1989-068-RES WHEREAS,CITY COUNCIL, AT ITS REGULAR MEETING ON 03.13.89
RESOLUTION NO. 89-068
WHEREAS, the City Council of the City of Paris, Paris,
Texas, did at its regular meeting on March 13, 1989, by
Resolution No. 89-023, approve an area to be designated
enterprize zone and authorized application to the Texas
Department of Commerce for such designation of an Enterprize
Zone; and
WHEREAS, on June I, 1989, the Texas Department of Commerce
approved said application nominating an area of Paris as the
Paris Enterprize Zone; and
WHEREAS, the final step in the designation of the Paris
Enterprize Zone ~s the execution of the "Agreement for
Designation of an Enterprize Zone", attached hereto as Exhibit A
in duplicate originals and the transmittal of the same to the
Texas Department of Commerce for final execution by the Texas
Department of Commerce; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the "Agreement for Designation of an Enterprize Zone"
attached hereto as Exhibit A, is approved and accepted.
BE IT FURTHER RESOLVED, That the mayor of the City of Paris,
Eric S. Clifford, be, and he is hereby authorized and directed to
execute on behalf of the City of Paris the "Agreement for
Designation of an Enterprize Zone" with the Texas Department of
Commerce, an agency of the State of Texas, attached hereto as
Exhibit A.
Passed and adopted this l2th day of June, 1989,
~
EAc S. i or , MaYOr'
ATTEST:
1R~'tt: \ \:~*~
attie Cunning am, Cit C er
:Ja~
T. K. Haynes, City Attorney
AGREEMENT FOR DESIGNATION OF AN ENTERPRISE ZONE
STATE OF TEXAS ~
COUNTY OFTRAVlS ~
THIS AGREEMENT is made and entered into this 1 st day of June, 1989, by and between the Texas
Department of Commerce, an agency of the State of Texas, hereinafter referred to as
"Department" and the City of Paris, Texas hereinafter referred to as "Unit."
WITNESSETH:
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 Civil Statutes, Article
5190.7 (the Act) is to provide appropriate investments, tax benefits, and regulatory relief to
encourage the business community to commit its financial participation (Sec. 2(b));
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 has filed its application on March 16, 1989, with Department for
designation of an enterprise zone pursuant to the Act for the purpose of revitalizing the area
described herein;
WHEREAS, the governing body of Unit adopted a resolution on March 13, 1989, 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 June 1, 1989, under the terms and conditions of the
Act and those set forth herein;
WHEREAS, Unit has entered or will enter into agreements with Qualified Businesses, as
defined in the Act and as further defined in its nominating resolution, 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:
1. REPRESENTATIONS. Department and Unit represent and warrant, as applicable, the
following:
Page 1 of 5
EXHIBIT A
(a) Findinos. Based upon the representations made by Unit, Department hereby
reaffirms previous findings that the zone area meets the criteria for designaHon as an
enterprise zone as set forth in the Act.
(b) Desionation of Enterprise Zone. Department hereby designates the area
described in Exhibit A and Exhibit B attached hereto as an enterprise zone. known as The Paris
Enterprise Zone, sometimes referred to herein as the Zone.
I c) Period of Zone Desionation. The Zone shall take effect on June 1. 1989. and
terminate on September 1, 1996, 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 complied with commitments made in the
nominating resolution.
(d) Zone Liaison. Unit has designated its Director of Community Development as
liaison to communicate and negotiate with Department, enterprise projects, Qualified
Businesses, and other entities in or affected by the Zone.
Ie) 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 Unit.
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:
Unit shall 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 to the extent authorized by TEXAS TAX CODE,
Section 321.508 for a period of five years from the date Department certifies the entity as a
qualified business under the Act.
3. REPORTING REQUIREMENTS. Unit shall submit to Department no later than March 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 23 of the Act. If such report is not received by the deadline, Department
may, following a public hearing, consider termination of the designation of the zone.
4. MONrrORING. (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 of the Act.
( 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
Page 2 of 5
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. CONFUCT OF INTEREST. I 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.
I b) Unit's employees, officers, and/or 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,
Texas Government Code, Chapter 171.
6. LEGAL AIJTHORrrY. I 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.
I 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 performances 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.
I 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 (60) days of
acquiring that knowledge.
Page 3 of 5
8. TERMINATION. I 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 1 (c) of
this Agreement whenever Department determines that Unit has failed to comply with any
provision of the Act or Texas Enterprise Program Rules. Department .shall notify Unit in
writing prior to the sixtieth 160th) 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 Iii) 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
Post Office Box 9037
Paris, Texas 75461-9037
Alln: Eric S. Clifford, Mayor
and
If to Department:
Texas Department of Commerce
816 Congress, Suite 1200
Post Office Box 12728
Austin, Texas 78711
Alln: Executive Director
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.
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
Page 4 of 5
provisions of this Agreement shall be construed and enforced to the full extent permitted at law
or in equity.
1 2. COUNTERPARTS. This Agreement may be executed in several C9unterparts, each of
which shall be an original and all of which shall constitute but one and the sarne 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.
I 1) Exhibit A, Legal Description of the Zone; and
I 2') Exhibit B, Map.
Witness our hands effective this _ day of
, 1989.
CITY OF PARIS
PARIS, TEXAS
TEXAS DEPARTMENT OF COMMERCE
BY:
Eric S. CIi<<ord
BY:
J. William Lauderback
ITS:
Mayor
ITS: Executive Director
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
Page 5 of 5
EXHIBIT A
DESCRIPTION OF ENTERPRISE ZONE
BEGINNING at the intersection of the centerline of N.
Main Street with the centerline of Stone Avenue'proj.ected to
the West; . .
THENCE Southerly with the centerline of N. Main Street
and the centerline of S. Main to its intersection with the
centerline of Hearne Street;
THENCE Easterly with the centerline of Hearne Street to
its intersection with the centerline of Church Street;
THENCE Southerly with the centerline of Church Street
to its intersection with a linp. that is 600 feet south of
and parallel to the centerline of the outside lane of Loop
286;
THENCE Westerly with a line that is 600 feet South of
and parallp.l to the ceneerline of the outside lane of Loop
206 to its intersection with the centerline of the Atchison,
Tupeka and Sanea Fe Railroad;
THENCE Suuthwesterly with the centerline of the A.T. &
S.R. Railroad to its intersection with the centerline of
Cottonwood Branch;
THENCE Northerly with
Branch to ies intersection
Missouri-Pacific Railroad;
THENCE Easterly with the centerline of the Missouri-
Pacific Railroad to its intersection with a line that is 600
feet west of and parallel to the centerline of the outside
lane of Loop 286;
THENCE Northwesterly, Northerly and Northeasterly with
a line that is 600 feet from and parallel to the centerline
of the outside lane of Loop 286 to its intersection with the
West Boundary Line of a 26.326 acre tract purchased by
Campb~ll Soup Company from Smith;
THENCE North 0 Degrees 24 Minutes East with the West
Boundary Line of said Smith tract 475 feet, more or less, to
a point, said point being in the South Boundary Line of a 6
acre tract purchased by Campbell Soup Company from IIolleYI
THENCE South 89 Degrees 30 Minutes East, a distance of
3B9 feet with said Holley South Boundary Line to the South-
east Corner of said Holley tract;
THENCE North 1 Degree East a distance of l229.6 feet to
the most .\iesterly Northwest Corner of a 35.532 acre tract
purchased by Campbell Soup Company from Council;
THENCE North 89 Degrees 30 Minutes Ea~t 577 feet to an
ell cortler in said 35.532 acre tract;
THENCE North 0 Degrees 15 Minutes East l014.2 feet to
the most Northerly Northwest corner of said 35.532 acre
Council tract;
THENCE East 3,043 feet, more or less, to a point in the
centerline of the Burlington-Northern Railroad;
THENCE Southerly with the centerline of the Burlington-
Northern Railroad to its intersection with the Westward
projection of the centerline of Stone Avenue;
THENCE Easterly with the Westward projection of the
centerline of Scone Avenue co ehe ceneerline of N. Main
Stre~t and th~ place of beginning, and coneaining 9.3 square
miles.
the centerline of Cottonwood
wieh the centerline of the
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STATE OF TEXAS ~
COUNTY OF LAMAR ~
I, Mattie Cunningham, hereby certify that I am the duly
appointed, qualified and acting City Clerk of the City of
Paris, Paris, Texas, and as such I have in my possession in
the Office of City Clerk of the City of Paris, all of the
ordinances, resolutions and minutes of the City Council of
the City of Paris, and that the foregoing Resolution No.
89-068, is a true and correct copy of the original of said
instrument, which was passed by the City Council on the 12th
day of June, 1989.
:).
Mattie Cunningham, Cit
City of Paris, Paris, Te