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23 - Tax Abatement Agreement for Lionshead Speciality Tire & WheelItem No. 23 TO: City Council Gene Anderson, Interim City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Tax Abatement Agreement for Lionshead Specialty Tire & Wheel, LLC DATE: January 22, 2020 BACKGROUND: On December 9, 2019, the City Council directed me to prepare a tax abatement agreement for a new tax abatement with Lionshead Specialty Tire & Wheel, LLC ("Lionshead"). Lionshead is an Indiana corporation new to Paris which plans to build an assembly and warehousing plant for its business of assembling tire and wheel assemblies on property currently owned by the Paris Economic Development Corporation in the Northwest Business Park on NW Loop 286. PEDC will be entering a performance agreement with Lionshead as well by which PEDC will be conveying the property to Lionshead subject to performance standards and claw back provisions. The improvements, which will come in at a total cost of between approximately $6,000,000.00 and $8,200,000.00, will necessitate the hiring of at least 18 employees in the first three years of the agreement, and the agreement requires that those employees be retained throughout the remainder of the agreement as well. The abatement is for 7 years and will be granted on a de-escalating basis: 100% for the first two years, 75% years 3 and 4, 50% for years 5 and 6, and 25% for year 7. The abatement expires on December 31, 2027. STATUS OF ISSUE: Pending City Council approval of tax abatement agreement. BUDGET: Seven year abatement on the improvements set out in the Agreement. RECOMMENDATION: Motion to adopt a resolution approving tax abatement agreement between City of Paris and Lionshead Specialty Tire & Wheel, LLC in substantial conformance with the attached agreement and authorize the mayor to execute same on behalf of the city. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT WITH LIONSHEAD SPECIALTY TIRE & WHEEL, LLC; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Texas has been presented a proposed agreement by and between the City and Lionshead Specialty Tire & Wheel, LLC providing for a commercial and industrial tax abatement for certain improvements, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, hereinafter called the "Agreement"; and, WHEREAS, the City Council did heretofore, on the 131h day of January, 2020, in Resolution No. 2020-001, reaffirm its election to be eligible to participate in tax abatement agreements authorized by the Property Redevelopment and Tax Abatement Act, Texas Tax Code Chapter 312, et seq. (the Act"), in order to maintain and enhance the commercial and industrial economic and employment base of the Paris area for the long term interest and benefit of the City and its citizens; and, WHEREAS, under the Texas Enterprise Zone Act (Government Code Chapter 2303) and Texas Tax Code Sec. 312.2011, the designation of an area as an enterprise zone also constitutes designation of the area as a reinvestment zone (the "Reinvestment Zone"); and WHEREAS, the property defined in the Agreement and improvements to be made under the Agreement is situated within an enterprise zone, and thus a reinvestment zone, by virtue of 2010 U.S. Census data related to poverty levels within the zone; and WHEREAS, the contemplated use of the property, and the improvements to be installed therein in the amounts set forth in the Agreement and the other terms therein are consistent with encouraging development of said reinvestment zone in accordance with the purposes for which it was created and are in compliance with the City's policy of tax abatement incentives adopted by the City and all applicable laws; 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 therein 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, THAT: 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 and the property the subject thereof meet the City's Guidelines and Criteria for Tax Abatement adopted by the City of Paris by Resolution No. 2020-001. Section 3. That the terms and conditions of the proposed Agreement attached hereto as Exhibit A, 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 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 5. 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. Steven J. Clifford, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney STATE OF TEXAS ) COUNTY OF LAMAR ) TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the CITY OF 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 LIONSHEAD SPECIALTY TIRE & WHEEL, LLC, acting by and through its authorized officer whose signature appears below (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of January, 2020, in Resolution No. 2020-001, elect to be eligible to participate in tax abatement agreements in order to maintain and enhance the commercial and industrial economic and employment base of the Paris area for the long term interest and benefit of the City and its citizens; and, WHEREAS, under the Texas Enterprise Zone Act (Texas Government Code Chapter 2303), and the Redevelopment and Tax Abatement Act (Texas Tax Code Sec. 312.2011) the designation of an area as an Enterprise Zone also constitutes designation of the area as a reinvestment zone (the "Reinvestment Zone"); and WHEREAS, pursuant to the 2010 Census, the Property within City of Paris, Lamar County, Texas, is included within an Enterprise Zone, as is shown in the print-out from the Office of the Governor of the State of Texas on its website in Exhi it 1 attached hereto and made a part hereof for all purposes; and WHEREAS, Owner has agreed to make the Improvements specified herein, said Improvements related to the construction of a manufacturing and warehousing facility for the assembly and distribution of tires and wheel assemblies; and WHEREAS, the Owner has agreed to create and maintain at least eighteen (18) full- time equivalent employment positions; and WHEREAS, the contemplated use of the Improvements, as hereinafter defined, in the amount as set forth in this Agreement upon and within the Property, and the other terms hereof 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 abatement incentives and the ordinance creating such Enterprise Zone adopted by the City and all applicable laws; and NOW, THEREFORE, pursuant to Chapter 312 of the Texas Tax Code and the Guidelines and Criteria for Tax Abatement adopted in Resolution No. 2020-001, the parties hereto do mutually contract and agree as follows: 1 I. Term 1.1 The effective date of this Agreement is the 28th day of January, 2020, with the tax abatement being effective from and after January 1, 2021, and terminating on December 31, 2027 (an abatement period of seven (7) years (the "Abatement Period")). Said Abatement Period will terminate on December 31, 2027, regardless of when Owner completes the Improvements described in Sections II and III herein below. II. The "Property" - Area to be Improved 2.1 The Improvements defined in paragraph III below and made the subject of this Agreement shall be located on the Property located in Paris, Lamar County, Texas Plant and described in Exhibit attached hereto and incorporated herein by reference, which Property is within the Enterprise Zone. III. Consideration: Improvements 3.1 The Owner shall construct and operate an assembling and warehousing plant to be used in its business of assembling tire and wheel assemblies (herein called the "Improvements") at the Property located in Paris, Lamar County, Texas, which are more particularly described in Exhibit 3. attached hereto and incorporated herein by reference. Owner commits herein to invest no less than SIX MILLION AND NO/100 DOLLARS ($6,000,000.00) and up to EIGHT MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($8,200,000.00) to construct the Improvements, which shall be completed prior to December 31, 2020. All of said improvements shall be described in the City's Certificates of Completion defined Section X, "Reporting Requirements." For the purposes of this the default provision of this Tax Abatement Agreement (Section V), the Improvements will be deemed completed upon the issuance by the City of Certificates of Occupancy for the structures included in the Improvements. Once Owner has applied for said Certificates of Occupancy, the City shall not unreasonably delay the issuance of same. Notwithstanding the foregoing, however, Owner shall have such additional time to complete the Improvements as may be required in the event of "force majeure" if Owner is diligently and faithfully pursuing completion of the Improvements. For this purpose, "force majeure" shall mean any contingency or cause beyond the reasonable control of Owner including, without limitation, acts of God, any natural disaster, war, riot civil commotion, insurrection, governmental or de facto governmental action unless caused by acts or omissions of Owner, fires, explosions, accidents, floods, and labor disputes or strikes. 3.2 The Owner agrees and covenants that it will diligently and faithfully, in a good and workmanlike manner, pursue the completion of the Improvements. As good and valuable consideration for this Agreement, Owner further covenants and agrees that all construction of the Improvements will be in accordance with all applicable state and local 2 laws, codes and regulations, or Owner will procure a valid waiver thereof. In further consideration, Owner shall thereafter, from the date a Certificates of Occupancy for the structures on the Property are issued or the Improvements are completed as agreed until the expiration of this Agreement, continuously operate and maintain the Property and the Improvements as a tire and wheel assembly and warehousing plant. IV. Consideration Jobs 4.1 The City has provided in its Guidelines and Criteria for Tax Abatements, that in order to be eligible for a tax abatement, a new employer must make a minimal capital investment of $1,000,000.00 and create at least ten (10) new jobs. Owner herein has committed to a minimum investment of $6,000,000.00, and has committed to creating at least eighteen (18) new full-time equivalent with benefits positions with an estimated direct payroll of approximately SIX HUNDRED AND SEVENTY THOUSAND AND NO/100 DOLLARS ($670,000.00). These eighteen (18) full-time equivalent with benefits positions will be created on the following schedule: By June 30, 2021: Ten (10) By June 30, 2022: Five (5) By June 30, 2023: Three (3) In order to qualify for the tax abatement provided for herein, Owner must both create said full-time equivalent positions and retain those positions throughout the remaining years of the abatement period. V. Default 5.1 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 allows its ad valorem taxes owed the City to become delinquent and fails to timely and properly follow the legal procedures for protest or contest of any such ad valorem taxes; or (c) Owner fails to create and retain the required full-time equivalent positions set forth herein and on the schedule set forth herein; or (d) Owner materially breaches any of the other terms and conditions of this Agreement, then this Agreement shall be in default. In the event the Owner defaults in its performance of either (a), (b), (c), or (d) above, the City shall give the Owner written notice of such default. 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. In the event of default, and in accordance with the requirements of Section 312.205 (a)(4) of the 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 a determined by Section 33.01 of the Tax Code of the State of Texas, with all penalties permitted by the Property C Redevelopment and Tax Abatement Act and the Tax Code of the State of Texas, shall be recaptured and will become a debt to the City and shall be due, owning, 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 lawful 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. VI. Tax Abatement 6.1 Subject to the terms and conditions of this Agreement, and subject to the rights and holders of any outstanding bonds of the City, a portion of ad valorem Property taxes from the Property otherwise owed to the City shall be abated. Said abatement shall be an amount equal to the following percentages of the taxes assessed upon the increased value of the Improvements made by Owner to the Property described in Section III of this Agreement, over the value in the year which this Agreement is executed (the "Base Value"), in accordance with the terms of this Agreement and all applicable state and local regulations or valid waivers thereof; provided that the Owner shall have the right to protest or contest any assessment of the Property and said abatement shall be applied to the amount of taxes finally determined to be due as a result of any such protest or contest: Year 1 100% Year 2 100% Year 3 75% Year 4 75% Year 5 50% Year 6 50% Year 7 25% For the purposes of this Agreement, the Base Value of the existing real property shall be deemed to be the value as shown on the tax rolls of the Lamar County Appraisal District as of January 1, 2020. 6.2 The abatement granted herein shall be subject to and governed by the Criteria and Guidelines for Tax Abatement, a copy of which is attached hereto as Exhibit 4 and incorporated herein by reference, save and except that, in the event of a conflict between the requirements of ExhibilA and this Agreement, this Agreement shall control. 6.3 Owner covenants and agrees that subsequent to the date of this Agreement, any application by Owner for a new tax abatement for equipment or real property located within the Property and the Enterprise Zone applicable to this Agreement shall be subject to and governed by the City's Criteria and Guidelines for Tax Abatement in effect at the time of the new application. 4 VII. No Conflict of Interest 7.1 The Owner represents and warrants that the Property does not include any Property that is owned or leased by a member of the Planning and Zoning Commission of the City of Paris, nor by a member of the City Council approving, or having responsibility for the approval of, this Agreement. VIII. Conditions 8.1 The terms and conditions of this Agreement are binding upon and enforceable against and with respect to the successors and assigns of all parties hereto. 8.2 It is understood and agreed between the parties that the Owner, in performing its obligations hereunder, is acting independently; the City assumes no responsibility or liability in connection therewith to third parties; and Owner agrees to indemnify and hold the City harmless therefrom. It is further understood and agreed among the parties that the City, in performing its obligations hereunder, is acting independently; the Owner assumes no responsibility or liability in connection therewith to third parties; and, to the extent permissible by law, the City agrees to indemnify and hold harmless the Owner therefrom. IX. Compliance Provisions 9.1 Ci 's Right of Access to Records: The Owner agrees that the City, its agents and employees, shall have the reasonable right of access to records concerning the Owner's investment in the Improvements for the purpose of conducting an audit of the Project Improvements and Project costs. Any such audit shall be made only after giving the Owner at least fourteen (14) days advance written notice and will be conducted in such a manner as to not unreasonably interfere with the operation of the facility. Upon request, the Owner will provide the City with a detailed Asset Report with an itemized list of assets placed into service from the date of execution of this Agreement to the date of completion. The Asset Report will provide for each asset a unique serial and/or other identification number (if available), the date on which the asset was capitalized, the acquisition amount, and the accumulated depreciation amount. At the City's request, the Owner will provide actual invoices to support the amounts shown on the Asset Report. 9.2 City's Rights of Access to Pro erg The Owner further agrees that the City, its agents and employees, shall have reasonable right of access to the Property to inspect the Improvements in order to insure that the construction of the improvements is in accordance with this Agreement and all applicable state and local laws and regulations or valid waiver thereof. After completion of the Improvements, the City shall have the continuing right to inspect the Property to insure that it is thereafter maintained and operated in accordance with the Agreement during the term of the Agreement. All inspections will be made only after giving the Owner written notice at least seventy-two (72) hours in advance, and such 5 inspections shall be conducted in such a manner so as not to interfere with the operation of the facility. Representatives of the City inspecting the Property and Improvements shall be accompanied and by one (1) or more representatives of the Owner and shall sign an Agreement promising to maintain the confidentiality of any information they obtain in connection therewith except for the purposes of assessing and collecting ad valorem taxes and verifying or enforcing compliance with this Agreement, or as otherwise required by law. Said representative shall also be required to observe any facility rule and regulation applicable to the Property. Nothing herein shall be construed as limiting the City's ability to perform inspections or to enter the Property the subject of this Agreement. X. Reporting Requirements 10.1 Initial Reort The Owner further agrees that it will, by April 15, 2020, provide the City with a sworn report, written on Owner's letterhead and signed by a designated representative of Owner, which contains the following information relating to the improvements completed in the year 2020: (a) A copy of the printout from the Lamar County Appraisal District showing the market value of the Property as of January 1, 2018, prior to the construction of the Improvements; (b) Detailed description of the Improvements; (c) A detailed description of any miscellaneous items of office equipment and 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; (e) A detailed list of and the actual cost of added machinery and equipment; (f) The actual cost of capital Improvements; and, (g) The date of substantial completion of the Improvements as defined in paragraph 3.1 hereof. 10.2 Annual Re rt on Compliance for Each Yegr of the Abatement Period: In addition to the report required in Paragraph 10.1 hereinabove, Owner further agrees that by Aril 15th of each year of this Agreement beginning in the year 2021, it will provide the City with an annual sworn report which shall certify, in writing, that it is in compliance with each applicable term of this Agreement. Such annual report shall be furnished in the form attached hereto as Exhibit 5 and incorporated herein by reference and shall reflect the prior fiscal year. Owner shall attach thereto copies of the employer reference summary page of its Texas Workforce Commission Employer's Quarterly Reports for the calendar year immediately preceding the date of the annual report required by this section, and the report shall contain a sworn statement signed by the Plant 0 Manager or an Officer of the Company certifying that the information provided in the summary page is a true and valid report filed with the Texas Workforce Commission. 10.3 The reporting requirements and deadlines set forth herein are an integral and material part of this Agreement, and Owner acknowledges that failure to timely submit any report or sworn statement required herein is a breach and default of this Agreement as set forth hereinabove. Owner further agrees to timely submit said reports and/or sworn statements without prompting by the City. 10.4 Owner shall submit all compliance reports required to by this section via certified mail, return receipt requested, to: City of Paris c/o Office of the City Attorney P.O. Box 9037 Paris, Texas 75461-9037 Alternatively, said reports may be delivered personally to the Office of the City Attorney at 135 SE 1st St., Paris, Texas 75460. XI. City's Certificate of Completion 11.1 Within thirty (30) days of receipt of each Annual Report on Improvements required by paragraph 10.1 hereinabove, or as soon thereafter as practicable should the City require additional information from the Owner, the City shall: (a) review same for compliance with the terms of this Agreement; (b) verify that the Improvements identified in the Report and required by the terms of this Agreement have been completed; (c) and, if the required Improvements have been made, deliver a Certificate of Completion in the forms attached hereto as Exhibit 6 and executed by the Mayor to the Chief Appraiser of the Lamar County Appraisal District. The City shall attach to said Certificate of Completion a copy of the information provided by Owner in its Annual Report on Improvements as an identification of the Improvements upon which the tax abatement is to be granted. 11.2 In the event that the City requires additional information in order to conduct the review and verification contemplated by paragraph 11.1 hereinabove, the City shall notify the Owner of same as soon as is practicable, but no later than thirty (30) days after receipt of the Annual Report on Improvements. 7 11.3 Nothing in this section shall prohibit the City from exercising its right to declare Owner in default or Owner's right to cure same in accordance with the terms of Section V hereinabove. XII. Authority to Contract 12.1 This Agreement was authorized by resolution of the City Council at its regularly scheduled meeting on the 28th day of January, 2019, authorizing the Mayor to execute the Agreement on behalf of the City. 12.2 This Agreement was entered into by Lionshead Specialty Tire & Wheel, LLC pursuant to the authority granted to the authorized official whose signature appears below. 12.3 This Agreement shall constitute a valid and binding Agreement between the City and Owner when executed in accordance herewith, regardless of whether any other taxing unit executes a similar Agreement for tax abatement. XIII. Legal 13.1 No officer, official or agent of the City has the power to amend, modify or alter this Agreement or waive any of its conditions or to bind the City by making any promise or representation not contained herein. 13.2 This Agreement, except by operation of law, shall not be assigned or transferred by Owner, without the prior written consent of City, which consent shall be at the sole discretion of the City. 13.3 Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: OWNER: Lionshead Specialty Tire & Wheel, LLC Attn: Gary Graham and Galen Miller 305 Steury Ave. Goshen, IN 46528 CITY: CITY OF PARIS, TEXAS Attn: City Manager P.O. Box 9037 Paris, TX 75461-9037 With a co to: City Clerk, City of Paris, Texas (address same as above) City Attorney, City of Paris, Texas (address same as above) 13.4 If any term or provision of this Agreement shall be declared unconstitutional or void by any court of competent jurisdiction, the constitutionality and validity of the remainder of said Agreement shall not be affected thereby, and to this end the terms and provisions of this Agreement are declared to be severable. 13.5 This Agreement sets forth the entire understanding between the parties, and any other understandings or agreements shall be canceled and superseded by this Agreement upon the date of execution hereof. None of the terms of this Agreement shall be 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 are included for convenience only and shall not be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. This Agreement is performable in Lamar County, Texas, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the benefit of the City, Owner, and their respective successors, and permitted assigns, if any. 13.6 Venue for any actions arising under this Agreement 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. 13.7 Owner and the City have both contributed to the drafting of this Agreement, and no ambiguity, if any, contained in this Agreement shall be construed against either party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the date set forth below. WITNESS our hands this _ day of 2019. THE CITY OF PARIS, TEXAS Mayor E ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney LIONSHEAD SPECIALTY TIRE & WHEEL, LLC I: ATTEST: Title: Title: Date: 10 LIST OF EXHIBITS: 2010 Designation of Enterprise Zone which includes the Property 2. Map of the Property Diagrams of Improvements 4. Resolution No. 2020-_; Criteria and Guidelines for Tax Abatement 5. FORM: Annual Certificate of Compliance 6. FORMS: Certificates of Completion 11 zone(shadedin Irtue of is and pursuant to de Chap. 2303 and de Sec. 312.2011 ty is shaded ;',kll3D,, dl%P PrI D- 115907 ForYear e 2019 Map r 1 car Ye 2019�ommu� , Map 11 DIMMEAD I dw m HE AS. uaWv; 111111 m, mu .569 STEVPVavF,ry4F. 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PirelliimlipirL Mite Illin IPI NAM P - EftlP I a I hp, am I I f - ` 1 RESOLUTION ' PARIS, .; a R y ' rig• 1� � - #•- •• - • • • •. r. • rr• .•. r r rrr •• r •adoption; anr illi:• w • r • t r; - •�; • r AS, the City Council last adopted Criteria and Guidelines for Tax Abatement on January 11, 2018; and WHEREAS, after considering public comment, if any, at said public hearing, the City Council of the City of Paris, Texas hereby reaffirms its intent to be eligible to participate in property tax abatements 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 ft • and WHEREAS, a three-quarters majority vote of the City Council of the City of Paris, Texas is required to amend the Guidelines and Criteria for Tax Abatement; and WHEREAS, the City Council elects to readopt the Guidelines and Criteria for Tax Abatement adopted on January 11, 2018 without amendment; 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. The City hereby elects to be eligible to participate in a property tax abatement program and approves and adopts the Guidelines and Criteria for Tax Abatement attached hereto and incorporated herein asit :Fecr"o w 3. This resolutionbecome effective from and. date of AiIVQ V i.liif r 11 Mayor ATTES".r: ce E. lis, Cl m .1. y Gerk F.11 9 u :14143 Ell To MAU 'Step� ir S A�pt We H. Harris, Cit, .y,,At-torne,y (Readopted 01-13-2020) POLICY STATEMENT ("IRITERIA AND GUIDELINES FOR TAX ABATEMENT .. ..... .. . . ..... . . ...... . ..... . ...................... . . ...... . .. ....... . . . ...... ...... .... . . ... . . .. . . . .................... W 1,1 es 11134,11"11111t SII ofd ji, d, Jolb CreaflonCrkarin ............... 121=MM-Z � 1--E� ---. -mm "YoW77M Mow ex, s 0 r,lflrlll 1. To be eligible for any tax abatemenhere must be a minimum capital investment in the authorized facility of $ 1,000,000 and at lent tan (10) new jobs added to the new employer's labor force. 2. Any project with a capital investment of more than, twenty-five million dollars ($25,000,000), AND accompanied by a newly created minimum annual payroll of two and one-half million dollars ($2,500,000), OR creating more than two hundred twenty-five (225) jobs will be individually negotiated. specified in state law, no abatement will be granted for more than 10 years and the total abatement shall not exceed 100%. 4. A newly created business inust be (or will be) located within an enterprise zone or a designated reinvestment zone. 5. The taxing jurisdictions recognize a significant difference in the valuation of real property versus personal property. Because of depreciation schedules, the abatement of personal property could result in a tax exemption. For this reason, the abatement schedule for personal property versus real property may be rt. Each industrial account is looked at and valued on an individual basis by the Lamar County Appraisal District (LCAD). Ile typical depreciation used for industrial accounts by LCAD is as follows: "I In a. Computers — 3 year life b. Furniture & Fixtures — 10 year fife c. Vehicles — 7 to 10 year life (depending on type) (L 14 f' & Equipment — 15 yeu life (maybe longer or shorter depending on the type) Fff r eacl4L,,iteiceat 3a(kuest tim—MC w -U ev2lulte tye, eXui-,A�pxt ilvestfuel t%li vmef-e We &-jqate from the real estate (real property) investment to determine the length of the abaternent for each. If personal property should become obsolete and be replaced while under an abatement agreement, the replacement personal property is not eligible for abatement. The charts below provide capital investment guidelines to qualify for tax abatement and the related schedule and percentage of abatement. I 2=1 11 oil $20,000,001 to $25,0001 $25,000,001 and Above Forpmjerb wifth caphal investment above $25MAND $25M in new annualpayrou OR creadag more than 225 newjobs, the term andpercentage of the abahment are both nego&hk but cannot exceed 10. or 00% (ReadoM ted 01-13-2020) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT . . . ......... — 9. An additional 20% abatement for newjob creation is available based on the following requirements: a. A project that creates a minimum of 10 newjobs. b. The newjob wages am equal to or greater than the current County average wage for all private sectorjobs excluding retail trade and accommodation and food services ($41,158 annually for 2013. Source: Texas Workforce Commission via www.tracer1c ' orr. (Note: This represents 547 companies, 10, 4 70johs and 56% of allprivate seaor employment in Lamar County.) c. The taxing jurisdictions and the company must agree to include fl" asurinp, tracidug and annual reporting of the not job increases (existing jobs plus nowjobs) for ffie entire term of the abatement agreement. V1. Tax Abatement for Existing Employers Regarding Real or Personal Property. The Taxing Jurisdictions recogrfize, the value of its existing employers to the well-being of the City and County. 'fhe Taxing Jurisdictions desire to encourage existing employers to remain in the Taxing Jbrisdictions and to improve their respective businesses and industries, as well as thek profitability. Ai low IT4IV4111 property by 44 I' new improvements on its real property and/or adding new personal property to its authorized facility which qualify for tax abatement under these Policies, Criteria and Guidelines, such employer may be eligible for tax abatement with respect to such im M NI � to i MANI rtt4141'Tz;MqT,pJJ 112 N I 6 MIMI loologitly'Lall 11170TA M 0 tol I a U* ;�qwt'K6 -2�1;' a X 6) 11 # a I I Kro RIP U14 raFA Jilikk.-g .1 MAA4 1 , A * (Readopted 01-13-2020) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT existing annual payroll as is economically feasible for the existing employer, while remaining competitive in its industry. VH. Greenfield projects In order to encourage the development of greenfield properties and also to be able to expedite WAnro�jcts- tv-&j=*IR, r -g ?I' 911014 1 VWW 'fjlaf�fi;q 1W 1 41) 111"Wall"111 0 IN1,1116601 I LIAM AM 6 II ,:"1 Wo sit 1W 7=1 :1 #74 Fm 0 4 I's I rb- .16 6 Proposed "CI Sr Agreements Decided on Basis VIU. Abatement Agreement Terms and Conditions. Appendix B provides many of the terms and conditions to be included in any formal tax abatement legal agrement. M 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 affirmative vote ofthree-fouiths (3/4) of the members of each governing body (City, County). Paris, Texas 75460 Pbow 903-784-6964 Fax: 903-784-2503 Website: N,,vww, iaristexamm-coM Email- (Readopted 01-13-2020) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMENT Agreement or legalagreement for ', abatement between ;lee s property wal, " andlor� leme d LTA!'I t Paris,III ,r; and Paris Nrrio,qql� Authorized m ay be eligibleabatement .nt" ed research, Commercialr regional distribution, regional entertainment, other basic industry, include buildings and structures, inclu`, (g fixed machinery and equipment used in operating facility.the the majority of users are likely to stay in the Taxing Jurisdictions for more than one day and will therefore 4Xel utilize local restaurants and hotel/motel accommodations. materials or to, 4!Mroye.or .4pelog the production,pro�esses thereto. Not elsewhere described, used for the production of 3wroducts or ser -vices which result in the creation of new jobs and bring new wealth into the Taxing Jurisdictions (e.g. healfficare- ed industrie Primary Jobs Any industry creating "pritnary jobs" defined as a job that is available at a company for Creating Industry which a majority of the products or services of that company are ultimately exported to regional, statewide, national, or X14.., markets infusing new doll= into the ,I' -c: ", ,;,A An area where the Taxing Jurisdictions have decided to influence development patterm and I",,h the, attract major investments "IIe hat will contributedevelopment of the area through of tax abatement for specified improvements. These statues are found in Chapter 312 of the Texas Tax Code. ,e,' is when an individual w, ;,p 40 hours ,,r,", a week ",.21, employer, and in the position the individual is provided the benefits normally offered by the employer, such as health insurance, vacation and some form of retirement benefit. A job is not a position filled for the employer as a workeremployee .; ,9, employment agencyor employment se also includes uIA t r (Readopted 01-13-2020) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATEMEV" 9 M11114 4 IND 010 yalroto v M Im (1ll 11• 00, I A refurb deferred maintename, Machi (Readopted 01-13-2020) POLICY STATEMENT CRITERIA AND GUIDELINES FOR TAX ABATETV.-FEVII C 11 ;to C -11M a I.Aie It 11 Modificatio Kid- 1''.! of Agreement 11-6--u=rlo '1"'+!l e'l11'1 or 1 c term ofRe abatement granted tIl` icin beyond the time pqp#qq4 1State law. mav be 0 1 ,►al -121, rc;Icn;' L 11101k1ATJPkj' Orr - Contract tax abatement agreements authorized by them Taxing Jurisdictions under these Policies, Review, Criteria and Guidelines. These responsibilities shall: f annually verifying participants in Monitoring and tax abatementagreements are in fiffl compliance with the terms of the agreement, including Reporting completion and submission of all required documents in a timely man=. The Paris City Attorney shall expeditiously advise the Taxing Jurisdictions in writing of any 12. MSU=es of contract non-compliance by tax abatement participants. In addition, the Paris city Attorney shall, on an ammal basis, conduct a performarm review of the activities of each tax abatement participant and report the findings of such review to the leadership andgoverning bodies of each taxing entity. I The Taxing Jurisdictions' governing bodies •, 1: retain the right to independently review and audit the activities of tax abatement participants, and shall be responsible for '1 T' of the term of any tax abatement agreement authorized hereunder. 4. Annually the Paris City Attorney shall report to each of the governing bodies on its monitoring and compliance activities and the status of aH existing abatement agreements. 11 DO 1 'THE STATE OFTEXAS § I XT1,111fl, Hilil,11! 11 1.11,11, INITIAL WHERE APPROPRIATE: M (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) By April 15, 202 1, the Company hired no fewer than ten (10) full -time - employees to operate the Paris Facility and maintained those employees. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2021. (6) All other terms and conditions of this Agreement have been complied wift. from MOW fratIMUM"114 Rim. P11a11CC-VT1L11 [fit Let -771 or terms we not met. Attach additional pages if necessary. Certificate of Compliance/Non-Compliance .Page 2 VE R.I.H.C.A112N STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared , the affiant, a person whose identity is known to me. After I administered an oath to affiant, afflant testified: "My name is . I am capable of making this verification. I have read the foregoing Certificate of Co mp liance/N on -Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Wor Sworn to and subscribed before me this the _,_ day of .. . ....... ­._­�� 20-- THE STATE OFTFXAS § COUNTY OF LAMAR INITIALWHERE APPROPRIATE,-, -Lionshead Specialty Tire 8t Wheel, LLC (the "Company") hereby certifies thA (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) By April 1S, 2022, the Company hired no fewer than five (S) full-time employees to operate the Paris Facility and maintained those employees as well as the ten (10) employees hired in 2021. The total number of full-time employees working at the Facility as of the date of this report is � (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2022. (6) All other terms and conditions of this Agreement have been complied with. Please Circle the number Ur ggjo Certificate cif Compliance/Non-Compliance Page 2 Y E HIFICA if P. STATE OFT § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared the afflant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: "My name is . I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." �iM Sworn to and subscribed beforeday of ............................................. ,,, ,20—. Annual Certiflcate of Compliance/Non-Compliance Year 3-2023 Tax Abatement Agreement ("the Agreement") Between the City of Paris, Texas And Lionshead Specialty Tire & Wheel, LLC Dated January 22, 2020 'HE STATE OF TE § INITIAL WHERE APPROPRIATE-. M, .-Liorishead Specialty Tire & Wheel, LLC (the "Company") hereby certifies that: (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) By April IS, 202 3, the Company hired no fewer than three (3) full-time employees to operate the Paris Facility and maintained those employees as well as the twelve (12) employees hired in 2021 and 2023. The total number of full-time employees working at the Facility as of the date of this report is _. (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2023. "6) All other terms and conditions of this Agreement have been complied with. Pleas has failed to comply and state in what way compliance with the term or not met. Attach additional pages if necessary. Certificate of Compliance/Non-Compliance Page 2 YE RIF.�ILAII.Q.2.9. STATE OFTEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared ' the affiant, a [,i�rerson whose identity is known to me. After I administered an oath to afflant, affiant testified: "My name is . I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Workforce Commission." FVIT4TIaroV";, Sworn to and subscribed before me this the day 'HE S"FATE OFTEXAS § COUNTY OF LAMAR § M (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2024, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2024. (6) All other terms and conditions of this Agreement have been complied with. —Lionshead Specialty Tire & Wheel Company, LLC certifies that the company is not in compliance with its agreement with City of Paris for the year _. has failed to comply and state in what way compliance with the term or terms wela not met- Attach additional pages if necessary. Certificate of Compliance/Non-Compliance Page 1H, COUNTY OF LAMAR identityBEFORE ME, the undersigned notary, on this day personally appeared the affiant, a person whose an oath to afflant, afflant testified: "My name is . I am capable of making this verification. I have read the ogo � � � � t� ce' facts stated personal in it are within my are 4" of those reports filed with the Texas Workforce Commission." Sworn it subscribed before tday 0 THE STATE OF TEXAS § COUNTY OF LAMAR INITIALWHERE APPROPRIATE-. KDA, _—Lionshead Specialty Tire 81 Wheel, LLC (the "Company") hereby certifies that. (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2025, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2025. (6) All other terms and conditions of this Agreement have been complied with. Please Circle the n has failed to comply and state in what way compliance with the term or terms were iaot met. Attach additional pages if necessary. Certificate of Compliance/Non-Compliance Page 2 V.E R.,11I.E.1 MIDN .. . .. . .... ....... . .... STATE OFTEXA.S § COUNTY OF LAMAR § BEFORE ME, the undersigned notary, on this day personally appeared Lhe affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: Um ,y ri,anie is .................................................................................. . ..................... _ .............. . I am capable of making this verification. I have read the foregoing Certificate of Compliance/Non-Compliance. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." MMAM Sworn to and subscribed before me this the — day of .............................................................. ... �20 ............. 'THE STATE OF TEXAS § INITIAL WHERE APPROPRIATE.: M (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2026, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches heret o copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2026. '6) All other terms and conditions of this Agreement have been complied with. 14VF r.. 1114011 IJ O(j J Itt,1111CAM IN I's t IW "IN j _ V , T I M11 USM' JOYM, BMW, has failed to comply and state in what way compliance with the term or terms we not met. Attach additional pages if necessary. Certificate of Compliance/Non-Compliance Page 2 V�, .......... E ........... R 1j', ATIO ........................... N., STATE OF TEXAS § COUN'TYOFLAMAR § BEFORE ME, the undersigned notary, on this day personally appeared identity is known to me. After I administered an oath to affiant, affiant testified: "My naiaie I i s I am capable of making this verification. I have read the foregoing Certificate of Compliance/ Non- Co mplian ce. The facts stated in it are within my personal knowledge and are true and correct, and I further certify that the Employer Reference Summary pages are true and correct copies of those reports filed with the Texas Workforce Commission." Sworn to and subscribed before me this the — day of Specialty Tire & Wheel, LLC (the "Company") hereby certifies that: (1) All ad valorem taxes have been paid to City and all other taxing entities. (2) In 2027, the Company maintained no fewer than fifteen (15) full-time employees to operate the Paris Facility. The total number of full-time employees working at the Facility as of the date of this report is (3) The Company has continuously operated the Property and Improvements described in the Agreement as a tire and wheel assembly and warehousing plant. (4) The Company submits herewith and attaches hereto copies of the Employer Reference summary page of its Texas Workforce Commission Quarterly Reports for the Paris Facility for each quarter of 2027. (6) All other terms and conditions of this Agreement have been complied with. I has failed to comply and state in what way compliance with the term or terms were not met. Attach additional pages if necessary. Certificate of Compliance/Non-Compliance Page 2 ................... STATE OF TEXAS COUNTY OF L BEFORE ME, ,,, undersignednotary, on this day personally p the affiant, ; person whosei ! administered affiant,an oath to Eitestified: "My name is . I am capable of making this verification. I have read the foregoing stated are within my personal and are true and correct, and I further certify that the Employer Workforce � Sworn ,o and subscribed e1rday 1 -i,TATE OF TEXAS ,, COUNTYOF LAMAR, CITY OF PARIS, The City of Paris, Texas has executed and delivered a Tax Abatement Agreement (the "Agreement") dated October 23, 2017, with LIONSHEAD SPECIALTY TIRE & WHEEL, LLC, for certain improvements and other equipment (the "Improvements") to be installed on property plant located in Paris, Lamar County, Texas, said Improvements described in Exhibit A attached hereto, which property is located within an Enterprise Zone established by the United States Census in 2010. Based on information provided by Company and verified by the City, the City of Paris herein verifies that the Improvements agreed to be built, installed and used in the calendar year 2020 have in fact been completed as provided for in the Agreement and that the Company has complied with all other terms of the Agreement including those related to employment levels. NOW, THEREFORE, the City of Paris authorizes that the property described in Exhibit A attached hereto shall receive a tax abatement during each year through the end of the term the Tax Abatement Agreement equal to 100% in years 2021 and 2022; 75% in years 2023 and 2024; 50% in years 2025 and 2026; and 25% in the year 2027, of the taxes assessed upon the increased value of the real and personal property of the Company located in Paris, Texas, over the value at which the property was last appraised on January 1, 2020, which is the year in which the Tax Abatement Agreement was executed, as recited in the Agreement. The tax abatement will extend for a duration of seven (7) years, with the tax abatement beginning January 1, 2021, and ending December 31, 2027. APPROVED this y _.._. Mayor Janice Ellis, City Clerk.mmmmmmmm..........mm,