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11 - Resolution Approving Agreement to Terminate Tax Abatement Agreement with Campbell SoupIM, 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING AN AGREEMENT TO TERMINATE TAX ABATEMENT AGREEMENT DATED FEBRUARY 25, 2013 BETWEEN THE CITY OF PARIS AND CAMPBELL SOUP SUPPLY COMPANY, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE, WHEREAS, heretofore, on February 25, 2013, the City Council of the City of Paris, Texas and Campbell Soup Supply Company I -LC ("Canipbell Soup" or "the Company") entered into the Tax Abatement Agreement (the "Agreement") attached as an Exhibit hereto and incorporated by reference as if fully set forth herein, related to the Company's Single Serve Beverage Line; and WHEREAS, heretofore, ozi October 23, 2017, the City Council approved an Addendum to Tax Abatement Agreement (the "Addendum"), also attached as an Exhibit and incorporated by reference as if fully set forth herein, modifying certain terms of said Agreement; and WHEREAS, the term of said Agreement, as modified by the Addendum,, expires on December 31, 2020; and WHEREAS, said Agreement relates to property owned by the Company within the City of Paris, which property is located within an Enterprise Zone as set forth In the Agreement; and WHEREAS, the Texas Tax Code Sec. 312.208(b) provides that a tax abatement agreement may be terminated by mutual consent of the parties in the same manner that the agreement was approved and executed-, and WHEREAS, due to prevailing conditions in the industry, the Company has determined to replace the Single Serve Beverage Line at its PROPERTY with a new product line; and WHEREAS, as a result of this determination, the Company has asked to terminate the Agreement; and WHEREAS, at the tirne of approval of this Agreement to Terminate Tax Abatement Agreement Dated February 25, 2013 Between the City of Paris, Texas and Campbell Soup Supply Company LLC (the "Termination Agreement"), Campbell Soup is in compliance with the terms of the Agreement, as modified by the Addendum; and WHEREAS, the City Council has agreed to said termination of the Agreement as modified by the Addendum because the replacement of the Single Serve Beverage 1.,ine with a new product line is in the best interest of the City and the Enterprise Zone in which it is located in that it will contribute to the SLIstainability and growth of the Company's property; and WHEREAS, termination of the Agreement as modified by the Addendum is consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and is in compliance with the City's policy on tax abatements and all applicable laws and otherwise serves a public purpose in maintaining a niaJor employer in the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Tax Abatement Agreement dated February 25, 2013 between the City of Paris, Texas and Campbell Soup Company, L.L.C. should be terminated. Section 3. That the terms and conditions of the proposed Agreement to Terminate Tax Abatement Agreement Dated February 25, 20 13 Between the City of Pal -'is, Texas and Campbell Soup Supply Company LLC attached hereto as Exhibit I having been reviewed by the City Council of the City of Paris and found to be, acceptable and in the best interests of the City of Paris and its citizens, be, and the same are hereby, in all things approved. Section 4. That the Mayor is hereby authorized to execute the said Termination Agreement on behalf of the City of Paris Section S. That this approval and execution of the agreement on behalf of the City is not conditioned upon approval and execution of any other termination of tax abatement agreement by any other taxing entity, DULY PASSED AND APPROVED this 23rd day of October, 2017. Steven J. Clifford, M.D., Mayor ATTEST: Janice E'llis, City Clerk APPROVED AS TO FORM: Stephanie H. I farris, City Attorney THE STATE OF TEXAS COUNTY OFLAMAR 11111, VII U 0 W Diu aly-1 L This Agreement to Terminate (the "TERMINATION AGREEMENT") a lax Abatement Agreement (the "AGREEMENT") dated February 25, 2013 is entered into by and between the CITY OF PARIS, TEXAS ("CITY"), a Texas municipal corporation situated in Lamar County, Texas, acting by its authorized officer whose signature appears below, and CAMPBELL SOUP SUPPLY COMPANY LLC ("OWNER") acting by andthrough its authorized officer whose signature appears below. WITNESSETH: WHEREAS, heretofore, on February 25, 2013, the CITY and OWNER entered into the Tax Abatement Agreement (the "AGREEMENT"), attached as hereto as Exhibit I of Exhibit A hereto and incorporated by reference as if fully set forth herein, related to OWNER's Single Serve Beverage Line; and WHEREAS, heretofore, on October 23, 2017, CITY and OWNER entered into an Addendum to Tax Abatement Agreement (the "ADDENDUMattached hereto as Exhibit A and incorporated by reference as if fiffly set forth herein, modifying certain terms of said AGREEMENT; and WHEREAS, the term of said AGREEMENT, as modified by the ADDENDUM, expires M n December 31, 2020; and WHEREAS, said AGREEMENT relates to PROPERTY owned by OWNER within the City of Paris, which PROPERTY is located within an Enterprise Zone as set forth in the AGREEMENT; WHEREAS, the Texas Tax Code Sec. 312.208(b) provides that a tax abatement agreement may be terminated by mutual consent of the parties in the same manner that the agreement was approved and executed; and goo WHEREAS, as a result of this determination, OWNER has asked to ten-ninate the AGREEMENT; and JJ . .... . .. . WHEREAS, the CITY has agreed to said termination of the AGREEMENT because the replacement of the Single Serve Beverage Line with a new product line is in the best interest of the CITY and the Enterprise Zone in that it will contribute to the sustainability and growth of OWNER's PROPERTY; and WHEREAS, termination of the AGREEMENT is consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and is in compliance with the CITY's policy on tax abatements and all applicable laws and otherwise serves a public purpose in maintaining a major employer in the CITY; NOW, THEREFORE, For all of the foregoing reasons, CITY and OWNER hereto do hereby mutually contract and agree to terminate the Tax Abatement Agreement dated February 25, 2013 and attached hereto as Exhibit 1 to Exhibit A and incorporated herein by reference, as modified by the Addendum to Tax Abatement Agreement dated October 23, 2017 and attached hereto as Exhibit A and incorporated by reference. Henceforth, neither CITY nor OWNER owe any further obligations to one another as a result of the AGREEMENT or the ADDENDUM. d ITNESS our hands this day o 2017. THE CITY OF PARIS, TEXAS Steven ,I4 Clifford, .M, :IIS,,, Mayor ATTEST: Jaiinu:iiee Ellis, r'w';ity Cleric APPROVED AS TO FORM: raw FORM 01 li'M ERNFlol got wolfroll - Richard I Landers, Vice President Tax & Real Estate Secretary 1111ST OF.FX'MB.IT S TO THISAGREEMENT: ................................................................... Exhibit .A-1: Tax Abatement Agreement dated February 25,2013 THE STATE OF TEXAS This AddendumADDENDUM") to a tax abatement agreement ("the AGREEMENT") dated February 25, 2013 is entered into by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, situated in Lamar County, Texas, acting by and through its authorized officer whose signature appears below (hereinafter called "CITY"), and CAMPBELL SOUP SUPPLY COMPANY LLC acting by and through its authorized officer whose signature appears below (hereinafter referred to as "OWNEW). WITNESSETH: VJ-*- 1 AX4"�* V I WHEREAS, said AGREEMENT relates to PROPERTY owned by OWNER within the City of Paris, which PROPERTY is located within an Enterprise Zone as set forth in the AGREEMENT; WHEREAS, the Texas Tax Code312.208 and tax abatement guidelines in effect in 2013 and on the date of the execution of this ADDENDUM (a copy of which tax abatement guidelines effective January 11, 2016 are attached hereto as Exhibit 2 and incorporated herein by reference) allow for modifications of a tax abatement agreement during the term of said agreement; and WHEREAS, due prevailing conditions in the industry, OWNER has determined to replace the Single Serve Beverage Line at OWNER's PROPERTY with a new product line and therefore, OWNER has requested certain modifications to the AGREEMENT relating to the number of eniflo=es OWNER is re:s�uired to maintain on the Sin le Serve Bever aSe1-Linw4&W PROPERTY during the AGREEMENT; and WHEREAS, the CITY has agreed to said modifications of the AGREEMENT because sM id modifications are consistent with encouraging development of said Enterprise Zone in accordance with the purposes for which it was created and are in compliance with the CITY's policy on tax abatements and the ordinance creating such Enterprise Zone adopted by the CITY the CITY; NOW, THEREFORE, The CITY and OWNER hereto do mutually contract and agree to modify the AGREEMENTas follows: A. Section V, "Consideration (Jobs)" is hereby amended in its entirety to read as follows: Ile new line of business described above to be conducted at theTRUPEKYT, provided, however, that this number of employees may vary one way or another by a few employees as this I"ROJECT nears the commencement of its operations. gle julip) list IM 0i rtis tom or.) Por -2 V-) mvilla o I [.a MMM", Janice Ellis, C,,ity Clerk Stephanie.H.Llarris,, 'Jit Att micy y D LI; M ,Steveli!-1 J CK11101IIA".M.D., Mayor M Richard L.L.zffliders:, "Vicie.pre-sident Tax� &Rea] E�,,aee IQ LIST IDDU!J.I.I: :iIIC"]III S "11DIE") ":IIICFUSARD] ol'DIIIE : 7a T1 7.( x,t ;� x: ,; ll `; 111111,111111 �, ..... AbatementsExhibit 2: CITY'S Guidelines and Criteria for Tax d January 11, iii RESOLUTION No. 2013-011. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT WITH CAMPBELL SOUP SUPPLY COMPANY LLC, MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. wilicn Lq arracnea nereto as hxnwit --A , anu "Agreemene; and, WHEREAS, a public hearing was held before the City Council on February 25, 2013, to allIf w interested persons to comment on the proposed Tax Abatement Agreement, and, WHEREAS, upon review and consideration of the Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof meet the Guidelines and Criteria for Tax Abatement and should be approved, and that the Mayor should be authorized to execute it on behalf of the City of Paris, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the terms of the Tax Abatement Agreement attached hereto as rxrkf"" 2ni *,G for Tax Abatement adopted by the City of Paris by Resolution No. 2012-072 passed on August 13, 2 012. Section 3. That the terms and conditions of the Tax Abatement Agreement between R,. b6� the Ci[ uncil of - the City of Paris and found to be acceptable and in the best interests of the City of Paris and its citizens, be, and the same are hereby, in all things approved. Section 4. That the Mayor is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Paris substantially according to the terms and conditions set forth in the Agreement attached hereto as Exhibit "A". Section S. That the planned use of the property the subject of the tax abatement will not constitute a hazard to public safety, health, or morals. Section 6. That this approval and execution of the Agreement on behalf of the City is not conditioned upon approval and execution of any other tax abatement agreement by any other taxing entity. 11 111 pill FAII,*11,111, of-, "nice �Eliis, City Clerk THE STATE F TEXAS TAX ABATEMENT AGREEMENT agreement4 into by and between the CITY OF rr municipall f 7 fi el in Lamar County, Texas, acting by and through its authofized officer l g#.ture appears below 1 and CAMPBELL SUPPLY r y q ANY7 LLC, acting by and through its authorized officer whose appears : below 4 as " O f WITNESSETH: WHEREAS, the City Council of the City of did heretofore, l day of August, 2012, in Resolution No. 2012-07, elect to be r participate if tax abatement agreements I order l maintain andenhance the commercialand industrW economicand employment base of the Paris area for the long term interest and benefit of the City and its and, f I I F website 11Exhibit attached ` 1fheretoandmadet. part hereof for purposes; and WHEREAS, 1`contemplateduseoftheIMPROVEMENTS,as hereinafterdefined, the amount forthAGREEMENT upon f PROPERTY w it r -1 ther► � and l l I ` 1.� � 1 `:'.1 1,� r w l ..: ♦ l Ll (hereinf f� 1, 4 Mune 1F 7: purposes l ii f' 1 are in _, , complian with the CITY's policy on ►, andtheordinance creatingsuch Enterpri Zone adopted 1the CITY andall applicable and f:. WHEREAS, the City Council of the City of Paris did heretofore, on the 13'ffi day o August, 2012 in Resolution pass and adopt appropriateguidelines a cri governing tax abatement agreements to be entered into by the CITY as required by the Redevelopment and Tax Abatement Act, as amended; NOW, fE` 1 The Parties hereto ll mutually contractand agree as follows: 1.1 The effective date ofthis AGREEMENT is the 250' day of February, 2013, wit, tax abatement beginning with the tax year commencing January 1, 2014, and expiring on December 31, 2020. 11. Area to be Improved 2.1 The PROJECT consists of new building modifications to the real property of the OWNE& and the addition and installation Of equipment and Personal Property described in Article III bel hhU2&.,j:01A6*14Wz�K aj the OWNER'S plant in Paris, Lamar County, Texas. Collectively, all such improvements which are the subject hereof shall be called the "B4PROVEMENTS". 'Me IMPROVEMENTS shall be located upon and within the OWNER'S current facilities consisting of the OWNER'S land also described in Exhibit , attached hereto and made a part hereof for all purposes (as are all Exhibits which are mentioned herein), and within the building at the location shown within the drawings attached hereto as Exhibit Bl. The land and building are herein called the "PROPERTY". III. Improvements 3.1 The installation of the IMPROVEMENTS will require engineering, design and construction work to prepare the site within OWNER'S building where the newequipment will be located, and the procurement of equipment, infiastructure and utties modcations and electrical and mechanical installation. The IMPROVEMENTS are being made to enable the OWNER to manufacture singIe-serve beverages in aluminum containers at the PROPERTY. The single -serve beverages will consist of red juices, Fusion, potential for teas and potential for carbonated products. The aluminum container sizes to be manufactured will be 5.5 ounce, 8.4 .tunce and 11.5 ounce. The IMPROVEMENTS are described as fbilo A. To the real property of OWNEX building modifications to support proper operation and sanitation of the installed equipment. This includes utties, floor, wall, and ceng finishes, as well as some structural improvements to the building to support static, live and dynamic equipment loading. B. Container Delivery, to consist of depalletizer for purchased aluminum containers and dedicated container lines by diameter to filling operation. C. Prep Operation, to consist of multiple ingredient handling systems and hold/pre- blend tanks, and independent tomato paste standardization system. D. Blending Operation, consisting of a single 1,000 gallon blend tank, supported by pre -blend, 1old and feed tanks. continuously operate and maintain the PROPERTY, including the specific units of new machinery and equipment as identified herein, as a food production plant. 5.1 OWNER agrees that it will employ fift (50) full-time employees to operate the new line of business described above to be conducted at the PROPERTY, provided, however, that this number of employees may vary one way or another by a few employees as this PROJECT nears the commencement of its operation. 6.1 In the event that (a) the IMPROVEMENTS for which an abatement has been granted are not completed in accordance with this AGREEMENT or the expenditure for the IMPROVEMENTS does not meet the amount required herein; or (b) OWNER aHows: its ad wg� -XIkes; Im tc) *1W'.r1EA—m-7HRfaTFy breaches any of the other terms and conditions of this AGREEMENT, then this AGREEMENT shall be in default. In the event the OWNER defitults in its perfbrmance of either (a), (b) or (c) above, then the CITY shall give the OWNER written notice of such default and if the OWNER has not cured such default within sixty (60) days of said written notice, this AGREEMENT may be modified or terminated by the CITY. Notice shall be in accordance with paragraph 13.3. As liquidated damages in the event of default and in accordance with the requirements of Section 312.205 (a)(4) of the Property Tax Code of the State of Texas, all taxes which otherwise would have been paid to the CITY without the benefit of abatement, together with interest to be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax Code of the State of Texas, with all penalties permitted by the Property Redevelopment and Tax Abatement Act and the Property Tax Code of k: of Texas, shall be recaptured and will become a debt to the CITY and shall be due, owing, and paid to the CITY within sixty (60) days of the expiration of the above-mentioned applicable cure period as the sole remedy of the CITY, subject to any and all lawfid offsets, settlements, deductions, or credits to which OWNER may be entitled. The parties acknowledge that actual damages in the event of default and termination would be speculative and difficult to determine. 11I. Real and Personal Property Tax Abatement 7 71"Ti He 2 17 7 NO I WW LM I N 2 6-1 A detailed description of any miscellaneous items of office equipment and I the actual cost of such added office equipment; (d) A copy of or identification of plans and specifications of constructed improvements and the location of the same for inspection by CITY'S certification team; 7-4 ".14 n M, 174 RTIMMM � t I - (g) The date of substantial completion of the IMPROVEMENTS as defined in par&—AaTh 3.1 hereof 11.2 The OWNER firther agrees that it will provide CITY with an annual, sworn report which shall certif�r, in writing, that it is in compliance with each applicable term of this AGREEMENT. Such annual report shall be fin-nished on l provided by the City. 11.3 In addition to the annual report required under Section 11.2 herweof, tM OWNER further agrees that it will provide CITY a copy of its Texas Workforce Commissi Employer"s Quarterly Report within thirty (30) days of its filing of the same with the Workfbrr&-r.n- I 12.1. This AGREEMENT was authorized by resolution of the City Counncil at regularly scheduled meeting on the 25;h day of February, 2013, authorizing the Mayor execute the AGREEMENT on behalf of the CITY. III j 11T tr� pursuant w ne au-nonty:TS-101 to -LIC aJ1 A I On ZCU ANN, whose signature appears below. Itro 11 1 . between 37e UM e neMMUL I any other taxing unit executes a similar agreement for tax abatement. H, 13.1 No officer, official or agent of the CITY hw the power to amend, modify or 11!19 0 13.2 M AGREEMENT, except by operation of law, UMI not be assigned or transferred by OWNER, without the prior written consent of CITY, which consent shall be e - sole discretion of •. 4 r 'f f 1 f I r" 1- 1 f " " `I 41-fWg—lven and be r" emed to have been duly served - r delivered in person, M deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representativeof the respective parties1 are designated follows: OWNER: Attn: RichardJ. Landers," ►0NW Loop 286 Paris, Witha coRy f Caruso,Michael !.. Campbell Place Camden,"8 10 1 Attn: City Manager P. •Box 9037 I75461-9037 With a Copyto #f " " (address 1 IkLvel ### 1 f f 1 I► # 4 I f { # ► # / r of { AUZU4f I' ," r I" r i # 1 f f # I understandingsof this AGREEMENT are declared to be severable. 13.5 This AGREEMENT sets forth the entire understanding between the parties, and any other upon 1 " date of execution hereof. None of of this AGREEMENT shall ► 'waived, discharged, altered or modified in any respect, except by an Agreement in writing signed by both parties and specifically referring to this AGREEMENT. The captions in this AGREEMENT areincluded # f only d shall not be taken intoconsideration in AGREEMENTiThists AGREEMENTany construction or interpretation of this ons.perfonnable4: shall be governed by, f 1 1 f enforced in accordanceI the laws of of provisions of AGREEMENT shall apply to, bind and inure to the benefit of the CITY, OWNEF, and their respective successors,and permitted gf. any. 13 13.6 Venue for any actions arising under this AGREEA4ENT shall lie exclusively in the courts of Lamar County, Texas, for any State Court action, and in the U.S. District Court for the Eastern District of Texas for any federal court action. ANION MMMMUVA' � 111 il 'W. Kent McIlyar, Ci�y Attomey FNI-IRM secre,ftq, 0 By: . ............. . ..... . ................. A. I HaAmi, A D., Wyor By: Richard I Landers, Vice President — Tax & Real Estate 0 "M I, 7� 11111 !ll 4, Ill I �� 11111�111 lllll!, T A t ljjlili�lliir��Illlll i I I i , i i , ; Pill u am Campbell Soup Plant 500 Loop 286 NW a M w )"M;w M &SW U 1046, S www-texuaitescardLeom August 20, 2012 Map Layers Enterprise Zones - Enterprise Zones - 2010 El EZ Qualffied Counties Work FoTce Aerospace Mfg. 0 Work Force - Ag. and Mining Machinery Work Force - A it TransporWlon Work Force - Architecture Engin"ring Work Force - Auto Body Mfg. W.;; ^'�` q... ,�. ��,,��,� 75, J',,4 1 1 �, ,,� I, � IT Weak a 41 M I A P13- - M 4 � 41M lkt�' 7� # .dorom opt= PIT' 'ITTOW M111774.77;0117 or t4o . 1601 ot 161411JIMIwAl olk jolf1j;�11 pu-U�11YFIW-A-11 rLE1M,--.F-Lx j � T C Uu-n-r-y-, -f e x a s, 2s described m the Agreement, which plant is located within an ENTERPRISE ZONE esmblished by the United States Census in 2010. The Company has conmplied with all of the terms of the Agreetnent, and the City of Paris herein veres that the Improvements agreed to be built, installed and used have in fact been completed as provided for in the Agreement. .......... W& 00 ft"', T IN"G..4M 7, 7; =,.. r 7M�W lm� - NO - duration of seven M yew, with the tax abatement for the Improventents beginning Januay 1, 2014. APPROVED this _ day of 20—. ........... 11 ............ . ... . . .................. , ayo�r . .................................. Jaako.x� BUI is, Cit.,, Clir.,.irk y U"- T"WOWN's "WTORA i . ...... . ............................ il. Dltyar, ilr.w'',ity,Aftoyniry COMPbell SOUP COMRa Parls.'FX Plant K" 1 Asset Value Real 1,376,103 UsefulUfa 1,307,297 Tatal InvaWneint 24,222,913 Wfears e r r Reall 1,376,103 40.0 $ 34,403 ME 22,846,710 1. $ 1,523,114 T-- -_ - - - Rate/$0 1.0626 1.1365 CRY .53107 1.3003 1.3261 County 0.43870 107,056 99,735 .UC 0.19700 83,782 78,855 NU.USD $ 1.1215 91,897 85,612 Year ----- --------a 1 2 3 4 5 6 7 96 Tax Abated 42,405 1 10 1 1 1 Asset Value Real 1,376,103 1,341,700 1,307,297 1,272,894 1,238,491 , 4,1,169,685 161,001 Asset Val 21,300,627 19,605,767 18,207,686 17,396,742 16,477,047 15,1 ,22 14,259,637 Tax before IL134 1.0216 1.0626 1.1365 1.20201.2544 1.3003 1.3261 CUty 115,894 107,056 99,735 95,415 90,539 83,782 78,855 County 99,483 91,897 85,612 81,904 77,718 71,917 67,688 PJC 42,405 39,172 36,493 34,912 33,128 30,656 28,853 Total 257,782 238,125 221,840 212,231 201,385 186,355 175,396 Abated Taxes Ciity 115,894 107,056 99,735 95,415 90,539 83,782 78,855 County 99,483 91,897 85,612 81,904 77,718 71,917 67,688 PJC 42,405 39,172 36,493 34,912 33,128 30,656 28,853 Total 257,782 238,125 221,840 212,231 201,385 186,355 175,396 Taxes Realized clay _ - - - County PJC - - - Total 7 Yr Total AM 671,276 72,383 576,219 62,133 245,619 26,485 1,493,114 161,001 671,276 - 575,219 - 245,619 183,851 1,493,114 158,838 Year 72,383 - 62,133 5 26,485 - 161,001 MUSD Taxes 254,320 234,926 218,860 209,380 198,680 183,851 173,040 1,473,057 158,838 Year 1 2 3 4 5 6 7 8 Est Index Factor IL134 1.0216 1.0626 1.1365 1.20201.2544 1.3003 1.3261 Est %good factor 0.92 0.84 0.75 0.67 0.60 0.53 0.48 0.43 " DO= I MFl..,i �14 J. =-- M The City of Paris, Tom (herein called ft ty) is committed to enhancing the encowaging new manufacturing industry and investment; to improving the City and its infimstructure which attracts and supports development, and, to expanding the tax base, employment opportunitic.% and the overall quality of life for its citizenry. Therefom the City will give oonsidemiM on a case-by-case basis, to providing tax abatement according to state. law to the owners of real property for projects which stimulate economic growth and diversifleation in the City. Tax aboament benefits may be made available to industrial, manufactutrin& distribution, and service facilities currently in the City or locafing in the City if located in a designated Eamprise Zone or Reinvestment Zone- Now facilities and stracUM as well as the expansion and modernization of exisdng facilities and structure4 will be considered. Evaluation of a tax abatunent request will be based on the information provided in the tax abatement application. However, the City is under no obligation to provkie tax abatement to any Vplicant. a) "Abatement"or "abatemanO means "tax abatement!'. which is the 0I-ntpanW— exemption fmm ad valorem taxes of certain real and tangible pamnal property in a Reinvestment Zone designated for econornic development purposes. b) "Agreement" means the written agreement for tax abatement between a property owner mWor lame and the City. c) hAuthorized Factf . A MI ity may be eligible for abatement if it is a R onabvt evil Von Mion a Facil f, a Distriion Facility. a Regional Towir facility is a iNistoric WME SM11 Ustrict. d) "Base Yew Value" means the assessed value of eligible property as of January 1, preceding the daft of execution of the agreement plus the agreed upon value of eble property improvements made after January 1, but before the execution ofthe agreernent. The ff.m.e Year Value may be adjusted either up or down from year to year as per renditions by the r,amar County Apprai W District, f: 1 • I.:: 1 ei • 4 � A f t # A 4 A • 0 "Enterprise Zone" means an area of land designated as such under Chapter 2303 the Tam Government Code. "Jobs" A Job" as used herein meansposition A of full-timeemployment for an is provided the benefits normally offered by the Employer, such as heWth insurance, vacation time and some form of red=ent benefit. A Job is not a position filled for the Employer as a worker or employee of an anployment agency or service. "Jobs" as used havein includes 'Tull time Equivalent Jobs'. as defitned below. 1 Equivalent Jobs" moma number ofpart-timejobs wherethehouums in each suchjob is less then 32 hours per week, made available by one Employer and added together. For example, sixteen (16) part-time jobs made available by one Employer where all such put -time jobs added together require a total of 352 hours of work per week (but no such part-time job requires 3 2 hours of work or more per week). will equal eleven (11) Full-time Equivalent Jobs (352 hours divided by 32 hours per week equal 11). FWl-time Equivalent Jobs do not require the employee to receive benefits ftorn the Employer. i) "Manufacturing Facility" me= buildings and structures, including fixed machinery which is -,r will be the manufliewre of -z --ods or materil or the processing of such goods or materials by physical or chemical change. Facilities primarily engapd in assembling component parts of manufacured products are also oonsidem j) 'Modernization" means the replacement and upgrading of existing facilities which incroases the productive input or 7 1':updates� or substantially lowers unit cost of operation. Modernization may result ftn the construction. alteration or instaliationof buildings, rkmaeftery orequipment, 1 :ll notbefor the purpose of reconditioning, rdiwbishing, rVairingi or da*nW maintenance. XI`,.rBasic Industry"buildingsand structures, # fixedmachinery ana' equipment, not e],sewhere described, use4 or to be used for the produotion of products or sery ices which result in the creation of new Jobs and bring new wealth into the City. 1) ,personal property" me=s mwhinery, equipment, tools, shelving or materials eligib under applicable law for tax abetment whi1 can be removed from a ( A hicility describedSection rV below. "Property" Propertyor PersonalPTopeatydefinedherein, as is applicable together!,ccording to the cDntw where used herein, that is eligible for tax abatement n) "Real Property" means the land within an Enterprise Zone or a Reinvestment Zone, 1 +P• and fixtures or otherwise situated thereon. o) "Regional Distribution Facility" means buildings and structim including fixed machinery and equipment, used or io be used primarily to receive, store, service. or distribute goods or mataWs where a majority of the goods or services am distributed to points at least 100 miles from its location p) -Regional Tourist EntertairimeW Facility" mom buildings and struchm including fixedryischinoy and equipment used or to be used in providing amusement/entertainment througli ft admission o1majorityof + 1 least 100 miles 1 AT 071nmi rT45#7TIffZ;7IT77TTI1 :+A 1. f . 1A ; 1 A"ReinvestmentZone"or Countydecided A ► ►: ■ 1 1 : 1 1 1 f A +► 1 1► area through the use of tax abatement fbr specified improvements. Countys) "rax, Abatement Committee" mans ihe conimittee, of persons designated from timt tbaternent to the applicable axing entities in the community. ne Tax, Abatement Committee will be composed of one person ficm each of the City (the City Manager or designee), the of Lwnu County Judgedesignee), CollegePresident l 1 designee), the Chief Appraiser ofthe, Lamar County Appraisal Distrim and the Executive Director of the Paris Economic Development Corporation. U), Designation of a Reinvestment Zone. The or Countydesignate an a= as a ReinvestmentZone in accordance the criteda and procedural requirementsProperty, t 1 Abatementamended rs 1 Code 1'' ► The City, tivough its Council, may agree in writing with the owner and/or lessee of texcable Real Property that is located in a Reinveshnent. Zone, but that is not in an improvement project financed 1tax increment bonds, 1 exempt taxation # f •: of the valueofthe Real Property, or of Personal Property lontad on the Real Property, or both. The period of the abatement granted under the agreamw shal I not wmead the term authorized by law. Such agreementbe based on the 7 1 • owneror of specific improvements or repairs to the Property. An agreement may provide fbr the exemptior. ofthe Real Property in each year covered by the agreement only to the extent its value for the year exceeds the Ban Year Value. An agreement may provide for the exemption of Personal Property located on the Real Property in each year covered by the agreement other than Persons Property located ♦ Property 1timebefore periodcovered by the agreement Inventory or supplies cannot be abated as Personal Property. Tax abatement may only be granted for additional value of eligible Property the Property owner 15'lessee subjectosuch limitationthe mayrequire. Theadditional value must exceed any reduction in the fair market value of other property of the owner akeady 1 the tax rolef M 1/ ofthe City.Changeappraisedvaluedoesnot qualify• added to the tax rolls must come from actual capital expendkares. The negotiation of tax abatement con"m will be conducted by the Paris Economic Development Corporation, in conjunction with the City Manager or designee to the Tax Abatement Committee. In determining where and how Ux abatement will be utilized, the Tax Abatement Committee wfll examine the potential return on the public's investMWA. Return. on public investmentmeasured interm1 Jobs created, Jobs 1 rf cases *.:. 1 existing Einployers within the City, and (W) broadening of the tax base, and expansion of the economic base. A property owner and/or lessee shall be eligible for tax abatement only upon the following terms and conditions; I a) If the Property involved is an Authorized Facility. b) if the Property involved is a Historic Property. In the City Historic Districts them are Iluineiziet 1 AnmAlzfExtetirr1 :1 1 /, 1e xi=xc districts we allowed at 100% for seven (7) yaw with a minimum investment of $5,000 fbr residential property and $10,000 for commercial property. New residential constuction requires minimm investrnent1 $100,000 to be 1. e1 for 7 04% exemptio three=nmercial construction requires a minimum investment of $200,000, for a 100% tax exemption for limitationse) Ifthere will be the creation of new value. Abatanents may only be granted for Witional value of eligible Real and Personal Pro;mrty improvement.% subject to such ..Propertyabaleinentbe 1` only to the extimt that1`valuefDr each year1the agreement exceeds 1,valuefor the year in which the agreement1 d) If there will be new Authorized Facilities created, or if existing Authorized Facilities will be improved for purposes of modernizadon, or expansion. e) Eligible Property. Abatement may be maended to the value of buildings, structures. fixed machinny and equipment site improvements, tangible pasonal property, and that office space and relawd fixed improvernerts necessary to the operation and uhninistration of the Authorized Facility; provided. however, that inventory or supplies shall not be eligible for abatement. 11gible property for which abatement may be granted incliudes nonresidential Yen] 0 Leased AuthorizedFacilities. If a leased AuthorizedFaailfty is grarrtedabatem.N ihe agymnent may be, executed with the lessor and/or lessee, depending upon the pwficular circumstances of the proposed project. If the agreement is with die lessor, lessor shall temon,strate binding contracts with ft lessee to guarantee compliance with the terms Of the g) Value and Term of Abatement. The City will decide whether to grant tax abattsrrient to an appBoaM and the amount, if any, of such abatement on a case4oe-case basis and in accordancewith tese Criteria and Guidelines. ne term ofabatement grantedunder agreement may not exceed that permitted by applicable state law, The amount of the sl,1 1 1 :! TItT a1 '.1 1 tm I 11' • 1 r i! 1♦ & Tf Ae eligHe • RfZ. within1 -♦ Facility. Abatementonly be granted ♦r. ft additional1 eligible property 1 °. pursuanttoand listedin the agreementbetween and property owner and/or lessee subject to such limitations as the City may requim If a modernization project includes the replacement of improvements within an Authorized Facfflty� AUWOVM�'AMUM; 21 need unit(s). The criteria that will be used in evaluating a particular application fbr abatement will incLude,but not be I to: i) The dollar amount of the increase in the tax roll for the proposed project; 2) The numberof Jobsor E• by Employer involved; 3) Tbe possible effect the proposed project Nvill have on attracting other MI improvements i► 4) The nature of the proposed project and its overall effect on the City; 5) Ibe proposed ! ojeefs effect on the safety, haddi, andmoralsofthe City's residents; ► i Whethertheproposed p 1 ill have ► .1 1 long-term adverse on the provision of City services or its tax base, 7) Whether the project meets all relmnt zoning requirements,' 8) Whether the project is consistent with the comprehensive plan ofthe City or County of planned9) The types and cost of public improvements end services (water and sewer main adensions, meets and rmds, m.) required of the City and the types and values of pub] ic improvements to be fUrn ished by the applicant. h) Economic Qualification. In order to be eligible to receive tax abatement, the improvements: 1) Must be reasonably expected to increase the appraised value of the Property, 2) Must be expected to prevent the loss of employment Or the retention Or creation of Jobs duringof 3) Should not be expected to solely or primarily have the effeet of merely bwaferring existing employment from one part of the City to another without demonstration of increased Um inves=ent (Dollars or Jobs) or Unusual circumstances where, i move ! . } e re Iv,d 4) Must be necessary because capacity oannot be provided efficiently utilizing existing improved Property w1hen reasonable allowance is made necessary improvements or governmental acti 3mTiai0RhVLIFw.hXw the term of the -agreement, taxes sbal I be able as follows - Base Year 4 eligible} E F determined ..: year bythe Lamar taxableCounty Appraisal District shall be fully taxable; and 2) Tbeadilitional value of eligible property above the Base Yew Value shall be 1; described in the agreement. ( I n rf ! «1 1 -71 ► ,.. { I 1 • - ►"i 1 (, ► 4 : li ',1 tha assessor with such i• ►! be necmaryto determbm the amount abatement. Once such value has been established, the Chief Appraiser shaV notify the dfboftd jurisdictions which levy taxes on such Property and the Paris Economic Development Corporation. The Employer, owner or lessee of eligible Property requesting tax abatement within a Reirivestinvit Zone shall, prior to the commencement of eligible property improva=ts, agree to aqwnd a desipated sum of money and to create or retain a caWn number offobs, or annual payrollas furtherdefined below. Tax abatement may be made available W Employers creating Jobs with respect to an 5711; Mil I } a) To be eligible for any tax Wxftment them mug be a minimum capital investment in Authorized Facility of $250,000[ at least tan1) new Jobs added to the Employeeslabor force. b) When an abatementpmeritage hasbeen Jreed upon it shallbe gmniedfor years one (1) through three (3); thereaftm there will be a 20% nduction in the original amount abal beginning with yar four (4) and a similar mduction of 20% in each of the nw three years und 00'. of the Real Property► !►'! to thetax rolls. c) Critaft for qualification for tax aMtement am as follows: I d) Any project with a capital investmerd of mom than tan million dollars($] 0,000,000), I q) If a newly created business is located or wig locate within an Enterprise Zone, an additional 10 to 20% Abateisir nt may be available as individually negotiated, with total abatement not to exceed 100%. NX r7w TT MITTTUM M=T, - I, - , - I The City recognizes a significant difference in the valuation of real property and Drow Because of dwreciation "" *& ".(:rrt A lfj-67�7707773 fUT-07-37MMIMMIM L7j�,-7M7xj-I pr3,Mnjr7SFVTvM5 property is significantly diffmwt If personal property should become obsolete and be replaced while under an abatement agreemM the replacement personal property is not eligible for aYatement. a) To be eligible for any tax abawinent on Personal Property, there must be a minimum i n v e-Vom -a 1 M111 b) When an abatement percentage has been agreed upon it shall be granted for years 6 `�'A - - mal Alaar Tim 'IC;'�k) Ming- 4TIV % 74 -tj (--,Jrn I IM F -L -,Al LIrOC :t U d LR I u 100% of the Real Property valuation is added to the tax rolls. :91MU47't MW#71771ff F - i o i - I ; 4 0 d) Any project with a capital investnent in personal property of mom than ftee million dollars ($3,000,0001 accompanied by a newly creaftd minimum annual payroll of two and one- half million dollars (S7,500,000), or creating more than two hundred twenty-five (225) new Jobs will be individually negotiated. No abatement will be granted for more Ow specified in state law. R111 115, 1M aMOOTITO 171 - MOMIRMfl HAIgsW77 fjj*js'TMTM MM F.Wil'Tir"I)S11M M d) Any project with a capital investnent in personal property of mom than ftee million dollars ($3,000,0001 accompanied by a newly creaftd minimum annual payroll of two and one- half million dollars (S7,500,000), or creating more than two hundred twenty-five (225) new Jobs will be individually negotiated. No abatement will be granted for more Ow specified in state law. e) If a newly created business located or will locateEnterprise Zone, additional 10 to 20% 6atement may be available as indMdually negotiated, with total abatement not. exceed 11..,: k ,1-77.r1 i%1 7 ' ! i 1' 1 1 ;=Dj I r recognizesThe City ofits exisfmg Employm• of community and desires to encourage Wsfing Employers to remain in the City and to impmve their businesses and industries, profitability. • ! existing Employer (as opposed to a newly created business or industry moving into the City), owns or ]cases an Authorized Facility and has plans to improve such Property by cmtructing Faeffity which qua]* for tsx abatement under these Criteria and OWdelines, such Employer Newly Created Minimum Annual Payroll we creftd. In these cases involving existing Employers, the criteria for tax abatement for improvements to Real Property at Authorized Fwiliticsidentical Rthat setforthR► (except1newJobs or Newly Created Minimum Annual Payroll are required); and the criteria for tax abatement fcxr now •Prop"added toAuthorizedFacilitiesweIdentical#that setforth above (except that no now Jobs or Newly Created. Minimum Annual Payroll at required). In this 1 however,V 4 existing Employerstoretain many Jobs 1 as much existing Annual Payroll as is economically feasible for the existing Employer to do and remain competitive industry. VIII. Application. a) FAigibility. Any present or potential owner of taxable property in the City may rl !1 ■ f r( w R ♦ Director1 1Paris Economic Development Corporation. copy of the said application to be forwarded by the applicant to the Executive b) Form. Ile application shall consist of a compleW application form accompanied by the following 1) A general description of1he improvements to beundertaken together with the I 2) A detailed descriptive list of the briprovements for which abateraw requested; 3) A list of the kind,number,and location •'.all proposed improvementsof Property; A ►.l 1'. M ►' ►1 Y♦ I ► 1 };Y 5) A metes and bounds description and plat of the proposed Reinvestment Zone that • • . •. ' 211 if t rand uses within 200 fbet of the Reinvestmew Zone, f) A time schedule for undauking and completing the proposed improvements, 7) The type andvalueofany economicdevelopment requested; 8) Any other information about the proposed project as maybe required by tbo City or as 4 rml e■ desirable byc) Review. 0= the application has been received� the infonTuWon submitted will be the City. by the TaxAbatement Committaefor completenessIi and comment. In addition, no tax abatement application "I be considered fbr further processing by the governmental entities unless first approved by the governing board of the Paris Economic Development i • A1r. • ~; d) Public Hearing. The City will comply with cartain public notices and hearings required { ,• A M I Rstate law mss die Property ! ■ Redevelopment and Abatement a) Findings. In order to enter into an agmmen; the City must find that the terms of the proposed agreement oomply with these Guidelines and Criteria, that there will be no we fbasible and priactical and would be a beneflt to the land to be incAuded in the Reinvestment Zone and to the City after the expiration of the agreement. 0 Variances. Requests for variance from the provisions of these Guidelines maybe made in writing to the City-, provided, howeva, that in no event shall the term of any complete dewiption of the circumstances requiring a variance. Approval of a Mquest for variance shall require the affirmative vote of three-fourths (3/4) of the marribers of the City execution ot'an agreement wItn the owner an-kor lessee OT tile Authorized Facility Whi MSZ 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 ofjobs involved duTing the term of the a) The proposed use of the Authorized Facility, nature of construction, time schedulej plat, property description. and improvement lis% as provided in ft application, S) A staternent limiting the uses of the property consistent with the general purpose of that property abatement h) lbat access to the project is provided to allow for the inspeWon by City inspectors and officials in order to ensure &at the improvements or repairs am made according to the specifications andconditions1the agreement; 1� Mw property tax revenue lost as a result of the tax abaternent agreement w0l be recapurred by the City if 1 owner a f;thePro" to mab the improvementsor :,7afts as provided by the agreement; 1 f 1 1 1� • 1 • 1 1 f " t t =+ ! the owner is in compliance with cad applicable term Of the apternant; Contractualobligations eY"' of dabult. vioManof 4.1 1 `. or conditions. delinquent taxes, rwaptum administradoi and a.,Wgmnen% or other provisions that may be .i! [ 1state law,or in thediscretion the City Council; m) JUt the City may cancel or modify !agreementProperty f Y complythe agreement. If the City determines that theperson or entity receiving on abatementdefault according 1the termsand condI t of its agreement,notifythe company4 individual in writino at theaddress e, the : %it aik 1 if m6,1 ': . w 4 all 'C 11 or termhuded without finther notice. In the event the company or individual allows its ad • 4 MI Aity r►. 4 1 1 + Y, -, rt l ri U. 1 4 1 1 1 �► r 1 4 ! T '.f: f ! r , 1 , 4± .1,Y :1 U ! • 1 4 4 4 agreement and fails to cure during the Cum Period, the agreement then may be modi d or fie terminated • notice, and the �a 1 provide s r 1 of or pan of the taxes absted. At any time before the expiration, any tax abatement agreement may be *minated by mutual consent of all parties involved in the same manrier that the agreement was executed. ,: ConfidwtislityIProprietary1 11 A f.. Inforrnation that is provided to a taxing unit in connection with an application or request foir f:► abatement underr describes processes or business activities to be cmducted or the equipment or other property to be located an the Property for which tax abatement is sought is confidential and not subject to public disclosure until the agreement is executed. Such information in the custody of the City after the agreement is examted is not confidential under these Guidelines. XIL ProposedTaxAbatementAgreements 3' be decided l lanIndividual The adoption of these Guidelines by the City does not limit the discretion offt City of the City Council to delegm to its employees the Whority to determine whether or not the Y 1 1 •I !� 1 1 i 1 1• r �r "{ r %- 1/ �'; Y'. r f contract, or other leo right in any person or entity to have the City Council consider or grant a specif led application or request for tax abatement. iM Inspections. accessThe agreement shall stipulate that employees and/ or designated representatives ofthe City will have to the Reinvestment Zoneduring the term of the agreement ► inspect AuthorizedFacility to determine of the agreement"beingmet. All inspections be made only after the givingItwenty-fourhours'prior notice andwill only be conductedin such= manneras ► not r- + Nly 1 construction and/or operation ofthe Authorized Facility. AJI inspections will be made with one Upon of construction,annuallyll eacb Authorized Facility receiving abatement4ensum complianceagreement +'reportpossible RESOLMON NO. 2JU-9Q3 Kill 01MOC" MAO oil) D144 14 CRTAMM WHEREAS, Section 312.002 of the Texas Tax Code requires local taxing units to mate their intent to participate in tax abatement agreements and to adopt guidelines and criteria for granting tax abatements every two years; and WHEREAS, these updated policies, guidelines and criteria for tax abatement agreements wen reviewed and approved by the Paris Economic Development Corporation Board at their meeting on November 17, 2015, a copy of which is attached as Exhibit and incorporated herein by reference, hereinaftex referred to as "Agreement"; and WHEREAS, the City Council of the City of Paris, Texas hereby affirms its intent to be eligible to participate in tax abatement in accordance with Chapter 312 of the Texas Tax Code and to adopt the Guidelines and Criteria for Tax Abatement attached hereto and incorporated herein as Exhibit "A;" and WHEREAS, a dwee-quarters majority vote of the City Council of the City of Paris, Texas is required to amend the Guidelines and Criteria for Tax Abatement. Section 1. The findings set out in the preamble to this resolution are hereby in all things ?pproved. Section 2. The City hereby elects to be eble to participate in a tax abatement program and approves and adopts the amended Guidelines and Criteria for Tax Abatement attached hereto and incorporated herein as Exhibit "'A". . .. ........ 111111 111''1111 FR!ice Ellis, CLity Clerk 111 11111111111111111111 111 illillilillilifilli FPIJI 11111111111111111 11�1;1�pii�111111 1111111111 MUM 9,711M (Updated R POLICY j • .!. 1: I I' f f" : Y++' I! : A S 1 1 f 11} i x 1 !r authorized facility located anywhere wit1 li the area served by the Taxing Jurisdictions based on the following To be eligibLa for any taxt, there must be minimum w, investment n authorized r, y of $ 1,000,000 611.w� at least an ! newjobs added to 11' new" employees lf f 2. Any I a capitalinvestmentof more ISI r': million +if 000001 M accompanied by newly createdminimum ::fl" ; payroll of fand one-half million dollars I0044i 4" creating more than two hundred I jobs will be of n negotiated. specified in state law, If abatement be granted for more#' years and the totalabatement #1 newly business mustbe (or willbe) locatedwithinan enterprise1 designated reinvestment jurisdictions5. Tlic taxing felsignificant difkrence in the valuation Mrealproperty personaproperty, Bec t.',- a'` + depreciationI abatement of personal M F f' 1' fresult1 i tax exemption. For this reason, } "' abatement sc! ;r" 1 personal property - property may be diftbrent. Each industrial f It is looked at and d on an individual basis by die Iamar Countyrw:iW; District Ai). The typicaldepreciation tilt 'ed for industrial accounts by i is as a. Computers Vehicles—b. Furniture&Fbftres— loyear life c. to 10 year life (depending ontype) d. Machinery & Equipment — 15 year life (maybe longer or shorter depending on the type) iA or each abatement reqI Abatement Committee A' equipment(personal f kMinvestment%11 useful life separatefromthe real estatefif" investment to d1'the length1theabatementfor each. personal property should become obsoleteY bereplacedwhile underIabatementagreementthereplacement personal property is not ig A forabatement. achartsbelowprovidecapital guidelines yr qualifyfor taxabatement and i 7related schedule and percentage of abatement. 0I1 ' #'. 1 11 N :+. 111a' r 1114 $25,000 ,001 and Above Forprojec& with atpilat investment above WMAND ON creating more awn 225 newJobs, dw &= andpervenrage ofther abatement are bed n4p*ft but 5qnnof exceed 101"M or 10091 An additional #' abatement f newjob creation is available based on the following requirements: project ti. f #+ new wb f. Tim 1' fw wages aree S to4 greater than theCounty • - wage, br a private1 Mi" excluding retailtrade 1 accommodation and f 1 fi fannuallyor 2013. Source:Workforce! p! f fil: (Updated 1-11-16) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT via www.tracer2.com. (Note: This represents 54 7 companies, 10,470jobs and 56% of allprivate sector employme in Lamar County.) The taxing jurisdictions and the company must agree to include measuring, tracldng and annual reporting of the ne, jMM increases (existing jobs plus newjobs) for the entire term of the abatement agreement. For Net New Jobs (New Job Creation and -- ----- ------------ Retention of Existing Jobs) 1. 10 new jobs rnu- iii -uiii, . 2. Newjob wages = or > average annual wages forprivate sectorjobs in Lamar County. (Excluding retail, acomnioMons, food service. See Rem 9.b. above.) 3. Agree to maintain existing base and new jobs dunng the entire term of agreement. 4. *Year I cannot exceed 100%. V1. Tax Abatement for Existing Employers Regarding Real or Personal Property. The Taxing Jurisdictions woognize the value of its existing employers to the wellbeing: of the City and County. The Taxing Jurisdictions desire to encourage existing employers to remain in the Taxing Jurisdictions and to improve their respective businesses and industries, as well as their profitability. NOW L' Oil �roperly by constructing new improvements on its real property and/or adding new pemonal Itiroperty to its authorized facty which qualify for tax abatement under these Policies, Critcriz and Guidelines, such employer may be eligible for tax abatement with respect to such improvements to its real property or its new personal property under the provisions of Article V above, even if no new jobs or newly created minimum annual payroll are created. (Updated 1-11-16) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT mandated by state law under the Property Redevelopment and Tax Abatement Act prior to the i designation of a reinvestment zone and execution of a tax abatement agreement. The lead Taxing Jurisdiction (typically the City of Paris) may adopt an ordinance designating a F:.... abatement reinvestment zone only after notice of a public hewn has been published at least seven (7) days befive the date of the hearing, and all other procedural requirements of Chapter 312 of the Texas Tax Code have been satisfied. T.I114 rder to enter into an agreement, the Taxing Jurisdictions must find that: I . The tearis of the proposed agreement comply with these Policies, Criteria and Guidelines. 2. There will be no substantial adverse effrct on the provision of Taxing Jurisdictions' services or tax base. 3. That the planned use of the property will not coristitute a I: i11. to public safety, health or morals. 4. Incident to approval of any ordinance dengriating a reinvestment zone, the Taxing Jurisdictions shall find that the improvements sought are feasible and practical and would be a benefit W the land to be included f- reinvestment zone and to the Taxing Jurisdictions after the "x iration of the gveement Requests for variance from the provisions of these Policies, Criteria and Guidelines may be made in writing to the Taxing Jurisdons; provided, however, that in no event shall the terzn of any abatement exceed the period audaued by applicable state law. Such request &hall include a complete description of the circumstances requiring a varia=. Approval of a request fDr variance shall require the afflumative vote of thrm-fourths (3/4) of the members of each of the Taxing Jurisdictions' governing body� I 1 A person or entity to have the Twang Jurisdiction consider or grant a speced application or request for tax abatement. VIII. Abatement Agreement Terms and Conditions. Appendix B provides many of the terms and conditions to be included in any foffnal tax abatement legal agreement. DL Amendments to Policies, Criteria and Guidelines These Policies, Criteria and Guidelines are effective for a two (2) year period from the date of their adoption, unless amended earlier by the affinmative vote of fluee-fourths (3/4) of the membm of each governing body (City, County, PJC). AMfT=77 17= 774# Economic Development Corporation 1125 Bonham Street Paris, Texas T�&, 60 Pbo w 903-7844W Fax: 903-784-2503 Website: ww aristexasusa.com n -I[ 0 (Updated 1-11-16) POLICY STATEMENT 'CRITERIA AND GUIDELINES FOR TAX ABATEMENT OT17 r, "0 =4' 1. 4" J The replacement and upgrading of existing facilities, vv-Wch increases the productive input or output, updates the fthnology, or substantially lowers the unit cost of operation. Modernization may result from the construction, alteration or installation of builidings, structures, fixed machinery or equipment, but shall not be for the purpose of reconditioning, refurbishing, Mmiring, or deferred maintenance. — --------------- Machinery, equipment, tools, shelving or materials eligible under applicable i" tax which can be removed fiorn an authorized facil The land within an Enterprise Zone or a Reinvestimt Zone, together with all improvements and fixtures or otherwise situated thereon. -constructed Th Tax Abatement Advisory Committee will be convened from time to time by the Paris Economic Development Corporation to study, review and recommend tax 8batementS to the applicable Taxing Jurisdictions in the City of Paris and Lamar County, Tem. The Tax Abatement Advisory Committee will be composed of one person 1111.e of the Taxing Jurisdictions: the City of Pads (the City MaWer or designee), the County of Lamar (the County Judge or designee), Paris Junior College (the President or designee), the Chief MS Appraism of the Lamar County Appraisal District, and the Exemitive Director of the P' Economic Development Corporation. Reconmendations from the AAdvw'fy Committee shall be decided by majority vote of die representatives fm flie three taxing entities referenced above. (Updated 1-11-16) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT M JAC -fz r 71 Iz 1 Tir ITIVUCe fi,cifity MUM OL W -Of f i i -LA-1 A I? abatement to ensure compliance with the agreement and report posm violations of &e vwqe11 `1 to the Taxing bodies. rmtj"tton must be made by ffie same procedure 0 may not be milared to extew Rue tam or'lle-awmilmum JLC CI OIL therein be,39nd the time by State law. — ----------------- 0 . . t're anflm-fw4, fi9rtv oniv with ffie V74:11= TRW oil, tax abatement agreements auffiorized by them Taxing Jurisdictions under these Policies, criteria and Guidelines. Them responsibilities shall include annually ven4w Participants in tax abatement agreements are in full compliance with the terms of the agreement, includling completion and submissionof all required documents in a timely manner. 2. The Paris City Attorney "I expeditiously advise the Taxing Jurisdictions in writing of any instances of contract non-compliance by tax abatement participants. In addition, the Paris City Attorney shall, on an annual basis, conduct & perfimnance review of the activities of each tax abatement participant and report the findings of such review to the leadership and governing bodies of each taxing entity. 3. The Taxing Jurisdictions' governing bodies shall retain the right to WdependentlY review and au&t tbe activities of tax abatement participants, and shall be responsible for enforcement of the terms of any tax abatmnent agreement authorized hereunder. Aimually the Paris City Attorney sWl report to each of the governing bodies on its ring and com iiance activities and the status of allodmin oruto _P abatementAVOCTMUL ----- M