Loading...
2005-056-ORD PROVIDING ESTABLISHMENT OF REINVESTMENT ZONE NO 12 IN SUPPORT OF TAX ABATEMENT AGREEMENT WITH KIMBERLY-CLARK ORDINANCE NO. 2005-056 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF REINVESTMENT ZONE NO. 12 IN SUPPORT OF A TAX ABATEMENT AGREEMENT WITH KIMBERLY-CLARK CORPORATION; 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. 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 10th day of October, 2005, a public hearing before the City Council was held regarding the creation of a Reinvestment Zone No. 12 in support of a Tax Abatement Agreement with Kimberly-Clark Corporation, and the City, at said public hearing, invited any interested person to appear and speak for or against the designation of said Reinvestment Zone; and, WHEREAS, in conformance with Section 212.201(d)2 of the Tax Abatement Act, the City provided in excess of seven (7) days written notice of the aforesaid public hearing to the presiding officer of each taxing unit with jurisdiction over the real property within the proposed Reinvestment Zone; and, WHEREAS, the City also complied with the requirements of the Tax Abatement Act by publishing notice of said hearing in the Paris News at least seven (7) days before the hearing; and, WHEREAS, the City also complied with all posting requirements of State Law with regard to providing proper notice of the hearing as part of the City's agenda for its regular meeting at which the public hearing was conducted; and, WHEREAS, having heard the comments received at the aforesaid public hearing, and considered the proposals of the Kimberly-Clark Corporation for said tax abatement, the City Council has determined that designating the property described herein as Reinvestment Zone No. 12 in support of a Tax Abatement Agreement with Kimberly-Clark Corporation is in the best interest of the City and the health, safety, and welfare of its citizens; 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 a proposed reinvestment zone are depicted on the plat attached hereto as Exhibit A, hereinafter referred to as Reinvestment Zone No. 12; 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 will be of benefit to the zone after the expiration of the Tax Abatement Agreement; and, c) That the proposed 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 ofthe City"; and, d) That the proposed reinvestment zone meets the City's policy on guidelines and criteria for the creation of a tax abatement reinvestment zone and eligibility 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 the area 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. 12 of the City of Paris, Paris, Texas. Section 4. That the zone shall take effect as of the effective date of this Ordinance, 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 five (5) years; provided, no agreement may be extended beyond ten (10) 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 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 corporate limits of the City of Paris, and second 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) percent of increased value to be abated each year; b) the commencement date and the termination date of Abatement; c) amount of investment involved during the term of the Agreement; d) the proposed use of the facility, nature of construction, time schedule, plat, property description, and improvement list, as provided in the Application; e) a listing of the kind, number, location, and costs of all proposed improvements of the property; f) 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; g) 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 ofthe agreement; h) 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; i) each term agreed to by the owner of the property; j) 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; k) 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 I) 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 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 lOth day of October, 2005, by the City Council of the City of Paris, Paris, Texas. ATTEST: APPROVED AS TO FORM: -- Exhibit A (Reinvestment Zone Property) u u u u "I "'u"'..."'''' CONVERTING ZN (9QI:L ZenO OZO ~ ~ 0 ~ V ., N $ ~" :=!ii:"l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "5 ~ ~o ::>x...... ~~ O)W~ 0::: ::> (9 Cl.. en z --' V C21- <i: <l:O 0::: <( S3l:l01S Cl..--' ~ 11Yl'iS 8N!Ol!nS G~,;,n8 I- GNY S3l.!..W.L:JV - V ~3!N3:) I'O:..:.r.Sllilsro m - J: >< w W '^ '^" ~o .....= V'J....J <~ ~ ~" ~ "Z ~::l ~ ~ 0 ~ V ~ N ~ ~ wO ~ ~ ~ ~ ~ ~ H CU "C c: ~ ::l ON!.l~3i\NO:) 0 Cl..:J CO 0:::- O~ Ql.... ()LL c: c: o Ql ~(9 N E o:::z 5C2en ....Ql c:.... ()::>~ Ql CU .1- S~ >-()W --'<l:I-U'l III >< 0::: LL _ 0 Ql CU W::>U)- ooZ_O ~1- :!E<l:O:::~ .- ... -:!E<l:O Ql 0 ~ Cl....-- 0:::.... .'Y." "