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1997-143-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 14TH DAY OF OCTOBER 1996 I I { .. . . RESOLUTION NO. 97-143 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 lith day of August, 1997, by Ordinance No. 97-039, nominate an area of the City of Paris as an Enterprise Zone; and, WHEREAS, the Department of Commerce did heretofore, on the 20th day of November, 1997, notify the City of Paris that its application for Enterprise Zone designation has been approved; and, WHEREAS, the final step in the designation of the Paris Enterprise Zone is the execution of the Agreement for Designation as an Enterprise Zone and the transmittal of the same to the Texas Department of Commerce; and, WHEREAS, the form of the Agreement for Designation as an Enterprise Zone, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager of the City of Paris, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Agreement for Designation as an Enterprise Zone, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E, Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Application for Designation as an Enterprise Zone, under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPI'ED dri, 4<h d" of D=mb~ ~~ Eric S. CHffor , or ' - ATTEST: ~b'~~~~~,~<\~~ Mattie Cunningham, City Clerk AGREEMENT FOR DESIGNATION OF AN ENTERPRISE ZONE STATE OF TEXAS ~ COUNTY OF TRAVIS ~ THIS AGREEMENT is made and entered into this 13th day of November, 1997, by and between the Texas Department of Economic Development, an agency of the State of Texas, hereinafter referred to as "Department" and the City of Paris, Texas hereinafter referred to as "Unit." WIT N E SSE T H: WHEREAS, the public policy of this state is to provide the people of this state with the necessary means to assist communities, their residents, and the private sector to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas and to provide employment to residents of those areas; WHEREAS, the objective of the Texas Enterprise Zone Act, Texas Government Code, Chapter 2303 (the Act) is to provide appropriate investments, tax benefits, and regulatory relief to encourage the business community to commit its financial participation; WHEREAS, the revitalization of enterprise zones through the concerted efforts of government and private sector is declared a public purpose; WHEREAS, Unit requested Department to designate an area within its jurisdiction as an enterprise zone, which is described in Exhibit A and Exhibit B attached hereto; WHEREAS, Unit filed its application on September 2, 1997, with Department for designation of an enterprise zone pursuant to the Act for the purpose of l'evitalizing the area described herein; WHEREAS, the governing body of Unit adopted an ordinance on August 11, 1997, following a public hearing, to nominate the area and made the necessary finding that the zone area meets the criteria for designation as an enterprise zone as set forth in the Act; WHEREAS, the Executive Director acting on behalf of Department authorized and approved the designation of the enterprise zone on November 13, 1997, under the terms and conditions of the Act and those set forth herein; II WHEREAS, Unit has entered or will enter into agreements with Qualified Businesses, as defined in the Act and as further defined in its nominating ordinance, in which the Qualified Businesses agree to maintain their status as Qualified Businesses in order to benefit from the local incentives available and in which Unit provides for certain local incentives, pursuant to the terms of the Act; NOW THEREFORE, in consideration of the respective representations and agreements herein contained, the parties hereto agree as follows: II , 1. REPRESENTATIONS. Department and Unit represent and warrant, as applicable, the foJ,Iowing: ~ 11 Page 1 of 5 EXHIBIT A (a) Findinl!s. Based upon the representations made by Unit, Department hereby reaffirms previous findings that the zone area meets the criteria for designation as an enterprise zone as set forth in the Act. (b) Desil!nation of Enterorise Zone. Department hereby designates the area described in Exhibit A and Exhibit B attached hereto as an enterprise zone, known as the City of Paris Enterprise Zone, sometimes referred to herein as thc Zone. (c) Period of Zone Desil!nation. The Zone shall take effect on November 13, 1997, and terminate on September I, 2005, unless otherwise specifically provided by the terms of this Agreement. Department may remove the designation, following a public hearing, if the area no longer meets the criteria for designation as set out in the Act or by Department rule or if Department determines that the governing body has not complicd with commitments made in the nominating ordinance. (d) Zone Liaison. Unit has designatcd its city project director as liaison to communicate and negotiate with Department, enterprise projects, Qualified Businesses, and other entities in or affected by the Zone. (e) Data Submitted. Unit further represents that the data provided to Department is accurate and current as of the date of application; and that there has been no material adverse change in the affairs of U nit. 2. PERFORMANCE. Unit represents and warrants that it will provide all tax relief and other incentives or benefits described in its application for zone designation including, but not limited to the following: (a) Unit may refund to any qualified business located in such enterprise zone the amount of tax paid under the Municipal Sales and Use Tax Act (Texas Tax Code, Chapter 321) by the business and remitted to the Comptroller of Public Accounts up to the maximum extent authorized by Sections 2303.505 and 2303.506 of the Act, and for a period determined by the city, but which shall not exceed 5 years. (b) Unit may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated enterprise zone, The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, with qualified employee being defined by the Act, 3. REPORTING REQUIREMENTS. Unit shall submit to Department no later than October 1 of each year an annual report of the progress, in narrative form, of activities within the Zone. This report shall be in a format prescribed by Department and shall include the information specified in Section 2303.205 of the Act, If such report is not received by the deadline, Department may, following a public hearing, terminate the designation of the zone. II 4. MONITORING. (a) Unit shall furnish additional information, reports or statements as Department may from time to time request in connection with this Agreement. In order to verify data relating to employment and purchases of equipment, machinery or building materials sold to an enterprise project, Unit and Qualified Businesses must permit on reasonable notice a representative of Department, State Auditor or State Comptroller's Office to inspect the books, records, and properties of Unit and of each Qualified Business at reasonable times and to make copies and abstracts of such books and records and any documents relating to such data. Unit shall include the substance of this section in all agreements with Qualified Businesses executed under the provisions ofthe Act. II n 11 Pagc 2 of5 (b) After each monitoring visit, Department shall provide Unit with a written report of the monitor's findings within sixty (60) days. If the monitoring reports note deficiencies in Unit's performance, the report shall include requirements for timely correction of such deficiencies by Unit. Failure by Unit to take action specified in the monitoring report may be cause for termination of this Agreement, as provided herein, 5. CONFLICT OF INTEREST, (a) Unit covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of this Agreement. Unit further covenants that in the performance of this Agreement no person having such interest shall be employed or appointed by it. (b) Unit's employees, officers, andlor agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Qualified Businesses or potential Qualified Businesses, (c) Unit shall comply with all terms and provisions of Texas Local Government Code, Chapter I71. 6. LEGAL AUTHORITY. (a) Unit represents and warrants that it possesses the legal authority to enter into this Agreement and to perform the services it has obligated itself to perform hereunder, (b) The person or persons signing and executing this Agreement on behalf of Unit, or representing themselves as signing and executing this Agreement on behalf of such entity, do hereby represent and warrant and guarantee that he, she or they have been duly authorized by such entity to execute this Agreement on behalf of such entity and to validly and legally bind such entity to all terms, performances, and provisions herein set forth. (c) Department shall have the right to terminate this Agreement if there ,is a dispute as to the legal authority of Unit or the person signing this Agreement to enter into this Agreement or to render performances hereunder, and the conclusion of that dispute is that Unit or such person signing did not have such authority. 7. CHANGES AND AMENDMENTS, (a) Except as specifically provided otherwise in this Agreement, any alterations, additions, or deletions to the terms of this Agreement shall be by amendment hereto in writing and executed by all parties to this Agreement. (b) It is understood and agreed by the parties hereto that performances under this Agreement must be rendered in accordance with the Act, the regulations promulgated under the Act, and the assurances and certifications made to Department by Unit with regard to the operation of the Texas Enterprise Zone Program. Based on these considerations, and in order to ensure the legal and effective performances under this Agreement by both parties, it is agreed by the parties hereto that the performanees under this Agreement are amended by rules or policy directives promulgated by Department which serve to establish, interpret, or clarify performance requirements under this Agreement. Policy directives and rule amendments shall not alter the terms of this Agreement so as to release Department of any obligation specified herein. (c) Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal or state law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulations. Department hereby agrees to notify Unit in writing of any such alterations, additions or deletions of which it has knowledge within sixty (GO) days of acquiring that knowledge, 8. TERMINATION. (a) Department shall have the right to terminate this Agreement, in whole or in part, at any time before the date of completion specified in Paragraph I (c) of this l I Page 3 of 5 Agreement whenever Department determines that Unit has failed to comply with any provision of the Act or Texas Enterprise Program Rules or when the enterprise zone area no longer meets the criteria for designation under the Texas Enterprise Zone Act and Rules. Department shall notify Unit in writing prior to the sixtieth (60th) day preceding the date of termination of such determination, the reasons for such termination, the effective date of such termination, and in the case of partial termination, the portion of the Agreement to be terminated. In the case of termination in whole, or in part, Department shall conduct a public hearing prior to the effective date of termination. (b) All of the parties to this Agreement shall have the right to terminate this Agreement, in whole or in part, when all parties agree that the continuation of the activities allowed under this Agreement would not produce beneficial results, provided that all parties agree in writing upon the termination conditions, including the effective date of such termination; and in the case of partial termination, the portion of the Agreement to be terminated. A public notice of termination of this Agreement shall also be published by Unit in a local newspaper covering jurisdiction of Unit. 9. NOTICES. Unless otherwise specifically provided herein, any notice, request, complaint, demand, communication or other paper shall be sufficiently given and shall be deemed given when the same are: (i) deposited in the United States mail and sent by first class mail, postage prepaid; or (ii) delivered in each case to the parties at the addresses set forth below or at such other address as a party may designate by notice to the other parties. If to Unit: City of Paris 135 First Street Southeast Post Office Box 9037 Paris, Texas 75461-9037 Attn: Michael E. Malone, City Manager and If to Department: Texas Department of Economic Development 1700 N. Congress Avenue Post Office Box 12728 Austin, Texas 78711 Attn: Executive Director II 10. OTHER AGREEMENTS. All oral and written agreements among the parties to this Agreement relating to the subject matter of this Agreement that were made prior to the execution of this Agreement have been reduced to writing and are contained in this Agreement, II 11. SEVERABILITY. If any provision of this Agreement shall for any reason be held invalid, illegal, or unenforceable, it is" the intent of the parties hereto that the remaining provisions of this Agreement shall be construed and enforced to the full extent permitted at law or in equity. 11 II Page 40f5 12. COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 13. ATTACHMENTS. The attachments enumerated and denominated below are hereby made a part of this agreement, and constitute promised performances by Unit in accordance with this agreement. (1) Exhibit A, Legal Description of the Zone; and (2) Exhibit B, Map. Witness our hands effective this day of ,1997. CITY OF PARIS, TEXAS TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT BY: Michael E. Malone ITS: City Manager I I Page 5 of 5 EXlllmT A ", ", City of Paris Enrerprise Zone boundary is as rollows: ( ',' For a 9.466 square mile tmct of land within the City of Paris, Paris, Texas, and .;. ...... .... " " particularly described as follows: .... .. ' ' BEGINNING at the intersection of Ihe centerline of North Main Street with .... " .... the centerline of Stone Avenue projcctcd to the West; THENCE Southerly with thc centerline of North Main Slreet and lhe centerline of South Main Slrcel to its intersection Wilh the centerline of Hearne Street; THENCE EaslerIy with Ihe centcrline of Hearne Slreet to its inlersection Wilh the centerline of Church Street; THENCE Southerly with the centcrlinc of Church Slreello its inlersection with FM I-lighway 1497; THENCE Soulherly with lhc centerline of 1'M Highway J497 a dislancc of approximately 3599 feet to ilS intcrseclion with a line lhal is 600 feet South of and , , parallel 10 the centerline of thc outside lane of Loop 286; THENCE Weslerly wilh a linc that is 600 fcet South of and parallel to the centerline of thc outside lane of Loop 286 to ilS intersection with the centerline of the Atchison Topeka and Sanla 1'c Railroad; THENCE Southwesterly wilh thc ccnterlinc of the A.T. & S.R. Railroad to its intersection with lhe centerline of COltonwood Branch; THENCE Norlherly with the cenlerline of Coltonwood Bmnch to its inlersection with the centerline of the Missouri-Pacific Railroad; THENCE Easterly with the centcrline of the Missouri-Pacific Railroad to its intersection with a line that is 600 fcet west of and parallel to the centerline of '" the outside lane of Loop 286; THENCE Northwesterly, Northerly, and Northeasterly with a line lhat is 600 feet from and parallel to the ccnlerline of the oUlside lane of Loop 286 to its intersection with lhe Wcst Boundary Line of a 26.326 acre lmct purchased by ..... Campbell Soup Company from Smilh; ',":,' " THENCE North 0 Degrees 24 Minutes Ensl with the West Boundnry Line of said Smith tmct a distnnce of 475 feel, more or less, to a point, snid point being in the South Boundary Line of n 6 acrc trncl purchased by Campbell Soup Company from Hollcy; THENCE South 89 Degrecs 30 Minutes East n distnnce of 389 feet with said Holley Soulh Boundary Line 10 the Soulheasl Corner of said I-Jolley tmct; THENCE Norlh I Degree East a dislance of 1229.6 feet to the most Westerly Norlhwest Corner of n 35.532 acre tmct purchased by Cnmpbell Soup Company from Council; THENCE North 89 Degrees 30 Minutes Enst a distance of 577 feet to nn ell corner in snid 35.532 acre tracl; '_ THENCE Norlh 0 Degrees 15 Minules Ensl n dislnnce of 10 14.2 feet to the :I most Northerly Northwesl corner of said 35.532 acre Council tmct; THENCE Enst a dislance of 3,043 feet, more or less. to a point in the centerline of Ihe Burlington-Northern Railrond; ",', THENCE North to lhc cenlerline of Lnkc Crook Rond; THENCE Southeasterly to lhe west boundnry line of North Mnin Strect; :." THENCE SOUlh with Ihe west boundary line of North Mnin Street to the '~ projected centerline of Stone Avenue nnd the plnce of beginning and contnining 9.466 square miles. ..' ) ~ ,J( i' . ,r IlL I, I , , , , . , ], ' , ' I' . , ~.. ",""""SI. " .. , . , , , ! . lj \i COTTONWOOD BRANCH t i 1 I L~ ~ , .), " , ! , l { i i 1 \ " '{ I ~ 1 , OLIVER RUEBER CO. , . . , n , , f i , l o Ol!: 1. HE ~grn l ~Q~ ; . ! l ~ , , , , ~ ! ~ ~ ~ ~ ~ J h ~ , :::JI[] l ~ - ~-~ BABCOCK &: WILCOX l' . , l I ,I " ,,, I w, '~'" f ~