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2166ORDINANCE NO. 2166 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE TO AMEND CHAPTER 14, ARTICLE 2 SECTIONS. 14 -209 AND 14 -210 OF THE BLAIR MUNICIPAL CODE RELATING TO THE ADOPTED ECONOMIC DEVELOPMENT PROGRAM APPLICATION PROCESS AND REAL ESTATE CRITERIA FOR THE CITY OF BLAIR APPROVED BY THE CITIZENS OF BLAIR, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1: Chapter 14, Article 2 Section 14 -206 of the Municipal Code of the City of Blair, Nebraska is hereby amended as follows, to wit: Sec. 14 -206. ECONOMIC DEVELOPMENT PROGRAM, DURATION. The City of Blair's Economic Development Program will exist from June 1, 2006 until September 30, 2025. Miscellaneous revenues and funds, including but not limited to repayment of loans, return on investments, fees for activities such as loan guarantees, and sales proceeds from properties, may continue to be used for activities contained within this Economic Development Program during the life of this program. SECTION 2: Chapter 14, Article 2 Section 14 -208 of the Municipal Code of the City of Blair, Nebraska is hereby amended as follows, to wit: Sec. 14 -208. ECONOMIC DEVELOPMENT PROGRAM, ADMINISTRATION. It is the intent of the program that the majority of the funds are used to support eligible activities and that only a minimal amount is spent on administrative costs. The administration of this program will be shared by four separate entities. The entities are as follows: Program Administrator — Gateway Development Corporation's Executive Director 1. Will be responsible for the day -to -day operations of the program. 2. Will assist applicants and recruit potential applicants. 3. Will serve as an ex- officio, non - voting member of the Advisory Committee and will provide the Advisory Committee with all necessary advice and information. Advisory Committee 1. The Advisory Committee will be comprised of seven (7) residents from the City of Blair. The Mayor of Blair will appoint the committee members after receiving approval from the Blair City Council. Advisory Committee members may not be elected or appointed officials, employees of the City of Blair, an official or employee of any qualifying business receiving financial assistance under this Economic Development Program or an official or employee of any financial institution participating directly in the Economic Development Program. The committee will have at least one individual with expertise or experience in the field of business finance or accounting. The Advisory Committee will also have a Blair City Official and a representative from Gateway Development Corporation serving as ex- officio members. 2. The Advisory Committee will meet as needed to review applications and provide a project qualification recommendation to the Blair City Council's Finance Committee. The Advisory Committee will also meet on a quarterly basis to review the progress of the Economic Development Program. The committee will present findings and suggestions to the Blair City Council on a semi - annual basis. Blair City Council's Finance Committee: 1. The Blair City Council's Finance Committee will review applications and project qualification recommendations received from the Advisory Committee on an as needed basis. 2. The Blair City Council's Finance Committee will provide project funding recommendations to the Blair City Council. Blair City Council 1. The Blair City Council has final authority on expenditure of funds in support of the economic development program. 2. The Blair City Council will contract with Gateway Development Corporation to act as Program Administrator and will approve the membership of the Advisory Committee. 3. The Blair City Council has ultimate responsibility for the Economic Development Program. SECTION 3: Chapter 14, Article 2 Section 14 -209 of the Municipal Code of the City of Blair, Nebraska is hereby amended as follows, to wit: Sec. 14 -209. ECONOMIC DEVELOPMENT PROGRAM, APPLICATION PROCESS. To be considered for financial assistance through Blair's Economic Development Program, applicants must provide the following information. 1. A detailed description of the proposed project. 2. A business plan that includes employment and financial projections, current financial statements, financing requirements for the project and total projected costs. 3. A complete City of Blair Local Option Municipal Economic Development Program application. In determining eligibility, additional information may be requested by Gateway Development Corporation, the Blair City Council's Finance Committee and the Blair City Council. The Advisory Committee will review applications in the order they are received. Using program guidelines, the Advisory Committee will determine the applicant's eligibility and will provide a project qualification recommendation to the Blair City Council's Finance Committee. The Blair City Council's Finance Committee will review the Advisory Committee's project qualification recommendation, review all applicable documents and make a project funding recommendation to the Blair City Council for consideration. The Blair City Council has final approval on the amount of funds that are allocated to the applicant. All applications are subject to a financial verification process that will be completed by Gateway Development Corporation. The financial verification process will be completed prior to the application being presented to the Advisory Committee, the Blair City Council's Finance Committee and the Blair City Council. Once an application is approved, Gateway Development Corporation will be responsible to execute the legal agreements made between the applicant and the City of Blair. Gateway Development Corporation will also be responsible to report to applicants whose applications have been disapproved. To ensure applicant confidentiality, the following measures will be instituted and enforced. 1. Each member of the Advisory Committee (including ex- officio members) will sign a "Statement of Confidentiality ". 2. Applicant's business and financial information will be available to the Advisory Committee during the approval /disapproval process only. After the approval /disapproval process, Gateway Development Corporation will keep all permanent files and records. Access to these files and records will be limited and on a need to know basis only. Gateway Development Corporation, in conjunction with the Advisory Committee, will establish procedures to ensure that the municipality and the qualifying business are meeting all applicable laws, regulations and requirements. These procedures are subject to review and approval by the Blair City Council. Gateway Development Corporation, the Blair City Council's Finance Committee and the Advisory Committee may utilize the services of the City Attorney to review contracts, official documents, land transaction procedures or any other official actions as deemed necessary. Separate counsel may also be retained with the permission of the Blair City Council. SECTION 4: Chapter 14, Article 2 Section 14 -210 of the Municipal Code of the City of Blair, Nebraska is hereby amended as follows, to wit: Sec. 14 -210. ECONOMIC DEVELOPMENT PROGRAM, REAL ESTATE CRITERIA. The following criteria shall be applied for the purchase of or option to purchase real estate: 1. The property shall be properly zoned without any excessive easements, covenants or other encumbrances. 2. The property shall conform to the City or County's Comprehensive Plan. 3. Selection of sites shall be based upon sound economic development location criteria or specifications for special projects. 4. All purchases and options for purchase shall be approved by the Economic Development Program Advisory Committee, the Blair City Council's Finance Committee and the Blair City Council. Proceeds from the sale of real property purchased pursuant to the Economic Development Program shall be returned to the City of Blair's Economic Development Fund for future use. SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in force and take effect from and after its passage, approval and publication as provided by law. ATTEST: 7 /\ BRENDA R. WHEELER, CITY CLERK (SEAL) PASSED AND APPROVED THIS 26TH DAY OF MAY, 2009. STATE OF NEBRASKA ) ) SS COUNTY OF WASHINGTON ) CITY OF BLAIR, NEBRASKA (211/4' - AM S E. REALPH, MAYOR BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 26th day of May, 2009. BRENDA R. WHEELER, CITY CLERK