HomeMy Public PortalAboutOrdinance No. 1131-08 12-09-2008 1131-08
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE RE-ADOPTING AND AMENDING THE GUIDELINES
AND CRITERIA FOR THE ECONOMIC DEVELOPMENT INCENTIVES
PROGRAM, INCLUDING TAX ABATEMENT AGREEMENTS, WITHIN
THE CITY OF RICHLAND HILLS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS
REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, economic development through the creation of a new industry and expansion
of existing industry that results in new wealth and/or job opportunities is important for the well
being and health of the local economy; and
WHEREAS, the City of Richland Hills must compete with other localities throughout the
United States currently offering economic development incentives and other tax incentives to attract
new facilities and plant modernization projects; and
WHEREAS, the abatement of property taxes, when offered to attract businesses which bring
in money from outside a community instead of merely recirculating dollars within a community, has
been shown to be an effective method of enhancing and diversifying an area's economy; and
WHEREAS, Chapter 312 of the Texas Tax Code requires any eligible taxing jurisdiction
to establish Guidelines and Criteria as to eligibility for tax abatement agreements prior to granting
of any future tax abatement or creation of a reinvestment zone; and
WHEREAS, the City Council has previously adopted guidelines and criteria, but more than
two years have elapsed since such action; and
WHEREAS, Chapter 312 of the Texas Tax Code provides that such guidelines and criteria
are effective for at most two years, so that the guidelines and criteria previously adopted have
expired; and
WHEREAS, the City Council now desires to adopt amended tax abatement guidelines and
criteria;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
ESTABLISHMENT OF GUIDELINES AND CRITERIA
The City Council hereby establishes the guidelines and criteria governing economic
development incentives and other property tax abatement agreements as set forth on Exhibit "A" to
this ordinance as the City of Richland Hills Tax Abatement Guidelines and Criteria.
SECTION 2.
TIME LIMITATION
The guidelines and criteria shall be effective for two (2) years from the date of adoption,
provided, however, that the guidelines and criteria may be earlier amended, modified or repealed
as allowed by state law.
SECTION 3.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
SECTION 4.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this
ordinance are indirect conflict with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 5.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON THIS ` DAY OF , 2008.
ONORABLE DA I . RAGAN, MAYOR
ATTEST:
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TIM G. SRALLA, CITY ATTORNEY
ORDINANCE RE-ADOPTING AND AMENDING ECONOMIC DEVELOPMENT GUIDELINES Page 3
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