[HISTORY: Adopted 6-8-2009 by Ord. No. 520; amended 8-10-2009 by Ord. No. 523; 4-13-2010 by Ord. No. 549. Subsequent amendments noted where applicable.]
An enhanced business enterprise will be eligible for the tax abatements provided in § 82.020 of this Ordinance, if the business enterprise meets the criteria established in RSMo. Sections 135.950 through 135.973, and:
The enhanced business enterprise locates, makes improvements, or expands, within the geographic boundaries of the Lincoln County Enhanced Enterprise Zone, as designated by the State of Missouri (hereinafter referred to as the "Zone"), after the date of such designation; and:
The business' activities within the Zone are properly categorized in one of the following qualifying industries defined in the 1997 edition of the North American Industry Classification System as prepared by the Executive Office of the President, Office of Management and Budget ("NAICS"). Any NAICS sector, subsector, industry group or industry identified in this section shall include its corresponding classification in subsequent federal industry classification systems:
The business' activities within the Zone produce value-added agricultural products as defined in RSMo. Section 348.015 (14).
Headquarters or administrative offices of an otherwise excluded business may qualify for benefits if the offices serve a multistate territory. Services industries may be eligible only if a majority of its annual revenues will be derived from out of state.
Any enhanced business enterprise satisfying the requirements of § 82.010 of this Ordinance will receive a tax abatement in accordance to the New Business or Existing Business Benefit Level Options chart. The tax abatement will be on the new improvements that the enhanced business enterprise makes to its real property within the Zone subsequent to April 12, 2010. The tax abatement shall be limited to 10 years following the date such improvements were assessed, provided the improved properties are used for enhanced business enterprises in the year the abatement is to be made. "Real property" as used in this section shall have the same definition as found in RSMo. Section 137.010.
Notwithstanding any provision of § 82.020 to the contrary, no tax abatement shall be granted for a period more than 25 years following the date on which the original Lincoln County Enhanced Enterprise Zone was designated by the Missouri Department of Economic Development.
Unless otherwise noted, the terms in §§ 82.010, 82.020 and 82.030 of this Ordinance shall have the same meanings as stated in RSMo. Section 135.950.
The provisions of this Ordinance shall be severable. In the event that any provision of this Ordinance is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this Ordinance are valid unless the Court finds the valid provisions of this Ordinance are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the Board of Aldermen would have enacted the valid provisions without the void ones or unless the Court finds that the valid provisions, standing alone, are incomplete and incapable of being executed in accordance with the legislative intent.
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
This ordinance shall be in full force and effect from and after the date of its passage.