Agenda PacketCITY COUNCIL AGENDA
Notice is hereby given that the City Council of the City of Paris shall meet in regular session
at 5:30 p.m. on Monday, June 27, 2022. The meeting will be held at the City Council
Chamber, 107 E. Kaufman Street, in Paris, Texas. Due to the CoVID outbreak, facemasks
are encouraged for those in attendance of the meeting in the City Council Chamber. Due to
the pandemic concerns, one or all Council Members may be attending remotely, but the feed
will be available for live viewing at https://paristexas.gov/public. The matters to be
discussed and acted upon are as follows:
Opening Agenda
1. Call meeting to order.
2. Invocation.
3. Pledge of Allegiance.
4. Citizens' forum.
(Persons desiring to address the Council must limit their presentation to no more than two minutes. Unless
an item is posted on the Agenda, the Texas Open Meetings Act prohibits the Council from responding to
any comments other than to refer the matter to a future agenda, to an existing policy, or to a staff person
with specific factual information. Claims against the City, Council Members, or employees, as well as
individual personal appeals are not appropriate for citizens' forum.)
If necessary, the City Council may convene into Executive Session under Chapter 551 of the Texas
Government Code regarding any item on this agenda.
Consent Agenda
Items on the Consent Agenda are approved by a single action of the Council, with such approval applicable
to all items appearing on the Consent Agenda. A Council Member may request any item to be removed
from the Consent Agenda and considered as a separate item.
5. Approve minutes from the meeting of May 23, 2022 and June 13, 2022.
6. Receive reports and/or minutes from the following boards and commissions:
a. Board of Adjustment (5-3-2022)
b. Historic Preservation Commission (5-11-2022)
c. Paris Public Library Advisory Board (5-25-2022)
d. Love Civic Center Governing Board (4-14-2022)
e. Building & Standards Commission (5-23-2022)
7. Receive May monthly financial report.
8. Receive May drainage report.
9. Receive demolition and code enforcement activity reports.
10. Deny the Final Plat of the K&S Investments Cherry Street Addition CB 227E, Lot 1,
Block A, located at 1958 E. Cherry Street (LOAD 17643).
11. Deny the Final Plat of the Davidson Addition CB 250, Lot 1, Block A, located at 891
Clement Road (LCAD 53721).
Regular Agenda
12. Discuss, continue the public hearing, and act on an Ordinance considering the petition of
Donald Wilson on behalf of Sunrise Ministries International Church for a Specific Use
Permit (SUP) for a Self-Storage/Mini-Warehouse in the City of Paris, Block 249, Lot 35-
A, located at 3055 Clarksville Street (LCAD 17987). (continued from the May 23, 2022
meeting)
13. Discuss, conduct a public hearing, and act on an Ordinance considering the petition of
Ara Sprague of Spartan Investment Group for a Specific Use Permit (SUP) in a
Commercial District (C) for a Self-Storage/Mini-Warehouse in the City of Paris, Block
321, Lots 2 and 2-A, located at 2405N.E. Loop 286 and 2510 Spur 139 (LCAD 18797 &
18798).
14. Discuss, conduct a public hearing, and act on an Ordinance considering the petition of
Carolyn Akins for a Specific Use Permit (SUP) in a Neighborhood Service District (NS)
for a one -family dwelling home in the East Park Addition, Block C, Lot 12, located at
951 E. Hickory (LCAD 11030).
15. Discuss, conduct a public hearing, and act on an Ordinance considering the petition of the
City of Paris for the addition of a Historic Overlay District (HD -18) in a Two -Family
Dwelling District (2F) in the City of Paris, Block 146, Lot 3, located at 705 S.E. 3`d Street
(LCAD 16382).
16. Discuss, conduct a public hearing, and act on an Ordinance considering the petition of
MWY Investments, LLC for a change in zoning from an Agricultural District (A) to a
Commercial District (C) in the City of Paris, Block 307-C, Lot 1, located at 4005 N.
Main Street (LCAD 106006).
17. Discuss and act on a Resolution approving an Economic Development and Tax
Abatement Agreement with Sky -Mar Ventures, LLC under the 5 In 5 Infill Rehabilitation
Program.
18. Discuss and act on an Ordinance amending Chapter 12, "Utilities," Article 12.04, "Solid
Waste," of the Code of Ordinances of the City of Paris, Texas; Making Section
12.04.006, "Placement of Containers, Bags, and Bundles for Residential Collection, "To
Allow for Eighteen (18) Bags Per Residence Per Week Residential Solid Waste
Collection.
19. Discuss and act on an Ordinance amending Chapter 7, Article 7.03, "Smoking," to
Prohibit the use of Electronic Cigarettes in Public Places and to Provide for a Variance
Procedure for Semi -Enclosed Areas of Places of Employment.
20. Discuss and act on a Resolution approving an Economic Development Agreement with
Emerald Hospitality, LLC regarding Home2 Suites by Hilton.
21. Discuss and act on a Resolution appointing members to the Board of Adjustment.
22. Discuss and make appointments to the various Boards and Commissions.
23. Discuss and appoint City Council Members to serve as liaisons to the various Boards and
Commissions.
24. Convene into executive session pursuant to Section 551.087 of the Texas Government
Code, (1) to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body and
with which the governmental body is conducting economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business prospect described
by Subdivision (1), as follows: Project Rocket X.
25. Reconvene into open session and possible take action on those matters discussed in
executive session.
26. Discuss and act on a Resolution approving a Tax Abatement Agreement with Lionshead
Paris, LLC.
27. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
28. Adjournment.
Certification
I certify that the above notice of meeting was posted on the bulletin board in the City Hall Annex, 150 First
St. SE, Paris, Texas and on the City's website at www.paristexas.gov, no later than 5:30 p.m. on June 24,
2022.
Janice Ellis, City Clerk
Special Accommodations
This facility is wheelchair accessible and accessible parking spaces are available. Requests for special
accommodations or interpretive services must be made forty-eight (48) hours prior to this meeting. Please
contact Janice Ellis at (903) 784-9248 orjellis@paristexas.gov for assistance.
Item No. 5
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
OF THE CITY OF PARIS, TEXAS
June 4, 2022
The City Council of the City of Paris met for a City Council Retreat at 9:00 a.m. on
Saturday, June 4, 2022, at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
Present: Mayor: Paula Portugal
Mayor Pro -Tem: Reginald Hughes
Council Members: Gary Savage, Mihir Pankaj, Linda Knox, and
Clayton Pilgrim
City Staff: Grayson Path, City Manager; Robert Vine,
Assistant City Manager; Stephanie Harris, City
Attorney; and Janice Ellis, City Clerk
Absent: Council Member: Shatara Moore
1. Call meeting to order.
Mayor Portugal called the meeting to order at 9:09 a.m.
2. Citizen's forum.
No one spoke during citizen's forum.
3. Introduction of Consultant(s).
Mayor Portugal introduced Dr. Richard Lewis and Siri Bletzer, M.A., LPC, LMFT.
4. Team Building Session, including but not limited to elements of effective teamwork,
strengths and weaknesses of current teamwork, enhancing teamwork between the City Council
and senior staff, creation of a vision statement, review of current mission statement, and the
identification of strategic initiatives.
Dr. Lewis reviewed "Building Teams within Organizations," focusing on the types of
teams, the organization and team process. He explained the five stages of team development and
levels of expectations of effective teamwork. Next, Ms. Bletzer administered the Myers -Briggs
Type Indicator Sorter. Dr. Lewis and Ms. Bletzer had City Council mark their personality types
on flip charts, and reviewed the sixteen types by comparisons of temperaments with City
Council. City Council discussed goals and objectives, as well as put together a draft mission
statement.
Special Council Meeting
June 4, 2022
Page 2
5. Adjournment.
There being no further business, Mayor Portugal adjourned the City Council Retreat at
2:50 p.m.
PAULA PORTUGAL, MAYOR
JANICE ELLIS, CITY CLERK
MINUTES OF THE REGULARCITY COUNCIL MEETING
F THE CITY OF PARIS, TEXAS
June 13, 2022
The City Council of the City of Paris met for a regular session at 5:30 p.m. on Monday,
June 13, 2022, at the City Council. Chamber, 107 E. Kaufinan, Paris, Texas.
Present:Mayor: Paula Portugal
Mayor Pro -Tem: Reginald Hughes
CouncilMembers: ShataraMoore; Gary Savage, Mihir P aj; Linda
Knox, and Clayton Pilgrim
City Staff: Grayson Path, City Manager; Robert Vine,
Assistant City Manager; Janice Ellis, City Clerk,
GeneAnderson; Finance Director; . Rich Salter,
Police Chief; Andrew Mack, Director of Planning
Community Development; M.A. S i h, . Public
arks hector; Thomas McMonigle, Fire Chief;
Clyde Crews, Fire shalt and Rory Hervey,
Interim Library Director
01gening Agenda,
Call meeting to order.
Mayor Portugal called the meeting to order at 5:30 p.m.
2. Invocation.
Finance Director Gene Anderson gave the invocation.
3. Pledge of Allegiance.
Mayor Pro -Tem Hughes led the pledge.
4. A. Proclamation Recognizing the Paris Jr. College Softball Team.
Mayor Portugal read the proclamation and presented it to the coaches and team members.
B. Presentation of Mayor's Yard of the Month Awards
Mayor Portugal announced the Mayor's Yard of the Month Awards as follows:
Aiken Elementary School - outstanding appearance.
Beryl Bryant — outstanding appearance
Haskell & Deanna Roberts — outstanding appearance
Dedy Brock — outstanding appearance
Regular Council Meeting
June 13, 2022
Page 2
Love Civic Center — commercial property
Monique Antiques — best rehab
Mayor Portugal presented winners who were present with a Certificate of Appreciation,
as well as a gift card from a local business. She said staff would get the certificates and gift cards
to those who were unable to attend the meeting.
C. Citizens' Forum.
Amanda Green — she said she was the doctor for the Paris Lamar County Health
Department and was on the smoking committee that approved the original smoking ordinance.
She said vaping damaged lungs, that seventy-five other cities had an ordinance against vaping
and she encouraged City Council to do the same.
Consent A enda
-Mayor Portugal inquired of Council Members if they wished.to pull. any items from the
consent agenda for discussion. There being none, a Motion to approve the consent agenda was
made by Council Member Pankaj and seconded by Council Member Pilgrim. Motion carried, 7
ayes — 0 nays.
5. Approve minutes from the meeting of May 23, 2022.
6. Receive reports and/or minutes from the following boards and commissions:
s
a. Paris Visitors & Convention Council Board, of Directors (4-18-2022)
b. Paris Public Library Advisory Board (4-20-2022)
T Approve RESOLUTION NO. 2022-039: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION (TxDOT) FOR THE TEMPORARY CLOSURE OF STATE
RIGHT-OF-WAY IN SUPPORT OF THE 2022, 903 CONCERT SERIES; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
8. Approve RESOLUTION NO. 2022-040: A RESOLUTION OF THE CITY COUNCIL
OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A CITIZEN
PARTICIPATION PLAN IN SUPPORT OF A TEXAS COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE TEXAS
DEPARTMENT OF AGRICULTURE FOR THE MAIN STREET FUND;
AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER
AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO
THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM.
Regular Council Meeting
June 13, 2022
Page 3
9. Approve RESOLUTION NO. 2022-041: A RESOLUTION OF THE CITY COUNCIL
OF PARIS, TEXAS, DETERMINING THAT AN AREA OF THE CITY CONTAINS
CONDITIONS WHICH ARE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY,
AND WELFARE OF THE COMMUNITY AND CONSTITUTES A BLIGHTED
AREA.
10. Approve RESOLUTION NO. 2022-042: A RESOLUTION OF THE CITY COUNCIL
OF PARIS, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO
THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE MAIN STREET FUND;
AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE
OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS
PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
Retiular Aenda
I L Discuss. and act on RESOLUTION NO. 2022-043: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING
AN ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY
OF PARIS, TEXAS AND PARIS HOTEL, LP;. MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Mayor Portugal said Council Member Pankaj had a conflict on this item and asked for a
Motion to recuse him. A Motion to recuse, Council Member Pankaj was made by Council
Member Savage and seconded by Council Member Knox. Motion carried, 7 ayes 0 nays.
Council Member Pankaj left the meeting.
City Attorney Stephanie Harris said that Tom Kirkland was at the meeting and available
to answer any questions. Ms. Harris explained that Paris Hotel, LP had made application for
incentives under the Program with their construction of a dual branded TownPlace Suites and
Fairfield Inn Hotel, and that both hotel brands were by Marriott. She said the proposed economic
development agreement provided the following incentives: 1) five annual property tax grants in
an amount equal to 100% of the city's M&O property tax assessed in the incremental taxable
value attributable to the project. The grants cover the years 2024, 2025, 2026, 2027 and 2028; 2)
three annual sales tax grants in the amount of 50% of the sales tax receipt in the applicable grant
period. The grants cover the years 2024, 2025 and 2026. Ms. Harris also said as consideration
of these annual grants, Paris Hotel would invest $12,000,000.00 in construction of the project
and open the hotel no later than December 31, 2023. Tom Kirkland said they were excited about
bringing a Marriott to Paris.
A Motion to approve this item was made by Council Member Knox and seconded by
Council Member Savage. Motion carried, 6 ayes — 0 nays.
Regular Council Meeting
June 13, 2022
Page 4
A Motion to return Council Member Pankaj to the meeting was made by Mayor Pro -Tem
Hughes and seconded by Council Member Savage. Motion carried, 6 ayes — 0 nays. Council
Member Pankaj returned to the meeting.
12. Discuss and act on RESOLUTION NO. 2022-044: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE DONATION OF
CERTAIN REAL PROPERTY ADJACENT TO THE LAMAR COUNTY
HISTORICAL MUSEUM BUILDING, PARIS, TEXAS; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
Ms. Harris explained the city owned the building, which housed the Lamar County
Historical Museum and had long leased the premises to the Lamar County Historical Society for
that purpose. She said the City did not own any of the land surrounding the building, including
the walkway up to the front door, meaning the building was landlocked. Ms. Harris said this
had caused significant problems between the LCHS'and the owners of Heritage Hall. She -also
said recently in a three party transaction, a donor had bought property adjacent to Heritage Hall
and given it to JoKyle Varner, the owner of Heritage Hall, in exchange for which Mr. Varner
was donating certain property around the periphery of the Museum building to the City to
provide additional access. Ms. Harris said this was', a welcomed solution to the long-standing
problem.
A Motion to approve this item was made by Council Mayor Pro -Tem Hughes and
seconded by Council Member Knox. Motion carried; 7 ayes — 0 nays.
13. Discuss and act on a request from Supreme All, Inc. for reduction of rent at4the Event
Center for the months of June, July and August.
City Manager Grayson Path explained that in July of 2019, the City and Supreme All,
Inc. entered into a lease agreement for the City's Even Center, located at 1875 Fitzhugh Ave.
Mr. Path said that Supreme All provided evening meals during the school year to the children at
the Boys and Girls Club. He said State Law would only allow one meal to be provided to the
children during the summer months and Ms. Black was not providing meals during the summer
months, because the school district was already providing one meal to the children. Mr. Path
also said that Samantha Black had requested a waiver of rent for June, July and August.
Council Member Pilgrim inquired if Supreme All was a 501(c) non-profit and Ms. Black
answered in the affirmative. Council Member Pankaj asked if Ms. Black would be at the
building during the summer months and Council Member Knox wanted to know if the building
would be available for citizens to rent during the summer months. Mr. Path said he had not
asked for the keys and to lease the building would require marketing and he did not see that as an
option without an amendment to the lease. Council Member Savage said that is why she was
asking for a waiver of the rent. Council Member Pilgrim said he thought the City should utilize
the building for the summer months because a non-profit entity could not make a profit pursuant
to the law. Ms. Black said if she could rent it, she would because she had a lot of people calling
her. Council Member Moore asked Ms. Black if she would be conducting training in the
June 13, 2022
Page 5
building over the summer months and Ms. Black answered in the affinnative. Mr. Path said
were almost to the month of July and he did not recommend the City taking possession of t
I
building for the summer months to start renting it. Council Member Pankaj said the City shou
start looking at that in the future. Mayor Portugal inquired about the time for renewal of t
lease agreement. Mr. Path said it was April RP and discussions had begun because there was
two-year renewal option. 11
A Motion to waive the rent for June, July and August and begin paying again in
September was made by Mayor Pro -Tem Hughes and seconded by Council Member Savage and
Council Member Knox. Motion carried, 7 ayes — 0 nays.
14. Discuss a request from Supreme All, Inc. to consider donating the Event Center to their
non-profit corporation.
Mr. Path explained that Supreme All, Inc. would need to pay for a survey in order to
survey off the property for platting purposes and it was advisable that the City require the
parking lot be included in this. He said that Ms. Black was at the meeting tonight to answer any
questions they might have.
ff
June 13, 2022
Page 6
of the restrictions. City Attorney Stephanie Harris said donated property to a non-profit would
remain with the non-profit as long as the property was being used for public purpose. She said
according to deed restrictions, the facility might not be able to be rented for family reunions and
similar events. Ms. Harris said if the City found out that it was not being used as a public
purpose, the City had a duty to take care of it. Council Member Knox wanted to know if they
rewrote the lease if that would allow Supreme All to rent it to others. Ms. Harris said yes, and
that would be between her and the board. Mayor Portugal suggested to Ms. Black that she apply
for funding through United Way, as many of non -profits did so. Mr. Path said he understood that
the City Council wanted more information. Council Member Pilgrim said the fair board needed
to be made aware of this. Mr. Path said he would meet with Ms. Black to discuss the options of
donating the building or renegotiating the lease and would bring back an item to the City
Council.
15. Discuss and act on an Ordinance amending Section 7.03, "Smoking," of the Code of
Ordinances to prohibit vaping in public places and to include a variance process for
businesses with semi -enclosed places of em-ployment.
I
Assistant City Manager Robert Vine said e -cigarettes and vaping had become v
popular and some e -cigarettes contained nicotine and some did not. He explained that'currle
City ordinances did not regulate the, use of e-eigarettes.
In addition, Mr. Vine referenced the discussion they had some time back reg'ardi
instituting a variance process by which a business could apply for a variance to the p'rohibiti
against smoking' in semi -closed areas such' as Turner* Pipe's welding bay that had fetractab
3
walls or large garage doors. Mr. Vine said that the City Attorney had drafted the vanian
procedure as set out in the ordinance and ad ded a provision prohibiting the use of e-ci ; garettes Ll
public artas.,
Council Member Knox said all of this started when the City Council asked that they be
presented with a petition by the employees from Turner, which was to include a variance request
signed by the plant manager and the HR Director. Council Member Pankaj said he was opposed
to smoking but if a variance was needed in order to keep employees then he was fine with doing
so. Council Member Pilgrim wanted to know if a company could allow employees to smoke or
not and Ms. Harris answered in the affirmative. He said he would rather this be a company
decision. City Council discussed the application and imposing an application fee. It was a
consensus of City Council to make this change and bring the ordinance back for consideration.
I& Discuss and act on ORDINANCE NO. 2022-034: AN ORDINANCE OF THE CITY OF
PARIS, TEXAS AMENDING CHAPTER 10, "STREETS, PARKS AND OTHER
PUBLIC WAYS AND PLACES," ARTICLE 10.05, "STREETS AND SIDEWALKS,"
OF THE CODE OF ORDINANCES, CITY OF PARIS, TEXAS TO ADD DIVISION 8,
"MICRO -TRENCHING" TO PROVIDE REGULATIONS AND SPECIFICATIONS
FOR THE INSTALLATION OF CONDUIT FOR FIBER OPTIC CABLE IN THE
CITY'S RIGHTS OF WAY; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SAVINGS
Regular Council Meeting
June 13, 2022
Page 7
CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
Mr. Vine explained that the City was experiencing internet fiber being installed within
the city limits and should expect more fiber to be installed in the very near future. He said when
deploying a fiber network, traditional trenching methods could be expensive and time-
consuming, and cause extensive disruption to the local area, specifically to public roadways. Mr.
Vine also said that the proposed ordinance sets forth the constructing a micro -trench within the
City limits and establishes the requirement of a permit prior to any micro -trench being
constructed and articulates the necessary steps required to successfully be awarded a permit.
A Motion to approve this item was made by Council Member Pankaj and seconded by
Council Member Pilgrim. Motion carried, 7 ayes — 0 nays.
17. Discuss and confirm appointment of Ron Hervey as Interim Library Director.
i
Mr. Vine said Tim DeGhelder, Library Director, announced his resignation effective June
3, 2022 and that City Manager Grayson Path had l identified Ron Hervey to serve as Interim
Library Director.
A Motion to approve the .confirmation` of Ron Hervey as Interim Library Director was
made by Council Member Knox and seconded by Council Member Pankaj. Motion carried, 7
ayes — 0 nays.
i
18. Discuss and provide direction on pursuing a Pension Bond and agreement with the Paris
Firefighters Pension Board.
City Manager Grayson Path explained that the City of Paris provided two separate
retirement programs for its employees and one of those was the Texas Municipal Retirement
System for non -fire department personnel and the other one was the Paris Firefighters' Relief
and Retirement Fund for fire department personnel. Mr. Path said the Pension was created
around 1941, was regulated under the Texas Local Fire Fighters Retirement Act, and was
managed by a local Board of Trustees.
Mr. Path said in August 2020 he read an article from a Dallas newspaper discussing the
various TLFFRA funds throughout the State, which reflected the Paris Pensions was the least
funded in the State of Texas, and from there he began investigating the Pension. He also said he
learned the Pension would become fully funded in approximately 30 years under the current
contribution and payout formula and learned that this had been the expectation for the previous
approximately 40 years. Mr. Path said this was a moving target. He said in November of 2021,
he met with the Board of Trustees to get an update on the Pension and noted the contributions,
along with the current balance of approximately $5 million in the fund, as an investment was
what was keeping the fund afloat. He also said he learned that they were spending more
annually on benefits to current retirees than they were bringing in through collection. Mr. Path
reported the trajectory would not be accomplished without an increase in the contribution and/or
a large deposit of funding into the Pension fund and added whether a firefighter made higher
Regular Council Meeting
June 13, 2022
Page 8
rank pay or lower rank pay, they would still receive the same benefit amount for the same
number of years of service. Mr. Path reviewed the conclusions of this research, and said that
something needed to change.
Mr. Path said they set out to explore an option of moving the Paris Fire Fighters from the
Pension over to the City's TMRS and they reached out to the TMRS and the Pension actuary to
explore the options. He said they were working out a plan where the City would freeze the
Pension and move all existing and future employees over to TMRS accounts. He said to do this
would require the City to take out a large bond to fund the unfunded liability of the Pension. He
said the Board of Trustee's actuary had opined that an approximate amount of $12 million would
be needed in a bond to fund the Pension. He said it was determined that the TMRS retirement
benefit would be more advantageous than the Pension retirement benefit for the employee. He
said TMRS had made it plain that they would not touch the Pension itself; the Pension would
forever be the responsibility of the City and Board of Trustees. He said they, however, would
onboard all of the fire department employees as if they were brand new employees and would
start with a zero balance it! their TMRS account, but that would grow with their contributions.
Mr. Path said along with ,,the City's financial advisor `=and bond counsel, :they were
working out the needed steps to issue a 20 year pensions bond under State Law. He also said
they had reached out to the Attorney General to see if there were any additional steps that would
be required of the City. Mr. Path reviewed the budget aspects of this issue and set out the
options. Following questions from City Council and discussionjt was a consensus of the City
Council that Mr. Path bring back an agenda item pursuing this project and an agreement with the
Pension Board. Mr. Path said he planned to bring an item forward in July.
19. Convene into executive session pursuant to Section 551.087 of the Texas Government
Code, (1) to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body and
with which the governmental body is conducting economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business prospect described
by Subdivision (1), as follows: Lionshead Paris, LLC,
Mayor Portugal convened City Council into executive session at 7:27 p.m.
20. Reconvene into open session and possibly take action on those matters discussed in
executive session.
Mayor Portugal reconvened City Council into open session at 7:55 p.m. and said no
action was required.
21. Consider and approve future events for City Council and/or City Staff pursuant to
Resolution No. 2004-081.
No future events were referenced.
Regular Council Meeting
June 13, 2022
Page 9
22. Adjournment.
There being no further business, A Motion to adjourn was made by Council Member
Mayor Pro -Tem Hughes and seconded by Council Member Savage. Motion carried, 7 ayes — 0
nays. Mayor Portugal adjourned the meeting at 7:55 p.m.
PAULA PORTUGAL, MAYOR
JANICE ELLIS, CITY CLERK
Item No. 6
SPECIAL MEETING
MINUTES
CITY OF PARIS BOARD OF ADJUSTMENT
CITY OF PARIS - CITY HALL
COUNCIL CHAMBERS CONFERENCE ROOM
PARIS TEXAS
TUESDAY MAY 3RD2022
12:00 O'CLOCK P.M.
1. The Board ofAdjustment meeting was called to order by Larry Walker at 12: 00 p.m.
The following members were present: Larry Walker, William Sanders, Chris Fitzgerald
and Jerry Haning.
Also present were Andrew Mack, Stephanie Harris, Mayor Portugal, Robert Vine and
concerned citizens.
2. Approval of minutes from previous meeting. (April 5, 2022)
Motion was made by William Sanders, seconded by Larry Walker to approve minutes for the April
5, 2022 meeting. Motion carried 4-0.
3. Public hearing to consider and take action on the petition of Alex Kozel, regarding a 5'
front yard setback variance to the City of Paris Area Regulations, Section 9-501(1) on Lot
7, Block B, of the Hilltop Subdivision, Parcel 404917.
Mr. Walker declared the public hearing open to be continued at the next meeting on June 7th, 2022.
4. Public hearing to consider and take action on the petition of Alex Kozel, regarding a 5'
front yard setback variance to the City of Paris Area Regulations, Section 9-501(1) on Lot
8, Block B, of the Hilltop Subdivision, Parcel 404918.
Mr. Walker declared the public hearing open to be continued at the next meeting on June 7th, 2022.
6. Public hearing to consider and take action on the petition of Cheyney Bryan, on behalf of
Bill and AnitaRoetcisoender, regarding 137" lot depth variance to the City of Paris Area
Regulations Section 9-301(1) on Lot 2, Block A, of the Wells Bryan Addition, Parcel 17934.
Mr. Walker declared the public hearing open to be continued at the next meeting on June 7th, 2022.
5. Public hearing to consider and take action on the petition of Armando Palacios, on behalf
of Alejandro Orfanos, regarding a 44" buffering variance to the City of Paris Buffering
Regulations, Section 30-102(3) on Lot 1, Block A, of the Taco Bueno Addition CB 250,
being located at 2320 N Main Street.
Andrew Mack, Director of Planning & Zoning, presented case to the board. Mr. Mack stated that
though there is a slight deficiency in the landscaping buffer on this lot when the neighboring lot
is developed the green space, buffer will be accommodated. Lastly, Mack stated that he
recommends approval of the variance based on the staff findings.
Mr. Walker declared the public hearing open.
Staff member, Paige Unger, makes note of an input form submitted as follows:
Gary Watson of 2430 N Main Street, in favor.
Hector Marroquin of 4515 Lyndon B Johnson Freeway, property owner and project manager
made himself available for any questions.
No one else spoke in favor or opposition of the request.
Public hearing was declared closed.
Motion was made by William Sanders, seconded by Jerry Haning to approve the 4'4" variance to
Section 30-102(3) of the Buffering Regulations to allow a 2'8" buffer on the south side of the
property versus the required 6' buffer based on the following staff recommended findings. Motion
carried 4-0.
STAFF RECOMMENDED FINDINGS
1. The request for variance is harmony with the general purposes and intent of Zoning
Ordinance No. 1710, as amended, and will not negatively impact the protection for the
adjacent surrounding properties.
2. The request is to permit the new construction of a commercial restaurant which is not
applicable with regard to a "non -conforming use". Fast food drive-thru restaurants are
permitted by right in the C District.
3. There are special or unique conditions of restricted area for the existing lot, even though a
new plat approval of the land was just approved. This is not generally applicable to other
parcels of land in the same zoning district under new platting and development standards
where new lots are created. This has caused an unusual and practical difficulty to be in
compliance with the provisions sought here to be varied as a result of the original parcel
created making it nearly impossible to meet the side yard perimeter buffer yard green space
requirement.
4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self-
imposed or self-created although unintentional), and (b) an economic or financial hardship.
The substandard parcels were created as a part of the original City lots. The site plan
functions in an optimum fashion which still enables the commercial development of the
site.
5. The provisions of Zoning Ordinance No. 1710, and its amendments, that are sought to be
varied would deprive the applicant of the normal rights to use the property that is
commonly enjoyed by other properties in the same MF -1 Zoning District without approval
and not being required to fully comply with the front yard setback ordinance provisions.
7. Adjournment.
APPROVED THE 7te DAY OF JUNE, 2022.
Chairperson
107 E KAUFMAN ST
PARIS, TEXAS 75460
MTDNESDA3� MAY 11, 2022
PA&SMI
Chris Dux, Chairman
Laura Caffey, Vice Chair
Linda Vandiver, Secretary
Glee Emmite, Main Street Liaison
[','yan Matthews
Leif Lindblom
Ellen Green
Carol King
Maryann Leste'
'e
Bethany La;j
The meeting minutes of April 13, 2022, and April 19, 2022 were approved by acclamation
Commissioner Caffey made a motion to recuse Commissioner Matthews, seconded by
Commissioner Vandiver, motion carried.
Ryan Matthews requested two $2500 fagade grants for the property located at 39 N. Main.
Chairman Dux explained the property was only eligible for one grant due to that it was one
parcel with three addresses. Mr. Matthews is following closely the secretary of interior standards
and has also applied for Tax Credits which will require a state review. The commission approved
his certificate of appropriateness in November of 2021. Mr. Matthews intends to begin work on
the Fagade within two months. Commissioner Emmite made a motion to approve the fagade
grant for $2500 for the property located at 39 N. Main by, seconded by Commissioner Caffey,
Motion Carried.
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13 8 Lamar Ave met the sign requirements by ordinance, but because it was more than 5 O'sq it
was brought to the commission for approval. A motion was made to approve the signage by
Commissioner Matthews as presented, seconded by Commissioner Long. Motion carried.
Chairman Dux opened the public hearing for the consideration of the addition of a Historic
District Overlay (HD- 18) for house located CITY OF PARIS, BLOCK 146, LOT 3 being located
at 705 3rd Street SE.
Chairman Dux reviewed the property details, noting the Italianate Architecture, and that the
property is also listed on the National Register of Historic Places. The property is currently in
Tax Foreclosure, and this designation would provide protections for the property and also
incentives
Linda Knox residing at 655 Church Street spoke in favor of the overlay district, stating it is one
of the oldest homes in Paris. She was very glad to hear the commission was pursuing the
designation and is ho:sdag to further work with the cikA of
this condition.
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with the earliest being July 5, 2022 or worst case scenario being August 2, 2022. Due to tax
telinquency status, the property could not be sold any other way than the Tax foreclosure.
Hearing no opposition, the public hearing was closed.
A motion was made to approve the application for the HD- 18 overlay district by Commissioner
Long, seconded by Commissioner Caffey, motion carried.
Ms. Befford shared a video presentation by National Alliance of Preservation Commissions on
What's your Why, and asked the commissioners if they could send suggestions of people to
highlight. This will be in lieu of Imagine the Possibilities tours, and should have a broader reach
• social media.
[oil 1MV-71714MITIrt -74
National Main Street coming next week.
Farmers Market season opening May 7, good day for all
Electrical upgrades on 1st Street and Farmers Market to assist with events
TDA awards- President awards for best rehabilitation nomination: recommended Chris Dux
building on 1st SW
Stop Sign Study to go to council June 13th.
Suggestions for Main Street Board to do a monthly walk around to meet businesses and
discuss their challenges and successes and how we can help.
Mayor's Rehab of the Month goes to 102 Clarksville, Ellen Green and Leif Lindblom
Hearing no future agenda items, the Commission adjourned at 4:47 p.m
dayof ...... ....... ...................... . . .. . . . . .......... . 2022
Paris Public Library Advisory Board
05/25/2022
Meeting Minutes
Opening:
The regular meeting of the Paris Public Library Advisory Board was called to order by Chairman
Steve Heilman at 4:00 pm.
Board members present were: Steve Heilman, Eva Dickey, Myers Hurt, Jennifer Cullum,
Melanie Loughmiller, Lauren Mathews, and Director Tim DeGhelder. City Council Liaison
Linda Knox and Friends of the Library President Audrey Mathieu were also present. Board
members absent were DeEtte Cobb,
fl. Approval of Minutes: The minutes of the April 20, 2022 meeting were approved with
Melanie Loughmiller making the motion and Eva Dickey providing the second.
111. New Business:
that the new position will require more responsibilities specifically related
to teen programming.
iv. Materials. Tim would like to increase the budget for Overdrive by $3,000.
V. Basement update. Tim states that the Manager and Assistant City Manager
are both aware of the potential that the basement could bring to the library.
vi. Tim recommended that the library entryway be updated with a big screen
tv that provides the community with updates about current events. Tim
also suggested that the ceiling in the entryway be considered for
replacement. Steve asked if the current budget request is in line with what
the City of Paris would approve. Linda Knox said that yes, it is. Audrie
asked if it was possible to ask for more funding then. Tim said that with
more funding, the library might want to consider the entryway update,
electrical work, and flooring to be done. The advisory board agreed with
these recommendations and the budget request was adjusted to include
$20,000 for building updates and repairs.
vii. Grant Management. Tim reminded the library that the Teen Room, which
the current Library Advisory Board Meeting was held in, was made
possible with the grant that he applied for. There is still work that needs to
be finished using those funds for the Teen Room.
viii. ILL Grant. The Interlibrary Loan grant is a money -making opportunity for
the Paris Public Library. For each book that is loaned to the system, the
library earns $6 to $8 per book. The library currently loans about 60 books
a month.
IV. Old Business:
There was no old busines to discuss.
V. Presentations:
a. Budget Report.
The Budget Report was reviewed in New Business. Steve asked Tim if there was
anything else to consider before the board considered the budget update. Tim said
that the parking lot needed attention due to cracks. Noting this last item, Melanie
Loughmiller made the motion to approve the Board endorsement, with Myers
Hurt providing the second. All board members were in favor and the Library
Advisory Board endorsed Director Tim DeGhelder's budget.
b. Statistical Report
Volunteers are back and have currently clocked in 151 hours. There was a large
jump in program attendance, from 51 in 2021 to 303. Computer Instruction from
Ron Hervey was at 266. There were 2,555 hits to the library's Facebook page.
VI. Friends of the Library Report
a. Luncheon. Friends President Audrey addressed the board, stating that the Friends
of the Paris Public Library Luncheon will be on August 7t" at the Paris Golf and
Country Club. There are 5 new members to the group, making the number about
40
b. Gameboard. Audrey noted that the gameboard that Friends purchased for the
library cannot be repaired from the flood damage and she plans on asking for
donations at the luncheon specifically to replace this gift.
c. Childre ' n's Programs. The Friends have announced that now 100% of the program
fees for the children's programming will be paid for by the Friends, instead of the
previous 50% of the cost.
d. Houston Library. Audrie researched to find out if any resident of Texas could
have a library card from the Houston library, Eva Dickey commented, stating that
she attempted to apply for a card, even though she is not a resident of Houston
and received her card in the mail. Steve mentioned that he would like a link to the
Houston Public Library on the Paris Public Library's website.
e. T -Shirts. Audrey stated that she is working on a t -shirt design for the library's 90th
anniversary and hopes that it will be available for purchase soon on Screen
Graphic's website.
VIL Director's Remarks
Tim wanted to thank everyone for the memories made. He contemplated if he had
changed his community while working for Paris. He asked the board to hold the new
director responsible for the library and the impact on the surrounding community.
The meeting adjourned at 5:03 p.m. with Eva Dickey providing the motion and Myers Hurt
adding the second.
The next meeting will be on June 15t"9 2022
Love Civic Center
Governing Board Minutes
Love Civic Center and
Zoom Meeting
April 14.Z0Z2
Peeples, Colton Perry, Brittany Johnson, Robert Staples, Russell Jackson.
Russell Jackson gave an overview of the March 2022 financials. A motion to approve was made by Colton Per
seconded by Robert Staples, motion passed unanimously. i
February minutes were reviewed. Amotion 10approve was made byColton Perry, seconded byAngie Carter,
motion passed unanimously.
painted, the inside floor has been demoed in the foyer and both halls. The main hall is still waiting for the floor
installers to come look at it. The North side bathrooms have been gutted. All the ceiling tiles have been removed
as well. The carpet has been removed in the green room as well. We are waiting for tile to be delivered and
MINUTES OF THE REGULAR MEETING
OF THE
BUILDING AND STANDARDS COMMISSION
MONDAY, MAY 239 2022
3:00 P.M.
1. Reeves Hayter called the Building and Standards Commission Meeting to order at
3:00 P.M.
Roll was called.
The following members were present:
Reeves Hayter
Richard Thompson
Kenneth Kohls
Pat Conrad
Kim Walker
Adam Bolton
Carlton Cooper arrived at 3:03pm
B. Staff present:
Robert Talley
Nicki Brown
Andrew Mack
Stephanie Harris
C. Others present
Reginald Hughes ® Mayor Pro Tem
2. Approval of minutes from previous meeting. (April 18, 2022).
Motion made by Adam Bolton and seconded by Kim Walker to approve the minutes.
Motion carried unanimously. 6-0
Carlton Cooper arrived at 3:03pm.
3. Public Hearing to consider presentations by City of Paris Code Inspectors and
owner(s) and/or lien holder(s) of the below properties who have been given notice of
a violation of Chapter 4, Article 4.03 entitled "Substandard and Dangerous Buildings
and Structures"; Chapter 7, Article 7.04 entitled "Weeds, Junk, and Other
Objectionable, Unsightly, or Unsanitary Matter on Private Premises"; Chapter 8,
Article 8.10 entitled "Outdoor Storage"; Code of Ordinances of the City of Paris,
Paris, TX:
G. 3220 Cleveland; Parham Park #2 Block F, Lot 2
Owner: Cynthia K Powell 3220 Cleveland Paris, TX 75460 - Present
Robert Talley stated this is a large dead tree on the property and we have had Bill
Lowranger and a tree service inspect the tree to make sure it was dead. If the tree
falls it could cause damage to several properties.
Robert Talley's recommendation: Declare the tree a nuisance, remove within
30 days, or city has right to do so.
Cynthia Powell asked for additional time, she has a contract to get the tree removed
but the price was $2000 and she needs extra time to get it done. She starts a new
job next week.
Motion made by Carlton Cooper, seconded by Adam Bolton, to remove the
tree in 50 days, or city has right to do so. Motion carried unanimously. 7-0
A. 1009 NE 8th; Pickard Block 3, Lot 1-A
Owner: Bettye Johnson 130 NE 21' Paris, TX 75460 -Present
Robert Talley stated this property was brought to the commission once before but
since then nothing has been done to the outside. The current building permit has
expired. The roof is collapsing and has holes in it, drop cloth has been put on the
roof and the floors are rotting.
Robert Talley's recommendation: Declare a nuisance, demo within 30 days, or
city has right to do so.
Bettye Johnson spoke to the commission and explained that they had started
working on the inside or the structure but then covid hit and it stopped. Discussion
about the repairs, the cost of the repairs and the possibility of selling the property
or house.
Motion made by Richard Thompson, seconded by Carlton Cooper, to follow
staff recommendation. Motion carried unanimously. 7-0
D. 418 & 420 E Tudor; City block 60, Lot 40
Owner: Celestine Thomas and Debra Hicks C/O Rita C Dixon, PLLC 8700
Stonebrook Parkway, Box 1996 Frisco, TX 75034
Rita Dixon was present, she is the guardian of the estate.
Robert Talley stated this property was brought to the commission several months
ago and was tabled due to a pending sale. The sale fell through and the property
has been hard to sell. The house is tilting, sinking, porch is close to collapsing,
fire damage on the back of the house, rotten wood and foundation rotting.
Robert Talley's recommendation: Declare a nuisance, demo within 30 days,
or city has right to do so.
Motion made by Ken Kohls, seconded by Kim Walker, to follow staff
recommendation. Motion carried unanimously. 7-0
B. 333 Bonham; City Block 120, Lot N PT 5-A
Owner: Perry Ketron Jr. 1050 SE 33rd Paris, TX 75460
Brad Archer 1055 Wilburn Paris, TX 75460 was present. He is in the process
of buying this property and the closing of the sale is scheduled June 1.
all the debris into the opening and off the street and sidewalk. Brad Archer has a
structural engineer report on the building and Mr. Archer is the owner of the
attached building.
Robert Talley's recommendation: Declare a nuisance, put a screening device
up in 30 days, or city has right to do so.
Discussion of the future of the historic district property. Mr. Archer is wanting to
save and salvage as much as he can of the debris.
Motion made by Ken Kohls, seconded by at Conrad, to follow staff
recommendation. Motion carried unanimously. 7®0
C. 251 E Booth; City Block 73, Lot 1
Owner: Edith Bills 640 3rd NW Paris, TX 7541
No contact with owner.
Ro'bert'Faley's recommendation: Declare a nuisance, demo within 30 days, or
city has right to do so.
Motion made by Adam Bolton, seconded by Ken Kohls, to follow staff
recommendation. Motion carried unanimously. 7-0
E. 351 NE 8th; City Block 64-B, Lot 18
Owner: Joseph L Christian 351 8th NE Paris, TX 7546C
wanted to know if Joseph could tear the house down himself. Robert Talley Id
her yes, but he had to
Robert Talley stated this property is unsecure, missing floor, shell of a house,
scabbed boards and the shed is the same.
Robert Talley's recommendation: Declare a nuisance, demo within 30 days and
secure structure in 14 days with the lumber onsite, or city has right to do so.
Motion made by Ken Kolds, seconded by Pad Conrad, to follow staff
recommendation. Motion carried unanimously. 7-0
U. 621 NE 11th; City Block 69-A, Lot 7 —
Owner: Jonita Stone C/O Foster Stone 324 George Wright Homes Paris, TX 75460
Robert has talked to Jonita Stone and expected her to attend the meeting. Foster
Stone is deceased.
Robert Talley stated this property is sinking on the north side, holes in the roof,
rotting and deteriorating wood, water damage, and floor joist rotted, the structure
is buckling and sinking.
Robert Talley's recommendation: Declare a nuisance, demo within 30 days and
secure structure in 14 days, or city has right to do so.
Motion made by Adam Bolton, seconded by Kim Walker, to follow staff
recommendation. Motion carried unanimously. 7-0
H. City Block 174-A, Lots 11 & 12
Owner: Stevie Von Jackson 1322 Martin Luther King Paris, TX 7541
No contact with owner.
Robert Talley's recommendation: Declare a nuisance, remove all three trailer
in 30 days, or city has right to do so.
Motion made by Adam Bolton, secondedlq-CarhDn-Cooper,—twfdHow-gtaff
recommendation. Motion carried unanimously. 7-0
1. 240 SW 2nd, 246 SW 2nd , 269-306 SW 2,d; City Block 176, Lots 18, 19 & 20
Owner: Seed Sowers Christians in Action 340 CR 32050 Brookston, TX 75421
City employees Robert Talley, Andrew Mack and Clyde Crews are working this
property for many violations. They have been dealing with Mr. Don Walker,
president. The property has junk and rubbish on the entire property including but
not limited to: grocery buggies, bags of junk and rubbish, bicycles parts, tarp,
boxes, lumber, totes full of junk and rubbish, cushions, old trash cans, suite case,
plastic jugs, clothes, old toys, metal, bowls, pallets, card board boxes, newspaper,
commode, tin cans, aluminum cans, trunk, walker, plywood, TV, pump sprayer,
tir
rubbish, furniture, bed frames, futon, couch, mattress, love seat and other scattered
junk, rubbish and litter on entire property.
0
5.
and litter within 30 days, or city has right to do so.
Motion made by Adam Bolton, seconded by Kim Walker, to follow staff
recommendation. Motion carried unanimously. 7-0
Code Enforcement Report
Robert Talley stated $50,000 has been spend on demos.
Mr. Vines (Assistant City Manager) and Robert are in the process of contacting other cities
to see how they salvage some of the lumber from some of these houses that are getting
tore down.
Adjournment
Motion made by Adam Bolton seconded by Ken Kohls to adjourn the meeting at
4:47pm. Motion carried unanimously. 7-0
APPROVED THIS 20th DAY OF JUNE, 2022
"b
. . ........��
Chair
rim Im"Im"'M
M7 Uilw
Grayson Path, City Manager
FROM: Gene Anderson, Finance Director
L
DATE: June 27, 2022
Item No. 7
BACKGROUND: Section 69 (3) of the Paris City Charter requires the Finance Director to submit
to the City Council through the City Manager a monthly statement of all receipts and
disbursements. The attached report satisfies that requirement.
STATUS OF ISSUE: This report updates the City Council on the City's financial activities through
the month stated in the subject line.
BUDGET: Not affected by this report.
RECOMMENDATION: Motion to receive the monthly financial report.
City of Paris
May 2022 Financial Report Comments
Net to Date Comparison of Revenues:
1. The operations and maintenance property tax and related collections reported are 3.43% more
than what was reported in 2021. Current tax collections this year are 96.97% of the tax levy vs.
96.12% last year.
2. Sales taxes are up 1.30% from last year ($79,942).
3. Hotel occupancy taxes are up 3.06% compared to last year ($18,352).
4. Franchise fees are up 10.53% compared to last year ($216,322).
5. Permit fees are up 106.78% from last year ($106,863). Both new residential and new
commercial permits are up significantly.
6. Municipal Court fines and related fees are down 0.29% compared to last year ($479).
7. Other revenue includes leases, interest, copy fees, birth & death certificates, library fees, mixed
beverage tax, and other minor revenues. This revenue is down 7.60% ($46,070).
8. Sanitation fees are flat when compared to 2021 collections being down only $695.
9. EMS fees are down 1.18% compared to last year ($25,524).
10. W&S Administration fees are up 24.48% over last year ($157,371). This is in accordance with the
2021-22 Budget.
11. Total General Fund revenues are 3.78% more than last year ($774,713). This mainly due to
property tax collections and franchise revenue. General Fund revenues equal 83.00% of the
budget with the City being 66.66% through the budget year.
12. Total General Fund expenditures look like they are up 24.24% ($3,611,252) compared to last
year. However, this expenditure number includes the $2,500,000 loan that the City gave to
PEDC. If the loan is backed out of the expenditure totals, the increase would be 7.45%
($1,111,252). General Fund expenditures to date equal 71.42% of budget (61.77% when
adjusted for the PEDC loan.) The City is 66.66% through the budget year.
13. Sewer revenue is up 18.12% ($839,303). This reflects the gradually increasing rates that the City
Council has approved to fund the new wastewater plant.
14. Water revenue is up 2.21% ($118.741).
15. Other revenue sources are down 16.63% ($78,372).
16. Total Water & Sewer revenues, ignoring transfers and adjustments, are 8.40% above last year
and represents 68.35% of the total budget.
17. Total Water & Sewer expenses are 0.81% above last year at this point and represent 39.78% of
the total budget (56.75% adjusted for debt payments to date.) while the City is 66.66 % through
the budget year.
Departmental Expenditure Summary:
At this point the City is eight months or 66.66% through the budget year. It is important to remember
that expenditures do not occur equally throughout the year. For example, capital expenditures and
association memberships are one time expenditures that if made early in the fiscal year can produce a
distorted expenditure percentage. Within the General, Water & Sewer, and Sanitation Funds there are
four departments whose expenditures are over 66.66%.
1. City Council-92.94%.The overage amounts to $25,683 and is due to making the annual insurance
payment, public notices, payment of ATCOG membership fee, payment of redistricting
consultant, and payment of the elevator maintenance contract.
2. EMS -80.80%. The overage amounts to $469,830 and is due to purchase of minor apparatus,
annual insurance payment, equipment maintenance, credit card service fees, medical supplies,
and purchase of capital items (ambulance and equipment).
3. General Expenses -80.03% -The overage amounts to $221,998 and is due to making full payments
to the non -profits and quarterly payments to the Lamar County Appraisal District.
4. Cox Field Airport -100.98!0. The overage amounts to $225,491 and is due to lot mowing invoices
from the summer turned in after the start of the new fiscal year, high utility bills due to water
leak, building repairs, fuel purchases, and the annual insurance payment.
General comments to the City Council:
1. Over 99% of all of the City operational activity takes place in the General Fund, the Water &
Sewer Fund, Airport Fund, or the Sanitation Fund. The other funds are special purpose funds
with limited activity and usually with legal restrictions on what their money can be spent on. For
that reason, I normally only comment on the activity of the General Fund, Water & Sewer Fund,
Airport Fund, and the Sanitation Fund. However, if circumstances merited it, I would make
comment on activity in one of the other funds.
2. 1 try to anticipate questions you might have about the report and comment on those points.
After you receive your packet and review the monthly report, if you have questions about the
report, please let the Manager know (or me if you can't reach the Manager) before the Council
meeting if possible in case I have to research the answer to your question. That does not
prevent you from asking the question at the meeting if you wish to make a point, but it does
help prevent questions coming up that I can't answer on the spot and possibly delaying the
Council in making a decision.
3. The activity of the Paris Economic Development Corporation is reflected in the monthly report.
This is a result of the City performing the bookkeeping functions for this agency. PEDC has its
own managing board.
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Item No. 9
Code Enforcement Report: Ma 2022
Cases Worked: 641
Cases Completed: 323
Initial Inspections: 633
Re -inspections: 423
Total Inspections: 1046
Lots Abated: 215
Other Work by Abatement Crew:
Tree & Brush Removal — 4 days
Removed Tires — 3 days
Removed Illegal Dumps — 10 days
Repaired/Serviced Equipment -2 days
Buildin .and Standards Report: April 22022
9 structures were presented to the Building and Standards Commission:
3220 Cleveland 1009 NE 8th
418 & 420 Tudor 333 Bonham
251 E Booth 351 NE 8th
621 NE 11th 240-306 SW 2nd
City Block 174-A, Lots 11 & 12
There were 2 structures demolished in April, 2022:
1131 NE 14th
339 NW 19th
Item No. 10
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Consideration of and action on the Final Plat of the K&S Investments Cherry Street
Addition CB 227E, Lot 1, Block A, LCAD Property ID 17643, located at 1958 E
Cherry Street.
MTG. DATE: June 27, 2022
BACKGROUND
The applicant requested simultaneous approval of Preliminary & Final Plats. The property is zoned
2F. The intended purpose for the platting is for the demolition and reconstruction of new residence.
The use is permitted by right in the 2F District.
At its meeting held on 6/6/22 the P&Z denied the preliminary plat and recommended denial of the
final plat to the City Council. The reason for the recommended denial is based upon the attached
memo from the Engineering Department for substantial reasons associated with the plat as
presented for approval. State law requires that each body of the city review and take action on the
plat application within 30 days. Since there is such little time within a 30 day shot clock, there are
really only two options for city action with incomplete submissions under the new state law. They
are: 1. Approve the plat with conditions. 2. Deny the plat with reasons. Both options must tie
each condition or reason to city code or state law. In this instance, the P&Z agreed with the staff
recommendation for denial and the applicant was notified in writing of the denial, with the stated
reasons, and the procedure for re-application which must be acted upon within a shortened time-
frame of 2 weeks by each body.
RECOMMENDATION
Staff and the P&Z recommends denial of the Final Plat according to the attached recommended
reasons in the Engineering Memo.
TO: Andrew Mack, Community Development Director
FOR: Planning and Zoning
FROM: Derek Dacus, Engineering Technician
SUBJECT: K&S Investments Cherry Street Addition CB 227E Preliminary and Final Plats
DATE: June 1, 2022
BACKGROUND: K&S Investments, LLC owns a parcel totaling 0.225 acres located at 1958 East Cherry
Street. The zoning is currently 2F (Two Family).
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CITY COMMENTS: The following issues with the plat have been found upon review:
1. Per the City's Subdivision Ordinance, Section IV. (5): The location and width of all existing and
dedicated streets and alleys within or adjacent to the proposed subdivision...
a. The ROW is called out as 50' however, at that location the measured width appears to
be wider. In addition, the ROW appears to get narrower as you move east.
b. Please provide the width of the alley south of the parcel.
2. Per the City's Subdivision Ordinance, Section IV. (7): The location, size, and approximate depth
of all existing utilities shall be shown.
a. Please show the manhole and sewer line in the alley south of the parcel.
b. Please show the sewer line running north/south along 201h.
c. Please show the storm sewer inlets and pipes.
d. Please show the manhole and fire hydrant NE oft e parcel.
3. Per the City's Subdivision Ordinance, Section IV.(9): The proposed plan of the subdivision shall
be shown, including all proposed streets and their names, alleys, easements, blocks, lots,
building lines, parks, etc. with principal dimensions.
a. Per the zoning ordinance the minimum lot width for this zoning is 60'; however, this lot
is shown to measure 48.53'. A variance will be required.
4. Per the City's Subdivision Ordinance, Section IV. (10): A designation of the proposed uses of land
within the subdivision, that is the zoning that is requested.
a. The zoning is incorrectly listed as SF2 rather than 2F
S. Per the City's Subdivision Ordinance, Section VIII. A, E7, and E14: The city hereby adopts the
master thoroughfare plan to provide for the location and size of thoroughfares in the city. The
streets of a proposed subdivision shall conform to the general intent of the approved
thoroughfare plan. The city shall have the authority to determine final alignment and right-of-
way requirements/The City shall have the authority to require proposed developments and
subdivisions to extend proposed residential streets and residential street right-of-way to
adjacent properties where future development or redevelopment is projected to occur./
Collector streets shall have a minimum width of right-of-way of sixty (60) feet and a minimum
paving width of thirty-nine (39) feet, back of curb to back of curb.
a. Cherry St is designated as a collector street in the Master Thoroughfare Plan and as such
requires that ROW be dedicated to reach 30ft from centerline of the road.
RECCOMENDATION: Engineering staff recommends that the preliminary and final plat be denied based
on the nature and abundance of issues.
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Item No. 11
Memorandum
TO:: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Consideration and action on the Preliminary Plat of the Davidson Addition C13250,
Lot 1, Block A, LCAD Property ID 53721, located at 891 Clement Rd.
MTG. DATE: June 27, 2022
BACKGROUND
The applicant requested simultaneous approval of Preliminary & Final Plats. The property was
just rezoned MF -l. The intended purpose for the platting is for the demolition and reconstruction
of new 9 unit apartment. The use is permitted by right in the MF -1 District.
At its meeting held on 6/6/22 the P&Z denied the preliminary plat and recommended denial of the
final plat to the City Council. The reason for the recommended denial is based upon the attached
memo from the Engineering Department for substantial reasons associated with the plat as
presented for approval. State law requires that each body of the city review and take action on the
plat application within 30 days. Since there is such little time within a 30 day shot clock, there are
really only two options for city action with incomplete submissions under the new state law. They
are: 1. Approve the plat with conditions. 2. Deny the plat with reasons. Both options must tie
each condition or reason to city code or state law. In this instance, the P&Z agreed with the staff
recommendation for denial and the applicant was notified in writing of the denial, with the stated
reasons, and the procedure for re-application which must be acted upon within a shortened time-
frame of 2 weeks by each body.
RECOMMENDATION
Staff and the P&Z recommends denial of the Final Plat according to the attached recommended
reasons in the Engineering Memo.
TO: Andrew Mack, Community Development Director
FOR: Planning and Zoning
FROM: Derek Dacus, Engineering Technician
SUBJECT: Davidson Addition CB 250 Preliminary and Final Plats
DATE: June 1, 2022
BACKGROUND: Distinguished Property and Investments, LLC owns a parcel totaling 0.513 acres located
at 891 Clement Rd. The zoning is currently MF1 (Multiple Family 1).
STATUS OF ISSUE: The owner has submitted a preliminary and final plat in order to develop the parcel.
CITY COMMENTS: The following issues with the plat have been found upon review:
• Chapter 9, Exhibit A, Section IV, (3): There is an existing Davidson 112 Addition. The title of the
submitted plat may be too similar and should be amended.
• Chapter 9, Exhibit A, Section IV, (7): There are two existing manholes not shown.
• Chapter 9, Exhibit A, Section IV, (5) & Chapter 9, Exhibit A, Section VIII, E, 14: It appears that,
according to the Master Thoroughfare Plan, both Clement and Fitzhugh are collector streets and would
require additional dedication to reach the required 60ft total ROW.
RECCOMENDATION: Engineering staff recommends that the preliminary and final plat be approved with
the condition that the issues listed are addressed.
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Item No. 12
Memorandum
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Continued Public hearing to consider and take action regarding the petition of
Donald Wilson on behalf of Sunrise Ministries Intl Church for a Specific Use
Permit (SUP) for a Self-Storage/Mini-Warehouse in the City of Paris, Block 249,
Lot 35-A, located at 3055 Clarksville Street- LCAD 17987.
MTG. DATE: June 27, 2022
BACKGROUND
On 6/6/22 the P&Z approved this item after continuing the hearing from its previous May meeting.
The applicant requested in connection with the rezoning change from NS to C, an SUP to permit the
remodeling of a closed nursing home into a storage rental facility. The SUP is a requirement for the
commercial storage facility remodeling permit to be approved. The updated attached plan for the project
now shows the needed details for the site plan with the minimum required stripped parking spaces and fire
lane shown. The line drawing depiction of the existing site improvements for the property is what is
planned. The existing front entrance door will remain as is and the only remodeling to the facility will be
the interior spaces. This will include the creation of a small office space for the on-site manager. The
remodel plans were discussed with the Building Official. An existing fire suppression system is within the
facility and it will be repaired and brought up to code. The current building contains just under 40,000 s.f.
of floor area. The parking lot is in substantial deteriorated condition, but the lot will be repaired, seal coated
and stripped with 1 handicapped parking space provided. The two driveway access points existing will
remain and be stripped for fire lane to the site from Clarksville. Water and sewer services exist to the
building and will be updated with the remodel. Full remodel plans will be presented for the building permit
following approval of the SUP.
ANALYSIS
Section 12-100 of the Zoning Ordinance requires that "The City Council of the City of Paris, Texas,
after public hearing and proper notice to all parties affected and after recommendations by the
Planning and Zoning Commission may authorize the issuance of specific use permits for the
following types of uses in the following districts:
(50) Self-storage/mini-warehouses must have a specific use permit (S) to locate in a Commercial (C)
zoning district in the City of Paris, Texas.
Section 12-101 further requires that: "The city staff shall review and recommend said Special
Use Permit request and the Planning and Zoning Commission in considering and determining
its recommendation and the City Council on any request for a Specific Use Permit shall require
Page 1 of 2
firom the applicant Site plans and supportive plans, information, operating data and expert
evaluation concerning the location, function and characteristics of any building or use
%ro%osed. The C16,r Council ma
with this ordinance, establish conditions of operation, location, arrangement and construction
o%'anoi usefi2r which a ricermit is autho
as Specific Use Permits, the City Council may impose such development standards and
safeguards as the conditions and location indicate important to the weffare and protection of
adjacentprop in excessive noise, vibration dust dirL. smoke,,fumes�v- od r, e losion
glare, offensive view or other undesirable or hazardous condition.
The applicant in this request has now provided the supportive plans, information, operating data
and expert evaluation concerning the location, function and characteristics of the proposed use
cemodeling of the facility for this use. Additionally, the applicant plans to attend the continued
hearing on the project at the 6/27/22 meeting. Staff greatly appreciates the applicant working with
us to better develop the proposal in bringing this back before the P&Z and City Council for further
consideration.
I input was received to date in support of the project from Vicki Eisele residing in a residence to
the north of the property located at 3084 Pride Circle.
RECOMMENDATION
Staff recommends approval of the SUP for a Self- Storage/Mini-Warehouse facility, subject to the
following condition:
The applicant shall submit all required plans for remodeling of the building and be
reviewed by the City Building Official and Fire Marshal prior to issuance of a building
permit.
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS,
AS HERETOFORE AMENDED, SO AS TO ALLOW A SPECIFIC USE PERMIT
(SUP) IN A COMMERCIAL DISTRICT (C) FOR A SELF-STORAGE/MINI-
WAREHOUSE IN THE CITY OF PARIS, BLOCK 249, LOT 35A, LCAD # 17987,
LOCATED AT 3055 CLARKSVILLE STREET; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to allow a specific use permit in the
City of Paris, Block 249, Lot 35A, LCAD # 17987, located at 3055 Clarksville Street, a
commercial district; and,
WHEREAS, on June 6, 2022, following notice and publication as required bylaw, the
Planning and Zoning Commission conducted a public hearing on the proposed amendment
to the City Zoning Ordinance allowing a specific use permit for a self-storage/mini-
warehouse and, following said hearing, made formal recommendation to the City Council to
approve the requested specific use permit subject to the following condition:
The applicant shall submit all required plans for remodeling of the building and
be approved by the City Building Official and Fire Marshal prior to the issuance
of a building permit.
WHEREAS, on June 27, 2022, following notice and publication as required by law, the
City Council of the City of Paris conducted a public hearing on the proposed amendment to
the City Zoning Ordinance, and having considered the recommendations of the Planning and
Zoning Commission and the testimony and evidence introduced at said public hearing, found
and determined that approving the aforesaid specific use permit with the stated condition
would be consistent with the Comprehensive Future Land Use Plan of the City of Paris,
consistent with the City Zoning Ordinance, and in the best interests of the public health,
safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning
Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to
allow a specific use permit in the City of Paris Block 249, Lot 35A, LCAD # 17987, located at
3055 Clarksville Street subject to the following condition:
be approved by the City Building Official and Fire Marshal prior to the issuan
of a building permit. i
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby,
directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes
set forth in this ordinance.
Section 4. That all provisions of the ordinances of the City of Paris, Teas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
accruingSection S. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
nenaltv
I t" agjfj�
Section 6. That it is the intention of the City Council of the City of Paris that thl'
ordinance severable,ll ",
partial invalidity
validity of any other portion of this ordinance. I
Section 7. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction., shall be subject to a fine in accordance with
provisions of Seca 10010009 of the City of Paris Code of Ordinances, and each and every days
continuance of any violation of the above- enumerated sections shall constitute and be
deemed a separate offense.
Section 8. This ordinance shall become effective from and after its passage and
publication as required by law.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 13
Memorandum
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Public hearing to consider and take action regarding the petition of Ara Sprague of
Spartan Investment Group for a Specific Use Permit (SUP) in a Commercial
District (C) for a Self-Storage/Mini-Warehouse in the City of Paris, Block 321, Lots
2 and 2-A, located at 2405 NE Loop 286 and 2510 Spur 139- LCAD 18797 and
18798.
MTG. DATE: June 27, 2022
BACKGROUND
The applicant proposes to expand the existing mini storage facility with a new separate climate
control building at this location. It will have a new entrance onto Spur 139 with a gated entry and
all new parking and drive areas. The site plan provided is not yet detailed and fully to scale, but
the property was surveyed and the site civil engineering improvements are being prepared. All
new development will be required to fully comply with the newly adopted site development
procedures for both horizontal and vertical construction. The SUP is also to legitimize the existing
mini storage locker buildings as a permitted SUP, even though no changes to that part of the
development are proposed. This is recommended given the fact that an SUP was not previously
approved by the City as a result of changes to the zoning ordinance years after it was built. The
P&Z approved the request at its 6/6/22 meeting.
ANALYSIS
Section 12-100 of the Zoning Ordinance requires that "The City Council of the City of Paris, Texas,
after public hearing and proper notice to all parties affected and after recommendations by the
Planning and Zoning Commission may authorize the issuance of specific use permits for the
following types of uses in the following districts:
(50) Self-storage/mini-warehouses must have a specific use permit (S) to locate in a Commercial (C)
zoning district in the City of Paris, Texas.
Section 12-101 further requires that: "The city staff shall review and recommend said Special
Use Permit request and the Planning and Zoning Commission in considering and determining
its recommendation and the City Council on any request for a Specific Use Permit shall require
from the applicant Site plans and supportive plans, information, operating data and expert
Page 1 of 2
evaluation concerning the location, function and characteristics of any building or use
proposed. The City Council may, in the interest of the public welfare and to assure compliance
with this ordinance, establish conditions of operation, location, arrangement and construction
of any use for which a permit is authorized. In authorizing the location of any of the uses listed
as Specific Use Permits, the City Council may impose such development standards and
safeguards as the conditions and location indicate important to the welfare and protection of
adjacent propertyfrom excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion,
glare, offensive view or other undesirable or hazardous condition."
The applicant in this request has provided concept plans, information, operating data and expert
evaluation concerning the location, function and characteristics of the proposed use and new
development construction of the facility for at this site. The applicant plans to attend the hearing
on the project at the 6/27/22 meeting. No other changes to the existing facility are planned other
than signage change overs.
INPUTS
None have been received as of this date.
RECOMMENDATION
Staff recommends approval of the SUP for a Self-Storage/Mini-Warehouse climate control
facility, subject to the following conditions:
1. The applicant shall submit all required plans for construction of the new building and be
reviewed by the City Engineer, Building Official and Fire Marshal prior to issuance of a
building permit.
2. The subject property shall be platted and approved by the City prior to issuance of a
building permit.
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO.1710 OF THE CITY OF PARIS, TEXAS,
AS HERETOFORE AMENDED, SO AS TO ALLOW A SPECIFIC USE PERMIT
(SUP) IN A COMMERCIAL DISTRICT (C) FOR A SELF-STORAGE/MINI-
WAREHOUSE IN THE CITY OF PARIS, BLOCK 321, LOTS 2 AND 2-A,
LOCATED AT 2405 NE LOOP 286 AND 2510 SPUR 139, LCAD 18797 AND
18798; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to allow a specific use permit (SUP)
in a commercial district (C), in the City of Paris, Block 321, Lots 2 and 2-A, located at 2405
NE Loop 286 and 2510 Spur 139 LCAD # 18797 and 18798 and;
WHEREAS, on June 6, 2022, following notice and publication as required by law, the
Planning and Zoning Commission conducted a public hearing on the proposed amendment
to the City Zoning Ordinance allowing a specific use permit for a self-storage/mini-
warehouse and, following said hearing, made formal recommendation to the City Council to
approve the requested specific use permit subject to the following conditions:
1. The applicant shall submit all required plans for construction of the new building
and be approved by the City Engineer, Building Official and Fire Marshal prior
to issuance of a building permit.
2. The subject property shall be platted and approved by the City prior to issuance
of a building permit.
WHEREAS, on June 27, 2022, following notice and publication as required by law, the
City Council of the City of Paris conducted a public hearing on the proposed amendment to
the City Zoning Ordinance, and having considered the recommendations of the Planning and
Zoning Commission and the testimony and evidence introduced at said public hearing, found
and determined that approving the aforesaid specific use permit subject to the listed
conditions would be consistent with the Comprehensive Future Land Use Plan of the City of
Paris, consistent with the City Zoning Ordinance, and in the best interests of the public health,
safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning
Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to
allow a specific use permit in the City of Paris Block 321, Lots 2 and 2-A, located at 2405 NE
Loop 286 and 2510 Spur 139 LCAD # 18797 and 18798 subject to the following conditions:
1. The applicant shall submit all required plans for construction of the new
building and be approved by the City Engineer, Building Official and Fire
Marshal prior to issuance of a building permit.
2. The subject property shall be platted and approved by the City prior to issuance
of a building permit.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby,
directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes
set forth in this ordinance.
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 8. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 27th day of June, 2022, by the City Council of the City
of Paris, in regular session, following notice and publication as required by law.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 14
r
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Public hearing to consider and take action regarding the petition of Carolyn Akins
for a Specific Use Permit (SUP) in a Neighborhood Service District (NS) for a one -
family dwelling home in the East Park Addition, Block C, Lot 12, located at 951 E
Hickory- LCAD 11030
MTG. DATE: June 27, 2022
BACKGROUND
The applicant proposes to reconstruct a fire damaged business and remodel the property into a
single family residence. Single family homes were amended in the zoning ordinance last year to
only be permitted with an SUP in the NS District. The surrounding neighborhood is principally
all single family homes so the proposed conversion of use is more consistent with surrounding
current land uses than the actual zoning of the site. The remodel will be for only the existing
footprint, so there is no issue or concerns with regard to setbacks. A dwelling would normally be
required to have a paved driveway. The value of the remodeling on the application is a flat fee at
.30 cents per square foot, or 1,500 x .3 = $450 permit fee. No actual value for the improvements
were stated on the application, but are substantial given the actual amount of fire damaged
sustained. The point here is that the current driveway areas on two sides are gravel. Ordinance
requires the driveway to be paved from a paved roadway. Therefore, it is reasonable to consider
imposing a condition that will require the paving of the two minimum parking spaces and the
driveway connection to the street for the project and any remaining parking areas not intended to
be paved be returned to greenspace. This is a result of the conversion of use in the NS District.
Any reversion of use from the new residential purposes back to any business use will require an
amendment to the SUP. The request was approved by the P&Z at its 6/6/22 meeting.
ANALYSIS
Section 8. Use of Land and Buildings, A One -Family Dwelling Detached must have a Specific Use Permit
to locate in a Neighborhood Service District (NS) in the City of Paris, Texas.
Section 12-101 further requires that: "The city staff shall review and recommend said Special
Use Permit request and the Planning and Zoning Commission in considering and determining
Page 1 of 2
its recommendation and the City Council on any request for a Specific Use Permit shall require
from the applicant Site plans and supportive plans, information, operating data and expert
evaluation concerning the location, function and characteristics of any building or use
proposed. The City Council may, in the interest of the public welfare and to assure compliance
with this ordinance, establish conditions of operation, location, arrangement and construction
of any use for which a permit is authorized. In authorizing the location of any of the uses listed
as Specific Use Permits, the City Council may impose such development standards and
safeguards as the conditions and location indicate important to the welfare and protection of
adjacent propertyfrom excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion,
glare, offensive view or other undesirable or hazardous condition."
The applicant in this request has submitted plans and an application for remodeling of an existing
commercial building into a new residential dwelling at this site. Although remodeling work began
without a permit, all required permits for the remodeling will be issued once the SUP is first
approved. No issues are anticipated. Any future reversion of use from the new residential
occupancy back to any business use will require an amendment to the SUP.
INPUTS
None have been received as of this date.
RECOMMENDATION
Staff recommends approval of the SUP for a single-family residence in an NS District, subject to
the following condition:
1. The driveway and accommodation for two parking spaces on the property shall be paved
and no other parking spaces shall remain unpaved as a building permit approval
requirement.
2. There shall be no final inspection for occupancy until a paved driveway is constructed with
room for two paved on-site parking spaces as required by Section 10 Off -Street Parking
and Loading Regulations of the City's Zoning Ordinance.
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO.1710 OF THE CITY OF PARIS, TEXAS,
AS HERETOFORE AMENDED, SO AS TO ALLOW A SPECIFIC USE PERMIT
(SUP) IN A NEIGHBORHOOD SERVICE DISTRICT (NS) FOR A ONE -FAMILY
DWELLING HOME IN THE EAST PARK ADDITION, BLOCK C, LOT 12,
LOCATED AT 951 E. HICKORY, LCAD# 11030, IN THE CITY OF PARIS,
LAMAR COUNTY, TEXAS; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to allow a specific use permit (SUP)
in a neighborhood service district (NS) for a one -family dwelling home in the East Park
Addition, Block C, Lot 12, located at 951 E. Hickory, LCAD# 11030, in the City of Paris, Lamar
County, Texas; and,
WHEREAS, on June 6, 2022, following notice and publication as required by law, the
Planning and Zoning Commission conducted a public hearing on the proposed amendment
to the City Zoning Ordinance allowing a specific use permit for a neighborhood service
district (NS) for a one -family dwelling district and, following said hearing, made formal
recommendation to the City Council to approve the requested specific use permit subject to
the following conditions:
1. The driveway and accommodation for two parking spaces on the property
shall be paved and no other parking spaces shall remain unpaved as a
building permit approval requirement.
2. There shall be no final inspection for occupancy until a paved driveway is
constructed with room for two paved on-site parking spaces as required by
Section 10 Off -Street Parking and Loading Regulations of the City's Zoning
Ordinance; and,
WHEREAS, on June 27, 2022, following notice and publication as required by law, the
City Council of the City of Paris conducted a public hearing on the proposed amendment to
the City Zoning Ordinance, and having considered the recommendations of the Planning and
Zoning Commission and the testimony and evidence introduced at said public hearing, found
and determined that approving the aforesaid specific use permit with the listed conditions
would be consistent with the Comprehensive Future Land Use Plan of the City of Paris,
consistent with the City Zoning Ordinance, and in the best interests of the public health,
safety, and welfare of the citizens of the City of Paris by a vote of ayes and nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning
Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to
allow a specific use permit (SUP) in a neighborhood service district (NS) for a one -family
dwelling home in the East Park Addition, Block C, Lot 12, located at 951 E. Hickory, LCAD#
11030, in the City of Paris, Lamar County, Texas subject to the following conditions:
1. The driveway and accommodation for two parking spaces on the property shall be
paved and no other parking spaces shall remain unpaved as a building permit
approval requirement.
2. There shall be no final inspection for occupancy until a paved driveway is
constructed with room for two paved on-site parking spaces as required by Section
10 Off -Street Parking and Loading Regulations of the City's Zoning Ordinance.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby,
directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes
set forth in this ordinance.
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 8. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 27th day of June, 2022, by the City Council of the City
of Paris, in regular session, following notice and publication as required by law.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 15
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Public hearing to consider and take action regarding the petition of the City of Paris
for the addition of a Historic Overlay District (HD -18) in a Two -Family Dwelling
District (217) in the City of Paris, Block 146, Lot 3, located at 705 SE 3rd Street-
LCAD 16382.
MTG. DATE: June 27, 2022
BACKGROUND
The City of Paris proposes the addition of a local Historic Overlay District (HD -18) for the creation
of a single freestanding historic district. This is for the identified oldest standing residence in the
City located a 705 SE 3`d St. The City has mowed the property for years and the property is
delinquent with several years of unpaid property taxes making it eligible for tax foreclosure due to
the vacant status of the residence. The Historic Preservation Commission (HPC) and Planning &
Zoning Commission have recommended to the City Council the creation of this new single
structure district to preserve the architectural significance of the propertylIcP11. This will protect the
oldest house in the City of Paris from any potential demolition orders according to ordinance
provisions. There has also been substantial interest in purchasing the property should it become
eligible for sale under the tax foreclosure proceedings. The exterior of the structure appears
salvageable, thus warranting the creation of this district.
ANALYSIS
The house was constructed in 1880 with an Italianate Architecture Style. There are no plans at this
time for remodeling. Although, it is highly likely that such remodeling work would begin once it
can be relinquished from a trustee status through a court proceeding. The establishment of this
historic district designation is an additional step in securing a future for the residence and creating
financial grant incentives for remodeling. The condition of the interior is undetermined at this
point in time.
Page 1 of 2
RECOMMENDATION
Staff recommends approval regarding the petition of the City of Paris for the addition of a Historic
Overlay District (HD -18) in a Two -Family Dwelling District (2F) in the City of Paris, located at
705 SE 3rd Street.
Page 2 of 2
ZONING DESIGNATIONS
y PROPERTY
DATE.
DESIGNATING THE BOUNOF THE HISTORIC OVERLAY
DISTRICT NO. 18 (HD -18) SO ESTABLISHED; MAKING OTHER
FINDINGS AND PROVISIONS RELEATED TO THE SUBJECT;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN
EFFECTIVE
WHEREAS,Paris,received a ;
from " Paris Historic Preservation
ordinance of the City of Paris to #
Paris, Blocka 1i
WHEREAS, the structure located on said property has been
oldest standing residence in the City and was constructed in 1880 with an Italianate
architectural style; and
WHEREAS, on May 11, 2022, the Historic Preservation Commission reviewed
the request, and, after notice to the owner and a public hearing thereon,
recommended that the Historic Overlay District on this property be approved in
accordance with the City zoning ordinance and State law and that the City ;'
designate the structure as a historic structure; and
WHEREAS, on June 6, 202 2, the Planning and Zoning Commission conducted
2. public hearing on said proposed amendment to the City zoning ordinance and,
following said hearing, made formal City
il
r proposed
recommendation! s w
'� • �✓ Overlay
WHEREAS, on
27,2022, the
4 City Council of the City of Paris subsequently
" property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are
hereby in all things approved.
Section 2. That the boundaries heretofore established by the Zoning Map and
Ordinance No. 1710 of the City of Paris, Texas, be, and the same are hereby, changed,
and that the structure on the property located at 705 SE 3rd Street in the City of Paris
be, and the same is hereby designated as a Historic Structure, and that a Historic
Overlay District No. 18 (HD -18) be, and the same is hereby established on the same
property, as recommended by the Historic Preservation Commission and the
Planning and Zoning Commission, so as to include such Historic Overlay District No.
18 (HD -18) the hereinafter described property, while preserving the respective
existing use and zoning regulations of the property previously designated thereon,
and the boundaries of said Historic Overlay District No. 18 (HD -18) be, and the same
are hereby, established as follows:
SITUATED within the corporate limits of the City of Paris, County of Lamar,
and State of Texas, being the property known as City of Paris, Block 146, Lot 3,
LCAD Parcel No. 16382, 705 SE 3rd St.
Section 3. That the Chief Building Official of the City of Paris, be, and he is
Vf 9&Rw-.,,4 Tw�zs
the changes set forth in this ordinance.
Section 4. That the City's Historic Preservation Ordinance, Chapter 9, Art.
*�.05, Chapter 7, City of Paris Code of Ordinances, the City's Design Standards for
Historic Districts located in the City of Paris, Texas and the Secretary of the Interior's
Standards for the Treatment of Historic Properties, are incorporated herein by
wi�&-r-.auuwI s%21
created by this ordinance.
Section S. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other
provisions of the ordinances of the City of Paris not in conflict with the provisions of
this ordinance shall remain in full force and effect.
Section 6. That any person violating any provision of this ordinance shall be
I �F_�V_fc K L'1111i
with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above -enumerated sections shall
constitute and be deemed a separate offense.
Section 7. That the repeal of any ordinance or part of ordinances affected by
j d1jj
j je constmpd as--aiini nini ani action now
_77=
or altering any penalty accruing or to accrue, or as affecting any rights of the
municipality under any section or provisions of any ordinance at the time of passage
of this ordinance.
Section 8. That this ordinance shall become effective from and after its
passage.
PASSED AND ADOPTED on this 27th day of June, 2022, by the City Council of
the City of Paris, in regular session, following notice and publication as required by
law.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 16
Memorandum
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Public hearing to consider and take action regarding the petition of MWY
Investments, LLC for a change in zoning from an Agricultural District (A) to a
Commercial District (C) in the City of Paris, Block 307-C, Lot 1, located at 4005
N Main Street- LCAD 106006.
MTG. DATE: June 27, 2022
BACKGROUND
The applicant requested a rezoning change from A to C to permit the remodeling of an existing
commercial building that was previously operated as a retail art gallery to commercial contractor
office building. The new land owner also intends to construct a new contractor storage building
behind the existing building along County Road 32900. The P&Z recommended approval at its
6/6/22 meeting.
ANALYSIS
The subject property is zoned A, is guided for Commercial and contains a retail building.
• The land to the West is zoned A, is guided for Commercial and is undeveloped along CR 32900.
• The land to the North is zoned A, is guided for Commercial and contains a single family residence and
Thrasher's Wood Crafts and storage business.
• The land to the East is zoned A, is guided for Commercial and contains a mixture of commercial
businesses.
• The land to the South is Zoned C, is guided for commercial and is crop land.
The change in zoning will be consistent with the Comprehensive Plan. The proposed commercial
use of the property is consistent with the existing commercial business uses of the immediate
area. The change in zoning will permit the construction of the new contractor shop.
UNPUTS
No inputs have been received on this request.
RECOMMENDATION
Staff recommends approval of the change in zoning Agricultural District (A) to a Commercial
District (C) for the property located at 4005 North Main Street.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS,
AS HERETOFORE AMENDED, SO AS TO REZONE CITY OF PARIS BLOCK
307-C, LOT 1, LOCATED AT 4005 N. MAIN STREET, IN THE CITY OF PARIS,
LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A
COMMERCIAL DISTRICT (C); DIRECTING A CHANGE ACCORDINGLY IN
THE OFFICIAL ZONING MAP OF THE CITY, PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission received a request for an
amendment to the Zoning Ordinance of the City of Paris to rezone City of Paris Block 307-C,
Lot 1, located at 4005 N. Main Street, in the City of Paris, Lamar County, Texas, from an
Agricultural District (A) to a Commercial District (C); and,
WHEREAS, on June 6, 2022, following notice and publication as required by law, the
Planning and Zoning Commission conducted a public hearing on the proposed amendment
to the City Zoning Ordinance and, following said hearing, made formal recommendation to
the City Council to approve the requested zoning; and,
WHEREAS, on June 27, 2022, following notice and publication as required bylaw, the
City Council of the City of Paris conducted a public hearing on the proposed amendment to
the City Zoning Ordinance, and having considered the recommendations of the Planning and
Zoning Commission and the testimony and evidence introduced at said public hearing, found
and determined that approving the aforesaid zoning change would be consistent with the
Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning
Ordinance, and in the best interests of the public health, safety, and welfare of the citizens of
the City of Paris by a vote of ayes and nays.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning
Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to
rezone City of Paris Block 307-C, Lot 1, located at 4005 N. Main Street, in the City of Paris,
Lamar County, Texas, from an Agricultural District (A) to a Commercial District (C).
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby,
directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes
set forth in this ordinance.
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section B. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 27th day of May, 2022, by the City Council of the City
of Paris, in regular session, following notice and publication as required by law.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 17
TO: Mayor, Mayor Pro Tem and City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: Discuss and Act Upon a 5 In 5 Tax Abatement Agreement with Skyler Burchinal
DATE: June 27, 2022
BACKGROUND & DISCUSSION
Attached please find the draft resolution and agreement located along SW 4th St. and Sherman Ave.
between the City and Mr. Skyler Burchinal of Sky -Mar Ventures, LLC for the construction of a new 10
unit apartment in the 5 In 5 Area for a total of 10 dwelling units. The apartments are planned for construction
this year and a platting process will follow this agreement prior to construction. Attached are examples of
the new apartment Mr. Burchinal proposes to construct on the property and will be the General Contractor
for the project. The agreement spells out all the requirements under the 5 In 5 Infill Development Program
Guidelines. Mr. Burchinal plans to attend the meeting on Monday night and present his building plans under
the agreement to the City Council. I also attended the Lamar County Board Meeting with Mr. Burchinal on
June 13"'. The tax abatement agreement will be back on the county board agenda on July l It" for final
approval.
Recommendation
Approval of the 5 In 5 Infill Development Agreement with Skyler Burchinal of Sky -Mar Ventures, LLC
for the construction of a new 10 unit apartment in the 5 In 5 Area is recommended.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AND AUTHORIZING AN ECONOMIC DEVELOPMENT AND TAX
ABATEMENT AGREEMENT WITH SKY -MAR VENTURES, 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 Sky -Mar Ventures, LLC providing for an Economic
Development Agreement and Tax Abatement Agreement (the "Agreement") under the 5 in 5
Housing In -fill Development Program (the "Program") adopted by the City Council on
January 10, 2022 by Resolution No. 2022-003; and,
WHEREAS, on February 10, 2020, the City Council of the City of Paris, Texas passed
Ordinance No. 2020-005 creating Reinvestment Zone 2020-1, designating certain areas
inside the city limits to be eligible for the Residential Tax Abatement Program; and
WHEREAS, Resolution 2022-003, City Council designated an area within
Reinvestment Zone 2020-1 as being eligible for the Program; and
WHEREAS, on April 12, 2021, the City Council approved resolution 2021-012 re-
authorizing the City to become eligible to participate in residential tax abatements and
approving guidelines and criteria for the residential tax abatement program; and
WHEREAS, the Program has additional criteria and guidelines for participation in
said Program, including criteria and guidelines for eligibility for residential tax abatements;
and
WHEREAS, Owner has submitted an application under the program to construct a
new apartment building with ten (10) dwelling units on property owned by him in the 300
block of West Sherman St. in Paris, Texas (hereinafter "Improvements"); and
WHEREAS, city staff has reviewed the application and the location of the above
described residential apartment building (hereinafter "Improvements") and has determined
that the property is located within the boundaries of the defined geographic area and meets
the requirements for Improvements set forth in the Guidelines and Criteria for the 5 In 5
Housing In -Fill Development Program as set forth in City Resolution No. 2022-003.
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 Economic Development Agreement and 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. 2022-003 and will
lead to the economic development of the Program Area described in said Resolution No.
2022-003.
Section 3. That the terms and conditions of the proposed Agreement attached
hereto as Exhi _' A and incorporated herein by reference, 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 City Manager 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 Exhib
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.
PASSED AND APPROVED this 27th day of June, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
THE STATE OF TEXAS )
COUNTY OF LAMAR )
ECONOMIC DEVELOPMENT AND RESIDENTIAL TAX ABATEMENT
AGREEMENT
This Economic Development and Residential Tax Abatement Agreement (hereinafter the
"Agreement) is entered into by and between the CITY OF PARIS, TEXAS, a home rule
municipality, situated in Lamar County, Texas, acting by and through its authorized officer
whose signature appears below (hereinafter called "CITY"), and SKY -MAR VENTURES,
LLC (hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, on February 10, 2020, the City Council of the City of Paris, Texas passed
Ordinance No. 2020-005 creating Reinvestment Zone 2020-1, designating certain areas inside
the city limits to be eligible for the Residential Tax Abatement Program; and
WHEREAS, after a public hearing on January 10, 2022, the City Council passed
Resolution No. 2022-003 stating its intent to establish the 5 In 5 Housing In -Fill Development
Program (hereinafter "the Program") including a low cost land sale and residential tax
abatements and adopting guidelines and criteria for the Program; and
WHEREAS, Resolution 2022-003, City Council designated an area within Reinvestment
Zone 2020-1 as being eligible for the Program; and
WHEREAS, on April 12, 2021, the City Council approved resolution 2021-012 re-
authorizing the City to become eligible to participate in residential tax abatements and approving
guidelines and criteria for the residential tax abatement program; and
WHEREAS, the Program has additional criteria and guidelines for participation in said
Program, including criteria and guidelines for eligibility for residential tax abatements; and
WHEREAS, Owner has submitted an application for a 5 In 5 Housing In -Fill
Development project to construct a new apartment building with ten (10) dwelling units on
property owned by him in the 300 block of West Sherman St. in Paris, Texas (hereinafter
"Improvements"); and
WHEREAS, city staff has reviewed the application and the location of the above
described residential duplex improvements (hereinafter "Improvements") and has determined
that the property is located within the boundaries of the defined geographic area and meets the
requirements for Improvements set forth in the Guidelines and Criteria for the 5 In 5 Housing In -
Fill Development Program as set forth in City Resolution No. 2022-003.
1
NOW, THEREFORE, in consideration of the terms and conditions referenced herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City, and Owner, (collectively referred to as "Parties") hereby mutually agree
as follows:
Component Parts
This Agreement comprises two component parts, including an economic development
agreement pursuant to Texas Government Code Chapter 380 and a residential tax abatement
agreement pursuant to Texas Tax Code Section 312.
Terms Applicable to both the Economic Development Agreement and the Residential Tax
Abatement Agreement:
I.
The Properties—Areas to be Improved
1.1 The Improvements defined in paragraph III below and made the subject of this
Agreement shall be located on the Properties located in Paris, Lamar County, Texas more fully
described in Exhibit 1 attached hereto and incorporated herein by reference, which Property is
within Reinvestment Zone No. 2020-1 and within the area set forth in the Program:
• 332 W. Sherman, City of Paris Block 118, Lot 17-A (LCAD# 15936)
0 338 W. Sherman, City of Paris Block 118, Lot 18 (LCAD# 15938)
0 348 W. Sherman, City of Paris Block 118, Lot 19 (LCAD# 15939)
• 358 W. Sherman, City of Paris Block 118, Lot 20 (LCAD# 15940)
II.
Consideration --Improvements
2.1 The Improvements to be completed consist of constructing a new apartment
building comprising ten (10) residential dwelling units upon the above described parcels and as
more fully described in the application for the Program attached hereto and incorporated herein
as Exhibit 2 and incorporated herein by reference. Said Improvements must be completed within
the term of the Economic Development Agreement, set herein to expire on April 10, 2027.
2.2 The total estimated value of the Improvements to be constructed on the above -
referenced parcels is FIVE HUNDRED THOUSAND AND NO/100 DOLLARS
($500,000.00).
2.3 Owner shall obtain City approval for all necessary platting (if required) and plans,
building permits, green tags and a Certificate of Completion from the City of Paris.
2.4 Owner shall allow city inspectors' access to the Property and Improvements
throughout construction and completion of Improvements.
2.5 Owner agrees and covenants that it will diligently and faithfully construct the
2
Improvements referenced herein in a good and workmanlike manner within 12 months of
obtaining building permits from City for each structure. Owner further covenants and agrees that
construction of the Improvements will be in accordance with all applicable state and local laws,
codes and regulations or Owner will procure a valid waiver or variance thereof.
2.6 Owner shall contact City Building Official for final inspection once
Improvements are completed and obtain a Certificate of Completion for the new residential
dwellings as completed.
2.7 Owner shall notify the Lamar County Appraisal District upon completion of
Improvements and request an updated appraisal of the Improvements.
2.8 Owner shall provide City with appraised value of Improvements upon receipt of
same from Lamar County Appraisal District.
2.9 Owner may not use the parcels described in Section 1.1 for any other purpose
other than to construct the Improvements set forth in this Article. Use of any parcel for any other
purpose shall constitute a separate act of default of the Agreement and will trigger the default
provisions and remedies set forth hereunder.
III.
Terms Specific to the Economic Development Agreement—
Texas
greementTexas Local Government Code Chapter 380
A. Term
3.1 The term of this Economic Development Agreement shall commence on June 27,
2022 and shall continue for a period of five (5) years ending on June 26, 2027,
B. Reduced Fees for Building Plan Review and Permitting
3.2 In consideration for Owner's construction and completion of the above -referenced
Improvements, City agrees to reduce rates for building plan review by one hundred percent
(100%) and permit fees by seventy-five percent (75%) for each dwelling unit constructed
pursuant to this Agreement.
C. Reduced Fees for Water and Sewer Tap Labor
3.3 In further consideration for Owner's construction and completion of the above -
referenced Improvements, City agrees to reduce rates for water and sewer tap labor fees by
seventy-five percent (75%) where required by the City's Public Works Department.
D. Local Purchasing
3.4 As further consideration for the incentives granted herein, where possible, Owner
shall purchase building materials and fixtures from vendors located within the City of Paris.
3
E. Default
3.5 It shall be an act of default of the Economic Development Agreement should
Owner fail to construct and compete all of the Improvements specified herein within the five (5)
year term set forth herein.
IV.
Terms Specific to the Residential Tax Abatement Agreement—
Texas
greementTexas Tax Code Chapter 312
A. Term
4.1 The term of this Tax Abatement Agreement shall commence on April 11, 2022. The
abatement period shall commence on January 1 of the year following City's issuance of a
Certificate of Completion on said Improvements and end on the fifth (5t') anniversary of the
commencement of the abatement period.
B. Abatement
4.2 Subject to the terms and conditions of this Economic Development Agreement and
Tax Abatement Agreement, and in further consideration for the construction and completion of
the Improvements required herein and subject to the rights and holders of any outstanding bonds
of the City, a portion of the ad valorem property taxes assessed upon the Improvements and
otherwise owed to the City shall be abated for a period of five (5) years in an amount equal to
100% per year of the taxes assessed upon the increased value of the Improvements made by
Owner to the Properties described in Section 1.1 of this Agreement, over the value in the year by
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 Properties, 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. 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, 2022.
4.3 This abatement is granted in accordance with the City's Guidelines and Criteria
for the Program, a copy of which is attached hereto as Exhibit 3 provided, however, in the event
of any conflict between this Agreement and the Guidelines and Criteria for the Program attached
hereto as Exhibit 3, this Agreement shall control.
4.4 Upon receipt of the documentation set forth in Article II and in Section 5.6 herein,
City will notify the Lamar County Appraisal District to begin the tax abatement.
C. Default
4.5 If (a) the Improvements for which an abatement has been granted are not
completed in accordance with this Agreement (within five (5) years of the effective date hereof);
4
or (b) Owner allows its taxes owed the City to become delinquent and fails to timely and
properly follow the legal procedures for protest or contest of any such; or (c) Owner materially
breaches any of the other terms, provisions or conditions of this Economic Development
Agreement and Tax Abatement Agreement, then owner shall be considered in default of this
Agreement. In the event Owner defaults in its performance of either (a), (b), or (c) above, then
City shall give Owner written notice of such default and if Owner has not cured such default
within sixty (60) days of said written notice, this Tax Abatement Agreement may be terminated
by the City. Notice of default shall be given in accordance with Article V of this Agreement.
4.6 As damages 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, including taxes on those dwelling
units constructed and completed according to the terms of this Agreement, 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 Tax Code of the State 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 lawful offsets, settlements, deductions, or credits to
which Owner may be entitled.
V.
Additional Terms applicable to both the Economic Development Agreement and
the Tax Abatement Agreement
A. No Conflict of Interest.
5.1 The Owner represents and warrants that neither the Properties nor the Improvements
include any real or personal property that is owned or leased by a member of the Paris City
Council or the Planning and Zoning Commission or any member thereof having responsibility
for approval of this Agreement.
B. Conditions.
5.2 The terms and conditions of this Agreement are binding upon the parties hereto
and their successors and assigns.
5.3 It is understood and agreed between the parties that the Owner, in performing
its obligations hereunder, is acting independently, and the City assumes no responsibility or
liability in connection therewith to third parties; and Owner agrees to release, indemnify
and hold the City its elected officials, officers, employees and attorneys harmless from
any claims, lawsuits, damages, costs or attorney's fees related to this Agreement. It is
further understood and agreed among the parties that the City, in performing its obligations
hereunder, is acting independently, and 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.
ZJ
5.4 The Owner agrees that the City, its agents and employees, shall have reasonable
right of access to any and all records concerning Owner's investment in theIm. prove eats for
the purpose of conducting an. audit of the Residential. Improvements. Any such audit shall be
made only after giving the Owner notice at least fourteen (14) days in advance and will be
conducted in such. a manner as to not unreasonably interfere with Owner's property. Upon
request, the Owner will provide the City with a detailed list of all Improvements, including a
list of materials used and cost thereof.
5.5 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 are in accordance with this Agreement and all applicable
state and local laws and regulations or valid waiver thereof, After completion of the
Irnprovements, the City shall have the right to enter the Property and conduct an inspection of
the completed prove eats.
5.6 The Owner further agrees that it will., within thirty (30) days of completion. of
the Improvements and issuance of a Certificate of Completion by the City, provide the CITY
with a sworn report, written on Owner's letterhead and signed by a designated representative
of Owner, which contains the following infon-nation:
(a) A copy of the printout from the Lamar County Appraisal District showing
the market value of the Property prior to the construction of the Improvements-,
(b) Detailed description of the Improvements;
(c) A copy of or identification of plans and specifications of constructed
improvements and the location. of the same for inspection by City's Building
Official;
(d) The actual cost of the specific capital. Improvements; and,
(e) The date of substantial completion of the specific Improvements as defined
in paragraph 2.1 hereof; and
(f) Receipts showing that the purchase of building materials and fixtures from
for the construction were made from vendors within the City of Paris, when
possible.
53 Owner further agrees that it will provide City with. an annual, sworn report
which shall certify, in writing, that it is in compliance with. each applicable to of this
Agreement. Such annual report shall be furnished on the forms provided by the City.
T
E. Authority to Contract.
5.8. This Agreement was authorized by resolution of the City Council at its regularly
scheduled meeting on the 27th day of June 2022, which further authorized the City Manager to
execute the Agreement on behalf of the City.
5.9 This Agreement was entered into by Owner pursuant to the authority granted to
the authorized official whose signature appears below.
5.10. 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.
F. Legal.
5.11 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.
5.12 This Agreement, except by operation of law, shall not be assigned or transferred
by Builder, without the prior written consent of City, which consent shall be at the sole
discretion of the City.
5.13 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:
Sky -Mar Ventures, LLC
Attn: Skyler Burcinal
1324 N. Main
Paris, Texas 75460
CITY:
CITY OF PARIS, TEXAS
Attn: City Manager
P. O. Box 9037
Paris, TX 75461-9037
With �to:
City Clerk, City of Paris, Texas
(Address same as above)
5.14 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
7
of said Agreement shall not be affected thereby, and to this end the terms and provisions of
this Agreement are declared to be severable.
5.15 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.
5.16 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.
Signature eaggjahRM
WITNESS our hands this day of , 2022.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
THE CITY OF PARIS, TEXAS
Grayson Path, City Manager
SKY -MAR VENTURES, LLC
Skyler Burchinal, President
BEFORE ME, the undersigned authority, on this day personally appeared Grayson Path, City
Manager of the City of Paris, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of June, 2022.
Notary Public, State of Texas
N
BEFORE ME, the undersigned authority, on this day personally appeared Skyler Burchinal,
President of Sky -Mar Ventures, LLC known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of June, 2022.
Notary Public, State of Texas
10
LIST OF EXHIBITS TO THIS AGREEMENT:
1=Property Description
2 = Owner's 5 in 5 Program Application
3 = City's Guidelines and Criteria for 5 In 5 Housing In -Fill Affordable Development
Program
11
0313112022 02:37 PM Total Pages: 4
Ruth Sisson, County
BY:STONE TITLE COMPANY, INC
NOTICE OF CONFIDENTIALITY RIGM; IF YOU ARE A NATURAVOERSON,
YOU MAY REMOVE O STRIKE ANY OR ALL OF THE FOLLOWING INFO ;ATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAS OP'EjtTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:; ; VbUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
A.N T Y lD IE!: E D _.
THE STATE OF TEXAS
KNOW ALL MEN BY TRES`I?RESESr
COUNTY OF LAMAR
f,
THAT I, STEVE LANDERS, a single person (iter ti called' ntor"), of the County of
�•.`, •� CJI
Lamar, State of Texas, for and in consideration of the sum of 1 en (i�,#l0) and more Dollars cash to
me in hand paid by SKY -MAR VE NTURES, LLP;, Texas Limited Liability Company, receipt
of which is hereby acknowledged; and
have Granted, Sold and Conveyed, and by'thgse,pceWnts do Grant, Sell and Convey unto SKY -
MAR VENT , LLC, A Texas Una' tetl•,�;i�liiili;ty Company (herein called "grantee"), of the
County of Lamar, State of Texas, vvMre its ma`ilirg address is 2625 Spur 139, Paris, 'Texas 75462, all
;f
that certain tract or parcel of larl in t:auiar-06uiity, 'Texas, described as follows:
SEE EXH113rr "A,`X17,AdNtDBERETO AND MADE A PART HEREOF FOR ALL
NECESSARY PURPOS`FS� i
The convey,ri e' evi�ienbed-by this deed is made subject to any and all casements, rights-of-way,
restrictions, covensAti(, conditions aiid reservation ofrecord appl icable to the within described property or any
part thereof.
T0JfAVE A PTO HOLD the within described premises, together with all and singular the
,t
rights ai d appur�tenndces thereto in anywise belonging unto SKY -MAR VENTURES, LLC, A Texas
Company, its successors or assigns forever, and grantor hereby binds himself, his
he rs,execut�rs, administrators, personal representatives, successors and assigns, to Warrant and Forever
Defend,�611 and singular the said premises unto -MAR VENTURES, LLC, A Texas Limited
Liabi ity Company, its successors and assigns, against every person whomsoever lawfully claiming or
to claim the same, or any part thereof.
1W4i3U-;eU;e;e U;$A311;euzz Uz:;If:bl HM rage of 4
anfflzz1
-4415`0'
STEVE LANDERS
THE STATE OF TEXAS
THIS instrument was acknowledged before me on the.
LANDERS.
fl
Nofku,"T'lublic, State o07`exas
v
DENISE MOFFI7T
NOTARY PUBLIC
STATE OF TEXAS. v
MY COMM. EXP. 1210PJ25
NOTARY 10 390967-6
Q RDkMG RM -URN TO:
Sk.)46r Ventures, LLC
2625 Spur 139
Paris, TX 75462
RRVAILED H
�,jp� E LAW QFF14ZJL0F
Casey Gain, Attorney (ar)
Oo The Moore Law Firm, L.L.P.
100 N. Main, Paris, TX 75460-4222
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Ali .that cert' tr .0 0 3Yf
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in Lamar`Copnt9, T and d K
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`Being 'a part �Au Ve 14. Ck6y , Blo
Ile of the City - of Pariso T�Yciia;
Beginning 41,2%feet fti-th pfihe iiit or so tion: of Ahe .NB
1�6 WB-*31qe,6�.3rd st. -S. W.�
line of West Shefrian StreWmi,4h t0i IL
for -
mealy designat6i' '�iK8�',:Ket:,
Thence North 46�- more -ss to t 1q.
r -Wite.
the' 4th. trAct, de_6cri �d I Aeed Trofn 3; W* --Jopli� afid'
Rae Joplin, to Chirlie'.'Wakd said treat; l07--oT,:r,6et -afid.vjto., Lula Waild.-by dd6d';
Januaty 24; 191+6.... as-drio'wn of in in "Hook' 86"'
2
Couhty Deed Recordsr.-
.Therice'West. vith tIig:�Pia nEi -
a stake -
TheAce-SOUA 46.'8'feet,j.'a-8t-a.kA,.;,•
'feet to�-the. �Ih:de of-beii
Thence Zast':107-aI. - 9 -4
a
Being the sarfie Property'-deidAbod -in 04 -do. d, Ir
6n�
Clarkson, a vi'dov., EVY. lee. RaPqr,,,:,1ff .9-Aiam d',
"do bait to-
nON, -a., P -,
-Ophelia. Kenyoi Goldke. Wright`Wrighf
Jack Reeivetr ddated.Ocrtdb-er. .-U '1969,;; ft 10d in
396. Lamar CovAty
all that certain lot or parcel of D
the Larkin Rattan, Survey and part
Beginning 11+3 ft.- Last of the
with the EB line of 4th St. 8,W, foit
Thence. last 40 ft, to the W-7qX
Reed. ! / /'
Thence Ndrth with the WB .tine
Thence West 40 ft. 9 stak0w,
Thence South 80 ft. t6,:`tJXe'%V1-a
Ricks, City Engineer of the 'Gi�ty, 'br.
1946.
To have.and to 0'.
Wlrbed",!,'n Laimar County, Texas, part of
(AIG,6k No. 118.
ion of the NB line of Sherman St.
166ignated Travis St,,
:k'>a lot conveyed by us to 1. IN,
of ie Reed 'lot 80 ft. a stake;,'
cjw,of beginning,, as surveyed by Tf. F.
--P&rls, Texas on the 1st tday of � uly
0
151j3U-1U11 U:wl:i11lulz U1:;1/,b1 t'm rage 4 Ot 4
4
Marvin Lester of the (bounty of Lamar, State of Texas all that oer`Gain lot or
parcel of land situated an. Lamar County, Texas, part of the L$rkin Rattan
tirvey and part of Gity Block No. 118.
• Beginning 103 tt. East of the intersection o.
St. with the E. B. line of 4th St. S. W., formerly
Thence North 80 feet, a. fence corner;
the N. -B. line o� Sherman
designated Travis; t.;
Thence Last 27 feet, a stake, the S. E. corner oaf
Thence North 59 feet, a stake, thb N. E. corner
Thence East 27 feet, a feces corner; .
Thence South 14 feet, a �enoe corner;
Thence East f# feet, a corner;
Thence South 41P feet a fence corner;
1phenoe West 21 feat, a stake;
Thence South 80 feet, a stake;
Thence West 40 feet to the place of beginning.
To have and to hold etc. �
Ed Harrisn lit;
of Ed Ham-lr_t ;
wt
All that certain let or parcel of laEnd`41tu -d is la�nar
Cduhty, Texas and described as felle4s, to-•wjt-.—"
A part ok the Larkin Ragan Survey, within the corporate
limits of the City of Paris on Vhe 'hvrth side of West'Sherman
Street, and being the same lot ao iveye to ®;'V. Baceus by B.
C. Hum hriee on AvVxst 2$, 1912, by deddof iecord in Vol. 14j,
page 15 Lamar County Deed Reda.
Beg Ng at the SR cos -mer 61",a/19t--fold by G. 1. Bread
Adm. to X. V. Baccus an March --9, by deed of record in fol.
129, page 12 LamAr County Dead``4*c r: s;
Thence last with the..Ai w ,5. `•lizev of West Skerman Street
4.0 feet;
Then,ee Ne th $0 X0
Whence West 40 f et,.i3 BacggU5s N. c®riser
Thence South wi.th.',Baeeuz-13 . d0 feet to t o place of be-
Being the same prR�aeri��.,desgribed in the deed from X. L.
Adams and wife J ula ,Ad'aEms, '`to Jack R. Reeves, dated June 7
19610 of recur , i, Later County Deed Reeord BQ®k 377.0 page 148,
referenced he- a iiecesaary nurn®ses.
State of - '1'exda� AU dL&t tauk
tx+F or
of land situated in Lamr county, Text and described
as foijolgp, to -;Witt
g_ __._a••A� aYt of the Larkin MttaA Survey within the corporate 13mitti of
Paxis In Lamar CCunty, Toxins, tatuated at the IM caroar at
tarseatiou of 8hermn atateet and 4th street OW;
DkCtNNrNti at said corner►
`•. TJISNCB North 80 feet,
`TJM(X' Bast 63 feQt,
TMWCE SOUth 00 feet to the
\' TWest with this RD .ins a! Shhpim nline ofs
PNstre
street, 88• teaot to the
P2A of begifting. The above deffor;UM0 property is th6 sam$ as that
u`�sso131X�ai
LA Caod froze C. z: gwoud' n striltor, to R. V. Daaoltst
eC lbt, dtted iWroh 9. U09t xacordid in Mak 129, page 12e Deed Reoaxd ,
p a. tYe '� t �` t0 Which JA
I�Y+n for all bebeL
CITY OF PARIS, TEXAS
APPLICATION FOR RESIDENTIAL TAX ABATEMENT
Property Owner:
Name Curtut; Name Planned:
hWingAddress:
Telephone Number: email:
BuBder or Contact than current/planned owner):
Name:
.... . ..... -
LCAD Ws
[5�,13 � . ............ .
. . . ............ .
Summary Legal Description 1,0t: Block: Addition: r
Full Legg Description: Include as an attachment a full legal description with metes and bounds
and a copy of the deed, if available.
Improvements;
Type improvements for new Construction: SF— 2FMFNo. of Dwelling Units: J,
Estimated Value of Improvements by type:
Please attach a lending institution pre -loan approval letter. Attached: Yes No
Estimated Start Date of Construction:
Estimated Date of Completion of Projects)
Description of Project (attach site plan, floor plan, etc.:
............ ... ...
Applicant(s) SignaiILLM
Date:
Date:
Page 7 of 7
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RESOLUTION NO. 2022-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
ESTABLISHING THE 5 IN 5 HOUSING IN -FILL DEVELOPMENT
PROGRAM; AUTHORIZING THE CITY TO BECOME ELIGIBLE TO
PARTICIPATE IN RESIDENTIAL HOUSING TAX ABATEMENTS AND
APPROVING GUIDELINES, CRITERIA AND AN APPLICATION FORM FOR
THE PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Sec. 312.002 of the Texas Tax Code requires local taxing entities to state their
intent to participate in tax abatement agreements and to adopt guidelines and criteria for granting
such tax abatements; and
WHEREAS, on October 14, 2013 in Ordinance No. 2013-036, the City Council designated
Reinvestment Zone No. 2013-1 for residential tax abatements; and
WHEREAS, concurrent with Ordinance No. 2013-036, the City Council also approved
Resolution No. 2013-036 electing to be eligible to participate in a residential tax abatement
program and approving Guidelines and Criteria for Residential Tax Abatement Program as
required by statute; and
WHEREAS, on February 9, 2015, the City Council passed Ordinance No. 2015-002
amending Reinvestment Zone 2013-1 for Residential Tax Abatements to expand it to include all
Council Districts in the City and designated the new reinvestment zone as Reinvestment Zone No.
2015-1; and
WHEREAS, on January 9, 2017, the City Council approved Resolution 2017-001 re-
authorizing the City to become eligible to participate in residential tax abatements and approving
guidelines and criterial for the residential tax abatement program; and
WHEREAS, on April 22, 2019, the City Council approved Resolution 2019-013 re-
authorizing the City to become eligible to participate in residential tax abatements and approving
guidelines and criterial for the residential tax abatement program; and
WHEREAS, in 2020, City Council re -authorized Reinvestment zone 2015-01 and renamed
it Reinvestment Zone No. 2020-1; and
WHEREAS, on April 12, 2021, the City Council approved Resolution 2021-012 re-
authorizing the City to become eligible to participate in residential tax abatements and approving
guidelines and criterial for the residential tax abatement program; and
WHEREAS, pursuant to Texas Tax Code Sec. 312.002(c), guidelines and criteria for tax
abatements are effective for two years from the date adopted; and
WHEREAS, the City Council desire to continue to participate in a residential tax abatement
program in the City of Paris and has now been presented with a new program to be known as the
"5 In 5 Housing In -Fill Development Program" (the "Program") with specific guidelines and
criteria for residential tax abatements entered into pursuant to Program; and
WHEREAS, the City Council has identified a specific geographic area within the City of
Paris and within Reinvestment Zone 2020-1 in which lie properties eligibile for the Program; and
WHEREAS, the City Council wishes to offer other incentives in the Program through
Chapter 380 of the Texas Government Code; and
WHEREAS, said the City Council finds that Program and the incentives offered therein will
contribute to economic development within the Program area and the Reinvestment Zone through
the provision of much needed housing for workforce for industries and other employers within
the City; and
WHEREAS, on January 10, 2022, the City Council conducted a public hearing regarding
the Program guidelines and criteria for residential tax abatements, and having taken into account
any testimony from said public hearing, wishes to adopt the Program and the guidelines and
criteria for residential tax abatements set forth therein;
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 adopts the "5 In 5 Housing In -Fill Development Program," a copy
of which is and attached hereto and incorporated herein as Exhibit "A," elects to be eligible to
participate in a residential tax abatement program under said Program, and adopts the Guidelines
and Criteria for residential tax abatements contained in said Exhibit "A."
Section 3. The City Council hereby designates the defined geographic area for properties to
be eligible to participate and enter into an agreement for the "S In 5 Affordable Housing In -Fill
Program", a map of which is attached hereto and incorporated herein as Exhibit "B".
Section 4. In order to qualify for the Program, an applicant shall agree to construct at least
five (5) new residential dwelling units on one (1) or more parcels within the boundaries set out
in Exhibit "B", which area lies within Reinvestment Zone 2020-1, within five (5) years of entering
into an Economic Development Agreement and Tax Abatement Agreement with the City.
Section S. This resolution shall become effective from and after the date of passage.
PASSED AND APPROVED this 10th day of January, 2022.
Paula Portugal, Mayo
ATTEST:
Ellis, City Clerk
APPROVED AS TO FORM:
Step iai ie H. Harris, City Attorney
5 IN 5 HOUSING IN -FILL DEVELOPMENT PROGRAM
GUIDELINES, CRITERIA AND APPLICATION FORM
CITY OF PARIS, TEXAS
January 10, 2022
I. GENERAL PURPOSE AND OBJECTIVES
The City of Paris, working with our local government partners, is seeking to provide a series of
builder incentives designed to encourage new home construction for the purpose of neighborhood
revitalization and the provision of work force housing. New home construction within the existing
interior of the community can have a positive effect towards reinvestment in our neighborhoods
by providing stability and enhanced character, as well as a means to expand our community's local
labor force. Focusing on the existing interior of the City allows the builder to utilize existing
infrastructure rather than the extension of costly streets and utilities in undeveloped lands at or
beyond the urban fringe.
To achieve this purpose, the City will offer a series of incentives:
1. Where applicable, the City will provide low cost residential lots in the Program Area in tax
foreclosure city receivership. If a builder obtains properties through other traditional means
within the Program Area, other incentives within this policy may apply.
2. The City will offer a five (5) year 100% residential tax abatement of City property taxes.
3. The City will offer reduced rates on building plan review and permit fees.
4. The City will offer reduced rates on labor charges on water and sewer tap fees.
The city staff will work with interested builders to identify parcels from a pool of tax sale lots in
trustee status to develop a list of properties that will be suitable for the construction of new
dwelling units. This may consist of single-family, two-family, medium density, or high density
residences. Prior to any construction occurring from which the builder is seeking incentives, the
builder will enter into an Agreement to be approved by the City Council for the construction of a
minimum of five (5) or more dwelling units on one (1) or more parcels. Each of the dwelling units
subject to the Agreement must be constructed under the terms of the agreement within five (5)
years from the date of the Agreement, unless such deadline is extended by subsequent approval of
the City Council. All parcels under the Agreement must be built upon within five (5) years to
satisfy the terms of the Agreement. Failure to achieve this goal will result in certain claw backs as
provided in the Agreement. All applications shall be considered on a first come, first serve basis.
There will be no income guidelines under this program for occupants of the dwelling units, whether
owner or renter occupied. In the event the applicant constructs a new dwelling unit and sells said
unit, the tax abatement shall lapse and be terminated as to that parcel unless the City Council
approves an assignment of the tax abatement agreement to the new owner.
Page 1 of 7
In order to further encourage local development, employment and enhancement of our economy,
to be eligible for incentives in this policy, building materials and fixtures used in the construction
of new dwelling units, where possible, must be purchased locally within the City of Paris.
II. DEFINITION OF TERMS
Act - The Property Redevelopment and Tax Abatement Act, Texas Tax Code Ann. 312.001 er
seq., as amended from time to time.
Agreement - A contractual agreement between an applicant and the City of Paris for the purposes
of a 5 In 5 Housing In -Fill Development Program to include an economic development agreement
pursuant to Chapter 380 of the Texas Local Government Code and a residential tax abatement
agreement pursuant to the Act.
Applicant - An owner, proposed owner, builder or authorized agent of the owner of eligible
property seeking an agreement under this policy.
Base Year Value — The assessed value of eligible property on January 1, preceding the date of
execution.
Eligible Property - Property located in the defined Program Area, whether foreclosed on due to
taxes or not. Also, property located outside the Program Area if foreclosed on due to taxes.
New Structure - Residential improvements made to a property previously undeveloped or a vacant
parcel which is placed into use by means other than by expansion or modernization without full
demolition of an existing substandard or condemned structure.
Program Area - An area depicted in "Exhibit B" of the approved resolution for the 5 In 5 Housing
In -Fill Development Program, which area is wholly within the boundaries of Reinvestment Zone
2020-1 for the purpose of residential tax abatements.
Residential Improvements - The construction of new residential structures and all the
appurtenances thereto. This term includes single family, duplexes and multi -family structures.
Value of Improvements —The appraised value of the Residential Improvements as determined
by the Lamar County Appraisal District and as described in the Agreement.
M. ELIGIBILITY AND GUIDELINES
Real property is determined eligible under this policy as provided in the Definitions. If property
is eligible, an Applicant may apply for an Agreement to receive incentives provided for in this
policy. For tax foreclosed properties, all taxing jurisdictions shall be required to sign off on the
low cost land sale according to the provisions of State Law prior to transfer of the property to the
applicant.
Page 2 of 7
Minimum Investment — To be eligible for residential tax abatement, an Applicant must construct
a new structure or structures on the property parcel(s) identified in an Agreement between the
applicant and the City.
Incentives
Low Cost Sale of Foreclosed Pro jcrties — As part of their agreement, an applicant may choose to
purchase eligible properties that are in a state of tax foreclosure. These properties are strictly first
come, first serve and the City makes no warranty on having available properties for this incentive.
The City will work with the Lamar County, Paris Independent School District, and Paris Junior
College to seek a low cost sale of the foreclosed property, but the City can only guarantee a low
cost of its share.
Tax Abatement - An Applicant who has satisfied all the criteria and guidelines for the low cost
property sale and residential tax abatement as set out herein, will be eligible for a 100% five (5)
year tax abatement on each parcel on which a dwelling unit or units are constructed and completed.
The abatement will become effective on January 1' of the year following issuance of a Certificate
of Completion following final construction inspection. As provided in the Act, a tax abatement
may only be granted for the value of the Residential Improvements which exceed the base year
value of the property and which are listed in an Agreement between the City of Paris and the
applicant, subject to such limitations as the City of Paris may require. The base value will be set
as of January I' ofthe year in which the Agreement is executed. Upon completion of construction,
the Applicant shall provide a copy of all material and fixture purchase invoices to prove that those
materials and fixtures were purchased locally within the City of Paris when possible. The tax
abatement is available only for improvements made after the execution of the Agreement.
The Agreement may not be approved by the City Council until at least thirty (30) days after
notice of the consideration and possible action on the Agreement has been posted.
Reduced Fees for Building Plan Review and, Pwermittinng — The Applicant will be entitled to reduced
rates for building plan review and permit fees on a cumulative basis for all new dwelling units
under agreement with the City according to the following schedule:
Total Dwelling Units Plan Review Fee Discount Building Permit Fee Discount
5-9 100% 50%
10-19 100% 75%
20+ 100% 100%
Reduced Fees for Water and SewerTanLabor — The Applicant will be entitled to reduced rates
for water and sewer tap labor fees, where required by the Public Works Department, on a
cumulative basis for all new dwelling units under agreement with the City according to the
following schedule:
Page 3 of 7
Total Dwelling Units Water Tap Labor Fees Discount Sewer Tap Labor Fees
Discount
5-9 50% 50%
10-19 75% 75%
20+ 100% 100%
Claw Back Provision — The Applicant who enters into an Agreement with the City of Paris shall
construct at least five (5) or more new housing dwelling units on one (1) or more parcels within
five (5) years from the effective date of the Agreement, or the City shall have the right to
automatically take back any undeveloped parcel under the terms of the agreement and transfer of
the property by all taxing entities. This shall be recorded with or as a part of the deed as a right of
reversion for all uncompleted construction lots deeded under this agreement against the property.
The Applicant may request approval of an extension for such failure to construct a new residential
dwelling unit(s), based upon reasonable circumstances, as may be approved by the City Council
under a subsequent revised agreement. Parcels under the agreement cannot be sold or assigned to
another individual except by prior approval and re -assignment of the parcel(s) and approval of a
new agreement by the City Council. Failure to meet the requirements of construction the minimum
of five (5) dwellings within the five (5) year period will result in a reversion of the all parcels
upon which Residential Improvements have not been constructed and completed to the City and
will result in the Applicant's being ineligible to participate in this program in the future.
As a finther claw back provision, and in accordance with Texas Tax Code Sec. 312.205, the
Agreement shall provide for recapturing property tax revenue lost as a result of the agreement if
the owner of the property fails to make all the Residential Improvements as provided in the
Agreement regardless of how many dwelling units applicant builds.
o ilEhanee with other City Reguirements
— The Applicant shall be fully responsible for
compliance with all zoning, subdivision platting, and building code requirements as may
specifically pertain to the subject parcel(s) under the approved Agreement. The applicant shall be
My responsible for all such costs which may include, but not be limited to: Zoning Changes,
Special Use Permits, Variances, Platting and Surveying Costs, Plan Preparation, and Building
Permit Fees.
IV. APPLICATION PROCEDURES
Applications for an Agreement with the City shall be reviewed for completeness. City Staff shall
determine whether the application satisfies guidelines and criteria and Staff may request additional
information or documents from Applicant. City Staff will make final recommendations on each
application to the City Council. Any Applicant desiring approval of an Agreement shall comply
with the following procedural guidelines. All applications shall be evaluated on their own merits
within the parameters of these Guidelines and Criteria.
L Preliminary Application Steps
A. Applicant shall work with City Staffto identify eligible tax foreclosure City Trustee
Page 4 of 7
or other parcels within the defined geographic area. City Staff will provide a list
and corresponding map from which tax foreclosure City receivership parcels may
be reviewed. The Applicant may submit an application for this program
concurrently with an application for a building permit(s). If the Applicant for the
building permit is not the owner of the real estate and does not make application
for an agreement on behalf of the owner of the real estate and does not make
application for an Agreement on behalf of the owner, the City Staff shall notify the
owner (according to the most current records of the Lamar County Appraisal
District) by certified mail, return receipt requested, that the application must be
signed and filed with the City within ten (10) business days of receipt of the
affidavit of ownership notice.
B. A pre -approval letter must be attached to the application from Applicant's
financial institution stating that the Applicant will have financial capital available
to compete all new dwelling unit construction under the five (5) year Agreement
with the City. Verification of such financial capability may be reviewed over the
course of the Agreement.
C. If the building permit applicant does not apply for an Agreement prior the time the
building permit is issued, or if the owner fails to respond to the written notice
availability of the Agreement, this policy shall be considered waived by the
applicant and/or owner. City Staff shall make a record to reflect owner's election
not to participate in the Program or to document that owner did not respond to
City's notice of opportunity to participate in the program. The refusal or waiver to
participate in the program by the building permit applicant or owner shall be
binding on subsequent owners of the real property.
D. A complete legal description shall be provided with a copy of the current deed of
the land, unless the parcel(s) are being transferred by tax resale deed by the City
of Paris.
E. Applicant shall complete all forms and information detailed above and submit all
forms to the City of Paris Director of Planning and Community Development.
2. All information in the application package detailed above will be reviewed for
completeness and accuracy. Additional information may be requested as needed. If
necessary, Applicant will meet with City Staff to discuss details of the application and to
prepare presentation of the application to the City Council.
3. The application shall designate whether the dwellings(s) to be constructed are to be retained
for ownership, or sold to another owner upon completion of construction. Applicant shall
also provide an estimate of the value of improvements as required for building permit
application.
4, If an application for the 5 In 5 Housing In -Fill Development Agreement is to be
recommended for approval by staff, then an Agreement as defined herein with the City of
Paris as prepared by the City Attorney for approval by the City Council.
Page 5 of 7
5. If the Applicant's property is not found to be eligible, the application will be rejected and
returned to Applicant.
6. The City Council reserves the right to amend these policies and guidelines as needed.
V. LEGAL DOCUMENTATION PREPARATION
The Director of Planning and Community Development and the City Attorney will be responsible
for drafting the required Agreement in accordance with state law and this Policy.
The legal document will include the following:
1. Estimated value of new structure or residential improvements to be constructed.
2. Total amount of value to be abated over five (5) years.
3. Effective date and the termination date of abatement.
4. Description of the Residential Improvements, schedule of completion, property
description, all required City approval requirements and a platted lot site plan or sketch of
the parcel(s) to be platted and developed.
5. Applicant agrees to make the new structure or residential improvements available for
inspection by City of Paris, or its authorized representatives, and Lamar County Appraisal
District (LCAD) during construction and upon completion of the project.
6. Contractual obligations in the event of default, violation of terms or conditions, delinquent
taxes, recapture and administration.
7. A signed and notarized statement as an attachment to the application agreeing to construct
five (5) dwelling units on one (1) or more parcels within five (5) years from the date of
City Council approval of an Agreement, unless extended by the City Council, or consenting
to allow the City to automatically take back the parcel(s) under the initial terms of an
approved agreement.
Page 6 of 7
CITY OF PARIS, TEXAS
APPLICATION FOR RESIDENTIAL TAX ABATEMENT
Property Owner:
Name Current:
Mailing Address:
Name Planned:
Telephone Number:................................................................................._.w_._..�� a..� email:....��.._.
Builder or Contact (if different than current/planned owner):
Name:
Mailing Address:
Telephone Number:
email
State GC License No:
Property Parcel(s) For Low Cost Land Sale and Tax Abatement:
(Please submit an attached list of addresses and/or LOAD Ws on Excel Spreadsheet, if possible)
Street Addresses:
LCAD Ws
Summary Legal Description Lot: _ Block: Addition:
Full Legal Description: Include as an attachment a full legal description with metes and bounds
and a copy of the deed, if available.
Improvements:
Type improvements for new Construction: SF 2F MF No. of Dwelling Units:
Estimated Value of Improvements by type:
Please attach a lending institution pre -loan approval letter. Attached: Yes No
Estimated Start Date of Construction:
Estimated Date of Completion of Project(s)
Description of Project (attach site plan, floor plan, etc.:
Applicant(s) Signature:
Page 7 of 7
Date:
Date:
Item No. 18
TO: Mayor, Mayor Pro -Tem & City Council
FROM: Grayson Path, City Manager
Rob Vine, Assistant City Manager
Michael Smith, Public Works Director
Edwayne Samis, Solid Waste Superintendent
SUBJECT: CITY SOLID WASTE COLLECTION
ADJUSTMENT TO OPERATION
AMENDMENT TO ORDINANCE
DATE: June 27, 2022
BACKGROUND:
At the May 23, 2022 City Council meeting, the City Council authorized amendments to the Code
of Ordinances, transitioning the City Sanitation from twice a week pickup to once a week pickup.
The reasons for this change are thoroughly discussed in that item's agenda memo. In those
changes, the ordinance authorized up to 12 bags of trash per pickup (thus per week).
On June 13, 2022, it came to the City Manager's attention that we inadvertently and unintentionally
failed to take in to account the fact that under the old ordinance, each residence had been able to
set out an additional 6 bags of trash on bulk pickup days in lieu of a bulk item. This therefore
allowed residents to set out 18 bags of trash instead of just 12 bags. While the code was written
to be 12 bags + bulk or 12 bags + 6 additional bags, given we have shifted bulk pickup to requiring
coordination with the Sanitation Department, this effectively could in turn allow residents to place
up to 18 bags of trash out on their pickup day now that we have shifted to a once per week pickup.
Looking historically, it appears the intent of the previous code was six additional bags of brush
and not trash, however the code could be read and interpreted as either brush or trash. Either way,
amending our code to make it 18 bags (which can be trash and/or brush) addresses this.
STATUS OF ISSUE:
On June 13, 2022, the City Manager administratively authorized collection of up to 18 bags per
pickup day in anticipation that an amendment would come before the City Council on June 27,
2022 to officially adopt this change in to the city code. After speaking with Mayor Portugal and
Mayor Pro Tem Hughes, it was concluded that administratively authorizing this two weeks in
advance would not be an issue. This was therefore announced via social media.
To accomplish the requested change, we recommend amending Section 12.04.006(d) as follows:
"(d) Not more than a total of twelve eighteen (18) trash bags or bundles of brush will
be collected per residential unit by the city sanitation department on each day of collection.
The weight limit for bags or brush bundles should not exceed fifty (50) pounds per bag or
bundle."
BUDGET:
N/A
OPTIONS:
1. Approve an ordinance amending Section 12.04.006(d) as above stated.
2. Maintain a limit of 12 trash bags per pickup.
3. Request additional edits and/or information.
RECOMMENDATION:
1. Approve an ordinance amending Section 12.04.006(d) as above stated.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 12, "UTILITIES," ARTICLE 12.04, "SOLID WASTE,"
OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; MAKING
SECTION 12.04.006, "PLACEMENT OF CONTAINERS, BAGS AND BUNDLES
FOR RESIDENTIAL COLLECTION," TO ALLOW FOR EIGHTEEN (18) BAGS
PER RESIDENCE PER WEEK RESIDENTIAL SOLID WASTE COLLECTION;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, AND A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council has previously adopted Chapter 12, "Utilities," Article
12.04, "Solid Waste," Section 12.04.006, "Placement of Containers, Bags and Bundles for
Residential Collection," to the Code of Ordinances relating to residential trash collection; and
WHEREAS, for many years, the Department of Sanitation (the "Department") has
conducted twice weekly solid waste pickup for its residential customers; and
WHEREAS, labor market issues have contributed to a critical staffing shortage in the
Department; and
WHEREAS, due to such staffing shortage, it is necessary for the City to move to a one
day per week collection schedule, with bulk pickup to be done on Fridays; and
WHEREAS, Section 12.04.007, "Establishment of Collection Schedule and Other
Regulations," vests authority in the City Manager to establish rules and regulations for the
collection of residential waste, including but not limited to, designation of collection routes,
collection days, holidays, bulk collection days, or other similar rules;
WHEREAS, on May 23, 2022, the City Council enacted Ordinance 2022-033 amending
Section 12.04.006 to allow for one day per week residential solid waste collection and
allowing for placement of twelve (12) bags per week per residence; and
WHEREAS, the City Council desires to increase the twelve (12) bags to eighteen (18)
bags per week per residence;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Chapter 12, "Utilities," Article 12.04, "Solid Waste," Section
12.04.006, "Placement of Containers, Bags and Bundles for Residential Collection,"
Subsection (d) of the Code of Ordinances of the City of Paris shall be amended to read as
follows:
"(d) Not more than a total of twelve (12) e hteen.. 18), trash bags or bundles of brush
will be collected per residential unit by the city sanitation department on each day of
collection. The weight limit for bags or brush bundles should not exceed fifty (50)
pounds per bag or bundle."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any of the provisions of this ordinance shall
be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the
provisions of Section 1.01.009 of the City of Paris Code of Ordinances, and each and every
day's continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 7. That this ordinance shall become effective upon publication as
required by law.
PASSED AND ADOPTED this 27th day of June, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 19
Memorandum
TO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: Robert G. Vine, Assistant City Manager
Stephanie H. Harris
SUBJECT: Smoking Ordinance Amendment
DATE: June 27, 2022
BACKGROUND:
NOTE: This is an updated memorandum from the June 13th memorandum on the same subject.
E -cigarettes and "vaping" have become very popular, especially with young adults and the youth,
as an alternative to traditional tobacco cigarettes. Some e -cigarettes contain nicotine and some do
not.
Current city ordinances do not regulate the use of e -cigarettes.
In addition, you may recall a discussion sometime back regarding instituting a variance process by
which a business such as Turner Pipe could apply for a variance to the prohibition against smoking
in semi -enclosed areas such as Turner Pipe's welding bay that have retractable walls or large
garage doors. The impetus for this change was employees of Turner; when Turner drastically
reduced its workforce, the matter was placed on the back burner.
STATUS OF ISSUE:
According to the U.S. Centers for Disease Control (CDC), most e -cigarettes contain nicotine, a
known neurotoxin considered one of the most highly addictive substances available for public
consumption, which can harm the developing adolescent brain (which keeps developing until
about the age of 25), including long-lasting changes in brain regions involved in addiction,
attention, learning, and memory.
While users inhale e -cigarette aerosol into their lungs, bystanders can also breathe in this aerosol
when the user exhales it into the air.
The FDA has also raised concerns about the epidemic levels of youth use of e -cigarettes, which
may lead to the use of conventional tobacco products like combustible cigarettes and has issued a
policy prioritizing enforcement against certain unauthorized flavored e -cigarette products that
appeal to children.
With respect to the variance procedure, the city attorney has drafted the procedure set out in the
included proposed ordinance. It provides for a definition of "semi -enclosed area;" for an
application; for a public hearing; and for a variance duration of three years, with renewal variances
available. As directed by Council, the application is to be made by the business owner. Prior to the
public hearing, an applicant must post a notice in the affected semi -enclosed area so that all
employees will have notice in case they wish to speak on the issue. Application will be made
through the Department of Planning and Community Development but authority to grant the
variance lies with Council.. There is no appeal from the Council's decision.
Update: At its meeting on June 13th, Council directed two changes to the draft ordinance:
1. That the application include a petition signed by the majority of employees to be affected
by the proposed variance; and
2. That the application be signed by the plant or business manager and the business' human
resources director.
Both changes have been made in the attached ordinance. The changes have been underlined for
your convenience.
BUDGET: We anticipate a companion ordinance amending Appendix A to the Code of
Ordinances at the next meeting setting out an application fee for the variance application. Any
such fee would have little to no impact on the budget.
RECOMMENDATION:
It is the recommendation of staff that the City Council adopts the Amendment to the Smoking
Ordinance (Article 7.03) to prohibit the use of e -cigarettes in public areas and to provide a variance
procedure for smoking in semi -enclosed areas as presented.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PARIS, TEXAS AMENDING CHAPTER 7,
ARTICLE 7.03, "SMOKING," TO PROHIBIT THE USE OF ELECTRONIC
CIGARETTES IN PUBLIC PLACES AND TO PROVIDE FOR A VARIANCE
PROCEDURE FOR SEMI -ENCLOSED AREAS OF PLACES OF EMPLOYMENT;
MAKING OTHER FINDINGS RELATED TO THE SAME; PROVIDING A
REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 24, 2014, the City Council of the City of Paris, Texas approved
Ordinance 2014-003 amending the Code of Ordinances to prohibit smoking in public places;
and
WHEREAS, according to the U.S. Centers for Disease Control (CDC), most e -cigarettes
contain nicotine, a known neurotoxin considered one of the most highly addictive substances
available for public consumption, which can harm the developing adolescent brain (which
keeps developing until about the age of 25), including long-lasting changes in brain regions
involved in addiction, attention, learning, and memory; and
WHEREAS, while users inhale e -cigarette aerosol into their lungs, bystanders can
also breathe in this aerosol when the user exhales it into the air; and
WHEREAS, the FDA has also raised concerns about the epidemic levels of youth use
of e -cigarettes, which may lead to the use of conventional tobacco products like combustible
cigarettes and has issued a policy prioritizing enforcement against certain unauthorized
flavored e -cigarette products that appeal to children and youth; and
WHEREAS, there have been numerous scientific studies regarding the detrimental
effects of e -cigarettes to public health; and
WHEREAS, the City Council believes that it is in the best interest of the citizens of the
City to prohibit the use of electronic cigarettes in public places; and
WHEREAS, the businesses have requested that the city allow smoking in areas of
places of employment such as welding bays and other spaces that are only partially enclosed;
and
WHEREAS, City Council finds that a balance between the interests of public health
and businesses with such semi -enclosed areas can be best achieved through a variance
procedure for Sec. 7.03.004, "Prohibition in enclosed places of employment:"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Page 1 of 6
Section 1. The facts and recitations set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. That Section 7.03.001, "Definitions" of Chapter 7, Article 7.03,
"Smoking" of the Paris Code of Ordinances is hereby amended to add the following
definitions, to be inserted in their appropriate alphabetical order:
"Electronic cigarette means or refers to an electronic device, including a device that
may be recharged and the components of the device, that converts liquid nicotine
into a gas or vapor intended to be inhaled or otherwise orally used by a person
and is generally described as a device composed of a mouthpiece, a heating
element or atomizer, a battery, and electronic circuits that produce gas or vapor
derived from liquid nicotine and other substances which has the effect of
simulating smoking. The term includes such devices, regardless of the details of
the appearance or marketed name, generally manufactured to resemble cigarettes,
cigars, pipes, or other smoking devices. Electronic cigarettes are also variously
known as "e -cigarettes," "e-cigs," "electronic vapors," "e -vapors," "vaping," and
other similar names."
"Liquid nicotine means any liquid product composed of nicotine, either in whole or
in part, propylene glycol, or similar substances and manufactured for use in an e -
cigarette."
"Semi -enclosed area means an enclosed area in which at least one (1) wall is a
retractable divider, garage door, or other physical barrier, whether temporary or
permanent, and in which the retractable divider, garage door, or other physical
barrier is open to the outside air thus allowing ventilation into the area. The term
does not include an enclosed area with open windows."
Section 3. That Chapter 7.03, Section 7.03.002, "Prohibition in city -owned
buildings and facilities," shall be amended to read:
"Smoking and the use of electronic cigarettes .Mwith mmmor without liquid nicotine i -s are
prohibited inside all city buildings and facilities, and in all areas located within thirty
(30) feet of any entrance to the building or facility, operable windows, air intake ducts
or ventilation systems."
Section 4. That the first sentence of Chapter 7.03, Section 7.03.003, "Prohibition
in enclosed public places," shall be amended to read:
"Smoking and the use .of_electronicciarettes..with or without li,luid nicotine shall be
prohibited in all enclosed public places within the city, including but not limited to
the following places:"
The remainder of said Section 7.03.003 shall remain the same.
Page 2 of 6
Section 5. That Chapter 7.03 of the Code of Ordinances shall be amended by
adding a new Section 7.03.004.1, "Variance procedure for semi -enclosed places of
employment," to read as follows:
"Sec. 7.03.004.1 Variance procedure for semi -enclosed areas in places of
employment
"(a) This section applies only to semi -enclosed areas in places of employment as
defined herein.
"(b) An owner of a business may seek a variance from the prohibition set forth in
Sec. 7.03.004 for semi -enclosed areas on its premises. To seek such a variance,
the owner shall submit an application to the Department of Planning and
Community Development. Said application must contain the following
information:
"(1) The name, address, telephone number, contact person, and ownership
information for the business.
"(2) The square footage of the semi -enclosed area for which the variance is
sought.
"(3) The general nature of the business and the activities to be conducted in
the semi -enclosed area.
"(4) The approximate square footage of the semi -enclosed area or areas for
which the variance is sought.
"(5) The approximate square footage of the proposed open area or areas in
relation to the enclosed portion of the area or areas.
"(6) The number of employees to be working in the semi -enclosed area or
areas for which the variance is sought. The application shall state the
number of employees in each separate semi -enclosed area separately.
"(7) Whether members of the public generally have access to the semi -
enclosed area.
"(8) The number of retractable dividers, garage doors, or other moveable
physical barriers in the semi -enclosed area which when open allow
ventilation of outside air.
"(9) Photographs of the semi -enclosed area with the barriers open and with
the barriers closed.
Page 3 of 6
"'10 A :)etition rec uestin l the variance signed by the majority of the
number of employees disclosed under subsection (bj (6) for each semi -
enclosed area for which a variance is souht.
"(11) The application must be signed b the dant or business mana,.ger and
the human resources director of business. If the mana _er and the
human resources director are the same l)erson, that shall be noted on
the alaplication.
"The city may reject an application for incompleteness. The city council will,
not consider an incomplete,,,al plication.
"(c) A variance under this section may be granted by the city council at its
discretion after a public hearing on the application for which notice has been
published in the city's newspaper of record and at which testimony both for
and against the variance will be taken. The city council may consider the
following factors among others in determining whether to grant a variance:
"(1) The number of employees potentially affected by the variance.
"(2) The number of retractable walls or barriers which will be left open
during times at which smoking will be allowed.
"(3) The ratio of wall area to be open to the air to the walls that will remain
enclosing the space.
"(4) Whether members of the public generally have access to the semi -
enclosed area.
"(5) Testimony for and against the variance.
"(6) The approximate square footage of the semi -enclosed area the subject
of the proposed variance.
"(7) Any matters contained in the application.
"(d) Prior to the public hearing on the proposed variance, the applicant shall post
the following notice in a conspicuous place in the semi -enclosed area the
subject of said variance:
"ATTENTION: [Name of business] has filed an application with the City
Council of the City of Paris, Texas for a variance of the prohibition
against smoking and the use of electronic cigarettes for the following
semi -enclosed area: [Describe semi -enclosed area]. The City Council
will hold a public hearing on the proposed variance at 5:30 p.m. on
Monday, [date] in the City Council Chambers at 107 E. Kaufman St. at
Page 4 of 6
which you may speak for or against the variance. If granted, the
variance will allow smoking and the use of electronic cigarettes in the
specified semi -enclosed area.
"Said notice shall be in a typeface and type size that are easily readable and
shall be posted so as to give reasonable notice to employees of the public
hearing.
"(e) A variance granted under this section shall be effective for a period of three
(3) years and after it is granted by the city council, and the business may apply
for renewal variances of three (3) years thereafter.
"(f) Upon denial of a variance under this section, a business may not reapply for a
variance for a period of one (1) year from the date of denial.
"(g) It shall be unlawful to smoke or use an electronic cigarette, or to allow smoking
or the use of an e -cigarette in a semi -enclosed area in the absence of a variance
granted under this section, or to smoke or use an electronic cigarette, or to
allow smoking or the use of an e -cigarette in a semi -enclosed area in which at
least one wall is open to the outside air.
"(h) The decision of the city council on an application for variance under this
section is final and is not appealable."
Section 6. That the first sentence of Chapter 7.03, Section 7.03.006, "Prohibition in
outdoor public places," shall be amended to read:
"Smoking and the use of electronic cigarettesmwith or without liquid nicotine shall be
prohibited in the following outdoor places:"
The remainder of said Section 7.03.003 shall remain the same.
Section 7. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris, Texas not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 8. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 9. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
Page 5 of 6
every day's continuance of any violation of the above -enumerated sections shall constitute
and be deemed a separate offense.
Section 10. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 11. That this ordinance shall become effective from and after its passage
and publication as required by law.
PASSED AND ADOPTED this 27th day of June, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Page 6 of 6
Item No. 20
TO: Mayor, Mayor Pro Tem, and City Council
Grayson Path, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Economic Development Agreement with Emerald Hospitality, LLC Home2 Suites by
Hilton Development
DATE: June 27, 2022
BACKGROUND: On February 28, 2022, City Council passed Resolution No. 2022-014 adopting
a Chapter 380 Retail Economic Development Program (the "Program"). Emerald Hospitality, LLC
has made application for incentives under the Program in connection with its construction of a
Home2 Suites by Hilton hotel with event space on property located at 3143 NE Loop 286 in the
city.
NOTE: Emerald Hospitality is owned by Council Member Pankaj. He has filed a conflict of
interest affidavit and will recuse himself from discussion and voting on this item.
STATUS OF ISSUE: The project qualifies for incentives under the program. The attached
proposed economic development agreement provides the following incentives:
Five Annual Property Tax Grants in an amount equal to 100% of the city's M & O property
tax assessed in the incremental taxable value attributable to the project. The grants cover
the years 2024, 2025, 2026, 2027, and 2028.
Three Annual Sales Tax Grants in the amount of 50% of the sales tax receipts in the
applicable grant period. The grants cover the years 2024, 2025, and 2026.
As consideration for these annual grants, Emerald Hospitality will invest $14,750,000.00 in
construction of the project, and shall open the hotel no later than December 31, 2023. It will
maintain the property as a Home2 Suites for the duration of the agreement. Each year for which a
grant is sought, the company will furnish requests for payment on forms provided by the city and
attached to the agreement as Exhibit B. The City will be entitled to ten room nights per year under
the conditions set forth in the agreement as well as five days per year use of the event space.
NOTE: The agreement is virtually identical to the agreement City Council approved on
June 13, 2022 between the city and Paris Hotels, LP for the construction of a Marriott dual
branded hotel on North Main St. save for the addition of language regarding the event space.
The incentives contained herein are the same.
BUDGET: The city will obligate itself to pay three annual sales tax grants and five annual property
tax grants. The grants function essentially as rebates so the city will not have to dip into existing
property tax revenues to pay them. Regarding the sales tax grants, the budget impact is difficult to
determine at this time. Hotels usually generate little in the way of sales taxes, but the company has
plans to include a bar in the development, so that will impact sales tax revenues in a way yet to be
determined. Of course, while hotel occupancy taxes are not strictly speaking a budgetary item
given the city's contract with the Lamar County Chamber of Commerce to manage such taxes, the
project, once open, should be a welcome new generator of HOT.
RECOMMENDATION: Motion to adopt a resolution approving a Chapter 380 economic
development agreement with Emerald Hospitality, LLC related to the development and
construction of a Home 2 Suites and hotel and event space and authorizing 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 AN ECONOMIC DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF PARIS, TEXAS AND
EMERALD HOSPITALITY, LLC; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, Emerald Hospitality, LLC, ("Company") is the owner of certain
undeveloped real property ("Property") in the City upon which the Company wishes to
construct a hotel with event space, comprising a Home 2 Suites by Hilton (the "Project" or
the "Hotel"); and,
WHEREAS, the City wishes to incentivize the construction of said hotel development;
and
WHEREAS, the Company has advised the City that an agreement with the City to
provide economic incentives to the Company as set forth herein would be a contributing
factor that would assist the Company to develop the property; and
WHEREAS, the Company has committed to cause a capital investment of a minimum
of fourteen million seven hundred and fifty thousand dollars ($14,750,000.00) to construct
said hotel; and
WHEREAS, the City has adopted programs for promoting economic development and
this Agreement and the economic development incentives set forth herein are given and
provided by the City pursuant and in accordance with those programs; and
WHEREAS, the City is authorized by Article 52-a of the Texas Constitution and
Chapter 380 of the Texas Local Government Code to provide economic development
incentives to promote local economic development and to stimulate business and
commercial activity in the City; and
WHEREAS, the City has determined that making economic development grants in
accordance with this Agreement is in accordance with the City's economic development
program and will: (i) further the objectives of the City; (ii) benefit the City and the City's
inhabitants; and (iii) promote local economic development and stimulate business and
commercial activity 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 terms of the Economic Development Agreement and the
property the subject thereof meet the City's Chapter 380 Retail Economic Development
Program adopted by the City of Paris by Resolution No. 2022-014 and will lead to the
economic development of the Program Area described in said Resolution No. 2022-014.
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 City Manager 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 economic
development agreement 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.
PASSED AND APPROVED this 27th day of June, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
ECONOMIC DEVELOPMENT AGREEMENT
Home 2 Suites by Hilton
This Economic Development Agreement ("Agreement") is made by and between
the City of Paris, Texas ("City"), a Texas home rule municipal corporation, and Emerald
Hospitality, LLC, a Texas limited liability company ("Company'), acting by and through
their respective authorized officers.
WITNESSETH:
WHEREAS, the Company is the owner of certain undeveloped real property
("Property") in the City, upon which Company wishes to construct a hotel with event
space, comprising a Home 2 Suites by Hilton (the "Project" or the "Hotel"); and
WHEREAS, the City wishes to incentivize the construction of said Hotel
development; and
WHEREAS, the Company has advised the City that an agreement with the City to
provide economic incentives to the Company as set forth herein would be a contributing
factor that would assist the Company to develop the property; and
WHEREAS, the Company has committed to cause a capital investment of
FOURTEEN MILLION SEVEN HUNDRED AND FIFTY THOUSAND AND NO/100
DOLLARS ($14,750,000.00) to construct said Hotel; and
WHEREAS, the City has adopted programs for promoting economic development
and this Agreement and the economic development incentives set forth herein are given
and provided by the City pursuant and in accordance with those programs; and
WHEREAS, the City is authorized by Article 52-a of the Texas Constitution and
Chapter 380 of the Texas Local Government Code to provide economic development
incentives to promote local economic development and to stimulate business and
commercial activity in the City; and
WHEREAS, the City has determined that making economic development grants in
accordance with this Agreement is in accordance with the City's economic development
program and will: (i) further the objectives of the City; (ii) benefit the City and the City's
inhabitants; and (iii) promote local economic development and stimulate business and
commercial activity in the city;
NOW, THEREFORE, in consideration of the foregoing, and on the terms and
conditions hereinafter set forth, and other valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
Article I—Term
This Agreement shall be effective on the last date of execution hereof ("Effective
Date") and shall continue until the Expiration Date, unless sooner terminated as provided
herein.
Article II—Definitions
"Annual Grants" or "Grants" may refer to Annual Property Tax Grants or Annual
Sales Tax Grants or to both collectively.
"Annual Property Tax Grants" shall mean five (5) annual grants each in an amount
equal to one hundred percent (100%) of the City's maintenance and operations property
taxes assessed on the incremental taxable value of the Property attributable to the Project
over and above the Base Value in the calendar years 2024, 2025, 2026, 2027, and 2028.
"Annual Sales Tax Grants" shall mean three (3) annual grants each in the amount
equal to fifty percent (50%) of the Sales Tax Receipts for each applicable Grant Period,
to be paid to the Company as set forth herein. The amount of each Annual Sales Tax
Grant shall be computed by multiplying the Sales Tax Receipts received by the City by
50% for the given Grant Period, less an administrative fee charged to the City by the State
of Texas. Annual Sales Tax Grants will be paid for the calendar years 2024, 2025, and
2026.
"Bankruptcy or Insolvency" shall mean the dissolution or termination of a party's
existence as a going business, insolvency, appointment of a receiver for any part of such
party's property and such appointment is not terminated within ninety (90) days after such
appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against
such party and such proceeding is not dismissed within ninety (90) days after the filing
thereof.
"Base Value" shall mean the value of the Property as determined by the Lamar
County Appraisal District on January 1, 2022.
"City" shall mean the City of Paris, Texas.
"Company' shall mean Emerald Hospitality, LLC, a Texas limited liability
corporation.
"Consummated" shall have the same meaning assigned by Texas Tax Code,
Section 321.203 or its successor..
"Expiration Date" shall mean June 1, 2029.
"Event Space" shall mean the convention and event space comprising a portion of
the Hotel premises.
"Force Majeure" shall mean any contingency or cause beyond the reasonable
control of a party including, without limitation, acts of God or the public enemy, war, riot,
civil commotion, insurrection, government or de facto government action, fires, explosions
or floods, strikes, slowdowns, or work stoppages (unless caused by the intentionally
wrongful acts or omissions of the party).
"Grant Period" shall mean a full calendar year. The first Grant Period shall
commence on January 1, 2024 through and including December 31, 2024. Additional
Grant Periods for the Annual Property Tax Grants will be the calendar years 2025, 2026,
2027, and 2028. Additional Grant Periods for the Annual Sales Tax Grants will be the
calendar years 2025 and 2026.
"Impositions" shall mean all taxes, assessments, use and occupancy taxes,
excises, license and permit fees, and other charges, by public or governmental authority,
general and special, ordinary and extraordinary, foreseen and unforeseen, which are or
may be assessed, charged, levied, or imposed by any public or government authority on
the Company or any property or any business owned by Company within the City.
"Improvements" shall mean the construction, equipping, and furnishing of a Home
2 Suites by Hilton hotel and event space.
"Payment Request" as it relates to an Annual Sales Tax Grant shall mean a written
request from Company to the City for payment of the applicable Annual Sales Tax Grant
for the applicable Grant Period. "Payment Request" as it relates to an Annual Property
Tax Grant shall mean a written request from the Company for the City to remit the Annual
Property Tax Grantfor the applicable Grant Period. The Payment Requests for the Annual
Grants may be made concurrently and in the same document.
"Property" shall mean the 4.599 acre tract described as City of Paris, Block 318,
Lot Part of 7, located at 3143 Northeast Loop 286, Paris, Texas, LCAD #18785 and more
fully described in Exhibit A, attached hereto and incorporated herein by reference.
"Required Capital Investment' shall mean a capital investment of $14,750,000.00
to include construction costs and the cost of tangible personal property to furnish and
equip the Hotel.
"Required Use" shall mean the Company's continuous use and occupancy of the
Property as a Home 2 Suites Hotel by Hilton and event space.
"Sales and Use Tax" shall mean the one and one quarter percent (1.25%) sales
and use tax imposed by the City pursuant to Chapter 321, Texas Tax Code, on the sale
of Taxable Items by the Retailers Consummated in the City at the Leased Premises. Sales
and Use Tax shall not include the quarter percent (.25%) economic development sales
tax collected by City pursuant to Chapter 504 of the Texas Local Government Code.
"Sales Tax Receipts" shall mean the City's receipts from the State of Texas from
the Hotel's collection of the Sales and Use Tax (it being expressly understood that the
City's one and one quarter percent (1.25%) sales and use tax receipts are being used
only as a measurement for its participation through the use of general funds), as a result
of sale of Taxable Items by Retailers for the applicable Grant Period consummated at the
Hotel premises. Sales Tax Receipts shall not include any receipts generated by the
quarter percent (.25%) economic development sales tax collected by City pursuant to
Chapter 504 of the Texas Local Government Code.
"State of Texas" shall mean the Office of the Texas Comptroller, or its successor.
"Taxable Items" shall mean both "taxable items" and "taxable services" as those
terms are defined by Chapter 151, Texas Tax Code, as amended.
Article III—Economic Development Grants
3.1 Annual Property Tax Grants. (a) Subject to the Required Capital
Investment, Required Use, and continued satisfaction of all the terms and conditions of
this Agreement, and the obligation of the Company to repay said Annual Property Tax
Grants pursuant to Article VI hereof, the City agrees to provide five (5) Annual Property
Tax Grants in an amount equal to one hundred percent (100°/x) of the taxes assessed
upon the increased value of the Property over the value of the Property as of January 1,
2022, for the calendar years 2024, 2025, 2026, 2027, and 2028.
(b) Each Annual Property Tax Grant shall be due within thirty (30) days after
receiving a Payment Request from Company for the relevant Grant Period, but in no event
before the first day of April in the years 2025, 2026, 2027, 2028, and 2029.
(c) In consideration for this ad valorem tax -based incentive, the Company
Agrees to make or cause to make the Required Capital Investment, complete the
Improvements, and open for business within eighteen (18) months of the Effective Date
of this Agreement. On or before the expiration of the 18 month period, the Company shall
present the City with an affidavit affirming that it has made or caused to have been made
the required improvements and the total capital amount of said improvements. All
improvements to the Property must conform to the City of Paris' building and fire codes
and the subdivision ordinance as applicable, and the Company must meet all permitting
and platting requirements, as applicable.
(d) Concurrent with the execution of this Agreement, the Company shall
provide to the City a copy of the printout from the Lamar County Appraisal District showing
the value of the Property as of January 1, 2022.
(e) The Company understands that the Required Use of the Property as set
forth herein is a material term hereof, and cessation of use of the Property as a Home 2
Suites Hotel by Hilton with event space will constitute an event of default of this
Agreement.
3.2 Annual Sales Tax Grants. (a) Subject to the Required Use and continued
satisfaction of all the terms and conditions of this Agreement and the obligation of the
Company to repay the Annual Sales Tax Grants pursuant to Article VI hereof, the City
agrees to provide the Company with three (3) Annual Sales Tax Grants, each in an
amount equal to fifty percent (50%) of the Sales Tax Receipts attributable to the Retailers'
sales for the calendar years 2024, 2025, and 2026. Sales Tax Receipts will be determined
by the City using sales tax revenue information derived through the State of Texas as
authorized by Texas Tax Code Sec. 321.3022.
(b) Each Annual Sales Tax Grant shall be due within thirty (30) days after
receiving a Payment Request from Company for the relevant Grant Period, but in no event
before the first day of April of 2025, 2026, and 2027. The Payment Request must include
the Company name and tax identification number under which it will be collecting and
paying Sales Tax Receipts.
(c) Adjustment Notification. The Company shall promptly notify the City in
writing of any adjustments found, determined, or made by the Company, the State of
Texas, or by an audit that results, or will result, in either a refund or reallocation of Sales
Tax Receipts or the payment of Sales and Use Tax or involving amounts reported by the
Company as subject to this Agreement. Such notification shall also include the amount of
any such adjustment in Sales and Use Tax or Sales Tax Receipts. The company shall
notify the City in writing within ninety (90) days after receipt of notice of intent of the State
of Texas to audit the Company, its Affiliates and/or its customers. Such notification shall
also include the period of such audit or investigation.
(d) Adjustments. In the event the Company files an amended sales and use
tax return or report with the State of Texas, or if additional Sales and Use Tax is due and
owing by the Company to the State of Texas, as determined or approved by the State of
Texas, affecting Sales Tax Receipts for a previous Grant Period, then the Annual Sales
Tax Grant payment for the Grant Period immediately following such State of Texas
approved amendment shall be adjusted accordingly (i.e., up or down, depending on the
facts) provided the City has received Sales Tax Receipts attributed to such adjustment.
As a condition precedent to payment of such adjustment, the Company shall provide the
City with a copy of any such amended sales and use tax return or report or notification
from the State of Texas that additional Sales and Use Tax is due and owed by the
Company to the State of Texas, as determined by the State of Texas, affecting Sales Tax
Receipts for a previous Grant Period along with the Payment Request for the next Grant
Period.
(e) Refunds and Under a ments of Grants. In the event the State of Texas
determines that the City erroneously received Sales Tax Receipts, or that the amount of
Sales and Use Tax paid to the Company exceeds (or is less than) the correct amount of
Sales and Use Tax for a previous Grant Period, for which the Company has received an
Annual Sales Tax Grant, the Company shall, within sixty (60) days after receipt of
notification thereof from the City specifying that amount by which such Annual Sales Tax
Grant exceeded the amount to which the Company was entitled pursuant to such State
of Texas determination, adjust (up or down, depending on the facts) the amount claimed
due for the Annual Sales Tax Grant for the Grant Period immediately following such State
of Texas determination. If the Company does not adjust the amount claimed due for the
Annual Sales Tax Grant payment for the Grant Period immediately following such State
of Texas determination, the City may, at its option, adjust the Annual Sales Tax for the
Grant Period immediately following the State of Texas determination. As a condition
precedent to payment of such refund, the City shall provide the Company with a copy of
such determination by the State of Texas. The provisions of this Section shall survive the
termination of this Agreement.
(f) Grant Pa ment Termination Suspension,. This payment of Annual Sales
Tax Grants shall terminate on the effective date of determination by the State of Texas or
other appropriate agency or court of competent jurisdiction that the Hotel is not a place of
business resulting in Sales and Use Taxes being due the City from the sale of Taxable
Items by the Company at the Property. In the event the State of Texas seeks to invalidate
the Hotel as a place of business where Sales and Use Tax was properly remitted to the
State of Texas (the "Comptroller Challenge"), the payment of Annual Sales Tax Grants
by the City hereunder shall be suspended until such Comptroller Challenge is resolved in
whole favorably to the City. In such event, the Company shall not be required to return or
refund Annual Sales Tax Grants previously received from the City provided the Company
is actively defending against and/or contesting the Comptroller Challenge and the
Company promptly informs the City in writing of the Company's actions and with copies
of all documents and information related thereto. In the event the Comptroller Challenge
is not resolved favorably to the City and/or in the event the State of Texas determines
that the Hotel is not a place of business where the Sales and Use Tax was properly
remitted to the State of Texas, and Sales and Use Tax Receipts previously paid or
remitted to the City relating to the Hotel are reversed and required to be repaid to the
State of Texas, then the obligation to pay the Annual Sales Tax Grants shall terminate
and the Company shall refund all Annual Grants received by the Company from the City
that relate to the Comptroller Challenge, which refund shall be paid to the City within forty-
five (45) days of the date that the Comptroller Challenge require the City to repay Sales
and Use Tax Receipts.
Article IV—Limitations on Annual Grants
4.1 Current Revenue. The Annual Property Tax Grants and Annual Sales Tax
Grants made hereunder shall be paid solely from lawfully available funds that have been
appropriated by the City. Under no circumstance shall City's obligations hereunder be
deemed to create any debt within the meaning of any constitutional or statutory provision.
The Grants shall be paid solely from annual appropriations from the general funds of the
City or from such other funds of the City as may be legally set aside for such purpose
consistent with Article III, Section 52(a) of the Texas Constitution. Further, City shall not
be obligated to pay any commercial bank, lender, or similar institution for any loan or
credit agreement made by Company. None of the City's obligations under this Agreement
shall be pledged or otherwise encumbered in favor of any commercial lender and/or
similar financial institution.
4.2 Grant Limitations. Under no circumstances shall the obligations of the
City hereunder be deemed to create any debt within the meaning of any constitutional or
statutory provision; provided, however, City agrees during the term of this Agreement to
make a good faith effort to appropriate funds each year to pay the Grants for the then
ensuing fiscal year. Further, the City shall not be obligated to any commercial bank,
lender, or similar institution for any loan or credit agreement made by the Company. None
of the City's obligations under this Agreement shall be pledged or otherwise encumbered
in favor of any commercial lender and/or similar financial institution.
4.3 Indemnification. The Company agrees to defend, indemnify and hold
the City, its respective officers, agents, and employees (collectively, the "City")
harmless from and against any and all reasonable liabilities, damages, claims,
lawsuits, judgments, attorney fees, costs, expenses, and any cause of action that
directly relates to any of the following: any claims or demands by the State of Texas
that the City has been erroneously or over -paid Sales and Use Tax for any period
during the term of this Agreement as the result of the failure of the Company to
maintain a place of business at the Property or in the City, or as a result of any act
or omission or breach or non-performance by the Company under this Agreement
except that the indemnity provided herein shall not apply to any liability resulting
from the actions or omissions of the City. The provisions of this section are solely
for the benefit of the parties hereto and not intended to create or grant any rights,
The City's obligation to pay the Annual Grants shall be conditioned upon the
compliance and satisfaction by the Companyof the terms and conditions of this
Agreement and each of the conditions set forth in this Article V.
5.2 Mf!d Standing. The Companynot have an uncured!;
*f this Agreement.
Company5.3 Room Nights. Subject to availability and reasonable advance notice, the
agrees to tduring
the City may utilize these room nights. A room night shall be the use of one room per
nights allotted to the City per this section. Notwithstanding the foregoing, on an annual
basis, Company shall provide to the City by January 31 st of each year this Agreement is
in effect, certain proposed "blackout dates" which the City cannot utilize for purposes of
this Section; provided however, the "blackout dates" shall be subject to the mutual
agreement the a
Agreement5.4 Event Center Use. Subject to availability and reasonable advance notice,
the Company agrees to provide the City with five (5) days' use of the event space every
year during which the City may utilize the space Notwithstanding the foregoing, on an
annual basis, Company shall provide to the City by January 31st of each year this
proposed "blackout iti"cannot
purposesi`; provided however, the "blackout dates" 1,'^ subject
mutual agreement ;
5.5 Required Use. During the period beginning on the E-6ective Date anU
continuing until the Expiration Date, the Leased ;
purpose other than the Required Use, and the operation of the Leased Premises in
conformance f Required Us" shall not ceasemore 0 continuous
days except connection ! ! the extent of of Force Majeure.
Article VI—Termination; Repayment
6.1 Termination. This Agreement shall terminate upon any one of the following:
(a) by written agreement of the parties;
(b) Expiration Date;
(c) by either party in the event the other party breaches any terms or conditions of
this Agreement and such breach is not cured within thirty (30) days after written
notice thereof;
(d) by City, if Company suffers an Event of Bankruptcy or Insolvency;
(e) by City, if any Impositions owed to the City or the State of Texas by Company
shall become delinquent (provided, however, that the Company retains the right
to timely and properly protest and contest any such Impositions); or
(f) by either party, if any subsequent Federal or State legislation or any decision
of a court of competent jurisdiction declares or renders this Agreement invalid,
illegal, or unenforceable.
6.2 Repayment. In the event the Agreement is terminated by the City at any
time during the Grant Periods pursuant to Section 6.1(c) (following an uncured breach by
the Company), (d), (e), or (f) (provided such legislation or decision requires repayment of
the Annual Grants), the Company shall immediately repay to the City an amount equal to
the Annual Grants previously paid by the City to the Company as of the date of such
termination, plus interest at the rate periodically announced by the Wall Street Journal as
the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease
to exist or cease to announce a prime or base lending rate, then at the annual rate of
interest from time to time announced by Citibank, N.A. (or by any other New York money
center bank selected by the City) as its prime or base commercial lending rate, which
shall accrue from the date of the first payment of the Annual Grants during such period
until paid.
6.3 Right of Offset. The City may, at its option, offset any amounts due and
payable under this Agreement against any debt (including taxes) lawfully due to the City
from the Company, regardless of whether the amount due arises pursuant to the terms
of this Agreement or otherwise and regardless of whether or not the debt due the City has
been reduced to judgment by a court.
Article VII—Miscellaneous
7.1 Binding Agreement. The terms and conditions of this Agreement are
binding upon the successors and assigns of the parties hereto. This Agreement may not
be assigned without the express written permission of the City.
7.2 Limitation on Liability. It is understood and agreed between the parties
that the Company, in satisfying the conditions of this Agreement, has acted
independently, and the City assumes on responsibilities or liabilities to third parties,
including but not limited to the Retailers, in connection with these actions. The Company
agrees to indemnify and hold harmless the City from all such claims, suits, and
causes of action, liabilities, and expenses of any nature whatsoever by a third party
arising out of the Company's failure to perform its obligations under this
Agreement.
7.3 No Joint Venture. It is acknowledged and agreed by the parties that the
terms hereof are not intended to and shall not be deemed to create a partnership or joint
venture among the parties.
7.4 Authorization. Each party represents that it has full capacity and authority
to grant all rights and assume all obligations that are granted and assumed under this
Agreement.
7.5 Notice. All notices and communications under this Agreement to be mailed
to City shall be sent to the address of City's agent as follows, unless and until the
Company is otherwise notified:
City Manager
City of Paris
Post Office Box 9037
Paris, Texas 75461
With a copy to:
City Attorney
City of Paris
Post Office Box 9037
Paris, Texas 75461
notified:Notices and communications to be mailed or delivered to the Company shall be
sent to the address of the Company as follows, unless and until the City is otherwise
Paris,2650 N. Main St.
Texas
75460
%9,112,1 M I I 1pq 0 1.1M
of this Agreement, as provided any Exhibitsattachedhereto.
7.7 Governing Law. The Agreement shall be governed by the laws of the State
of Texas without regard to any conflict of law rules. Exclusive venue for any action
concerning this Agreement shall be in a court of competent jurisdiction in Lamar County,
Texas. The parties agree to submit to the personal and subject matter jurisdiction of said
court.
7.8 Amendment. The Agreement may only be amended by
-,greement of the parties.
7.9 Legal Construction. In the event that any one or more of the provisions
contained in this Agreement,r,, for `; }, held to be invalid, illegal, or
unenforceable in any respect, such invalidity, }tomunenforceability shall not affect
1117rill, FOR 111 ! 11
constitute one and the same instrument.
is notified by the City of such violation, plus interest at the rate of 6% compounded
annually from the date of violation until paid. The Company is not liable for a violation of
this section in relation to any workers employed by a subsidiary, affiliate, or franchisee of
the Company or by a person with whom the Company contracts, including but not limited
to the Retailers.
--Signature Page to Follow--
F-11-WRIS
Janice Ellis
City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris
City Attorney
CITY OF PARIS
m
Paula Portugal
Mayor
Date Signed:
EMERALD HOSPITALITY, LLC
m
Mihir"Mark" Pankaj..................................................................................................................(Title)
Date Signed:
THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Paula Portugal, Mayor of the CITY OF PARIS, a Texas municipal
corporation, known to me to be the person who's name is subscribed to the foregoing
instrument, and acknowledged to me that he has executed the same on the City's behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF .2022.
Notary Public Lamar County, Texas
My commission expires
THE STATE OF TEXAS §
COUNTY OF LAMAR §
This instrument was acknowledged before me on the ................ day of ........................................... ................................... _. .,
2022, by Mihir "Mark" Pankaj,__m........................... of Emerald Hospitality, LLC, a Texas limited
liability corporation, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged that he executed the same on behalf of Emerald
Hospitality, LLC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF .20
Notary Public Lamar County, Texas
My commission expires
VMM -1-sI---' „ '--' I I I
"
IMrr � /i
Being 4,599'scm of land siwmd witbin the corporate limits of the City of Paris, Lmu County, Tun, said
4,599 part of the Joseph , Abstract Number 524 as well as all of a 4.599
acre bract of $o
ed m David R- Robin= B L. to (Mark) P 'and
penW buM on March 21, 2019 by W&Multy Deed recorded in LMw CMnVGlerlr's Documew Nu nber
161041-2019. The said 4.599 acres bein more tittly bymewandboun&as follows:
Beginning at a % iD� i"m rod d of a caned 1.470 of land
eonveyad from BCM to S LLC on lune 09, 2018 by W nwq Deed recorded of Lot I, B A m on
Co=y Clots Doc Number 134116-2016 and tb�t SQUIbleafft ==
the Repeat of Oats Ridge 318 Addition recor&A is Lamu County Pbd Records Envelope 461-D, and said rod
also being in the North right of way line of US Loop 286;
North IMG34" alms the Wert line of the it tract and ft But
/'bTheme o lime of the aforemezetiomd Lot 1 at a disume of 31352 feet Panh* a % imh taPPe:d (Wh ley) iron
/ rod found at The Northew corner of said Lot 1 and at the of a called 1.470 &CM US& of
/coriveyod !roe l to'BHOLE BABA CORP an October 10.. 2017 by Gftnll Wam* Deed recorded
/ in Lww Cotuay, Cterks Domment Nuacber 147483-2017 and said rod also bdn the Soudwut comer of Lot 2,
Block A of Oak Badge Addition 318 as rwor&dto LWW Ccuoty Pbd Records Envelope 455-D, and cWtibuiag
/ on ti 554.61 feat pgaft a'►4 inch capped (Whitley) izon rod fbWW at the N of said Lae 2 and at
/dw Southeast coma of a 5 foot right of way on old Plat of Oak RkIge Addition 318 recorded
/ in envelope 455-D and Confinuing on for a total dittaxwe of 559.70 fW to a h Inch Capped iron cod (Whitley)
faund at the Northwest comer of said P and at the Nogtheag camar of the efommentinned 5 foot right
Of way"Cason, and said rod also bdn in the South right of wry lite of Center Stvet (4S right of way as per
Pad Records Fzrv4ope 330-A);
Thence North 87°28'39" Bait along the Notch bourJary line of the afarementimed. Pwikaj tract and the
South ri& of way line of COM SUOK a 6aume of 454.84 fed to a % inch 101011-1) iron rod
hound a the Nwthwwt wmer of 4 called 10.487 acre uld of ha conveyed fmm David R. Robinson to
on
an December 22, 2010 by Wazranty Dead recorded in Lmmgr County Cleric's
Document
Mmnber 00 83-2010;
South 19002'20" Went, along the Want boundary line of the Lfomnerrtlomd Ymn tract, at a
distRACe
of 346.02 fett ing a. % inn, ) im and foijad at the most Northem Southwest cOrwr of said
and d the Nortbwest comer of a called 2.618 tract of load conveyed from Celtic
Bak
Corporation to Konuth LLC on Angual 12, 2013 by Warrardy Dead with Vendofe Lien recorded in Lamar
'a Documw Number 1088189-2013 and oonfimling aim& tete Wert boundary tine of said R
LLc tract fora total distanoe of 406-23 feet to a point at the NOrdmA corw of a called 1.11552 scre bud of
land cmveyed ftm David RR04MMto Tony D&M Wahm an November 1$, 2016 by Warranty
Dead
In Lmar CMMV Clerk' Docutneat Number 138291-2016 and at the NordmA Mmer of Lot 1, Block
A of DQ No. 2 Addition CB 31$ recorded in Low County Ptd Records Envelope 462-D, and from said point a
Vi incheMped(C ) iron rod finW bam, South 70°58'28" Ent a distarwe of 0.57 feet;
North 70`5B'?.6" Wast, along the North botvWfty line of the afomneWorted Walter$ ftd and the
North bowidary Una of the afhrententioned Lot 1, Block A of DQ No. 2 Addiction, a distanoe of 147.86 fad to a
% ifs capped (Cheney) iron rod found at the Nwhwest comer of MW Walters tract and the Northwest
cMM
of said Lot 1, Block A of DQ No 2 Addition;
The= South 19603'08" West„ #long the Wart line of the ned W tract and the
Wftj bour.4gry Iioe of the hfbremanfioried Lot 1, Block A of DQ No. 2 Addition, a distance of 336.53 feet to a
SS inch capped (Chaney) iron rad found at the Southwest corner of said Walters trect and ti the SOUtimm corn"
of said Lot 1, and said rod also being in the Norte right of wry tine of US Loop Number 286;
Theme North 54'45'33" Wast, along etc Worth figM of way line of GS 0L op 28 , arod distance
found of 100.79 feet to
a % Inch imn rod f md, and from said iron rod a % inch '
(
80608'03" East a distanCe of 0.07 feet;
Thtwc North 7413 3'46" West, along the Nofth right of way line of US Loop 286, a distance of 94.81 feet to
the Point of Beginning and canubft 4.599 acres of land.
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.. Owncr! Developer
ALL
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VE
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Item No. 21
TO: Mayor, Mayor Pro -Tern & City Council
Grayson Path, City Manager
lummm
SUBJECT: APPOINTMENTS TO THE BOARD OF ADJUSTMENT
DATE: June 27, 2022
BACKGROUND: The Board of Adjustment is created by State Law and codified under Sectio"
16-100 of the City Zoning Ordinance. This Section states in part: "there is hereby created
Board of Adjustment consisting of five (5) members, each to be appointed by resolution of t
City Council for a term of two years." The City Council may appoint two alternate members
the Board of Adjustment who shall serve in the absence of one or more of the regular membe
when requested to do so by the Mayor or City Manager. .1
STATUS OF ISSUE: Currently the terms of three of the regular board members (Chris
Fitzgerald, Jerry Haning, and William Sanders) are expiring on June 30. We have received
applications from the following: Richard Thompson, Jerry Flaning and William Sanders.
BUDGET: N/A
RECOMMENDATION: Approve a Resolution appointing/re-appointing three regular board
members.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPOINTING MEMBERS TO FILL THREE EXPIRED TERMS ON THE BOARD
OF ADJUSTMENT IN ACCORDANCE WITH SECTION 16 OF THE CITY
ZONING ORDINANCE AND THE CITY'S POLICIES AND PROCEDURES FOR
STANDING BOARDS, COMMISSIONS AND COMMITTEES; REAPPOINTING
JERRY HANING AND WILLIAM SANDERS, AND APPOINTING RICHARD
THOMPSON TO SERVE AS MEMBERS FOR TWO YEAR TERMS ENDING ON
JUNE 30,2024; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 16-100 of the City of Paris, Texas Zoning Ordinance No. 1710
states in part that the Board of Adjustment shall consist of five (5) members, each to be
appointed by Resolution of the City council for a term of two years and two (2) alternate
members for terms of two years; and
WHEREAS, currently the Board of Adjustment has three vacancies with Chris
Fitzgerald, Jerry Haning, and William Sanders, regular members, having terms expiring on
June 30, 2022; and
WHEREAS, the vacancies are for two-year terms ending on June 30, 2024;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That the following appointments are hereby made to the Board of
Adjustment: reappoint Jerry Haning and William Sanders, and appoint Richard Thompson to
serve two year terms ending on June 30, 2024.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 27th day of June, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Item No. 22
hv� W, I �M ��
TO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: Janice Ellis, City Clerk
SUBJECT: APPOINTMENTS TO BOARDS & COMMISSIONS
DATE: June 27, 2022
BACKGROUND: Policies and Procedures for Boards & Commissions adopted by City Council
require that appointments be made at the second regular City Council meeting in June.
STATUS OF ISSUE: Currently there are board members whose terms are expiring effective
June 30, 2021, as well as several unexpired terms to be filled on various City Boards and
Commissions. The City Clerk has been receiving applications and distributing those applications
to City Council via their I -Pads, once residency and voter registration has been verified.
BUDGET: NIA
RECOMMENDATION: Appoint members to the fill board and commission vacancies.
6/20/2022
BOARDS AND COMMISSIONS
AIRPORT ADVISORY BOARD
No. of Members: 3 Length of Term: 3 yrs. Appointed By: City Council Regular Meeting Day: 3rd
Thursday of February, May, August and November, and as -needed as called by the Airport Manager or the
City Manager or designee. Meeting Time: 5:30 p.m. Meeting Location: Council Chamber or Cox Field
Airport Duties/Purpose: Resolution No. 2022-016 - Serve strictly in an as -needed advisory role to the Airport
Manager and the City Manager or designee. Preference shall be given to applicants who reside within the City
limits and who have aeronautical experience, but no more than two (2) members may have a pilot license. All
applicants must, at a minimum, be a resident of Lamar County.
Current Members Term
7/1/2022 — 6/30/2025
7/1/2022 — 6/30/2024
7/1/2022 — 6/30/2023
Council Liaison Council Member Knox
Staff Liaison Grayson Path
APPLICANTS:
Clifton Fendley
Jeffrey Nichols
Scott Jackson
6/20/2022
BAND COMMISSION
No. of Members: 5 Length of Term: 2 years with no term limits. Appointed By: City Council Regular
Meeting Day: Quarterly Meeting Time: TBD Meeting Location: TBD Duties/Purpose: Sec. 2.11.002 of the
Code of Ordinances states that the Commission is responsible for the organization, discipline, membership,
and duties of the members of the Municipal Band and the Leaders or Instructors thereof, and may regulate
same by such rules or bylaws as they may deem it necessary to pass; provided, that no rule or bylaw or
amendment of same shall be in force or effect until the same has been submitted to and approved by the City
Council. Membership is reserved for a representative of the Visitors and Convention Council of the Lamar
County Chamber of Commerce, one active member of the Band, three members to be appointed at -large, and
one band director who shall serve without term limits in an ex -officio capacity. Must be a resident citizen of
Lamar County,
Current Members
Term
Lucia Bunch (At -large & band member)
07/01/2021— 06/30/2023
Betsy Mills (At -large)
07/02/2020 — 06/30/2022
Byron Myrick (At -large)
07/13/2020 — 06/30/2022
Cleonne Drake (At -large)
07/01/2021— 06/30/2023
Becky Semple (VC&C)
Joe Watson (Band Director, ex -officio)
No term limit
Council Liaison Council Member Pilgrim
APPLICANTS:
Betsy Mills
Byron Myrick
6/20/2022
BUILDING AND STANDARDS COMMISSION
No. of Members: 7 Length of Term: 2 yrs. Appointed By: City Council Regular Meeting Day: 3'd
Monday Meeting Time: 3:30 p.m. Meeting Location: Council Chamber Duties/Purpose: Evaluates and
declares structures dangerous or substandard and determines the remedy for having the structure comply with
codes and ordinances. Members must be residents of the city and, as nearly as possible, represent each
council district.
Current Members Term
Reeves Hayter 07/02/2020 — 06/30/2022
Richard Thompson 07/02/2020 — 06/30/2022
Andra "Kim" Walker 07/02/2020 — 06/30/2022
Kenneth Kohls 07/02/2020 — 06/30/2022
Adam Bolton 07/01/2021— 06/30/2023
Pat Conrad 07/01/2021— 06/30/2023
Carlton Cooper 07/13/2020 — 06/30/2022
Council Liaison Mayor Pro -Tem Hughes
Staff Liaison Robert Talley
Note: Ken Kohls is term limited
APPLICANTS:
Andra "Kim" Walker
Eric Guillot
Reeves Hayter
Richard Thompson
Chris Fitzgerald
Michael Folmar
Beverly Johnson
6/20/2022
HISTORIC PRESERVATION COMMISSION
No. of Members: 7 & 2 alternate members (Ordinance No. 2002-033) Length of Term: 2 yrs. Appointed
By: City Council Regular Meeting Day: 2nd Wednesday. Meeting Time: 4:00 p.m. (if special meeting is
needed, will be conducted on the 4a' Monday at 4:00 p.m.) Meeting Location: Council Chamber.
Duties/Purpose: Adopt rules and procedures; adopt identification criteria and rules for delineation of historic
district boundaries; conduct and administer historic resource surveys; recommend designation of districts and
landmarks; establish committees as needed; produce and distribute minutes of meetings; develop public
outreach/education/awareness programs; approve/disapprove certificates of appropriateness; provide design
and other reasonable forms of advice to owners and tenants of historic properties in the certificate of
appropriateness review process; recommend acquisition of endangered historic resources to the City Council;
submit an annual report to City Council; prepare and promote design guidelines for landmarks/districts.
All commission members shall have a demonstrated outstanding interest in the historic traditions of the City
and experience in the preservation of the historic character of Paris. The City Council shall endeavor, to the
extent reasonably available, to appoint members from the following categories: 1) Architect, planner, or
design professional; 2) Member of the Main Street Board; 3) Owner of or resident or tenant in a landmark
property or property in a historic district; 4) Member of a local Historical Society; 4) Three members at large;
or 5) Other specific background as desired.
Current Members
Term
Jennifer Long
09/14/2020 — 06/30/2022
Matt Coyle (At -large, historic)
07/02/2020 — 06/30/2022
Ryan Matthews (owns property in
01/11/2021— 06/30/2022
Historic District)
Glee Emmite (Main Street)
07/01/2021— 06/30/2023
Laura Caffey (architect)
07/01/2021— 06/30/2023
Linda Vandiver (Historical
07/02/2020 — 06/30/2022
Society)
Chris Dux (historic property)
07/01/2021— 06/30/2023
Jessica Holtman
07/01/2021— 06/30/2023
Council Liaison Council Member Knox
Staff Liaison Cheri Bedford
APPLICANTS:
Linda Vandiver
Paul Crocker
Ryan Matthews
Matthew Coyle
Jennifer Long
6/20/2022
HOUSING AUTHORITY OF THE CITY OF PARIS
No. of Members: 5 Length of Term: 2 years. Appointed By: Mayor Regular Meeting Day: Yd Tuesday
Meeting Time: 12:30 p.m. Meeting Location: George Wright Home Duties/Purpose: Oversees the budget,
maintenance, and policies of the Housing Authority of the City of Paris, which consists of several apartment
communities as well as duplexes and houses in the city limits of Paris. Members may live within the city or
the area that is within 5 miles of the territorial boundaries of the municipality and is not within the territorial
boundaries of another municipality. Members cannot be officers or employees of the City of Paris.
Current Members
Term
Jenny Wilson
07/02/2020 — 06/30/2022
VACANT
07/01/2021 — 06/30/2023
DewayneDangerfield
07/02/2020 — 06/30/2022
T.K. Haynes
08/10/2020 — 06/30/2022
Steve Smith
07/27/2021 — 06/30/2023
Staff Liaison Sally Ruthart
APPLICANTS:
Jenny Wilson
Terry "TK" Haynes
Beverly Johnson
6/20/2022
LIBRARY ADVISORY BOARD
No. of Members: 7 Length of Term: 3 yrs. Appointed By: City Council Regular Meeting Day: 3rd
Wednesday Meeting Time: 4:00 p.m. Meeting Location: Library Gallery Duties/Purpose: Acts in an
advisory capacity to the City Council to study and make recommendations concerning library services,
maintenance, and capital improvement projects. Members must be residents of the city, have knowledge of
library affairs and a strong interest in library operations, as well as exhibit a genuine appreciation of books.
Current Members Term
Steven Hellman
07/02/2020
— 06/30/2023
Jennifer Cullum
07/02/2020
— 06/30/2023
Eva Dickey
07/13/2020
— 06/30/2023
Lauren Matthews
07/13/2020
— 06/30/2023
DeEtte Cobb
07/01/2021—
06/30/2024
Melanie Loughmiller
07/01/2019
— 06/30/2022
M ers Hurt
02/08/2021—
06/30/2022
Council Liaison Mayor Portugal
Staff Liaison Timothy DeGhelder
APPLICANTS:
Amy Watson
Kelvin Hicks
Melanie Loughmiller
6/20/2022
MAIN STREET ADVISORY BOARD
No. of Members: 7 Length of Term: 3 yrs. Appointed By: City Council Regular Meeting Day: 3'd Tuesday
Meeting Time: 4:00 p.m. Meeting Location: Council Chamber Duties/Purpose: Advises the City Council
and recommends Main Street program policies, goals and objectives. Also recommends guidelines for the
refurbishing of buildings in the downtown area, recommends programs to bring patrons into the downtown
area, and sponsors advertising for downtown events. Membershi is reserved for one member of the Historic
Preservation Commission.
Current Members
Term
Tyrone Hayden
07/13/2020 — 06/30/2023
VACANT
07/02/2020 — 06/30/2023
Glee Emmite (HPC)
07/02/2020 — 06/30/2023
Greg Kee
11/08/2021 — 06/30/2024
Shelby Gilliam
07/01/2021— 06/30/2024
Kari Daniel
08/26/2019 — 06/30/2022
William Walker
01/10/2022 — 06/30/2023
Council Liaisons Mayor Pro -Tem Hughes &
Council Member Pankaj
Staff Liaison Cheri Bedford
APPLICANTS:
Kari Daniel
Tracy Dougherty
Joan E. Moore
Chad Lindsey
6/20/2022
PARIS ECONOMIC DEVELOPMENT CORPORATION
No. of Members: 7 Length of Term: 3 yrs. Appointed By: City Council Regular Meeting Day: 3rd
Tuesday Meeting Time: 4:00 p.m. Meeting Location: Council Chamber Duties/Purpose: Administers 4A
sales tax funds for the promotion and enhancement of job creation and retention and other economic
development activities of the City of Paris through development of incentives and short-term and long-term
planning. Members must be residents of Lamar County (Resolution No. 2017-016), and qualified voters.
Increase of members from five to seven (Resolution No. 2020-025)
Current Members
Term
Josh Bray
07/02/2020 — 06/30/2023
Curtis Fendley
07/02/2020 — 06/30/2023
Chase Coleman
07/02/2020 — 06/30/2023
Erik Roddy
07/01/2021— 06/30/2022
Stephen Terrell
A.J. Hashmi
Mark Homer
Paul Portugal
(Mayor — Ex -Officio)
Grayson Path
(City Manager — Ex -Officio)
Brandon Bell
(County Judge — Ex Off cio)
Pam Anglin
(PJC President — Ex-Oificio
Council Liaison:
APPLICANTS:
Eric Guillot
Erik Roddy
Stephen Terrell
Beverly Johnson
08/10/2020 — 06/30/2022
07/01/2021— 06/30/2024
07/01/2021— 06/30/2024
Council Member Pilgrim
6/20/2022
PLANNING AND ZONING COMMISSION
No. of Members: 7 Length of Term: 3 yrs. Appointed By: City Council Regular Meeting Day: 1 st Monday
Meeting Time: 5:30 p.m. Meeting Location: Council Chamber Duties/Purpose: Reviews the requests by
property owners for changes in zoning inside the city limits of Paris and makes recommendations to City
Council for the approval or disapproval of those requests. Members must be citizens of the City of Paris,
taxpayers, and qualified voters.
Current Members
Term
Michael Mosher
09/28/2020 —
06/30/2023
Austin Anthony
07/02/2020 —
06/30/2023
Tylesha Ross
07/02/2020 —
06/30/2023
Francine Neeley-unexp
07/01/2021—
06/30/2024
Sims Norment
07/01/2021—
06/30/2024
Randall Chad Lindsey
07/01/2019 —
06/30/2022
Clifton Fendle
07/01/2019 —
06/30/2022
Council Liaisons Council Member Pankaj & Council Member Savage
Staff Liaison Andrew Mack
Note: Chad Lindser is term limited
APPLICANTS:
Andra "Kim" Walker
Clifton Fendley
Eric Guillot
Richard Thompson
Chance Abbott
Chris Fitzgerald
Michael Folmar
Beverly Johnson
Jerry Haning
6/20/2022
TRAFFIC COMMISSION
No. of Members: 7 Length of Term: 3 yrs. Appointed By: City Council Regular Meeting Day: 1 st Tuesday
Meeting Time: 5:15 p.m. Meeting Location: Municipal Court Duties/Purpose: Reviews requests for traffic
control measures and proposes measures designed to minimize traffic safety problems resulting from vehicular
traffic in Paris. Members must be residents of the city, and qualified voters.
Current Members Term
John Darst
08/26/2019 —
06/30/2022
Wendell Moore
07/27/2021—
06/30/2024
Michael Ellis
07/02/2020 —
06/30/2023
Sandi Kear
07/27/2021—
06/30/2024
Lloyd Fry
02/09/2021—
06/30/2023
Tony Clark
02/10/2020 —
06/30/2022
John Eyler
07/01/2019 —
06/30/2022
Council Liaison
Staff Liaison Randy Tuttle
Note: John E ler is term limited
APPLICANTS:
Andra "Kim" Walker
Eric Guillot
John Darst
6/20/2022
BOARD OF ADJUSTMENT
No. of Members: 7 Length of Term: 2 yrs. Appointed By: City Council by Resolution (State Law and city
ordinance) Regular Meeting Day: As needed Meeting Time: Noon Meeting Location: Council Chamber
Duties/Purpose: Zoning Ord. 1710 states that the Board hears zoning -related appeals by any person aggrieved
or by an officer, department, or board of the municipality affected by the zoning decision of the administrative
officer. Must be a resident of the city, and a qualified voter. A supermajority vote is required to approve an
adjustment.
Current Members
Term
Chris Fitzgerald
07/02/2020 — 06/30/2022
Jerry Harting
07/02/2020 — 06/30/2022
Ruth Ann Alsobrook
07/27/2021— 06/30/2023
William Sanders
07/27/2020 — 06/30/2022
Larry Walker
07/27/2021— 06/30/2023
Sequoia Bruce — altem.
07/27/2021 — 06/30/2023
David Hamilton — altern.
07/27/2021— 06/30/2023
Council Liaison Mayor Portugal
Staff Liaison Andrew Mack
Note: Chris Fitz erald is term limited
APPLICANT:
Richard Thompson
William Sanders
Jerry Haning
Item No. 23
I' v
TO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: Janice Ellis, City Clerk
SUBJECT: CITY COUNCIL LIAISON APPOINTMENTS
TO BOARDS AND COMMISSIONS
DATE: June 27, 2022
BACKGROUND: Policies and Procedures allow for Council Members to serve as liaisons to
Boards and Commissions, should Council feel it necessary. Below is a list of Boards and
Commissions which have City Council Liaisons:
1. PEDC Bylaws (Section 6.06) require the Mayor, the City Manager, the Lamar County
Judge, the President of Paris Junior College, the President of the Lamar County Chamber
of Commerce serve as Ex -officio Members. For the past several years, City Council has
also selected a City Council Member to serve as liaison to PEDC.
2. Airport Advisory Board
3. Band Commission
4. Building & Standards Commission
5. Historic Preservation Commission
6. Library Advisory Board
7. Main Street Advisory Board
8. Planning and Zoning Commission
9. Traffic Commission
In addition, we have the following government entities which will need a City Council
liaison:
10. Ark -Tex Council of Governments Bylaws requires a member of the City Council serve,
which has routinely been the Mayor. ATCOG also allows a member of the Council
to serve on the Executive Committee to the Board of Directors.
11. Visitors & Convention Council - Resolution No. 1737 requires the Mayor, City
Manager and one Council Member serve on Visitors & Convention Council. The
VC&C meets the third Monday of each month at 4:00 p.m. at the Chamber with the
exception of July (usually does not meet in July).
12. Love Civic Center Bylaws requires a City Council Member serve as Ex -officio to the
Board. This Board meets every other month on the second Thursday at 12:15 p.m. at the
Civic Center.
STATUS OF ISSUE: Currently City Council Member liaison terms are expiring effective June
30, 2022.
BUDGET: N/A
RECOMMENDATION: Appoint one City Council Member liaison to any of the boards and
commissions that City Council feels necessary. with the exception of Paris Housing Authority.
BOARD, COMMISSION & COMMITTEE MEETING SCHEDULES
Bodv Darr of Month Time Location
Yd Thursday
Airport Advisory Board
(Feb., May, 5:30 p.m
Aug., Nov. &
as needed)
City Hall Council Chambers
Board of Adjustment
1St Tuesday
Noon
City Hall Council Chambers
Building & Standards Commission
._
3rd Monday
..
3:00 p.m.
City Hall Council Chambers
Chamber of Commerce Board
4th Tuesday
3:00
p.m.
Chamber of Commerce
IT
Cit Council Meetings
Monday
5:30 p.m.
IT.
City Hall Council Chambers
Historic Preservation Commission
2nd Wednesday
4:00 p.m.
4th Monday -
(Special -As
4:00 p.m.
City Hall Council Chambers
Needed)
................
_..._w __...... __ —
Housing Authority Board
3rd Tuesday
12:30 p.m.
George Wright Homes
Library Advisory Board
3rd Wednesday
4:00 p.m.
Library Gallery
Main Street Advisory Board
2nd Tuesday
4:30 p.m.
City Hall Councilµ Chambers
Paris -Lamar County Health Dept.
As Needed
. ......
6:00 p.m.
.
Health Department
PEDC Board
3rd Tuesday
..
5:30 p.m.
_.
City Hall Council Chambers
Planning & Zoning Commission
1" Monday
5:30 p.m.
City Hall Council Chambers
Traffic Commission
1" Tuesday
5:15 p.m.
Municipal Courtroom
Lamar County Genealogical Society — (No meetings held in December, June, July, or August)
City of Paris Revised 3/4/2022
Item No. 26
Memorandum
TO: Mayor, Mayor Pro Tem, and City Council
Grayson Path, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Tax Abatement Agreement for Lionshead Paris, LLC
DATE: June 27, 2022
BACKGROUND: On June 13, 2022, the City Council directed me to prepare a tax abatement
agreement for a new tax abatement with Lionshead Paris, 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
$20,000,000.00 and $23,000,000.00, will necessitate the hiring of at least 15 employees with an
estimated 40 new employees eventually retained. The agreement requires that at least 15
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, 2030.
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 Paris, 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 PARIS, LLC; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of
January, 2022, in Resolution No. 2022-002, 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 2020 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 Exhibit 1 to Exhibit A, attached
hereto and made a part hereof for all purposes; and
WHEREAS, Owner has agreed to make the Improvements specified in the Tax
Abatement Agreement attached hereto as Exhibit A, 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 fifteen (15) 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 all applicable laws; and
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. 2022-002 and will lead to the economic development of the
Enterprise Zone.
Section 3. That the terms and conditions of the proposed Agreement attached
hereto as Exhibit 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 Exhi it
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.
PASSED AND APPROVED this 27th day of June, 2022.
Paula Portugal, 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 PARIS, 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 10th day of
January, 2022, in Resolution No. 2022-002, 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 2020 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 • i l 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 twenty (20) 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. 2020-002, the parties
hereto do mutually contract and agree as follows:
I.
Term
1.1 The effective date of this Agreement is the 27th day of June, 2022, with the
tax abatement being effective from and after January 1, 2024, or January 1St of the year
immediately following completion of construction, and terminating on December 31,
2030 (an abatement period of seven (7) years (the "Abatement Period")). Said
Abatement Period will terminate on December 31, 2030, 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 Exhi LiL 2, 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
including approximately 120,000 square feet under roof 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 Improvements are more particularly described
in Exhibit attached hereto and incorporated herein by reference. Owner commits herein
to invest no less than TWENTY MILLION AND NO/100 DOLLARS ($20,000,000.00) to
construct the Improvements, which shall be completed prior to December 31, 2023. All of
said improvements shall be described in the City's Certificates of Completion defined in
Section X, "Reporting Requirements." For the purposes of 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
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construction of the Improvements will be in accordance with all applicable state and local
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 $20,000,000.00, and has committed to creating at
least fifteen (15) and up to forty (40) new full-time equivalent with benefits positions with
an estimated direct payroll of approximately TWO MILLION AND NO/100 DOLLARS
($2,000,000.00). These fifteen (15) full-time equivalent with benefits positions shall be
created and staffed within one (1) year of the City's issuance of the Certificate of Occupancy.
4.2 In order to qualify for the tax abatement provided for herein, Owner must both
create said fifteen (15) full-time equivalent positions according to the above schedule 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. As damages in the event of default, 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 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.
VI.
Tax Abatement
6.1 Subj ect 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, 2022.
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 Exhibit 4 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.
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
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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 xt ''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 Property: 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
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 Report: The Owner further agrees that it will, by April 15, 2024,
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 2023:
(a) A copy of the printout from the Lamar County Appraisal District showing the
market value of the Property as of January 1, 2022, 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 ReDort on Year of the Abatement Perio :
In addition to the report required in Paragraph 10.1 hereinabove, Owner further agrees
that by April 15th of each year of this Agreement beginning in the year 2025, 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
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.
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.
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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 Paris, 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 Paris, 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 copy 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 2022.
THE CITY OF PARIS, TEXAS
By:.-
Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
LIONSHEAD PARIS, LLC
Los
ATTEST:
Title:
Title:
Date:
10
LIST F EXHIBITS:
2020 Designation of Enterprise Zone which includes the Property
2. Map of the Property and Property Description
Description of Improvements
4. Resolution No. 2022-002; Criteria and Guidelines for Tax Abatement
5. FORM: Certificate of Completion
6. FORMS: Certificates of Compliance
11
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Field Notes
Being a 19.58 acre tract of land in the Francis Morrison Survey, Abstract No. 592 and the John
Herrington Survey, Abstract No. 436, in the City of Paris, Lamar County, Texas; being all of the former
Lot 1, Block A of Northwest Paris Industrial Park, as recorded in Envelope 386-C, L.C.P.R.; and being
part of that certain tract of land described in deed to Paris Economic Development Corporation, dated
November 18, 2003, recorded in Vol. 1403, Pg. 53, L.C.O.P.R, said 19.58 acre tract of land is more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 -inch iron rod with cap found in the south right-of-way line of Loop Highway 286
(width varies according to Vol. 361, Pg. 157 and Vol. 557, Pg. 643, L.C.D.R.) for the northwest corner of
Lot 2 of said Block A and the most northerly northeast corner of the herein described tract, from which a
1/2 -inch iron rod with cap found in the south right-of-way line of Loop Highway 286 for an angle point in
the north boundary line of said Lot 2 bears North 71 deg. 22 min. 13 sec., a distance of 175.65 feet;
1.) THENCE South 22 deg. 09 min. 59 sec. East, along the west boundary line of said Lot 2, a distance
of337.75 feet to a 1/2 -inch iron rod with cap found for the southwest corner of said Lot 2;
2.) THENCE North 68 deg. 59 min. 47 sec. East, along the south boundary line of said Lot 2, a distance
of 215.09 feet to a 1/2 -inch iron rod with cap found in a curve to the right in the west right-of-way line of
30th Street NW (80 feet wide according to Env. 386-C, L.C.P.R.) for the southeast corner of said Lot 2'
3.) THENCE along the west right-of-way line of 30th Street NW as follows: with said curve to the right
having a radius of 915.00 feet, a central angle of 26 deg. 51 min. 10 sec., an arc length of 428.83 feet, and
a chord that bears South 17 deg. 21 min. 51 sec. West, a distance of 424.92 feet to a 1/2 -inch iron rod
with cap found for the end of said curve to the right; South 30 deg. 49 min. 42 sec. West, a distance of
22.81feet to a 1/2 -inch iron rod with cap found for the beginning of a curve to the left; with said curve to
the left having a radius of 1030.00 feet, a central angle of 18 deg. 07 min. 28 sec., an arc length of 325.82
feet, and a chord that bears South 21 deg. 42 min. 43 sec. West, a distance of 324.46 feet to a 1/2 -inch
iron rod with cap found for the end of said curve to the left and the beginning of a curve to the right; with
said curve to the right having a radius of 14.00 feet, a central angle of 89 deg. 22 min. 15 sec. an arc
length of 21.84 feet, and a chord that bears South 56 deg. 56 min. 07 sec. West, a distance of 19.6 feet to a
1/2 -inch iron rod with cap found in the north right-of-way line of Park Street (80.00 feet wide at this point
according to Env. 386-C, L.C.P.R.);
4.) THENCE North 77 deg. 39 min. 34 sec. West, along the north right-of-way line of Park Street, a
distance of35.95 feet to a 1/2 -inch iron rod with cap found for an interior corner of Northwest Paris
Industrial Park;
5.) THENCE along the most westerly south boundary line of Northwest Paris Industrial Park as follows:
North 76 deg. 48 min. 33 sec. West, a distance of 83.99 feet to a 1/2 -inch iron rod with cap found for the
beginning of a curve to the left; with said curve to the left having a radius of 2240.00 feet, a central angle
of 15 deg. 56 min. 17 sec., an are length of 623.11 feet, and a chord that bears North 84 deg. 36 min. 51
sec. West, a distance of 621.10 feet to a 1/2 -inch iron rod with cap found for the end of said curve to the
left; South 87 deg. 25 min. 49 sec. West, a distance of 126.44 feet to a found 1/2 -inch iron rod with cap;
North 85 deg. 54 min. 11 sec. West, a distance of 100.12 feet to a found 1/2 -inch iron rod with cap; North
89 deg. 38 min. 23 sec. West, a distance of 127.67 feet to a 1/2 -inch iron rod with cap found in the
monumented cast right-of-way line of 34th Street NW (monumented width varies; no dedication found)
for the southwest corner of Northwest Paris Industrial Park;
6.) THENCE along the monumented east right-of-way line of 34th Street NW and the west boundary line
of Northwest Paris Industrial Park as follows: North 02 deg. 39 min. 40 sec. East, a distance of 266.74
feet to a found 1/2 -inch iron rod; North 01 deg. 50 min. 56 sec. East, a distance of 110.98 feet to a point in
a curve to the right in the south right-of-way line of Loop Highway 286 for the northwest comer of said
Block A, from which a found 1/2 -inch iron rod with cap bears South 01 deg. 50 min. 56 sec. West,
distance of 0.29 feet, and a TxDOT Type I concrete monument found in the south right-of-way line of
Loop Highway 286 bears South 50 deg. 53 min. 46 sec. West, a distance of 190.74 feet,
7.) THENCE along the south right-of-way line of Loop Highway 286 as follows: with said curve to the
right having a radius of 2697.79 feet, a central angle of 15 deg. 34 min. 25 sec., an arc length of 733.29
feet, and a chord that bears North 60 deg. 42 min. 32 sec. East, a distance of731.04 feet to a TxDOT Type
I concrete monument found for the end of said curve to the right; North 68 deg. 19 min. 28 sec. East, a
distance of 386,24 feet to a set 1/2 -inch iron rod with cap stamped "RPLS 5469'; North 71 deg. 22 min.
13 sec. East, a distance of 24.73 feet to the POINT OF BEGINNING and containing 19.58 acres of land.
oM ftIN� o °1 'i'o01m�w" 1 AD
OV ( III°IV I E W
Lionshead Specialty Tire & Wheel LLC (Lionshead), a family-owned business, is experiencing significant
growth in the manufacturing sector. Our headquarters is located in Goshen, Indiana with rapidly growing
production facilities in Indiana, Texas, North Carolina, Idaho, Georgia and Minnesota. We specialize in the
development, manufacturing, and distribution of tire and wheel assemblies and component parts for the
recreation vehicle, marine, livestock, cargo, and utility trailer industries.
Our intense focus on customer experience and satisfaction levels is made evident in our customer service
and quality products. We make it a priority to reinvest in new products and services to consistently
provide the best value exchange in a constantly changing environment.
At Lionshead, we focus on being best -in -class by providing a first-class working environment, retaining
and developing talented employees, operating our business with integrity and character, valuing our
employees by helping them become the best version of themselves, and giving back to our community.
We are excited for the opportunity to be part of the City of Paris and Lamar County and serving the
towable trailer and recreational vehicle industry throughout Texas, New Mexico, Oklahoma, Arkansas,
Kansas and Louisiana. The organization plans to build a 120,000 sgft plant in Paris, Texas. This green -field
development will include investments in property, plant and equipment over $20,000,000 and bring over
40 new jobs to the area over a 5 -year period.
We believe the environment in which our team members work is an important part of our corporate
culture. This includes an emphasis on state-of-the-art humanities and space that supports employee
welfare. This includes the thoughtful use of windows to bring natural light into every work area,
cleanliness throughout, terrazzo floors, personal lockers, an inviting employee lunch room, expansive
bathrooms, focus on safety, and Lionshead provided complementary uniforms and personal protective
equipment. Lionshead also offers every team member competitive pay, benefits (medical, dental, vision),
matching 401k, performance incentives that subsidizes food and Lionshead SWAG and many other
unique cultural approaches that are rarely seen in a manufacturing environment.
Upon breaking ground, we expect the project will take approximately 18 -months to complete. Our
overall investment in the City of Paris and Lamar County is expected to be the following:
Overall Capital Investment
Land
Building
Equipment
Total Capital
Average Annual Salaries
6. 10 Xhil 6,1 t 's
$0
$16,500,000
$6,500,000
$23,000,000
$2,000,000
y14 AI \myj��m�
moimoo� � � �� iuumuuuu a ��I� wu
SALES AND STAFFING PROJECTIONS
Sales Asys (monthly)
Sales $ (monthly)
Sales Asys (yearly)
Sales $ (yearly)
Personnel - Operations
Total Production
Personnel Sales
TotolSales
Personnel - Salaries
Operations
Sales
Total Labor
STAFFING DETAILS
2
Texas Economic Development
2024 mm
2024
2025
2026
2027
2028
15,556
17,778
20,000
22,222
24,444
$2,333,333
$2,666,667
$3,000,000
$3,333,333
$3,666,667
186,667
213,333
240,000
266,667
293,333
$28,000,000
$32,000,000
$36,000,000
$40,000,000
$44,000,000
30
32
35
37
40
4
4
4
4
4
$1,404,360
$1,483,400
$1,601,960
$1,681,000
$1,799,560
$477,000
$477,000
$477,000
$477,000
........ $477,000
1 .....�....
$ 881,360
.....--_
$1,960,400
$2,078,960
$2,158,000
$2,276,560
2
Avg Salary ....
2024 mm
^ 2025
20
2027
2028
Operations
Plant Manager
$
90,000
1
1
1
1
1
Asst Plant Manager
$
70,000
1
1
1
1
1
Shipping/ Receiving Manager
$
55,000
1
1
1
1
1
CDLA Drivers
$
67,500
4
4
4
4
4
Production
$
39,520
14
16
19
21
24
Production - forklift
$
41,600
3
3
3
3
3
Receiving Staff
$
39,520
4
4
4
4
4
Receiving/Shipping forklift
$
41,600
2
2
2
2
2
Total Production
30
_
32
35
37
40
Sales
Regional Sales Manager
$
130,000
2
2
2
2
2
Market Analyst
$
67,000
1
1
1
1
1
Regional Sales Director
150,000
1 „
1
mmmm
1
. .......��
1 --
1
TotolSa/es
4
4
4
4
4
Personnel - Salaries
Operations
$ 1,404,360
$ 1,483,400
$ 1,601,960
$ 1,681,000
$ 1,799,560
Sa les
$ 477,000
$ 477,000
$ a 477,000
$ wwwww477,000$
477,000
TotalLabor
$ 1,881,360
$ 1,960,400
$ 2,078,960
$ 2,158,000
$ 2,276,560
Average salary per employee
$ 55,334
$ 54,456
$ 53,307
$ 52,634
$ 51,740
Average per hour basis
$ 26.60
$ 26.18
$ 25.63
$ 25.30
$ 24.88
2
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Investment Overview
Building
Building $ 15,000,000
Building Contingency (10%) $ 1,500,000
Total Building $ 16,500,000
Equipment and Furniture (3 -year Investment)
Items
Qty
Total
Air Compressors - Nitrogen System & Components
1
$
1,477,896
Airline Piping
1
$
300,000
Belt Conveyor (Prep Conveyors)
6
$
59,407
Roller Conveyor (Prep Conveyors)
1
$
25,786
Camera Security System
1
$
2,229
Morrisette - Shrink Wrap Machine
2
$
69,943
Landmark Security System
1
$
40,907
L/A Wheel Systems Inflation Machines
2
$
800,000
Forklift Toyota 5000#
-
2
$
66,520
Forklift Toyota 6500#
1
$
39,000
Baler for Recycables.
2
$
60,750
Office Furniture/Breakroom/Conf. Room
1
$
246,114
FMH Stationary Conveyors (Receiving)
2
$
418,040
Tire Mounters
9
$
135,000
Big Ass Fans
1
$
54,559
Gorbel Crane - Lift Assist
1
$
59,681
A/V Equipment
1
$
12,859
IT Setup (Cable and Internetnet_Wiring & Equipment)
1
$
65,782
Cell Phone Coverage/Boosters - Teledata
1
$
27,802
Door Security system
1
$
70,091
Guard Rails/Safety Gates/Pole Potectors
2
$
12,500
Production Work Tables/Podiums
1
$
9,375
Tools and Production Equipment
1
$
9,375
Kitchen Appliances
1
$
6,250
Floor sweeper
1
$
27,723
Printers - Gordon Flesch
1
$
22,500
Pool Cars
2
$
100,000
Truck / Trailer (4)
4
$
1,000,000
LSolar Panels
1
$
750,000
Contingency
$
500,000
Total Equipment and Furniture Investment
$
6,470,087
TOTAL ESTIMATED CAPITAL INVESTMENT
$mM22,970,087
3
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_
RESOLUTION NO. ,.2022--002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
AUTHORIZING THE CITY TO BE ELIGIBLE TO PARTICIPATE IN PROPERTY
TAX ABATEMENTS AND APPROVING GUIDELINES AND CRITERIA FOR
GRANTING TAX ABATEMENTS IN THE CITY OF PARIS, TEXAS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Section 312.002 of the Texas Tax Code requires local taxing units to state every
two years their intent to participate in property tax abatement agreements, and to adopt guidelines
and criteria for granting tax abatements, and to conduct a public hearing prior to said authorization
and adoption; and
WHEREAS, the City Council last adopted Criteria and Guidelines for Tax Abatement on
January 13, 2020; and
WHEREAS, on January 10, 2022, the City Council conducted a public hearing as required by
law; 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 Exhibit A: 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 Talc Abatement; and
WHEREAS, the City Council elects to readopt the Guidelines and Criteria for Tax Abatement
adopted on January 13, 2013 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 as Exhibit A.
Section 3. This resolution shall become effective from and after the date of passage.
PASSED AND APPROVED this 10th day of January, 2022.
Yortn��."��`�
Paula Portugal, Ma
Bilis, City Clerk
�..,a.� rte' ;/`•�
Stephanie H. Harris, City Attorney
(Updated 01-10-2022)
POLICY STATEMENT
CRITERIA AND GUIDELINES FORTAXABATEMENT
I. General Purpose and Objectives.
The City of Paris (City) and Lamar County Government (County) (collectively, herein called the
"Taxing Jurisdictions") are committed to enhancing the competitiveness and expansion potential of
local industry; to attracting and encouraging new manufacturing industry and investment; to
improving the City of Paris, Lamar County and its infrastructure, which attracts and supports
development; and, to expanding the tax base, employment opportunities, and the overall quality of
life for its citizens. Therefore, the governing bodies of the Taxing Jurisdictions will give
consideration, on a case-by-case basis, to providing tax abatements to the owners of real and
personal property for projects that stimulate economic growth and diversification in the geographic
areas served by the Taxing Jurisdictions, according to state law and consistent with these policies,
criteria and guidelines.
Tax abatements maybe made available to industrial, manufacturing, distribution, service facilities,
or any "primary jobs" creating industry as defined by the Economic Development Act of the State
of Texas. The facility must be currently in, or locating in the areas served by the Taxing
Jurisdictions, and located in a designated Enterprise Zone or Reinvestment Zone. New facilities
and structures as well as the expansion and modernization of existing facilities and structures, will
be considered. Evaluation of a tax abatement request will be based on the information provided in
the tax abatement application. However, the City of Paris and Lamar County are under no
obligation to provide tax abatements to any applicant.
The Paris City Council acts as the lead entity for projects located in the City limits. The Lamar
County Board of Commissioners acts as the lead entity for projects in Lamar County, which are
located outside of the City limits. All governing bodies of the Taxing Jurisdictions have adopted
like policies, criteria and guidelines and will consider tax abatement requests that qualify
thereunder.
II. Definitions.
Definitions are provided as an Appendix A.
III. Designation of a Reinvestment Zone.
For any facility located within the area served by the Taxing Jurisdictions to be eligible for tax
abatement it must meet the criteria for designation as a tax abatement reinvestment zone as set forth
in the Property Redevelopment and Tax Abatement Act, Texas Tax Code Chapter 312, The City
or County may designate an area as a reinvestment zone in accordance with the criteria and
procedural requirements set forth in the Property Redevelopment & Tax Abatement Act, as
amended (Texas Tax Code See. 312.401 (b)). Pursuant to Texas Tax Code Sec. 312.2011,
designation of an area as an enterprise zone under Chapter 2303 of the Texas Government Code
constitutes designation of the area as a reinvestment zone without further hearing or procedural
requirements other than those provided under said Chapter 2303.
IV. Tax Abatement Authorized.
The Taxing Jurisdictions, through their elected governing bodies, may agree in writing with the
owner and/or lessee of taxable real and/or personal property that is located in a reinvestment zone,
but that is not in an improvement project financed by tax increment bonds, to exempt from. taxation
Im
(Updated 01-10-2022)
POLICY STATEMENT
CRITERIA AND GUIDELINES FOR TAX ABATEMENT
a portion of the value of the real property, or of personal property located on the real property, or
both. The period of the abatement granted under the agreement shall not exceed the term authorized
by law. Such agreement will be based on the condition that the owner or lessee of the property
makes specific improvements or repairs to the property. An agreement may provide for the
exemption of the real property in each year covered by the agreement only to the extent its value
for that year exceeds the b ase 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 personal
property that was located on the real property at any time before the period covered by the
agreement. Inventory or supplies cannot be abated as personal property.
Tax abatements may only be granted for additional value of eligible property improvements made
subsequent to and specified in an abatement agreement between the Taxing Jurisdictions and the
property owner or lessee subject to such limitation as the Taxing Jurisdictions may require. The
additional value must exceed any reduction in the fair market value of other property of the owner
already on the tax roll within the area served by the Taxing Jurisdictions. Change in appraised
value does not qualify for abatement except in an instance where a previously vacant authorized
facility is utilized. Value added to the tax rolls must come from actual capital expenditures.
The negotiation of tax abatement agreements will be conducted by the Paris Economic
Development Corporation's CTEDC") executive director, in close consultation with the city
manager. In determining where and how tax abatements will be utilized, the executive director
will examine the potential return on the public's investment. Return on public investment will be
measured in terms of (i) jobs created, (ii) jobs retained in cases of existing employers within the
Taxing Jurisdictions, and (iii) broadening of the tax base and expansion of the economic base (e.g.
capital investment, payroll, local spending, etc.).
V. Eligibility Criteria for Tax Abatement for Real and Personal Property
A property owner and/or lessee shall be eligible for tax abatement only upon the following criteria.
I lt�biltt ° Criteria for Tax Abatement
Authorized 1. An authorized facility is used for manufac
taring, research, regional distribution, regional services, regional
Facility tourist entertainment, other basic industry, or any primary jobs creating industry. (See Appendix A for
definitions.)
2. A new authorized facility must be created, or an existing authorized facility must be improved, modernized
or expanded.
3. If a leased authorized facility is granted abatement, the agreement may be executed with the lessor and/or
lessee, depcnding upon the particular circumstances ofthe proposed project. If the agreement is with the lessor,
lessor shall demonstrate binding contracts with the lessee to guarantee compliance with the terms of the
Pro ble 2. Elie propropertyv for which abatement created,
... ._, e �� —_ � _.,.
a+-reemen .
gi property ' newly created, or improvements to an existing, authorized facility.
Property gr y be granted includes nonresidential real property and/or tangible
personal property not located on the real property at any time before the abatement agreement becomes
effective.
3. Abatement may be extended to the value of buildings, structures, fixed machinery and equipment, site
improvements, tangible personal property, and that office space and related fixed improvements necessary
to the operation and administration of the authorized facility. I
4. Inventory or supplies shall not be eligible for abatement.
Historic For historic property located in the City of Paris Historic District, see Chapter 30, Article IV of the City of Paris
Property Code of Ordinances - Tax Exemption for Historically Significant Sites. Contact the City of Parisi Community
Value and
Term of
Abatement
Abatement
Evaluation
Criteria
Economic
Qualification
Taxability
(Updated 01-10-2022)
POLICY STATEMENT
CRITERIA AND GUIDELINES FOR TAX ABATEMENT
Development Department for additional mformation on these and other programs offered by the Cite of Paris.
e __
1. The governing bodies of the local 'faxing Jurisdictions will decide whether to grant a tax abatement to an
applicant, and the amount, if any, of such abatement, on a case-by-case basis and in accordance with these
Policies, Criteria and Guidelines.
2. The term of abatements granted under any agreement may not exceed that permitted by applicable
state law.
3. The amount of the abatement shall be based upon a percentage (0 to 100%) of all or a portion of the eligible
property within the authorized facility.
4. Abatements may only be granted for the additional value of eligible real and personal property improvements
made pursuant to and listed in the agreement between the Taxing Jurisdictions and property owner and/or
lessee, subject to such limitations as the Taxing Jurisdictions may require.
5. Real property tax abatement may be granted only to the extent that its value for each year of the agreement
exceeds its value for the year in which the agreement is executed.
6. If a modernization project includes the replacement of improvements within an authorized facility, the value
eligible for abatement shall be the value of the new unit(s), less the value of the replaced unit
The criteria used to evaluate a proposed project application for abatement includes, but is not limited to:
1. The dollar amount of the increase in the tax roll.
2. The number of jobs created or retained by the employer involved.
3. The possible effect on attracting other taxable improvements into the Taxing Jurisdictions.
4. The nature of and overall effect on the Taxing Jurisdictions.
5. The effect on the safety, health, and morals ofthe Taxing Jurisdictions' residents.
6. Any substantial long-term adverse effect on the provision of the Taxing Jurisdictions' services or tax bases.
7. Meeting all relevant zoning requirements.
8. Consistent with the comprehensive plan of the City of Paris and County of Jamar.
9. The types and cost of public improvements and services (water and sewer main extensions, streets and roads,
etc. diction.
10 The ty es and allues ofu bhcjnn provements to be furnished by the applicant.
To be eligible to receive tax abatement, the planned 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 assist in the retention or creation of jobs in the Taxing
Jurisdictions during the term of the agreement.
3. Should not be expected to solely or primarily have the effect of merely transferring existing employment from
one pari of the Taxing Jurisdictions to another without demonstration of increased future investment (dollars
or jobs) or unusual circumstances whereby without such a move employment is likely to be reduced.
4. Must be necessary because capacity cannotbe provided efficiently utilizing existing improved property when
is made for necess:sr� rmi�rovemenis or relevant P-ovemmental actions.
During base � of the
eligible as determined each year by the Lamar County Appraisal ^^e
reasonable
allowance
agreement, taxes shall be payable as follows:
y g• property praisal District, shall be ,
fully taxable.
2. The additional value of eligible property above the base year value shall be taxable in the manner described in
the agreement
3. The Chief Appraiser of the Lamar County Appraisal District shall annually determine an assessment of the
real and personal property comprising the reinvestment zone.
4. Each year, the employer, company or individual receiving an abatement pursuant to an agreement shall fiunish
the assessor with such information as maybe necessary to determine the amount of any abatement.
5. Once such value has been established, the Chief Appraiser shall notify the affected Taxing Jurisdictions which
levy taxes on such property and also notify the Paris EDC.
6. The employer, owner or lessee of eligible property requesting tax abatement within a reinvestment zone
shall, prior to the commencement of eligible property improvements, agree to expend a designated sum of
mond and to create or retain a certain number of jobs, or annual payroll as further defined below.
ll and Job Creation Criteria
Caiital Investtmenl Pavro U
(Updated 01-10-2022)
POLICY STATEMENT
CRITERIA AND GUIDELINES FOR TAX ABATEMENT
A tax abatement may be made available to employers who are increasing new capital investment and creating jobs with respect to
an authorized facility located anywhere within the area served by the Taxing Jurisdictions based on the following criteria.
1. To be eligible for any tax abatement, there must be a minimum capital investment in the authorized facility of $1,000,000 and
at least ten (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.
3. As 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 must 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 different. Each industrial account is looked at and
valued on an individual basis by the Lamar County Appraisal District (LCAD). The typical depreciation used for
industrial accounts by LCAD is as follows:
a. Computers — 3 year life
b. Furniture & Fixtures —10 year life
c. Vehicles— 7 to 10 year life (depending on type)
d. Machinery & Equipment —15 year life (maybe longer or shorter depending on the type)
For each abatement request the PEDC will evaluate the equipment (personal property) investment and useful life separate
from the real estate (real property) investment to determine the length of the abatement 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.
For Ca ital Investment ($1M minimum investment AND 10 jabs for new employers )
....
j Amount of Investment I
Year 1( Year 2 Year 3 µYear 4
Year fi Year 6 Year 7
m
$1,000,000 to $5,000,000 1
70% 60% 1 50% 40%
30% 20% 10%
$5,000,001 to $20,000,000
80% ; 70% 60% 50%
40% _ _30°10 „
20%
$20,000,001 to $25,000,000
_ n
90% 80%�_ 70% 1 60%
50%�.. 40"/°
30%
$25,000,001 and Above
Forprojects with capital investment above $25MAND $2.5Min new annual payroll OR
creating more than 225 new jobs, the term and percentage of the abatement are both
.
!!S oti ble, but cannot exceed 10 years or 100°Jw _
9. An additional 20% abatement for neve job creation is available based on the following requirements:
a. A project that creates a minimum of 10 new jobs.
i b. The new job wages are equal to or greater than the current County average wage for all private sector jobs excluding
�odati. _ ...—.. u e a , Commission
�� retail trade and accommodation and food services ($41,158 annually for 20,13 Source Texas Workforce ��
(Updated 01-10-2022)
POLICY STATEMENT
CRITERIA AND GUIDELINES FOR TAX ABATEMENT
via www tracer2 cgm. (Note: This represents 547 companies, 10,470 jobs and 56% of all private sector employment in
.Lamar County.) l
c. The taxing jurisdictions and the company must agree to include measuring, tracking and annual reporting of the net
job increases (existing jobs plus new jobs) for the entire term of the abatement agreement.
..__ �.m...
For Net New .. .... (N Job Creation , .._ _ _ ion and r 1Retention of
Net Net New Jobs ew
1. 10 new jobs minimum.
2. New job wages � or> average annual
wages for private sector jobs in Lamar
County. (Excluding retail. accommodations, food
service. See Item 9.b. above.)
3. Agree to maintain existing base and new
jobs during the entire term of agreement.
4. ;Year 1 cannot exceed 100%.
20% 20%
�
r 4 Year 5 Year b Year 7
0% 20% 20% 20%
VI. Tax Abatement for Existing Employers Regarding Real or Personal Property.
The Taxing Jurisdictions recognize the value of its existing employers to the well-being 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.
Accordingly, if an existing employer (as opposed to a newly created business or industry moving
into the Taxing Jurisdictions), owns or leases an authorized facility and has plans to improve such
property by constructing 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 maybe 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.
In projects involving existing employers, the criteria for tax abatements for improvements to real
property and for new personal property at authorized facilities set forth in Article V above shall be
(Updated 01-10-2022)
POLICY STATEMENT
CRITERIA AND GUIDELINES FORTAXABATEMENT
waived, provided state law is fully complied with.
The local taxing jurisdictions encourage existing employers to retain as many jobs and as much
existing annual payroll as is economically feasible for the existing employer, while remaining
competitive in its industry.
VII. Greenfield projects
In order to encourage the development of greenfield properties and also to be able to expedite
certain new projects, the criteria for tax abatements for improvements to real property and for new
personal property at authorized facilities set forth in Article V above shall be waived for projects
exclusively involving greenfield properties, provided state law is fully complied with.
VIH, Application Process
Eligibility Any present or potential owner of taxable property in the Taxing Jurisdictions may request tax
abatement by filing a written request with the City Manager or County Judge, with a copy of the
t i �lrcation
forwarded by the applicant to the Executive Director of the Paris IDC.
m _. ,._ -
Form The application shall consist of a completed application form accompanied by the following:
I .
A general description of the improvements to be undertaken together with the proj ected new
value to the property and the type of business operation proposed.
2.
A detailed, descriptive list of the improvements for which abatement is requested.
3.
A list of the kind, number, and location of all proposed improvements of the property.
4.
A list of the number and type of jobs created, including information pertaining to anticipated
job transfers (if any).
5.
A metes and bounds description and plat of the proposed reinvestment zone that shows all
roadways within 200 feet of the reinvestment zone and all existing zoning and land uses
within 200 feet ofthe reinvestment zone.
b.
A time schedule for undertaking and completing the proposed improvements.
7.
The type and value of any additional economic development incentives requested.
8.
Any other information about the proposed project as may be required by the Taxing
Jurisdictions or as deemed desirable by the TaxingJurisdictions.
Review 1.
All applications will be initially reviewed by the PEDC executive director.
Process 2.
An initial project briefing meeting will be conducted between the company's representatives,
the PEDC executive director, the city manager, and the county judge.
3.
The PEDC executive director will evaluate the request for tax abatement in accordance with
these criteria and guidelines and will make his/her recommendation to the Paris City Council
and Lamar County Commissioners Court for their review and possible approval.
4.
After the Paris City Council has been briefed on the proposed tax abatement offer and they
have directed the PEDC executive director to move forward, the Paris City Attorney will
draft the initial tax abatement agreement for review by the PEDC Board and representatives
of each Taxing Jurisdiction.
5.
Electronic versions of the City's abatement agreement will be provided to the County so all
agreements have consistent language, terms and conditions.
6.
Following review of the draft agreement, it will be sent to the applicant's legal counsel for
review and comment. Any changes requested by the tax abatement applicant will be
reviewed by the City Attorney.
7.
Once the Agreement is finalized, it will be placed on the PEDC Agenda for board
recommendation.
8.
Once the Tax Abatement Agreement has been acted on by the PEDC Board, the Agreement
shall be forwarded to the Paris City Council and Lamar County Commissioner's Court for ,
final consideration and action.
Public Hearing 1.
The Taxing Jurisdictions will comply with certain public notices and hearings required as
mandated bstate law under the Proiierty Redevelopment and Tax Abatement Act prior to�
6
(Updated 01-10-2022)
POLICY STATEMENT
CRITERIA AND GUIDELINES FORTAXABATEMENT
the designation of a reinvestment zonand execution o) a tax abatement agreement j
2. The lead Taxing
Jurisdiction (typicallythe Ci ofParis may adopt an ordinance designating
a tax abatement reinvestment zone only after notice of a public hearing has been published at
least seven (7) days before the date of the hearing, and all other procedural requirements of
1 Texas Tax Code have been satisfied.
Findings In
Chapter 312
of these proposed agreement comply with these Policies
agreement, the Taxing Jurisdictions must find that:
p p g p y ,Criteria and
Guidelines.
2. There will be no substantial adverse effect on the provision of Taxing Jurisdictions' services
or tax base.
3. That the planned use of the property will not constitute a hazard to public safety, health or
morals.
4. Incident to approval of any ordinance designating a reinvestment zone, the Taxing
Jurisdictions shall find that the improvements sought are feasible and practical and would be
a benefit to the land to be included in the reinvestment zone and to the Taxing Jurisdictions
after the thea Variances Requests for variance from the agreement_--
Variances of these
iratton of
Policies, Criteria and Guidelines may be made
in writing to the Taxing Jurisdictions; provided, however, that in no event shall the term of any
abatement exceed the period authorized by applicable state law. Such request shall include a
complete description of the circumstances requiring a variance. Approval of a request for
variance shall require the affirmative vote of three-fourths (3/4) of the members of each of the
Taxjjg ud
Proposed The adoption ofthese Policies,Cnterra and Guidelines . �g�ei
�t limit
Agreements the discretion of the Taxing Jurisdictions' governing ning bodies todecdecide to en
into a
Decided on specific tax abatement agreement Nor does it limit their discretion to delegate to their employees
Individual the authority to determine whether or not the Taxing Jurisdiction should consider a particular
Basis application or request for tax abatement, or create any property, contract, or other legal right in any
person or entity to have the Taxing Jurisdiction consider or grant a specified 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 formal tax abatement
legal agreement.
IX. 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 of three-fourths (3/4) of the members of
each governing body (City, County).
For a tax abatement application or additional information contact:
Paris Economic Development Corporation
1125 Bonham Street
Paris, Texas 75460
Phone: 903-784-6964
Fax: 903-784-2503
Website: _ paristexasusa.com
Email: t rise crii:paristex susa com
(Updated 01-10-2022)
POLICY STATEMENT
CRITERIA AND GUIDELINES FOR TAX ABATEMENT
APPENDIX A
Dermion
..:.mm_�..-.-.
Abatement or Tax
or artial exemption from d valorem�taxes of certain real and tangible personal
f p p m a
Abatement
pTheJ
in a Reinvestment Zone designated for economic develo pment 1 wu K poses,_,
ent or
Agreement
Tae
he written legal agreement far tax abatement between a property owner and/or lessee and the
�:
Paris, mar County and Pans Junior College.,-
uthorized
_ _
A facility may be eligible for abatement if it is a facility used for manufacturing, research,
Commercial or
regional distribution, regional services, regional tourist entertainment, other basic industry, or
Industrial. Facility
w any primary jobs creating industry (see definitions below). All authorized facility definitions
include buildings and structures, including fixed machinery and equipment used in operating
the
Authorized
The City. Council of the City of Paris may also designate areas of the City where residenti
Residential Facility
properties may be considered for abatement of City taxes only. The City of Paris will approve
theirresidential abatement policies, criteria and guidelines so crate from these rolicies.
_ -_
_
Manufacturing
T _ .
he purpose of which is or will be the manufacture of tangible goads or materials or the
Facility
processing of such goods or materials by physical or chemical change. Facilities
primarily engaged in assembling component parts of manufactured products are also f
considered manufactu!jRg facihhes. i
Regional
Used primarily to receive, store, service, or distribute goods or materials where a majority of
Distribution Fa ciliy
the goods or services are distributed to points at least 100 miles from its location in the Taxing
�public
Regional Tourist
Jurisdictions of Paris and T amCounty,
Used in providing amm ntertainment through the admission of the general � _—
where
Entertainment
the majority of users reside at least 100 miles from the Taxing Jurisdictions and where the
Facility
majority of users are likely to stay in the Taxing Jurisdictions for more than one day and will
therefore likely utilize local restaurants and hotel/motel accommodations.
__. _,
Research Faciliy
__ — ....- ._
Used primarily for research or experimentation to improve or develop new tangible goods or
_ _
materials processes thereto.
P m... 0 production w—.——
tither Basic or
Not elsewhere described, fon he productioneof oducts or sere
� pr ices which result in the
Service Industry
creation of new j bring the Taxing Jurisdictions (e.g. healthcare -
related industries).
IPrimaary Jobs
Any industry creating "primary jobs" defined as a job that is available at a company for which
Creating Industry
a majority of the products or services of that company are ultimately exported to regional,
statewide, .� econom>.
�of
Base Year Value
� .� prop_ �$new g
The assessed value eh�ahro property as of Januar 1, preceding the date of execution of the
agreement plus the agreed upon value of eligible property improvements made after January
1, but before the execution of the agreement. The Base Year Value may be adjusted either up
or down from leer to pear as per renrhhons icy the Iamar Counter A s raisal District.
ployer
The owner or lessee of property, who is applying for tax abatement and who will provide jobs
and cal)ital investment within the Reinvestment Zone or within the Enterprise •se Zone—
Reinvestment Zone
An area where the Taxing Jurisdictions have decided to influence development patterns and
attract major investments that will contribute to the development of the area through the use of
tax abatement for specified improvements. These statues are found in Chapter 312 of the
Texas Tax Code.
Enter1�nse ZoneAn area of land designated as such under Chap ter 2303 of the Texas Government Code
lob or Jobs
A "job" is when an individual works 40 hours per week for an 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 jab is not a position filled for the
employer as a worker or employee of an employment agency or employment service. "Jobs"
also me Etxivalent defined below h -
ebb
Full-time Equivalent
g g provide a company the maximum flexibility in running
"-the intheir fande-no
busuiessJdecis e
{FTE) Jobs
business making ions, especially related to staffing. The following
definition of FTE willbe reflected in all incentive agreements. An FTE is:
1. An individual working 40 hours per week in a job defined above.
2 A number of Dart -time ' oa bs where the hours worked in each such job is less than 40 hoursler
8
(Updated 01-10-2022)
POLICY STATEMENT
CRITERIA AND GUIDELINES FOR TAX ABATEMENT
..... ........ W.... _ . ......- _ -
made available by one employer and added together to total 40 hours per week. For
example, fourteen (14) part-time jobs made available by one employer where all such part-
time jobs added together require a total of 380 hours of work per week (but no such part-
time job requires 40 hours of work or more per week), will equal nine and one-half (9.5)
FTE jobs (380 hours divided by 40 hours per week equals 9.5).
3 FTE jobs do not re ire the employ p to receive benefits from the eruj)1oyer m...
The
lacement
d upgrading
f existing facilities, which increases the
Modernization 1
output; updates the tecbnology, or sbstantially lowers the unit cost of operation. Modernizatione
may result from the construction, alteration or installation of buildings, structures, fixed
machinery or equipment, but shall not be for the purpose of reconditioning, refurbishing,
Frei )aHILIg, or deferred maintenance. _ -•__-- __
Personal Pro Machinery, i mertt, tools, shelving or materials eligible under applicable law w for tax I
abatemenJ Perry �' ..•..._., which can be Pp
Pro -_. _Real
Property or Personal Property
ed facrht�r .._._ ._.__.�
_ defined herein that is eligible for tax abatement.
Real Property The land within an Enterprise Zone o a Reinvestm
p rty ent Zone, together with all improvements
and cted or otherwise situated thereon
constructed _� _— -. , . _ _,
Tax Abatement I The Tax fixtures
Advisory Committee will be convened from time to time by the Paris
Advisory Committee Economic Development Corporation to study, review and recommend tax abatements to the
applicable Taxing Jurisdictions in the City of Paris and Lamar County, Texas. The Tax
Abatement Advisory Committee will be composed of one person from each of the Taxing
Jurisdictions: the City of Paris (the City Manager or designee), the County of Lamar (the
County Judge or designee), Paris Junior College (the President or designee), the Chief
Appraiser of the Lamar County Appraisal District, and the Executive Director of the Paris
Economic Development Corporation. Recommendations from the Tax Abatement Advisory
Committee shall be decided by majority vote of the representatives from the three taxing I'
entities referenced above. ]
(Updated 01-10-2022)
POLICY STATEMENT
CRITERIA AND GUIDELINES FOR TAX ABATEMENT
APPENDIX B
Abatement Agreement Terms and Conditions
After approval, the Taxing Jurisdictions shall formally pass an order or resolution and authorize the
execution of an agreement with the owner and/or lessee of the authorized facility, which shall
include, but not be limited to the following terms and conditions:
Contract Terms & Conditi
' 'ons
Project The following project specifies willbe included:
Description 1. The base year value.
2. Percent of increased value to be abated each year.
3. The commencement date and the termination date of abatement.
4. Amount of investment and average number of jobs involved during the term of the
agreement.
5. The proposed use of the authorized facility, nature of construction, time schedule, plat,
property description, and improvement list, as provided in the application.
6. A listing of the land, number, location, and costs of all proposed improvements of the
property.
7. A statement limiting the uses of the property consistent with the general purpose of
encouraging development or redevelopment of the reinvestment zone during the period that I
property tax abatement is in effect.
8. That access to the project is provided to allow for the inspection by Taxing Jurisdictions'
inspectors and officials in order to ensure that the improvements or repairs are made
according to the specifications and conditions of the agreement.
4. That property tax revenue lost as a result of the tax abatement agreement will be recaptured
by the Taxing Jurisdictions if the owner of the property fails to make the improvements or
repairs as provided by the agreement.
10. Each term agreed to by the owner of the property.
11. A requirement that the owner of the property shall certify annually to the Taxing Jurisdictions
that the owner is in compliance with each applicable term of the agreement.
12. Contractual obligations in the event of default, violation of terms or conditions, delinquent
taxes, recapture, administration and assignment, or other provisions that may be required by
stats law, or in the discretion of the Taxing Jurisdictions' governing body.
13. That the Taxing Jurisdictions may cancel or modify the agreement if the property owner
fails to compl. with themagreement.
_ _..� . _m ...
Default if the Taxing Jurisdictions determine that the person or entity receiving an abatement is in default
according to the terms and conditions of its agreement, the Taxing Jurisdictions shall notify the
company or individual in writing at the address stated in the agreement, and if such default is not
cured within a reasonable time specified in such notice ("cure period"), then the agreement may
be modified or terminated without further notice. In the event the company or individual allows
its ad valorem taxes owed to the Taxing Jurisdictions to become delinquent and fails to timely
and properly follow the legal procedures for their protest and/or contest, or violates any of the
terms and conditions of the agreement and fails to cure during the cure period, the agreement j
then may be modified or terminated without further notice, and the agreement may provide a
formula for recapture of all orpart of the taxes abated. At any time before the expiration, any tax
abatement agreement may be terminated by mutual consent of all parties involved in the same
manner that^ the aftreement was executed.
ded
a Taxing
on in
n with an application
est
fProprietary
ryfor tax abatement undormation that is er thee Policies, Criteria and Guidelines d that describes the specific
P �y
Information processes or business activities to be conducted or the equipment or other property to be located
on 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 Taxing
Jurisdictions after the aRree ment is executed is not confidential hereunder.
actions I_ The agreement shall stipulate that em oyees and/ or desi$nated representatives of the Taxing
10
Modifications
of Agreement
kaigmuent
Admiruit_rat=3
Contract
review„
Monitoring and
Reporting
(Updated 01-10-2022)
poi,jcy' s"rA'rEMENT
CRITERIA AND GUIDELINES FOR TAXABATEMENT
. . . ..........................
Jun'sdictions will have access to the reinvestment zone during the term of the Weement to inspect
the authorized facility to determine if the terms and conditions of the agreement are being .met.
/W inspections will be awade only after the giving of at least twent3p.four (24) hours' prior
notice and will only be conducted in such an manner as to not unreasonably interfere
with the constrtiction and/or operation of the authorized facility, All inspections will be made,
with one ormore Teprezerttatives of thr company or individual and in woorchmce vd."th its safbty
MMIZU va
standards. 'Upon oorapletion of constmetion, the Taxing Twisdictions shall : y eluate
each authorized -facility receiving abatement to ensure, compliance with the, agreement and report
j -aossible violations of the �&r an 'axing In dictions goveming bodies.
ec . . ....
At any -time before the expimuon of an agreement made under these Policies, Criteria and
Guidelines, the agreement may be modifiedby the pardess to the agmme to include other
pro -visions that could have been included in the original agrement or to delete provisions that
were contained in the original agreentent. 'Me inodificafion must be rnade by th- e same
procedure by which the or.iginal agreement was approved and exccuteA. The original agreement,
however, may not be modified to extend the to of the agreement or the term of abatement.
ted therein bey me perxrdqp�b , tat�. law
__oad the fi
An agreement. may be awmigned to a new ovnw or lessee of the authorized fficility only vdth the
prior written consent of the Taxing,Jurisdictions. Any assigranent shall provide thatt the assignee
shall hTevocably and unconditionaRy ass all the dudes a -ad obligations of" the assignar upon
the sme to and conditions as set out W. the, agreernent, and the Taxing Jurisffictions' approval
shall be subject to the determinafion of the financial capabdity of such assignee. Any assignment
of an agreement sba ll. be to an entity that contemplates -the same improvements or repairs to the
propeaty, except W the extent sunh improvements or repairs have been comply te&:loco assigntnent
shall be approved if the assignor or the assignee is ind6bted to the Taxing Jurisdictions for and
valorem taxes cw other obligations, or if any event of default under the agreement remains
uncure& . . ...... . . . . .........
Each Taxing Jurisrhodon shall be respansiblefbr th- e administration, review, and monitoring
of tax, abatement agreements autherized by, ffiem Taxing Jurisdictions iiinder these, Policies,
Criteria and, Guidelines., These responsibilities shalliIude annually verifying participants in
tax abatement agreemetrLs are in full compliance with the to of the agreement, including
completion and submission of all required documents in a timely mianne.r.
I The .pans C4 Aftomey shall exP rditiouJun
dy advise the Taxing sdictions in writing of any
instances of contract non., -compliance by tax abatement participants. Lu addition, the Pmis (,'ity
Atte rneyshall, on an annual basis, conduct a perfannance rev tew of the activities, ofeach M
abatement participant and report the findings of such review to the leadership and governing
'bodies of each taxing entity.,
3 ° 'rho Taxing Jurisdictions' governing bodies s1rall retain the right to indepoudently renliew and
aadit the activities gni" tax. abatement, participants, aind shdIbe respomible for enforcement of
the tenns ofa4y tax abatement agreement autharm.ed hcreunder.
4" Annually the Buis City Attomey shall report to each of the gone bodies on its
u2nitqriq, asd compliance activities and the status of all existing abatement. agreev�q
... ....................
11
CERTIFICATE OF COMPLETION
STATE OF TEXAS §
COUNTY OF LAMAR §
CITY OF PARIS §
The City of Paris, Texas has executed and delivered a Tax Abatement Agreement (the
"Agreement") dated June 27, 2022, with LIONSHEAD PARIS, 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 ExhibitA 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 2023 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 2024 and 2025; 75% in years
2026 and 2027; 50% in years 2028 and 2029; and 25% in the year 2030, 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, 2022,
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, 2024, and ending December 31, 2030.
APPROVED this day of 0 .
m...m_ .......,................ Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
EXHIBIT 5
Annual Certificate of Compliance/Non-Compliance Year 1--2024
Tax Abatement Agreement ("the Agreement")
Between the City of Paris, Texas
And Lionshead Paris, LLC
THE STATE OF TEXAS §
COUNTY OF LAMAR §
INITIAL WHERE APPROPRIATE:
OR:
Dated June 27, 2022
Lionshead Paris, LLC (the "Company") hereby certifies that:
(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 Paris, LLC certifies that the company is not in compliance with its
agreement with City of Paris for the year
Please Circle the number of the item(s) above in which you believe that the Company
has failed to comply and state in what way compliance with the term or terms were
not met. Attach additional pages if necessary.
EXHIBIT 6
VERIFICATION
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, affiant testified:
"My name is m...m...... 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."
Signature of Company Representative
Position/Title
Sworn to and subscribed before me this the _ day of _......................—, 20_.
Notary Public, State of Texas
Annual Certificate of Compliance/Non-Compliance Year 2--2025
Tax Abatement Agreement ("the Agreement")
Between the City of Paris, Texas
And Lionshead Paris, LLC
Dated June 27, 2022
THE STATE OF TEXAS §
COUNTY OF LAMAR
INITIAL WHERE APPROPRIATE:
I
Lionshead Paris, 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 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
2025.
(6) All other terms and conditions of this Agreement have been complied
with.
Lionshead Paris, LLC certifies that the company is not in compliance with its
agreement with City of Paris for the year
Please Circle the number of the item(s) above in which you believe that the Company
has failed to comply and state in what way compliance with the term or terms were
not met. Attach additional pages if necessary.
VERIFICATION
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, 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."
Signature of Company Representative
Position/Title
Sworn to and subscribed before me this the _ day of ._„ 20_.
Notary Public, State of Texas
Annual Certificate of Compliance/Non-Compliance Year 3--2026
Tax Abatement Agreement ("the Agreement")
Between the City of Paris, Texas
And Lionshead Paris, LLC
Dated June 27, 2022
THE STATE OF TEXAS §
COUNTY OF LAMAR §
INITIAL WHERE APPROPRIATE:
OR:
Lionshead Paris, LLC (the "Company") hereby certifies that:
(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 hereto 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.
Lionshead Paris, LLC certifies that the company is not in compliance with its
agreement with City of Paris for the year
Please Circle the number of the item(s) above in which you believe that the Company
has failed to comply and state in what way compliance with the term or terms were
not met. Attach additional pages if necessary.
VERIFICATION
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, affiant testified:
"My name is w w ... 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."
Signature of Company Representative
Position/Title
Sworn to and subscribed before me this the day of . „ 20_.
Notary Public, State of Texas
Annual Certificate of Compliance/Non-Compliance Year 4--2027
Tax Abatement Agreement ("the Agreement")
Between the City of Paris, Texas
And Lionshead Paris, LLC
THE STATE OF TEXAS §
COUNTY OF LAMAR §
INITIAL WHERE APPROPRIATE:
OR:
Dated June 27, 2022
Lionshead Paris, 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.
Lionshead Paris, LLC certifies that the company is not in compliance with its
agreement with City of Paris for the year
Please Circle the number of the item(s) above in which you believe that the Company
has failed to comply and state in what way compliance with the term or terms were
not met. Attach additional pages if necessary.
VERIFICATION
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, 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."
Signature of Company Representative
Position/Title
Sworn to and subscribed before me this the _ day of ........mmmmm................. _ 20_.
Notary Public, State of Texas
Annual Certificate of Compliance/Non-Compliance Year 5--2028
Tax Abatement Agreement ("the Agreement")
Between the City of Paris, Texas
And Lionshead Paris, LLC
Dated June 27, 2022
THE STATE OF TEXAS §
COUNTY OF LAMAR §
INITIAL WHERE APPROPRIATE:
OR:
Lionshead Paris, LLC (the "Company") hereby certifies that:
(1) All ad valorem taxes have been paid to City and all other taxing entities.
(2) In 2028, 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
2028.
(6) All other terms and conditions of this Agreement have been complied
with.
Lionshead Paris, LLC certifies that the company is not in compliance with its
agreement with City of Paris for the year
Please Circle the number of the item(s) above in which you believe that the Company
has failed to comply and state in what way compliance with the term or terms were
not met. Attach additional pages if necessary.
VERIELAJTQN
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned notary, on this day personally appeared
.._.. m, the affiant, 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."
Signature of Company Representative
Position/Title
Sworn to and subscribed before me this the _ day of _.., 20_.
Notary Public, State of Texas
Annual Certificate of Compliance/Non-Compliance Year 6--2029
Tax Abatement Agreement ("the Agreement")
Between the City of Paris, Texas
And Lionshead Paris, LLC
Dated June 27, 2022
THE STATE OF TEXAS §
COUNTY OF LAMAR §
INITIAL WHERE APPROPRIATE:
OR:
Lionshead Paris, LLC (the "Company") hereby certifies that:
(1) All ad valorem taxes have been paid to City and all other taxing entities.
(2) In 2029, 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
2029.
(6) All other terms and conditions of this Agreement have been complied
with.
Lionshead Paris, LLC certifies that the company is not in compliance with its
agreement with City of Paris for the year
Please Circle the number of the item(s) above in which you believe that the Company
has failed to comply and state in what way compliance with the term or terms were
not met. Attach additional pages if necessary.
VERIFICATION
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, 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."
Signature of Company Representative
Position/Title
Sworn to and subscribed before me this the _ day of .... .. 20_.
Notary Public, State of Texas
Annual Certificate of Compliance/Non-Compliance Year 7--2030
Tax Abatement Agreement ("the Agreement")
Between the City of Paris, Texas
And Lionshead Paris, LLC
Dated June 27, 2022
THE STATE OF TEXAS §
COUNTY OF LAMAR §
INITIAL WHERE APPROPRIATE:
Lionshead Paris, LLC (the "Company") hereby certifies that:
(1) All ad valorem taxes have been paid to City and all other taxing entities.
(2) In 2030, 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
2030.
(6) All other terms and conditions of this Agreement have been complied
with.
Lionshead Paris, LLC certifies that the company is not in compliance with its
agreement with City of Paris for the year
Please Circle the number of the item(s) above in which you believe that the Company
has failed to comply and state in what way compliance with the term or terms were
not met. Attach additional pages if necessary,.
VERIFICATION
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, 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."
Signature of Company Representative
Position/Title
Sworn to and subscribed before me this the _ day of w,..w 20_.
Notary Public, State of Texas