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2000-007-ORD PROVIDING CODE OF ORDINANCES BE REVISED BY AMENDING CHAPTER 30 OF SAID CODE ORDINANCE NO. 2000-007 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE REVISED BY AMENDING CHAPTER 30 OF SAID CODE; PROVIDING FOR THE ESTABLISHMENT OF REINVESTMENT ZONE NO.8; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF FEBRUARY 14, 2000. WHEREAS, the City Council of the City of Paris, Paris, Texas, desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for commercial and industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, as amended; and, WHEREAS, on the 19th day of September, 1996, and the 7th day of August, 1997, hearings before the City Council were held, and the City, at such public hearings, invited any interested person to appear and speak for or against the designation of an area of the City of Paris as an enterprise zone; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of October, 1996, in Ordinance No. 96-060, which was amended on the 11th day of August, 1997, by Ordinance No. 97-039, nominate an area of the City of Paris as a state-designated enterprise zone; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 4th day of December, 1997, in Resolution No. 97-146, authorize the execution of the Agreement for Designation of an Enterprise Zone which designated an area of the City as an enterprise zone known as the City of Paris Enterprise Zone; and, WHEREAS, V.T.C.A., Tax Code, Section 312.2011, states that designation of an area as an enterprise zone constitutes designation of the area as a reinvestment zone without the necessity of further hearing or other procedural requirements; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. Section 2. That the City has made the following findings and determinations: a) That the boundaries of the reinvestment zone are described by metes and bounds and depicted on the plat attached hereto as Exhibit A, hereinafter referred to as Reinvestment Zone No.8; and, b) That creation of the proposed reinvestment zone will result in benefits to the City and to land included in the zone and that the improvements sought are feasible and practical; and, c) That the reinvestment zone meets the criteria for the creation of a reinvestment zone as set forth in the Property Redevelopment and Tax Abatement Act, as amended, in that it is "reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City"; and, d) That the reinvestment zone meets the City's policy on guidelines and criteria for the creation of a tax abatement reinvestment zone and eligible for tax abatement. Section 3. That, pursuant to the Property Redevelopment and Tax Abatement Act, as amended, the City hereby creates a reinvestment zone for commercial and industrial tax abatement encompassing only the area described by the metes and bounds description and depicted on the plat attached hereto as Exhibit A, and such reinvestment zone is hereby designated and shall hereafter be referred to as Reinvestment Zone NO.8 of the City of Paris, Paris, Texas. Section 4. That the zone shall take effect on February 14, 2000, and shall remain designated as a commercial and industrial reinvestment zone for a period of five (5) years from such date of designation. Prior to or upon such date of expiration the City Council may renew such designation for an additional successive period not exceeding two (2) years; provided, no agreement may be extended beyond seven (7) years from the date of the original agreement. Section 5. That, to be considered for execution of an agreement for tax abatement, the commercial and industrial project shall: a) Be located entirely within the designated zone; and, b) Be reasonably expected to increase the appraised value of the property; and, c) Be expected to prevent the loss of employment, retain, or create employment on a permanent, full-time basis in the City during the term of the Agreement; and, d) Not be expected to solely or primarily have the effect of merely transferring existing employment from one part of the City to another without demonstration of increased future investment (Dollars or jobs) or unusual circumstances whereby without such a move employment is likely to be reduced; and, e) Promote among equally qualified job applicants the hiring of employees first from within the enterprise zone, second from within the corporate limits of the City of Paris, and third from within the County of Lamar, State of Texas, subject to the laws and regulations of the United States of America and the State of Texas and subject to any labor contracts currently in effect and any successive contracts or past practices; and, f) Not include property that is owned or leased by a member of the City Council of the City of Paris nor by a member of the Planning and Zoning Commission; and, g) Conform to all the requirements of the City's zoning ordinance; and, h) Be consistent with the comprehensive plan of the City of Paris. Section 6. That written agreements with the property owner(s) located within the zone shall include, but not be limited to, the following terms: a) the Base Year Value; b) percent of increased value to be abated each year; c) the commencement date and the termination date of Abatement; d) amount of investment and average number of jobs involved during the term of the Agreement; e) the proposed use of the facility, nature of construction, time schedule, plat, property description, and improvement list, as provided in the Application; f) a listing of the kind, number, location, and costs of all proposed improvements of the property; g) a statement limiting the uses of the property consistent with the general purpose of encouraging development or redevelopment of the zone during the period that property tax exemptions are in effect; h) that access to the project be provided to allow for the inspection by City inspectors and officials in order to ensure that the improvements or repairs are made according to the specifications and conditions of the agreement; i) a limit to the uses of the property consistent with the general purpose of encouraging development or redevelopment of the zone during the period that property tax exemptions are in effect; j) that property tax revenue lost as a result of the tax abatement agreement will be recaptured by the City if the owner of the property fails to make the improvements or repairs as provided by the agreement; k) each term agreed to by the owner of the property; 1) a requirement that the owner of the property shall certify annually to the City Council that the owner is in compliance with each applicable term of the agreement; m) contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment, or other provisions that may be required by state law, or in the discretion of the City Council; and n) that the City Council may cancel or modify the agreement if the property owner fails to comply with the agreement. Section 7. That if any section, paragraph, clause, or provision of this Ordinance shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such secti~n, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance. Section 8. That it is hereby found, determined, and declared that a sufficient notice of the date, hour, place, and subject of the meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times as required by the Open Meetings Act, V.T.C.A., Government Code, Chapter 551. Section 9. That this Ordinance shall take effect immediately from and after its passage by the City Council. PASSED AND ADOPTED this 14th day of February, 2000, by the City Council of the City of Paris, Paris, Texas. !)~~)y/ d7! Charles H. Neeley, May ATTEST: ~' '--m~\~~\.~\.N' ~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: DESCRIPTION OF REINVESTMENT ZONE NO.8 Parts of the plant site of The Earthgrains Company depicted as the shaded area on page 2 of this Exhibit. Said plant site is located upon the following described tract of land: Situated within the corporate limits of the City of Paris, County of Lamar, and State of Texas, a part of the Reddin Russell Survey, and being all of a 4.113 acre tract of land conveyed The Paris, Texas Industrial Foundation by deed recorded in Volume 430, Page 437, Deed Records, Lamar County, Texas, also being a part of an 87.56 acre tract of land conveyed The Paris, Texas Industrial Foundation by deed recorded in Volume 430, Page 337, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a concrete marker for corner at the Northwest corner of said 87.56 acre tract of land; THENCE along the East Boundary Line of 19th Street N.W. as follows: South 7 Deg. West a distance of 285 feet; South a distance of 799 feet; South 45 Deg. East a distance of 28 feet to a stake for corner; THENCE along the North Boundary Line of Center Street as follows: South 89 Deg. 20 Minutes East a distance of 2,653 feet; South 86 Deg. East a distance of 296 feet to a stake for corner, said point being 25 feet north of the Southeast corner of said 87.56 acre tract of land; THENCE North a distance of 818 feet to a stake for corner; THENCE East a distance of 11 feet to a stake for corner; THENCE North a distance of 65 feet to a stake for corner; THENCE South 88 Deg. West a distance of 185 feet to a stake for corner; THENCE South 78 Deg. 30 Minutes West a distance of 410 feet to a stake for corner; THENCE North 87 Deg. 30 Minutes West a distance of 224 feet to a stake for corner; THENCE North 8 Deg. West a distance of 43 feet to a stake for corner; THENCE North 81 Deg. West a distance of 255 feet to a stake for corner; THENCE North 4 Deg. 10 Minutes East a distance of 783 feet to a stake for corner at the Southeast corner of said 4.113 acre tract of land; THENCE North 1 Deg. 35 Minutes West a distance of 374 feet to a stake for corner at the Northeast corner of said 4.113 acre tract of land; THENCE along the South Boundary Line of Loop Highway 286 as follows: South 68 Deg. West a distance of 35.4 feet; South 72 Deg. West a distance of 148 feet; South 67 Deg. West a distance of 400 feet; South 59 Deg. West a distance of 101 feet; South 67 Deg. West a distance of 191 feet; South a distance of 43 feet; North 88 Deg. West a distance of 104 feet; South 67 Deg. West a distance of 538 feet; South 58 Deg. West a distance of 611 feet to the PLACE OF BEGINNING and containing 90.62 acres of land. As determined by an actual survey made on the ground by W.R. Abbott, Registered Public Surveyor of Texas, January 16, 1973. 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