, this ordinance shall take effect from and after passage as the law provides. Approved on first reading the 7th day of February, 1995. ~ APPROVED AND -0 ,1995. ADOPTED this the L5tkay of -_.-~._~ ATTEST: ~a~ertz (SEAL OF CITY) -3- THE STATE OF TEXAS, PUBLISHER'S AFFIDAVIT . L j;Q-iJ~~ II v I %i-" ' 5 /.?--. ~ Ip(J- '/i Ll5 /. I'dlJVJ- 0 i~ioJ (t.~ J l~~dvf- & fo Y {Jtfl"' ,b4&' , County of Guadalupe Before me, the undersigned authority, on this date personally appeared I?o 4 f ,'/ k ; N <; known to me, who, being by me duly swom, on his oath deposes and says that he is the Advertising Director of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore- going ;/J 0 II c..E was published in said newspaper ~ times before the return day named therein, such publications being on the following dates: ~~ Iq t- ;,)..?;, 1,0Q5" and a newspaper copy of which is hereto attached. V~~6 Sworn to and subscribed before me, this ;;2 3 day 00..dMu /f 3- A.D., 19 95. ~~v /~-;--;r~~~'\l~ - 0.-'-" .....:<.' I, f~i/.,.J\ '(l \ MARGARET l... CLARKSON 1-' '0.-<;.' i NoIdry PUllik;, Sl;jlr: (:llej;I~; \ ,r.',.' ."". i My Comm!S.;.irJn Eli';iIIIlSJan 1<1,18'0(: l't(ir[-'Cf~'\'-,~f ,".....,............. "-rn~o~ .i ~~ Notary Public, Guadalupe County, Texas ORDINANCE 95-$-2 AN ORDINANCE BY THE CITY COUNqlL OF THE CITY OF SCHERTZ, TEXAS, NOMINATION AN AREA AS AN ENTER- PRISE ZONE PURSUANT TO THE TEXAS ENTER- PRISE ZONE ACT (CHAP- TER 2303 OF THE GOV- ERNMENT COOE); DES- IGNATING AN AUTHOR- IZED REPRESENTATIVE TO ACT ON ALL MATTER PERTAINING TO THE ZONE AND THE NOMI- NATION AND DESIGNA- TION OF THE NEW AREA DESCRIBED HEREIN AS AN ENTERPRISE AND REINVESTMENT ZONE; AND FURTHER DESIG- NATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE EN- TERPRISE ZONE ACT ONCE THE ZONE IS DES- IGNATED BY THE TEXAS DEPARTMENT OF COM- MERCE, PASSED, APPROVED AND ADOPTED the 15th day of February, 1995. Nanna Althouse, City Secretary I 'ORDINANCE 95-$-2 AN ORDINANCE BY THE CITY' COONe\\.. OF THE CITY OF SCHERTZ, TEXAS, NOMINATION AN AREA AS AN ENTER- PRISE ZONE PURSUANT TO THE TEXAS ENTER- PRISE ZONE ACT (CHAP- TER 2303 OF THE GOV- ERNMENT CODE); DES- IGNATING AN AUTHOR- IZED REPRESENTATIVE TO ACT ON ALL MATTER PERTAINING TO THE ZONE AND THE NOMI- NATION AND DESIGNA- TION OF THE NEW AREA DESCRIBED HEREIN AS AN ENTERPRISE AND REINVESTMENT ZONE; AND FURTHER DESIG- NATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE EN- TERPRISE ZONE ACT ONCE THE ZONE IS DES- IGNATED BY THE TEXAS DEPARTMENT OF COM- MERCE. PASSED, APPROVED AND ADOPTED the 15th day of February, 1995. Norma Althouse, City Secretary THE STATE OF TEXAS, ()f-/]~r "I) ~ .' </1 ,1l~ I . vj!.- (\ : ) ; ~JJ;:)y~~ 0 II! '~!rv{); 1)' r.,; . . I .1 ". ~./)lj.. --1 pi 4h~O, rd !I" .IlJ- r PUBLISHER'S AFFIDAVIT County of Guadalupe Before me, the undersigned authority, on this date personally appeared ~N r; ( k i "" s known to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore- going.AlO 7jc. $- was published in said newspaper"< times before the return day named therein, such publications being on the following dates: -=;~d /0-+ 1f.,/"79S I and a newspaper copy of which is hereto attached. ~~~ Sworn to and subscribed before me, this ~O day of ~.d...rt.u.~_A.D., 19 9.5. -"'~ /,."I'<YPu".', ,,<"1....,',.-..."'('./ f~~" A.-,'c~\ MARGARET L. CLAAKSON ~ ., ~'\/7 . ! N(Jlary PutJt~;. Snte r.f Icy;!;. ~t-, V~i J MyCOfllmisslflnElqIlfeSJan 14,1998 I,..r",._.."..............",.?' I'l,'f OF'~"_: \,,-..-....... '/h~b<.r/ Ct,.~ Notary Public, Guadalupe County, Texas I AN ORDINANCE By the City Council of the City of Schertz, Texas, nominating an area 85 an enterprise zone pursuant to the Te..s Enterprise Zone Act (Chapter 2303 of the government code); desig- nating an authorized repre- sentative to act on all mat- ters pertaining to the- zone and the nomination and designation of the new area described herein as an enterprise and reinvestment zone; and further designation a liaison to act on all matters pertaining to the enterprise zone act once the zone is de5igna1ed by the Texas Department of Commerce. Approved on first reading the 7th day of Febru'ary, 1995. Nanna Althouse, City Secretary 11 0 _og ,I NotICes -- ----~ AN ORDINANCE By the City Council of the City of Schertz, Texas, nominating an area as an ehterprise zone pursuant to the Texas Enterprise Zone Act (Chapter 2303 of lhe government code); desig- nating an authorized repre- sentative to act on all mat- ters pertaining to the zone and the nomination and designation of the new area described herein as an enterprise and reinvestment zone; and further designation a liaison to act on aU matters pertaining to the enterprise zone act once the zone is designated by the Texas Department of Commerce.Approved on first reading the 7th day of February, 1995. Nonna Althouse, City Secretary. 1400 SQIERTZ PARKWAY P. O. DRAWER I SCHERT7~ TEXAS 78154-0890 AC (210) 658-3510 FAX (210) 659-3204 KERRY R. SWEA IT OTY MANAGER April 24, 1995 Mr Dan Wattles Coordinator Texas Enterprise Zone Program Department of Commerce P.O. Box 12728 Austin, Texas 78711-2728 Re: April 13, 1995 Letter - Agreement for Designation of an Enterprise Zone Mr. Wattles: Enclosed is a signed copy of the agreement referred to above, a copy of city Ordinance No. 95-S-2, and a certification by the city secretary regarding the ordinance. Attached is a list of corrections to the Enterprise Zone listing which was provided to us by Facsimile dated April 18, 1995. Please note the corrections relate to benefits available to the Schertz Enterprise Zone. Please let me know if we may furnish other information or be of assistance in any way. Thank you. K R. Sweatt City Manager KRS:db Encl: As stated RECEIVED APR 1 g 1995 ....i'...:\:j':.(j;.:. . , (~.'.'~' ~,"/;,:-. (~'r~ ',' \~.~ .~ . . ,e ," . --' ,,-, .-' . . " ' '. /.' ~ . . -.. . April 13, 1995 STATE OF TEXAS DEPARTMENT OF COMMERCE The Honorable Hal Baldwin Mayor, City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Dear Mayor Baldwin: I am pleased to inform you that the application nominating an area of Schertz as the City of Schertz Enterprise Zone has been approved by the executive director of the Texas Department of Commerce (Commerce). Your official enterprise zone number is EZ167-041195-S. Please use this number on future reports or documents filed with regard to your enterprise zone. Two original copies of the agreement that specify the terms for the City of Schertz Enterprise Zone are enclosed with this letter. Sign both copies of the agreement and return one copy to us for our files. This agreement, once it has been signed by all parties, will officially designate the zone. Commerce's copy must be received in our office by April 27, 1995 or the zone will be considered null and void. Also enclosed for your review is a copy of the state matrix of Texas enterprise zones. Please check the data as provided on Schertz for accuracy and return the matrix to us with any changes when you return Commerce's copy of the agreement. With a copy of this letter we are sending Mark Marquez, as designated liaison for your zone, the forms necessary to nominate a qualified business for enterprise project status. Your effort to complete the enterprise zone nomination process is appreciated. I look forward to working with you to accomplish your economic objectives. ~ ,w~~ Texas Enterprise Zone Program DW:bc Enclosure cc: Mark Marquez Judy Knox Post Office Box 12728' Austin, Texas 78711-2728' 512/472-5059 TDD: 512/320-9698 . Relay Texas Line: 800/735-2988 Printed on Recyded Paper ." AGREEMENT FOR DESIGNATION OF AN ENTERPRISE ZONE STATE OF TEXAS ~ COUNTY OF TRAVIS ~ THIS AGREEMENT is made and entered into this 11th day of April , 1995, by and between the Texas Department of Commerce, an agency of the State of Texas, hereinafter referred to as "Department" and the City of Schertz, Texas hereinafter referred to as "Unit." WITNES SETH: WHEREAS, the public policy of this state is to provide the people of this state with the necessary means to assist communities, their residents, and the private sector to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located ill severely distressed areas arid to provide employment to residents of those areas; WHEREAS, the objective of the Texas Enterprise Zone Act, Texas Government Code, Chapter 2303 (the Act) is to provide appropriate investments, tax benefits, and regulatory relief to encourage the business community to commit its financial participation; WHEREAS, the revitalization of enterprise zones through the concerted efforts of government and private sector is declared a public purpose; WHEREAS, Unit requested Department to designate an area within its jurisdiction as an enterprise zone, which is described in Exhibit A and Exhibit B attached hereto; WHEREAS, Unit filed its application on December 29, 1994, with Department for designation of an enterprise zone pursuant to the Act for the purpose of revitalizing the area described herein; WHEREAS, the governing body of Unit adopted an ordinance on February 15, 1995, following a public hearing, to nominate the area and made the necessary finding that the zone area meets the criteria for designation as an enterprise zone as set forth in the Act; WHEREAS, the Executive Director acting on behalf of Department authorized and approved the designation of the enterprise zone on April 11 , 1995, under the terms and conditions of the Act and those set forth herein; WHEREAS, Unit has entered or will enter into agreements with Qualified Businesses, as defined in the Act and as further defined in its nominating ordinance, in which the Qualified Businesses agree to maintain their status as Qualified Businesses in order to benefit from the local incentives available and in which Unit provides for certain local incentives, pursuant to the terms of the Act; NOW THEREFORE, in consideration of the respective representations and agreements herein contained, the parties hereto agree as follows: 1. REPRESENTATIONS. Department and Unit represent and warrant, as applicable, the following: Page lof5 (a) Findin<T.. Based upon the representations made by Unit, Department hereby reaffirms previous findings that the zone area meets the criteria for designation as an enterprise zone as set forth in the Act. (b) Desil7Jlotion of Enternrise Zone. Department hereby designates the area described in Exhibit A and Exhibit B attached hereto as an enterprise zone, known as the City of Schertz Enterprise Zone, sometimes referred to herein as the Zone. (c) Period of Zone Desilmation. The Zone shall take effect on April 11 1995, and terminate on September 1, 2002, unless otherwise specifically provided by the terms of this Agreement. Department may remove the designation, following a public hearing, if the area no longer meets the criteria for designation as set out in the Act or by Department rule or if Department determines that the governing body has not complied with commitments made in the nominating ordinance. Cd) Zone Liaison. Unit has designated its city manager, or his designee, as liaison to communicate and negotiate with Department, enterprise projects, Qualified Businesses, and other entities in or affected by the Zone. (e) Data Submitted. Unit further represents that the data provided to Department is accurate and current as of the date of application; and that there has been no material adverse change in the affairs of Unit. 2. PERFORMANCE. Unit represents and warrants that it will provide all tax relief and other incentives or benefits described in its application for zone designation including, but not limited to the following: Unit will consider tax abatements under paragraph 8a(4) Enterprise Zones, as defined in the current, City approved, Tax Abatement and Reinvestment Zones Guidelines and Criteria. 3. REPORTING REQUIREMENTS_ Unit shall submit to Department no later than October 1 of each year an annual report of the progress, in narrative form, of activities within the Zone. This report shall be in a format prescribed by Department and shaH include the information specified in Section 2303.205 of the Act. If such report is not received by the deadline, Department may, foHowing a public hearing, terminate the designation of the zone. 4. MONITORING_ (a) Unit shall furnish additional information, reports or statements as Department may from time to time request in connection with this Agreement. In order to verify data relating to employment and purchases of equipment, machinery or building materials sold to an enterprise project, Unit and Qualified Businesses must permit on reasonable notice a representative of Department, State Auditor or State ComptroHer's Office to inspect the books, records, and properties of Unit and of each Qualified Business at reasonable times and to make copies and abstracts of such books and records and any documents relating to such data. Unit shaH include the substance of this section in aH agreements with Qualified Businesses executed under the provisions of the Act. (b) After each monitoring visit, Department shall provide Unit with a written report of the monitor's findings within sixty (60) days. If the monitoring reports note deficiencies in Unit's performance, the report shall include requirements for timely correction of such deficiencies by Unit. Failure by Unit to take action specified in the monitoring report may be cause for termination of this Agreement, as provided herein. 5. CONFLICT OF INTEREST. (a) Unit covenants that neither it nor any member of its governing body presently has any interest or shaH acquire any interest, direct or indirect, which Page 2of5 could conflict in any manner or degree with the performance of this Agreement. Unit further covenants that in the performance of this Agreement no person having such interest shall be employed or appointed by it. (b) Unit's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Qualified Businesses or potential Qualified Businesses. (c) Unit shall comply with all terms and provisions of Texas Local Government Code, Chapter 171. 6. LEGAL AUTHORITY_ (a) Unit represents and warrants that it possesses the legal authority to enter into this Agreement and to perform the services it has obligated itself to perform hereunder. (b) The person or persons signing and executing this Agreement on behalf of Unit, or representing themselves as signing and executing this Agreement on behalf of such entity, do hereby represent and warrant and guarantee that he, she or they have been duly authorized by such entity to 'execute this Agreement on behalf of such entity and to validly and legally bind such entity to all terms, performances, and provisions herein set forth. (c) Department shall have the right to terminate this Agreement if there is a dispute as to the legal authority of Unit or the person signing this Agreement to enter into this Agreement or to render performances hereunder, and the conclusion of that dispute is that Unit or such person signing did not have such authority. 7. CHANGES AND AMENDMENTS. (a) Except as specifically provided otherwise in this Agreement, any alterations, additions, or deletions to the terms of this Agreement shall be by amendment hereto in writing and executed by all parties to this Agreement. (b) It is understood and agreed by the parties hereto that performances under this Agreement must be rendered in accordance with the Act, the regulations promulgated under the Act, and the assurances and certifications made to Department by Unit with regard to the operation of the Texas Enterprise Zone Program. Based on these considerations, and in order to ensure the legal and effective performances under this Agreement by both parties, it is agreed by the parties hereto that the performances under this Agreement are amended by rules or policy directives promulgated by Department which serve to establish, interpret, or clarify performance requirements under this Agreement. Policy directives and rule amendments shall not alter the terms of this Agreement so as to release Department of any obligation specified herein. (c) Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal or state law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulations. Department hereby agrees to notify Unit in writing of any such alterations, additions or deletions of which it has knowledge within sixty (60) days of acquiring that knowledge. 8. TERMINATION. (a) Department shall have the right to terminate this Agreement, in whole or in part, at any time before the date of completion specified in Paragraph 1 (c) of this Agreement whenever Department determines that Unit has failed to comply with any provision of the Act or Texas Enterprise Program Rules. Department shall notify Unit in writing prior to the sixtieth (60th) day preceding the date of termination ofsuch determination, the reasons for such termination, the effective date of such termination, and in the case of partial termination, Page 3 of5 the portion of the Agreement to be terminated. In the case of termination in whole, or in part, Department shall conduct a public hearing prior to the effective date of termination. (b) All of the parties to this Agreement shall have the right to terminate this Agreement, in whole or in part, when all parties agree that the continuation of the activities allowed under this Agreement would not produce beneficial results, provided that all parties agree in writing upon the termination conditions, including the effective date of such termination; and in the case of partial termination, the portion of the Agreement to be terminated. A public notice of termination of this Agreement shall also be published by Unit in a local newspaper covering jurisdiction of Unit. 9. NOTICES. Unless otherwise specifically provided herein, any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when the same are: (i) deposited in the United States mail and sent by first class mail, postage prepaid; or (ii) delivered in each case to the parties at the addresses set forth below or at such other address as a party may designate by notice to the other parties. If to Unit: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attn: Hal Baldwin, Mayor and If to Department: Texas Department of Commerce 1700 Congress Avenue Post Office Box 12728 Austin, Texas 78711 Attn: Executive Director 10. OTHER AGREEMENTS. All oral and written agreements among the parties to this Agreement relating to the subject matter of this Agreement that were made prior to the execution of this Agreement have been reduced to writing and are contained in this Agreement. 11. SEVERABILITY. If any provision of this Agreement shall for any reason be held invalid, illegal, or unenforceable, it is the intent of the parties hereto that the remaining provisions of this Agreement shall be construed and enforced to the full extent permitted at law or in equity. 12. COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 13. ATTACHMENTS. The attachments enumerated and denominated below are hereby made a part of this agreement, and constitute promised performances by Unit in accordance with this agreement. Page 4 of5 , . (1) Exhibit A, Legal Description of the Zone; and (2) Exhibit B, Map, Witness our hands effective this 11 th day of April . 1995, CITY OF SCHERTZ, TEXAS TEXAS DEPARTMENT OF COMMERCE BY: ITS: BY: ITS: Page 5of5 ~+~ Brenda F, Arnett Executive Director EXHIBIT A City of Schertz THAT the City of Schertz hereby nominates that area set forth below as an Enterprise Zone. Starting at a point 0.60 miles northeast of Eckhardt Road on the comal/Guadalupe County line, the zone goes north approximately 1.5 miles and curves west to the Missouri-Pacific Railroad, then follows west to C.R. 1337 (Nacogdoches Street), and follows C.R. 1337 to 0.8 miles east of FM 2252, and follows the city limits south to the Missouri-Kansas Railroad, follows the rail to FM 2252, and follows south to 500 feet north of 1-35, and follows at that distance above 1-35 west to 1,000 feet east of FM 3009, and follows north to the Missouri-Pacific Railroad, and follows the rail west to 1,000 feet west of FM 3009, and follows south to the Missouri-Kansas Railroad, and follows west to 4,000 feet west of FM 3009, and follows south to 1-35, and follows west 0.3 miles, and turns south for 0.2 miles, and turns east and follows to 0.01 miles west of Plaza Street, and turns north to 100 feet south of 1-35, and follows east to 0.01 miles east of Cabana Street, and follows south 0.1 miles before turning east for 0.2 miles, and follows south 0.1 miles, and turns east 0.5 miles, and follows north to 1-35, and follows 1-35 northeast to 0.1 miles east of Weiderstein Road, and follows south for 0.6 miles, and turns east for 0.6 miles, and turns north for 0.3 miles, and turns west for 0.3 miles, and turns north to 1-35, and follows 1-35 east to 0.01 miles east of Holly Lane and follows south to the Comal/Guadalupe County line, and follows east to FM 1103, and follows north to 1-35, and follows east 0.25 miles, and follows south to the Comal/Guadalupe County line, and follows the county line to the original point (all figures are approximate). Page I of I ,.' \ . " ",',' ,~;",!t '."~' I '..'i": EXHIBIT B "\ \ ~.... \ "'" , \ \~ .,....'6 'Z'~~ 6 0- cO :\ ~ 4- 4. " " 4- 3\'3 ~ . ) THE STATE OF TEXAS } COUNTIES OF GUADALUPE, BEXAR AND COMAL } CITY OF SCHERTZ } , I, ~A'fA./~ City Secretary in and for the City of Schertz, Texas, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. tJs-s- ;L , passed by the City Council at a 4nJ~L Id~ ...fii~ ' 19 tJ5: at meeting was at all times open of the City of Schertz, Texas, the /621- day of ;:; M., which meeting held on 7:00 o'clock to the public, as such ordinance appears of record in Book ~O of the minutes of said City Council; and that I am the lawful possessor and custodian of such books and records for such City. I FURTHER CERTIFY that the public notice of the time, place and purpose of said meeting was posted in accordance with V.T.C.A., Government Code, Section 551.041. WITNESS MY HAND AND SEAL OF SAID CITY on this, the 16tiday of mM-cL , 19 .if:. ~~ City Secretary (SEAL OF CITY) .. ORDINANCE NO. fS- S- ;;L AN ORpINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, NOMINATING AN AREA AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (CHAPTER 2303 OF THE GOVERNMENT CODE); DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT ON ALL MATTERS PERTAINING TO THE ZONE AND THE NOMINATION AND DESIGNATION OF THE NEW AREA DESCRIBED HEREIN AS AN ENTERPRISE AND REINVESTMENT ZONE; AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE THE ZONE IS DESIGNATED BY THE TEXAS DEPARTMENT OF COMMERCE. WHEREAS, the City Council of the City of Schertz, Texas 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 area; and WHEREAS, certain conditions represent a threat to the health, people of such area; and exist in such area which safety, and welfare of the WHEREAS, a public hearing was held on 6 February, 1995, to hear public comment; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 forth miles line, west C.R. THAT the City of Schertz hereby nominates that area set below as an Enterprise Zone. Starting at a point 0.60 northeast of Eckhardt Road on the Comal/Guadalupe County the zone goes north approximately 1.5 miles and curves to the Missouri-Pacific Railroad, then follows west to 1337 (Nacogdoches Street), and follows C.R. 1337 to 0.8 miles east of FM 2252, and follows the city limits south to the Missouri-Kansas Railroad, follows the rail to FM 2252, and follows south to 500 feet north of 1-35, and follows at that distance above 1-35 west to 1,000 feet east of FM 3009, and follows north to the Missouri-Pacific Railroad, and follows the rail west to 1,000 feet west of FM 3009, and follows south to the Missouri-Kansas Railroad, and follows west to 4,000 feet west of FM 3009, and follows south to 1-35, and follows west 0.3 miles, and turns south for 0.2 miles, and turns east and follows to 0.01 miles west of Plaza Street, and turns north to 100 feet south of 1-35, and follows east to 0.01 miles east of Cabana Street, and follows south 0.1 miles before turning east for 0.2 miles, and follows south 0.1 miles, and turns east 0.5 miles, and follows north to 1-35, and follows 1-35 northeast to 0.1 miles east of Weiderstein Road, and follows south for 0.6 miles, and turns east for 0.6 miles, and turns north for 0.3 miles, and turns west for 0.3 miles, and turns north to 1-35, and follows 1-35 east to 0.01 miles east of Holly Lane and follows south to the Comal/Gua?alupe County line, and follows east to FM 1103, and follows north to 1-35, and follows east 0.25 miles, and follows south to the Comal/Guadalupe County line, and follows the county line to the original point (all figures are approximate). Section 2 THAT, the City Council finds the zone area meets the qualifications of the Act. Section 3 THAT, applicable applicable the City Council may provide to business enterprises in the throughout the City as follows: certain incentives zone which are not 1. The City may assist designated Enterprise Zone Businesses in applying for target grants and state funds. 2. The City will consider tax abatements under paragraph 8a(4) Enterprise Zones, as defined in the current, City approved, Tax Abatement and Reinvestment Zones Guidelines and Criteria. Section 4 THAT, the area described in this ordinance is designated as and enterprise zone and reinvestment zone, subject to the approval of the Texas Department of Commerce. -2- ~ Section 5 THAT, the City Council directs and designates the City Manager, or his designee, as the City's authorized representative to the Texas Department of Commerce and to act in all matters and related documents pertaining to the nomination and designation of the area described in Section 2 of this ordinance as an enterprise zone and a reinvestment zone. Section 6 THAT, the City Council further designates the City Manager, or his designee, as the liaison for communications with the Department of Commerce to oversee zone activities and communications with qualified businesses. Section 7 THAT, a public hearing was ordinance on 6 February, 1995. held to consider this Section 8 THAT, this ordinance shall take effect from and after passage as the law provides. Approved on first reading the 7th day of February, 1995. ~ APPROVED AND 7 ,1995. ADOPTED this the LStkay of ATTEST: ~~ Cit Secretary, City of Schertz (SEAL OF CITY) -3- Benefits Available in the Schertz Enterprise Zone A review of the table that identifies the Schertz Enterprise Zone and benefits available within the zone is missing what we believe are key benefits. What follows is a representation of benefits available in the Schertz Enterprise Zone. A. Industrial Parks. The Schertz Enterprise Zone contains a fully developed 241 acre industrial park know as the Tri-County Industrial and Business Park. C. Tax Abatement. The City of Schertz has special provisions in its Tax Abatement program for businesses in an Enterprise Zone. E. Freeport Exemptions. Enterprise Zone enjoy triple and School Districts). All areas within the Schertz Freeport exemptions (City, County, L. Streamlined Permitting. We offer literal one stop service and single point of contact service to all. M. Recycling Market Development Zone. Our tax program contains special provisions for those involved in recycling. abatement companies Q. the area Job Training. Job Training programs are available through JTPA program as well as special arrangements with local Junior and Vocational Colleges. T. Area Specific Unique Incentives. A Foreign Trade Zone exists within the Schertz Enterprise Zone. In addition, the city is eligible for project specific grants from the State of Texas Capital Fund. U. Enterprise Project Eligible Zone. For those businesses that qualify for enterprise zone projects. AGREEMENT FOR DESIGNATION OF AN ENTERPRISE ZONE STATE OF TEXAS ~ COUNTY OF TRAVIS ~ THIS AGREEMENT is made and entered into this 11th day of April , 1995, by and between the Texas Department of Commerce, an agency of the State of Texas, hereinafter referred to as "Department" and the City of Schertz, Texas hereinafter referred to as "Unit." WITNES SETH: WHEREAS, the public policy of this state is to provide the people ofthis state with the necessary means to assist communities, their residents, and the private sector to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas and to provide employment to residents of those areas; WHEREAS, the objective of the Texas Enterprise Zone Act, Texas Government Code, Chapter 2303 (the Act) is to provide appropriate investments, tax benefits, and regulatory relief to encourage the business community to commit its financial participation; WHEREAS, the revitalization of enterprise zones through the concerted efforts of government and private sector is declared a public purpose; WHEREAS, Unit requested Department to designate an area within its jurisdiction as an enterprise zone, which is described in Exhibit A and Exhibit B attached hereto; WHEREAS, Unit filed its application on December 29, 1994, with Department for designation of an enterprise zone pursuant to the Act for the purpose of revitalizing the area described herein; WHEREAS, the governing body of Unit adopted an ordinance on February 15, 1995, following a public hearing, to nominate the area and made the necessary finding that the zone area meets the criteria for designation as an enterprise zone as set forth in the Act; WHEREAS, the Executive Director acting on behalf of Department authorized and approved the designation of the enterprise zone on April 11 , 1995, under the terms and conditions of the Act and those set forth herein; WHEREAS, Unit has entered or will enter into agreements with Qualified Businesses, as defined in the Act and as further defined in its nominating ordinance, in which the Qualified Businesses agree to maintain their status as Qualified Businesses in order to benefit from the local incentives available and in which Unit provides for certain local incentives, pursuant to the terms of the Act; NOW THEREFORE, in consideration of the respective representations and agreements herein contained, the parties hereto agree as follows: 1. REPRESENTATIONS. Department and Unit represent and warrant, as applicable, the following: Page lof5 (a) Findinp"s. Based upon the representations made by Unit, Department hereby reaffirms previous findings that the zone area meets the criteria for designation as an enterprise zone as set forth in the Act. (b) DesiP"llation of Enternrise Zone. Department hereby designates the area described in Exhibit A and Exhibit B attached hereto as an enterprise zone, known as the City of Schertz Enterprise Zone, sometimes referred to herein as the Zone. (c) Period of Zone DesiP"llat.ion. The Zone shall take effect on Aoril 1] . 1995, and terminate on September 1, 2002, unless otherwise specifically provided by the terms of this Agreement. Department may remove the designation, following a public hearing, if the area no longer meets the criteria for designation as set out in the Act or by Department rule or if Department determines that the governing body has not complied with commitments made in the nominating ordinance. (d) Zone Liaison. Unit has designated its city manager, or his designee, as liaison to communicate and negotiate with Department, enterprise projects, Qualified Businesses, and other entities in or affected by the Zone. (e) Data Submitted. Unit further represents that the data provided to Department is accurate and current as of the date of application; and that tbere has been no material adverse change in the affairs of Unit. 2. PERFORMANCE. Unit represents and warrants that it will provide all tax relief and other incentives or benefits described in its application for zone designation including, but not limited to the following: Unit will consider tax abatements under paragraph 8a(4) Enterprise Zones, as defined in the current, City approved, Tax Abatement and Reinvestment Zones Guidelines and Criteria. 3. REPORTING REQUIREMENTS. Unit shall submit to Department no later than October 1 of each year an annual report of the progress, in narrative form, of activities within the Zone. This report shall be in a format prescribed by Department and shall include the information specified in Section 2303.205 of the Act. If such report is not received by the deadline, Department may, following a public hearing, terminate the designation of the zone. 4. MONITORING. (a) Unit shall furnish additional information, reports or statements as Department may from time to time request in connection with this Agreement. In order to verify data relating to employment and purchases of equipment, machinery or building materials sold to an enterprise project, Unit and Qualified Businesses must permit on reasonable notice a representative of Department, State Auditor or State Comptroller's Office to inspect the books, records, and properties of Unit and of each Qualified Business at reasonable times and to make copies and abstracts of such books and records and any documents relating to such data. Unit shall include the substance of this section in all agreements with Qualified Businesses executed under the provisions of the Act. (b) After each monitoring visit, Department shall provide Unit with a written report of the monitor's findings within sixty (60) days. If the monitoring reports note deficiencies in Unit's performance, the report shall include requirements for timely correction of such deficiencies by Unit. Failure by Unit to take action specified in the monitoring report may be cause for termination of this Agreement, as provided herein. 5. CONFLICT OF INTEREST. (a) Unit covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which Page 20f5 could conflict in any manner or degree with the performance of this Agreement. Unit further covenants that in the performance of this Agreement no person having such interest shall be employed or appointed by it. (b) Unit's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Qualified Businesses or potential Qualified Businesses. (c) Unit shall comply with all terms and provisions of Texas Local Government Code, Chapter 171. 6. LEGAL AUTHORITY. (a) Unit represents and warrants that it possesses the legal authority to enter into this Agreement and to perform the services it has obligated itself to perform hereunder. (b) The person or persons signing and executing this Agreement on behalf of Unit, or representing themselves as signing and executing this Agreement on behalf of such entity, do hereby represent and warrant and guarantee that he, she or they have been duly authorized by such entity to execute this Agreement on behalf of such entity and to validly and legally bind such entity to all terms, performances, and provisions herein set forth. (c) Department shall have the right to terminate this Agreement if there is a dispute as to the legal authority of Unit or the person signing this Agreement to enter into this Agreement or to render perfQrmances hereunder, and the conclusion of that dispute is that Unit or such person signing did not have such authority. 7. CHANGES AND AMENDMENTS (a) Except as specifically provided otherwise in this Agreement, any alterations, additions, or deletions to the terms of this Agreement shall be by amendment hereto in writing and executed by all parties to this Agreement. (b) It is understood and agreed by the parties hereto that performances under this Agreement must be rendered in accordance with the Act, the regulations promulgated under the Act, and the assurances and certifications made to Department by Unit with regard to the operation of the Texas Enterprise Zone Program. Based on these considerations, and in order to ensure the legal and effective performances under this Agreement by both parties, it is agreed by the parties hereto that the performances under this Agreement are amended by rules or policy directives promulgated by Department which serve to establish, interpret, or clarify performance requirements under this Agreement. Policy directives and rule amendments shall not alter the terms of this Agreement so as to release Department of any obligation specified herein. (c) Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal or state law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulations. Department hereby agrees to notify Unit in writing of any such alterations, additions or deletions of which it has knowledge within sixty (60) days of acquiring that knowledge. 8. TERMINATION. (a) Department shall have the right to terminate this Agreement, in whole or in part, at any time before the date of completion specified in Paragraph 1 (c) of this Agreement whenever Department determines that Unit has failed to comply with any provision of the Act or Texas Enterprise Program Rules. Department shall notify Unit in writing prior to the sixtieth (60th) day preceding the date of termination of such determination, the reasons for such termination, the effective date of such termination, and in the case of partial termination, Page 3 of5 the portion of the Agreement to be terminated. In the case of termination in whole, or in part, Department shall conduct a public hearing prior to the effective date of termination. (b) All of the parties to this Agreement shall have the right to terminate this Agreement, in whole or in part, when all parties agree that the continuation of the activities allowed under this Agreement would not produce beneficial results, provided that all parties agree in writing upon the termination conditions, including the effective date of such termination; and in the case of partial termination, the portion of the Agreement to be terminated. A public notice of termination of this Agreement shall also be published by Unit in a local newspaper covering jurisdiction of Unit. 9. NOTICES. Unless otherwise specifically provided herein, any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when the same are: (i) deposited in the United States mail and sent by first class mail, postage prepaid; or (ii) delivered in each case to the parties at the addresses set forth below or at such other address as a party may designate by notice to the other parties. If to Unit: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attn: Hal Baldwin, Mayor and If to Department: Texas Department of Commerce 1700 Congress Avenue Post Office Box 12728 Austin, Texas 78711 Attn: Executive Director 10. OTHER AGREEMENTS. All oral and written agreements among the parties to this Agreement relating to the subject matter of this Agreement that were made prior to the execution of this Agreement have been reduced to writing and are contained in this Agreement. 11. SEVERABIUTY_ If any provision of this Agreement shall for any reason be held invalid, illegal, or unenforceable, it is the intent of the parties hereto that the remaining provisions of this Agreement shall be construed and enforced to the full extent permitted at law or in equity. 12. COlTNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 13. ATTACHMENTS. The attachments enumerated and denominated below are hereby made a part of this agreement, and constitute promised performances by Unit in accordance with this agreement. Page 4 of5 I (1) Exhibit A, Legal Description of the Zone; and (2) Exhibit B, Map. Witness our hands effective this 11th day of April 1995. CITY OF SCHERTZ, TEXAS TEXAS DEPARTMENT OF COMMERCE BY: ~~/ ITS: City Manager BY: f:::::!1l ~ ITS: Executive Director Page 5 of5 I EXHIBIT A City of Schertz THAT the City of Schertz hereby nominates that area set forth below as an Enterprise Zone. Starting at a point 0.60 miles northeast of Eckhardt Road on the Comal/Guadalupe County line, the zone goes north approximately 1.5 miles and curves west to the Missouri-Pacific Railroad, then follows west to C.R. 1337 (Nacogdoches Street), and follows C.R. 1337 to 0.8 miles east of FM 2252, and follows the city limits south to the Missouri-Kansas Railroad, follows the rail to FM 2252, and follows south to 500 feet north of 1-35, and follows at that distance above 1-35 west to 1,000 feet east of FM 3009, and follows north to the Missouri-Pacific Railroad, and follows the rail west to 1,000 feet west of FM 3009, and follows south to the Missouri-Kansas Railroad, and follows west to 4,000 feet west of FM 3009, and follows south to 1-35, and follows west 0.3 miles, and turns south for 0.2 miles, and turns east and follows to 0.01 miles west of Plaza Street, and turns north to 100 feet south of 1-35, and follows east to 0.01 miles east of Cabana Street, and follows south 0.1 miles before turning east for 0.2 miles, and follows south 0.1 miles, and turns east 0.5 miles, and follows north to 1-35, and follows 1-35 northeast to 0.1 miles east of Weiderstein Road, and follows south for 0.6 miles, and turns east for 0.6 miles, and turns north for 0.3 miles, and turns west for 0.3 miles, and turns north to 1-35, and follows 1-35 east to 0.01 miles east of Holly Lane and follows south to the Comal/Guadalupe County line, and follows east to FM 1103, and follows north to 1-35, and follows east 0.25 miles, and follows south to the Comal/Guadalupe County line, and follows the county line to the original point (all figures are approximate). Page I of I I EXHIBIT B I' , ,. ''i. \~% u co' 23 5' ~ u' " is \ ~\ ,,- ~ ~ "" \ "" c' \ ~'\ ~ I,. \~ '0 ~'~':., co 0- S 1 i 'l 5 ~ u, , I Benefits Available in the Schertz Enterprise Zone A review of the table that identifies the Schertz Enterprise Zone and benefits available within the zone is missing what we believe are key benefits. What follows is a representation of benefits available in the Schertz Enterprise Zone. A. Industrial Parks. The Schertz Enterprise Zone contains a fully developed 241 acre industrial park know as the Tri-County Industrial and Business Park. C. Tax in its Zone. Abatement. The City of Schertz has special provisions Tax Abatement program for businesses in an Enterprise E. Freeport Exemptions. Enterprise Zone enjoy triple and School Districts). All areas within the Schertz Freeport exemptions (City, county, L. Streamlined Permitting. We offer literal one stop service and single point of contact service to all. M. Recycling Market Development Zone. Our tax program contains special provisions for those involved in recycling. abatement companies Q. the area Job Training. Job Training programs are available through JTPA program as well as special arrangements with local Junior and Vocational Colleges. T. Area Specific Unique Incentives. exists within the Schertz Enterprise city is eligible for project specific Texas Capital Fund. A Foreign Trade Zone Zone. In addition, the grants from the State of U. Enterprise Project Eligible Zone. For those businesses that qualify for enterprise zone projects.