1999-011-ORD PROVIDING CODE OF ORDINANCES BE REVISED BY AMENDING CHAPTER 30 OF SAID CODE
. ,
ORDINANCE NO. 99- on
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.7: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF
FEBRUARY 8, 1999.
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:
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.7; 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.7 of the City of Paris, Paris, Texas.
Section 4. That the zone shall take effect on February 8, 1999, 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,
t) 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 provide for the following:
a) Terms regarding the amount and duration of the tax exemption; and,
b) A listing of the kind, number, location, and costs of all proposed improvements of
the property; and,
c) 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; and,
d) 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
as provided by 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
section, 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 8th day of February, 1999, by the Ci7 coun. eil of the City
ofP_ris, Paris, Texas. ~
harles H. Neeley, Mayor
ATTEST:
Mattie Cunninghanl, City Clerk
APPROVED AS TO FORM:
S ftrfJ (P~~
Scott P. Foster, City Attorney
VANNOY & ASSOC., INC.
Surveyors - Planners
Ray L. Vannoy
Registered Professional Land Surveyor
Licensed State Land Surveyor
DESCRIPTION
69.24 Acres
STATE OF TEXAS
COUNTY OF LAMAR
BEING all that tract of land in Lamar County, Texas, and a part of the Asa Jarman
Survey, A-749, being composed of the following tracts of land conveyed to the Babcock
and Wilcox Company:
1) Part of that called 73.8 acres as described in Volume 320, Page 254;
2) Part of that called 20.42 acres as described in Volume 320, Page 246;
3) Part of that called 7.72 acres as described in Volume 334, Page 522;
4) All of that called 2.23 acres as described in Volume 323, Page 618;
5) All of that called 2.198 acres as described in Volume 559, Page 203;
6) Part of that called 3 acres as described in Volume 355, Page 589;
all recorded in the Deed Records of Lamar County, Texas, and being further described
as follows:
BEGINNING at a point in the South line of said 73.8 acres bearing North 76 degrees 30
minutes 00 seconds East, 498.79 feet from the Southwest corner of said 73.8 acres,
also being in the North line of the Texas and Pacific Railroad (100' R.O.W.), a 1/2 inch
steel rod set for corner;
THENCE North 00 degrees 41 minutes 31 seconds East, 1451.26 feet to a 1/2 inch
steel rod set for corner in a fence;
THENCE South 75 degrees 03 minutes 29 seconds East with said fence, 413.36 feet to
a 1/2 inch steel rod set for corner;
THENCE North 88 degrees 52 minutes 45 seconds East with said fence, 90.32 feet to a
1/2 inch steel rod set at a fence corner;
THENCE North 00 degrees 08 minutes 11 seconds West with said fence, 299.90 feet to
a 1/2 inch steel rod set at a fence corner;
THENCE North 89 degrees 36 minutes 49 seconds East, 180.31 feet to a 1/2 inch steel
rod set in said fence for corner;
THENCE North 03 degrees 43 minutes 25 seconds East, 429.67 feet to a'1/2 inch steel
rod set for corner;
THENCE South 89 degrees 47 minutes 38 seconds East, 1289.43 feet to a 1/2 inch
steel rod set for corner;
719 West Front Street, Suite 239 - Tyler, Texas 75702 - 903 592-9920 Fax 903 592-0058 Toll Free 888-592-9920
l:AHIBIT A
THENCE South 06 degrees 00 minutes 15 seconds East, 217.59 feet to a 1/2 inch steel
rod set for corner;
THENCE South 89 degrees 47 minutes 30 seconds East, 236.44 feet to a 1/2 inch steel
rod set in the Northwest line of 19th Street Southwest (120' R.O.W.); .
THENCE Southwesterly along said street, 374.14 feet along a curve to the right having
a radius of 1085.92 feet (Chord bears South 23 degrees 37 minutes 33 seconds West,
372.29 feet) to a concrete monument found for point of tangency;
THENCE South 33 degrees 29 minutes 46 seconds West, 1433.76 feet along said
street to a 1/2 inch steel rod set at the intersection with the North line of said railroad;
THENCE South 76 degrees 30 minutes 00 seconds West (Reference), 1360.47 feet
along said railroad to the Point of Beginning, containing 69.24 acres of land.
The description shown hereon was prepared from an on-the-ground survey performed
under my supervision during the month of January, 1999.
January 14, 1999
~VV'~
Ray L. Vannoy
R.P.L.S. No. 1988
VANNOY & ASSOC., INC.
Surveyors - Planners
Ray L. Vannoy
Registered Professional Land Surveyor
Licensed State Land Surveyor
DESCRIPTION
20.04 Acres
STATE OF TEXAS
COUNTY OF LAMAR
BEING all that tract of land in Lamar County, Texas, and a part of the Asa Jarman
Survey, A-749 , being composed of the following tracts of land conveyed to the Babcock
and Wilcox Company:
1) Part of that called 73.8 acres as described in Volume 320, Page 254;
2) Part of that called 20.42 acres as described in Volume 320, Page 246;
3) Part of that called 7.72 acres as described in Volume 334, Page 522;
all recorded in the Deed Records of Lamar County, Texas, and being further described
as follows:
BEGINNING at a point in the West line of said 73.8 acres bearing North 00 degrees 39
minutes 36 seconds East, 1546.81 feet from the Southwest corner of said 73.8 acres, a
1/2 inch steel rod set for corner;
THENCE North 00 degrees 39 minutes 36 seconds East, 696.66 feet generally along a
fence to the Northwest corner of said 73.8 acres, a 1/2 inch steel rod set for corner;
THENCE South 89 degrees 58 minutes 02 seconds East, 2299.25 feet generally along a
fence to a 1/2 inch steel rod found at the Southwest corner of a 1.062 acre tract
described in a deed to Melvin D. Abbott recorded in Volume 691, Page 346 of the Deed
Records of Lamar County, Texas;
THENCE South 88 degrees 36 minutes 45 seconds East, 209.24 feet to a 3/8 inch steel
rod found at the Northwest corner of a 1.171 acre tract described in a deed to Fred L.
Blassingame recorded in Volume 588, Page 469 of the Deed Records of Lamar County,
Texas;
THENCE South 06 degrees 00 minutes 15 seconds East, 216.67 feet to the Southwest
corner of said 1. 171 acres a 3/8 inch steel rod found for corner;
THENCE South 89 degrees 47 minutes 30 seconds East, 202.40 feet to a concrete
monument found at the Southeast corner of said 1.171 acres, also being in the
Northwest line of 19th Street Southwest (120' R.O.W.);
THENCE Southwesterly along said street, 51.16 feet along a curve to the right having a
radius of 1085.92 feet (Chord bears South 12 degrees 24 minutes 21 seconds West,
51.16 feet) to 1/2 inch steel rod set for corner;
719 West Front Street, Suite 239 - Tyler, Texas 75702 - 903 592-9920 Fax 903 592-0058 Toll Free 888-592-9920
THENCE North 89 degrees 47 minutes 30 seconds West, 236.44 feet to a 1/2 inch
steel rod set for corner;
THENCE North 06 degrees 00 minutes 15 seconds West, 217.59 feet to a 1/2 inch steel
rod set for corner;
THENCE North 89 degrees 47 minutes 38 seconds West, 1289.43 feet to a 1/2 inch
steel rod set for corner;
THENCE South 03 degrees 43 minutes 25 seconds West, 429.67 feet to a 1/2 inch
steel rod set for corner in a fence line;
THENCE South 89 degrees 36 minutes 49 seconds West with said fence, 180.31 feet to
a 1/2 inch steel rod set at a fence corner;
THENCE South 00 degrees 08 minutes 11 seconds East with said fence, 299.90 feet to
a 1/2 inch steel rod set at a fence corner;
THENCE South 88 degrees 52 minutes 45 seconds West with said fence, 90.32 feet to
a 1/2 inch steel rod set at a fence corner;
THENCE North 75 degrees 03 minutes 29 seconds West with said fence, 431.62 feet to
a 1/2 inch steel rod set for corner;
THENCE South 86 degrees 51 minutes 47 seconds West, 467.78 feet to a 1/2 inch
steel rod set in the West line of said 73.8 acres;
THENCE North 00 degrees 39 minutes 36 seconds East with said line, 696.66 feet to
the Point of Beginning, containing 20.04 acres of land.
Bearings based upon a call of South 76 degrees 30 minutes 00 seconds West for the Texas and
Pacific Railroad.
The description shown hereon was prepared from an on-the-ground survey performed
under my supervision during the month of January, 1999.
January 14, 1999
ec:AA.-y ~~
Ray L. Vannoy
R.P.L.S. No. 1988'
VANNOY & ASSOC., INC.
Surveyors - Planners
Ray L. Vannoy
Registered Professional Land Surveyor
Licensed State Land Surveyor
DESCRIPTION
16.69 Acres
STATE OF TEXAS
COUNTY OF LAMAR
BEING all that tract of land in Lamar County, Texas, out of the Asa Jarman Survey,
A-749, being a part of that called 73.8 acres conveyed to the Babcock and Wilcox
Company as described in Volume 320, Page 254 of the Deed Records of Lamar County,
Texas, and being further described as follows:
BEGINNING at the Southwest corner of said 73.8 acres, also being in the North line of
the Texas and Pacific Railroad (100' R.O.W.), a 1/2 inch steel rod set for corner;
THENCE North 00 degrees 39 minutes 36 seconds East, 1546.81 feet generally along a
fence to a 1/2 inch steel rod set in the West line of said 73.8 acres;
THENCE North 86 degrees 51 minutes 47 seconds East, 467.78 feet generally along a
fence to a 1/2 inch steel rod set at a bend in said fence;
THENCE South 75 degrees 03 minutes 29 seconds East with said fence, 18.25 feet to a
1/2 inch steel rod set for corner;
THENCE South 00 degrees 41 minutes 31 seconds West, 1451.26 feet to a 1/2 inch
steel rod set in the North line of said Railroad;
THENCE South 76 degrees 30 minutes 00 seconds West (Reference), 498.79 feet
along said railroad to the Point of Beginning, containing 16.69 acres of land.
The description shown hereon was prepared from an on-the-ground survey performed
under my supervision during the month of January, 1999.
January 14, 1999
,e,~tA/'~
Ray L. Vannoy
R.P.L.S. No. 1988
719 West Front Street, Suite 239 - Tyler, Texas 75702 - 903 592-9920 Fax 903 592-0058 Toll Free 888-592-9920