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RULE §176.2Participation in the Program

Participation. A local government wishing to participate in the program must submit to the Bank the following:

  (1) A copy of all public hearing notices with regard to all public hearings held in conjunction with the nomination of the proposed enterprise project. Three notices must occur at least seven days prior to each public hearing. Required elements for the postings are the date, time and location of the public hearing, the name and address of the proposed project, the designation being sought and notice that tax incentives will be considered, if applicable. The three notices are in the form of a:

    (A) public posting at city hall or county courthouse, as applicable;

    (B) notice in a newspaper of general circulation for the area; and

    (C) written notice to the Bank.

  (2) A certified copy of the ordinance or order, as appropriate, with original signatures that:

    (A) states that the governing body is in full compliance with Chapter 2303, Texas Government Code prior to nomination of an eligible business;

    (B) outlines the local incentives that are offered in the enterprise zone area or areas within its jurisdiction;

    (C) identifies, by position, a liaison to oversee, communicate and negotiate with the bank, qualified businesses nominated to be enterprise projects, and any other entities effected by the enterprise zone;

    (D) states the date a public hearing was conducted with respect to local incentives offered, prior to passing the ordinance or order;

    (E) nominates the qualified business for enterprise project designation;

    (F) state the type of project requested, i.e. single, double jumbo or triple jumbo enterprise project;

    (G) states whether or not the qualified business is located in an enterprise zone; and

    (H) is finally adopted no later than the day of the deadline for which the project will be submitted.

  (3) A transcript or, in the absence of a transcript, minutes of all public hearings held with respect to local incentives available to business enterprises within the jurisdiction of the governmental entity wishing to participate in the program.

  (4) The name, title, address, telephone number, and electronic mail address of the nominating body's liaison.

  (5) Provide a summary of the economic objectives to revitalize the jurisdiction, as well as a description of the efforts made to develop and revitalize the jurisdiction of the governing body.

Source Note: The provisions of this §176.2 adopted to be effective May 28, 2006, 31 TexReg 4420; amended to be effective November 10, 2011, 36 TexReg 7545

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