2006-048-RES-Tax Abatement Warehouse 107
RESOLUTION NO. 2006-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING A TAX ABATEMENT
AGREEMENT WITH PARIS WAREHOUSE 107, INC.; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, desires to promote the
development or redevelopment of a certain contiguous geographic area within its jurisdiction as
authorized by the Property Redevelopment and Tax Abatement Act, as amended; and,
WHEREAS, the City Council has been presented a proposed agreement by and between the
City of Paris, Paris, Texas, and Paris Warehouse 107, Inc., providing for a commercial and industrial
tax abatement for certain improvements, a copy of which is attached hereto and incorporated herein
by reference hereinafter called "AGREEMENT"; and,
WHEREAS, on the 27th day of March, 2006, a public hearing was held, and the City, at such
public hearing, invited any interested person to appear and speak for or against the requested tax
abatement for Paris Warehouse 107, Inc., identified as Tax Abatement No. 13; and,
WHEREAS, upon full review and consideration of the AGREEMENT, and all matters
attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof
should be approved, and that the Mayor should be authorized to execute it on behalf of the City of
Paris; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 terms and conditions of the proposed AGREEMENT between the City
of Paris and Paris Warehouse 107, Inc. (Tax Abatement No. 13), 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 3. 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.
Section 4. That the terms of the Tax Abatement Agreement and the property the subject
thereof meet the Guidelines and Criteria heretofore adopted by the City of Paris by Resolution No.
2006-042, passed March 13,2006.
Section 5. That, by hereby granting the tax abatement, there will be no substantial adverse
effect on the provision of City services or on its tax base.
Section 6. 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 7. That this approval and execution of the AGREEMENT on behalf of the City is
not conditional upon approval and execution of any other tax abatement agreement by any other
taxing entity.
Section 8. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this the 27th day of March, 2006.
ATTEST:
APPROVED AS TO FORM:
~
fe~
hn D. Lestock, Assistant City Attorney
THE STATE OF TEXAS )
)
COUNTY OF LAMAR )
T AX ABATEMENT AGREEMENT
This agreement is entered into by and between the CITY OF PARIS, PARIS, TEXAS, a
municipal corporation, situated in Lamar County, Texas, acting by and through its authorized officer
whose signature appears below (hereinafter called "CITY"), and PARIS \V AREH 0 USE 107, IN C.,
a corporation, acting by and through its authorized officer whose signature appears below
(hereinafter referred to as "OWNER").
\V I T N E SSE T H:
\VHEREAS, the City Council of the City of Paris did heretofore, on the 22nd day of
September, 2004, in Resolution No. 2004-164, 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 tern1 interest and benefit of the City and its citizens;
and,
\VHEREAS, the City Council of the City of Paris did heretofore, following public hearings
as required by law, on the 4th day of December, 1997, pass Resolution No.97-143, establishing an
Enterprise Zone in the City of Paris, hereinafter called CITY, for commercial and industrial tax
abatement (hereinafter refen'ed to as the "ORDINANCE"), as authorized by the Texas Enterprise
Zone Act, Chapter 2303, Texas Government Code, as amended (the "Act"); and
\VHEREAS, 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
\VHEREAS, the City Council of the City of Paris on the 12th day of December, 2005, in
Resolution No. 2005-144, as amended by Resolution No. 2006-042, dated March 13,2006, passed
and adopted appropriate guidelines and criteria governing tax abatement agreements to be entered
into by the CITY as required by the Property Redevelopment and Tax Abatement Act, as amended;
NOW, THEREFORE,
The Parties hereto do mutually contract and agree as follows:
TAX ABATBIENT AGREDIE:'iT. Page I
EXHIBIT A.
I.
Term
1.1 The tem1 of this AGREEMENT shall begin on the 27 day of March, 2006, with, as
hereinafter provided, tax abatement granted herein beginning with the tax year beginning January
1,2007, and expiring on December 31,2013.
II.
Area to be Improved
2.1 The PROPERTY to be the subject of this AGREEMENT shall be that PROPERTY
described in Exhibit A, attached hereto, which is made a part hereof and shall be hereinafter referred
to as PROPERTY.
III.
Improvements
3.1 The OWNER's current facilities consist of land, buildings, and other structural
improvements, all as shown on Exhibit A, attached hereto. The purpose of the improvements is to
add a minimum of 150,000 square feet of warehouse space adjacent to our current facility located
at 2300 13th Street, S.W., Paris, Texas, with the construction of a new building, in order (i) to retain
the current jobs provided in the community by the OWNER, (ii) to provide to the customers of the
OWNER additional warehouse space in the Paris, Texas, area that is less expensive to them than
warehouse space which may be obtained elsewhere, and (iii) by lowering the costs to OWNER'S
customers, to enable them to obtain more volume in their respective businesses. The OWNER shall
make improvements to its real property(herein referred to as the PROPERTY) in the location shown
on Exhibit A attached hereto, by constructing on its PROPERTY an additional amount of at least
150,000 square feet of warehouse space (herein referred to as the IMPROVEMENTS, described in
detail in Exhibit B attached hereto and made a part hereon. The IMPROVEMENTS will also be.
described in CITY'S Certificate of Completion prepared after the completion of construction of the
IMPROVEMENTS, which Certificate of Completion shall be furnished to and filed with the Chief
Appraiser of the Lamar County Appraisal District, duly executed by the Mayor of the City of Paris
in the form attached hereto as Exhibit C. The IMPROVEMENTS wiIl be at a cost equal to or in
excess of$3, 150,000.00 for building construction, and shaIl be substantiaIly completed on or about
January 1, 2007; provided, that 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
faithfuIly 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, or the public enemy, 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. The date of completion
of the IMPROVEMENTS shall be defined as the date a Certificate of Occupancy is issued by the
City of Paris, or as otherwise agreed in writing by the parties.
TAX ABATDIENT AGREEMENT - PlIge 2
IV.
Consideration
Improvements
4.1 The OWNER agrees and covenants that it will diligently and faithfully, in a good and
workmanlike manner, pursue the completion of the IMPROVEMENTS. As a good and valuable
consideration of this AGREEMENT, OWNER further covenants and agrees that all construction of
the IMPROVEMENTS will be in accordance with all applicable state and local laws, codes and
regulations or will procure a valid waiver thereof. In further consideration, O\VNER shall thereafter,
from the date a Certificate of Occupancy is issued or the IMPROVEMENTS are completed as
agreed, until the expiration of this AGREEMENT, continuously operate and maintain the
PROPERTY, inc luding the speci fic units 0 f new equipment as identi tied herein, as a production and
manufacturing plant.
V.
Consideration
Jobs
5.1 The OWNER currently has 133 pet111anent full-time employees at the existing site
who live in the Enterprize Zone. In addition, the OWNER employs another 21 persons in pemlanent
full-time jobs in the City of Paris, Texas, and another 4 persons in pennanent full-time jobs in Lamar
County, Texas. No new jobs will be created by OvVNER as a result of the addition of the
IMPROVEMENTS described herein.
5.2 OWNER agrees that during the tenn of this AGREEMENT it will not reduce
employment below the total of the number of permanent full-time jobs referred to above (i. e. 158
such jobs) in Lamar County, Texas.
VI.
Default
6.1 In the event that (a) the IMPROVEMENTS forwhich 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) the jobs required to be retained
by OWNER in Section 5.2 above are not maintained in accordance with this AGREEMENT; or (c)
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 (d)
OWNER materially breaches any ofthe other tenns and conditions ofthis AGREEMENT, then this
AGREEMENT shall be in default. In the event the OWNER defaults in its perf0t111anCe of either
(a), (b) (c) or (d) above, then the CITY shall give the O\VNER written notice of such default and if
the OWNER has not cured such default within sixty (60) days of said written notice, this
AGREEMENT may be modified or terminated by the CITY. Notice shall be in accordance with
paragraph 13.3. As liquidated damages in the event of default, and in accordance with the
requirements 0 f Section 312.205 (a)( 4) 0 f the Property T ax Code of the State of Texas, all taxes
TAX ABA TDIE~T AGREE:\IE:"iT .I'OIge 3
which otherwise would have been paid to the CITY without the benefit of abatement, together with
interest to be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the
Property Tax Code 0 f the State 0 fT exas, wi th all penalti es permi tted by the Property Redevelopment
and Tax Abatement Act and the Property 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. The parties acknowledge that actual damages in the event of default and termination would
be speculative and difficult to detennine.
VII.
Tax Abatement
7.1 Subject to the temlS and conditions of this AGREEMENT, 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 the PROPERTY specifically upon which they are
constructed and otherwise owed to the CITY, shall be abated. Said abatement shall be (i) an amount
equal to eighty percent (80%) of the taxes assessed upon the completed value of the
IMPROVEMENTS and the PROPERTY upon which they are constructed on January 1, of the year
in which the tax abatement commences that is granted by this AGREEMENT, with such tax
abatement continuing at such percentage for the first three (3) years of this AGREEMENT. Then,
in accordance with the terms of the POLICY STATEMENT CRITERIA AND GUIDELINES FOR
T AX ABATEMENT adopted by the CITY, said tax abatement will be reduced by 20% of the
original percentage abated [which was 80%], beginning with year four (4) of this AGREEMENT.
Thereafter, in years 5,6 and 7 of this AGREEMENT, there will be a similar reduction of the tax
abatement of 20% in each such year of the original percentage of taxes abated, until 1 00% of the
valuation of the IMPROVEMENTS and the PROPERTY upon which they have been constructed
is added to the tax rolls. This formula is exemplified in Exhibit 0 attached to this AGREEMENT.
This tax abatement shall in accordance with all applicable state and local regulations or valid waiver
thereof; provided that the O\\'NER shall have the right to protest or contest any assessment of the
PROPERTY or of the IMPROVEMENTS, 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 initial value of the existing PROPERTY of the O'vVNER that is not subject to
tax abatement and which does not include any IMPROVEMENTS (as defined herein) shall be
deemed to be the value as shown on the tax rolls of the Lamar County Appraisal District as of
January I of the year in which this AGREEMENT is executed, said amount being $7,500.00
(composed offive (5) acres ofland valued@$1,500.00peracre). The current abatement which is
the subject of this AGREEMENT shall extend for a period of seven (7) years, beginning on January
1,2007.
7.2 The abatement granted herein shall be subject to and governed by the POLICY
STATEMENT CRITERIA AND GUIDELINES for TAX ABATEMENT, a copy of which is
attached hereto as Exhibit E, and OWNER shall comply with the requirements of Exhibit E in the
performance of this AGREEMENT, save and except that, in the event of a conflict between the
TAX AnA TE~IE:'1T AGREDIENT. Page ~
requirements of Exhibit E and this AGREEMENT, this AGREEMENT shall control.
VIII.
No Conflict of Interest
8.1 The OWNER represents and warrants that the PROPERTY does not include any
property that is owned or leased by a member of the Planning and Zoning Commission of the City
of Paris, nor by a member of the City Council approving, or having responsibility for the approval
of, this AGREEMENT.
IX.
Conditions
9.1 The terms and conditions of the AGREEMENT are binding upon the successors and
assigns of all parties hereto.
9.2 It is understood and agreed between the parties that the OWNER, in perfom1ing its
obligations hereunder, is acting independently, and the CITY assumes no responsibility or liability
in connection therewith to third parties; and OWNER agrees to indemnify and hold harmless the
CITY therefrom. It is further understood and agreed among the parties that the CITY, in performing
its obligations hereunder, is acting independently, and the O\VNER assumes no responsibility or
liability in connection therewith to third parties and, to the extent pennissible by law, the CITY
agrees to indemnify and hold hannless the O\VNER therefrom.
X.
Compliance Provisions
10.1 The O\VNER agrees that the CITY, its agents and employees, shall have the
reasonable right of access to records conceming 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 notice at least fourteen (14) days in advance 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 Repo11 with an itemized list
of assets placed into service from the date of execution of this AGREEMENT to December 31, 201l
The Asset Report will provide 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.
10.2 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
IMPROVEMENTS, the CITY shall have the continuing right to inspect the PROPERTY to insure
that it is thereafter maintained and operated in accordance with this AGREEMENT during the term
TAX ABA TEME:';T AGREEMENT. Page 5
of the AGREEMENT. All inspections will be made only after giving the OWNER 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 by one (1) or more representatives of the
OWNER and shall sign an agreement promising to maintain the confidentiality of any infom1ation
they obtain in connection therewith except for the purposes of assessing and collecting ad valorem
taxes and verifying or enforcing compliance with this AGREEMENT. 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.
XI.
Initial and Annual Reporting
11.1 The OWNER further agrees that it will, within thirty (30) days of completion of the
IMPROVEMENTS, provide CITY with a sworn report, written on company letterhead and signed
by a designated representative of OWNER, which contains the following infom1ation:
(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 IMPROVEMENTS;
(c) Detailed description of any miscellaneous items of office equipment and the actual
cost of such added office equipment;
(d) 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) Detailed list of and actual cost of added machinery and equipment;
(0 Actual cost of capital IMPROVEMENTS; and,
(g) Date of substantial completion of the IMPROVEMENTS as defined in paragraph 3.1
hereof.
11.2 The OWNER further agrees that it will provide CITY v,;ith an annual, sworn report
which shall certify, in writing, that it is in compliance with each applicable tem1 of this
AGREEMENT. Such annual report shall be furnished on the forms provided by the City and
attached hereto as Exhibit F.
11.3 In addition to the annual report required under Section 11.2 hereof, the OWNER
further agrees that it will provide CITY a copy of its Texas Workforce Commission Employer's
Quarterly Report within thirty (30) days of its filing of the same with the Texas Workforce
TAX AliA TEi\lEi'iT AGREEMENT .I'agc 6
Commission.
XII.
Authority to Contract
12.1. This AGREEMENT was authorized by resolution ofthe City Council at its regularly
scheduled meeting on the 27th day of March, 2006, authorizing the Mayor to execute the
AGREEMENT on behalf of the CITY.
12.2 This AGREEMENT was entered into by PARIS WAREHOUSE 107, INe. 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 ofthe 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 ofIaw, 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 (I) 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
PARIS WAREHOUSE 107, INe.
Attn: Mr. W. W. Harper
2300 13th St. S.W.
Paris, TX 75460
CITY
City Manager
City of Paris
P. O. Box 9037
Paris, Texas 75461-9037
With a Copv To:
Mr. David Owens
Paris Warehouse 107, Inc.
2300 13th St. S.W.
Paris, Texas 75460
City Clerk
City of Paris, Texas
P. O. Box 9037
Paris, Texas 75461-9037
TAX A 11:\ TEMENT ACREDIENT. Page 7
13.4 If any ternl or provision of this AGREEMENT shall be declared unconstitutional or
void by any court 0 f competent jurisdiction, the constitutionality and validity 0 fthe remainder of said
AGREEMENT shall not be affected thereby, and to this end the terms and provisions of said
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 ternlS 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 refelTing 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 pennitted 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.
Witness our hands this 27th day of March, 2006.
CITY OF PARIS, PARIS, TEXAS
By:
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
City Attorney
TAX ABATEMENT AGREEMENT. Page 8
By:
ATTEST:
Secretary
PARIS 'WAREHOUSE 107, INC.
Woodrow Wilson Harper, President
TAX AliA lHIEi'\T ACREEMENT .I'agc 9
APPLICATION FOR TAX ABATEMENT AGREEMENT
(Follows this Page)
CITY OF PARIS, PARIS, TEXAS
TAX ABATEMENT AND REINVESTMENT ZONE DESIGNATION
APPLICATION
THIS APPLICA TION MUST BE RECEIVED BY THE CITY NOT LESS THAN SIXTY (60) DA YS PRIOR TO THE
DATE THAT CONSTRUCTION OF THE IMPROVEMENTS IS EXPECTED TO COMMENCE.
1. NAME OF APPLICANT FIRM:
Paris Warehouse 107, Inc.
2. ADDRESS:
_2300 13th S.W., Paris, Texas 75460
3. TELEPHONE: 903-737-0522
4. PROJECT ADDRESS (if different from above):
_2300 13th SW, Paris, Texas
5. TYPE OF BUSINESS ORGANIZATION (corporation, etc.):
_ Corporation
in the state of Texas
6. NAME(S) OF PRINCIPAL OWNERS OR OFFICERS:
_Woodrow Wilson Harper
_Susan Harper
7.
IS THIS BUSINESS SEASONAL IN NATURE:
YES X NO
8. NUMBER OF CURRENT EMPLOYEES: We Pack Paris Employees
(in Enterprise Zone)
133
(in City of Paris)
154
(in Lamar County)
158
9. CURRENT PAYROLL (in City of Paris):
$_3,647,000 annually
10. NUMBER OF NEW JOBS PROPOSED:
see # 11
11. LIST THE TYPE AND NUMBER OF NEW JOBS TO BE CREATED AND THE PROJECTED
SALARY FOR EACH JOB:
_This expansion is for the purpose of retainingjobs serving two of our customers who have recently
announced expansions to their facilities. These expansion announcements happened after our most recent
expansion in 2005. If we do not provide the space to serve them, they will have to seek additional space out of
the Paris area and the commitment required on their part may have a negative impact on volume retained in
Paris. We Pack currently has 154 full time employees within the City of Paris with full benefits including
health insurance, 401 k, paid vacations and holidays, access to dental, vision, and disability insurance, and an
annual payroll of $3,647,000.
12. PLEASE PROVIDE INFORMATION PERTAINING TO THE TRANSFER OF JOBS RELATED
TO THE IMPROVEMENTS OR EXPANSION:
13. TOTAL IMPACT ON PAYROLL FROM NEW JOBS:
14. PRE-PROJECT MARKET VALVES, AS DETERMINED FOR LOCAL PROPERTY TAXA TrON,
OF THE EXISTING FACILITY, SITE, TANGIBLE PERSONAL PROPERTY, AND
INVENTORY:
A. REAL PROPERTY: 5 acres @ $1,500 per acre
$_7,500
B.
T ANGlBLE PERSONAL PROPERTY
$ 0
15. GlVE A DETAILED DESCRIPTION OF THE PROPOSED IMPROVEMENTS OR EXPANSION
(ATTACH ADDITIONAL SHEETS, IF NECESSARY):
_ Weare planning to add a minimum of 150,000 square feet of warehouse space adjacent to our
current facility located at 2300 13th S.W., Paris, Texas with the construction of a new building. In addition to
retaining the current jobs, we are confident that providing our customers with warehouse space in the Paris area
that is cheaper than warehouse space obtained elsewhere will help lower their costs and enable them to obtain
more volume because of these lowered costs. This additional volume should lead to more employment
opportunities for both We Pack and their customers.
16. THE ESTIMATED DATE OF COMPLETION OF THE IMPROVEMENTS:
January 0 I, 2007
17. THE ESTIMATED DATE OF OPERATION OF THE IMPROVEMENTS OR EXPANSION:
Sixty days after the completion of the building, or approximately March - April
2007.
18. ESTIMATES OF AMOUNTS TO BE INVESTED:
A. PURCHASE OF LANDIBUILDING: $
B. NEW BUILDING CONSTRUCTION: $
C. BUILDING ADDITIONS: $
D. IMPROVEMENTS TO EXISTING BLDG. $
E. MACHINERY & EQUIPMENT: $
F. FURNITURE & FIXTURES: $
TOTAL INVESTMENT Al\IOUNT $
$3,150,000
3,150,000
19. TOTAL INVESTMENT ELIGIBLE FOR ABATEMENT:
$_3,150,000 from item 17 (please circle) A !! C D E F
20. LIST THE TYPE AND VALUE OF ECONOMIC DEVELOPMENT INCENTIVES REQUESTED
(I.E., TAX ABATEMENT, LOCAL SALES TAX REFUND, SALE OF CITY-OWNED
PROPERTY, ETC.):
_ Tax Abatementj80% of taxes as described in section V, c $
of the City of Paris, Texas Criteria & Guidelines for tax abatement)$
$
21. FOR TOTAL PERSONAL PROPERTY INVESTMENT INDICATED ABOVE IN ITEM 19, LINES
E & F, SHOW PROJECTED DOLLAR VALUE IN EACH DEPRECIATION SCHEDULE.
I. (7 yr) _
IV. (\ 6 yr)
II. (10 yr)
V. (18 yr)
III. (\ 2 yr)
VI. (20 yr)
22. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM NUMBER: 49311/488991
23. NAME, ADDRESS, AND PHONE NUMBER OF CONTACT FOR THE PURPOSES OF THIS
APPLICATION:
_David Owens, 2300 13th S.W., Paris, Texas 75460 903-783-7139
24. INDICATE THE DATE AND TIME THAT CITY OFFICIALS MAY INSPECT THE CURRENT
FACILITIES PRIOR TO THE COMMENCEMENT OF CONSTRUCTION:
_Anytime by appointment with David Owens
25. IF APPLICABLE, THE NAME, ADDRESS, AND PHONE NUMBER OF ANY CONSULTANT/
FINANCIAL ADVISOR ASSISTING YOU WITH THIS APPLICATION:
None
26. NAME AND TITLE OF PERSON WHO WILL HAVE AUTHORITY TO SIGN ANY
AGREEMENTS RELATED TO THIS APPLICATION:
Woodrow Wilson Harper
27. DO YOU INTEND TO SUBMIT AN ENTERPRISE PROJECT APPLICATION? YtS
28. PLEASE A IT ACH THE FOLLOWING:
1. A PLAT SHOWING THE PRECISE LOCATION OF THE PROPERTY, ALL
ROADWAYS WITHIN 200 FEET OF THE SITE, AND ALL EXISTING ZONING
AND LAND USES WITHIN 200 FEET TO THE SITE. (Plat of current location as
well as the legal description of the property for the building site is attached. There
are no public roadways within 200 feet of the site and all of the land. The property
being is zoned light commercial.)
2. IF THE PROPERTY IS DESCRIBED BY METES AND BOUNDS, A COMPLETE
LEGAL DESCRIPTION.
3. IF A RECENT APPRAISAL HAS BEEN DONE, A IT ACH THE SAME HERETO.
OTHER WISE, ATTACH A COpy OF THE PRINTOUT FROM THE LAMAR
COUNTY APPRAISAL DISTRICT WHICH SHOWS THE VALUE OF THE
PROPERTY. THIS PRINTOUT SHOULD BE AVAILABLE UPON REQUEST.
(A copy of a printout from the Lamar County Appraisal District is attached.)
CERTIFICATIONS
1. THE APPLICANT BELIEVES THE INFORMATION CONTAINED HEREIN AND
SUBMITTED HEREWITH IS COMPLETE AND CORRECT TO THE BEST OF HIS
OR HER KNOWLEDGE.
2. THE APPLICANT HEREBY CERTIFIES THAT THE EXPANSION OR
CONSTRUCTION OF IMPROVEMENTS THE SUBJECT OF THIS APPLICATION
HAS NOT BEEN COMMENCED.
3. THE APPLICANT UNDERSTANDS THAT INITIATION OF THE PROJECT PRIOR
TO RECEIVING FINAL LOCAL APPROVAL MAY RESULT IN THE LOSS OF
THE ABATEMENT.
4. THE APPLICANT UNDERSTANDS THAT, IF APPROVED, THE INFORMATION
CONTAINED IN THIS APPLICATION WILL FORM THE BASIS FOR A SIGNED
AGREEMENT BETWEEN THE APPLICANT FIRM AND THE CITY. STATE LAW
AND LOCAL POLICY REQUIRE ANNUAL MONITORING FOR COMPLIANCE TO
THAT AGREEMENT. FAILURE TO COMPLY MAY RESULT IN LOSS OF
INCENTIVES.
5. THE APPLICANT HEREBY CERTIFIES THAT THE FIRM IS CURRENT IN ALL
TAX OBLIGATIONS TO THE CITY OF PARIS.
COMPANY:
By:
'i
Inc.
Name: David Owens
Title: Vice-President - Operations
Date: February 28, 2006
EXHIBIT A TO TAX ABATEMENT AGREEMENT
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(903) 784-6393
File Name: WEPACK
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Lot 5, Block A
Southwest Industrial Park No,1
Envelope 286-A
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Field Notes
Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a
part of the Asa Jarman Survey, Abstract 479, and the James Bourland Survey, Abstract
069, also being Tract 2 conveyed to James L. Clifford and Geraldine Clifford by deed
recorded in Volume 644, Page 941, of the Lamar County Deed Records, and being
further described as follows:
Beginning at and iron pin found at the Southeast corner said Tract 2 and in the
North Line of Lot 5-A of Paris Industrial Park No.1 as shown by plat recorded in Envelope
286-A of the Lamar County Plat Records, and being further described as follows:
Thence West with the South Line of Tract 2 and with the North Line of said Lot'
5, (same line called West in V.644, P.941, and used as the bearing base) a distance of
925.56 feet to an iron pin found at the Southwest corner of Tract 2, at the Northwest
comer of Lot 5, in the East right-of-way of the Santa Fe Railroad, and in a curve to the
left having a radius of 5495.85 feet;
Thence Northeasterly with said East right-of-way the following:
Around said curve to the left, long chord bears North 420 11' 56" East a
distance of1233.84 feet, an arc distance of 1236.45 feet to a
point for corner;
South 540 14' 47" East a distance of 12.96 feet to a point for corner in a
to the left having a radius of 5508. 74 feet;
Around said curve to the left, long chord bears NOlth 290 57' 00" East a
distance of 1113.34, an arc distance of 1115,24 feet to an iron pin
found corner;
North 640 10' 33" West a distance ofl2,89 feet to an iron pin found for
corner in a to the left having a radius of 5495.85 feet;
Around said curve to the left, long chord bears North 22Q 37' 58" East a
distance of291, 10, an arc distance of291.13 feet to point at the
northwest corner of Tract 2;
Thence South 680 53 J 05" East a distance of 4. 41 feet to an iron pin found at the
Northeast comer of Tract 2 and in the West right-ot:way ofrhe former Southern Pacific
Railroad, said point also being in a curve to the left having a radius of3995, 15 feet;
Thence Southerly with said West right-of-way and around said curve to the left,
long chord bears South 160 32' 32" West a distance of614.69, an arc distance of615.30
feet to a point for comer;
Thence South 14023' 51" West, continuing with said West right-of-way, a
distance of 1605,00 feet to the place of beginning, and containing 15,704 acres ofland.
II R. Brandon Chaney, Registered Professional Land Surveyor No. 4~~Zk 's:..
State of Texas, state that the above Plat and Field Notes depict and represent an ~~t~~ i}~ 7'~>",
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Survey ma~e on the ground under my supervision and fimshed /';.'.~~'i;::\\ .~?;:~~~!:,,~
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EXHIBIT B TO TAX ABATEMENT AGREEMENT
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EXIBIT B
Improvement Description
We will be building a dock-high, enclosed metal building which will be a
minimum of 150,000 S.F. with a concrete slab floor which will be used for
overflow warehouse proposes.
EXHIBIT C TO TAX ABATEMENT AGREEMENT
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EXHIBIT C
CERTIFICATE OF COMPLETION
STATE OF TEXAS }
COUNTY OF LAMAR }
CITY OF PARIS }
The City of Paris has included the property described in Exhibit A attached hereto into
the Enterprize Zone established for the City of Paris, Texas, under Resolution No. 97-143,
adopted by the City Council of the City of Paris, on December 4, 1997, and executed a tax
abatement agreement with [] for certain improvements or repairs.
[] has complied with all terms of the tax abatement agreement and the City of Paris
herein verifies that the improvements agreed to be built or used were in fact completed, as
provided.
NO\V, THEREFORE, the City of Paris authorizes that the property described herein
shall receive a tax abatement of []% of the taxes assessed upon the increased value of the
improvements over the value in the year in which the tax abatement agreement was executed
for a duration of [] years, beginning January 1, [].
APPROVED this day of
Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
, City Attorney
EXHIBIT D TO TAX ABA TEIVIENT AGREE~IENT
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Exhibit 0
Tax Abatement for Real Property; Creation of Jobs
For Paris Warehouse 107, Inc. (We Pack)
Annual
Year' Abatement Abatement % _ Appraised Value Abatement Amount
, Schedule"
1 . 100% 80.0% $ 3,150,000.00 $ 2,520,000.00
2 100% 80.0% $ 3,150,000.00 $ 2,520,000.00
3 100% 80.0% $ 3,150,000.00 $ 2,520,000.00
4 80% 64.0% $ 3,150,000.00 $ 2,016,000.00
5 60% 48.0% $ 3,150,000.00 $ 1,512,000.00
6 40% 32.0% $ 3,150,000.00 $ 1,008,000.00
7 20% 16.0% $ 3,150,000.00 $ 504,000.00
8* 0% 0.0% $ 3.150,000.00 $ -
· Starting the 8th year the company will pay 100% of their taxes.
.. This schedule shows how the original abatement % is affected for a
specific year. (Example: During the first 3 years the company will
receive 100% of the original abatement percentage. In year 4 the
company will receive 80% of the original abatement percentage.)
EXHIBIT E TO TAX ABATEMENT AGREEMENT
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EXHIBIT E
CITY OF PARIS, TEXAS
POLICY STATEMENT
CRITERIA AND GUIDELINES
FOR TAX ABATEMENT
I. General Purpose and Objectives.
The City of Paris, Texas (herein called the "City") is committed to enhancing the
competitiveness and the expansion potential of the City's manufacturing industry; to attracting
and encouraging new manufacturing industry and investment; to improving the City and its
infrastructure which attracts and supports development; and, to expanding the tax base,
employment opportunities, and the overall quality of life for its citizenry. Therefore, the City
will give consideration, on a case-by-case basis, to providing tax abatement according to state
law to the owners of real property for projects which stimulate economic growth and
diversification in the City.
Tax abatement benefits may be made available to industrial, manufacturing,
distribution, and service facilities currently in the City or locating in the City if 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 is under no obligation to provide tax abatement to
any applicant.
II. Definitions
a) "Abatement" or "abatement" means "tax abatement", which is the full or partial
exemption from ad valorem taxes of certain real and tangible personal property in a
Reinvestment Zone designated for economic development purposes.
b) "Agreement" means the written agreement for tax abatement between a property
owner and/ or lessee and the City.
c) "Authorized Facility", A facility may be eligible for abatement if it is a Manufacturing
Facility, a Research Facility, a Regional Distribution Facility, a Regional Tourist Entertainment
Facility or Other Basic Industry (all of which terms are defined below); or if the facility is a
Historic Property defined in Section IV (b) below within a City of Paris Historical District.
d) "Base Year Value" means the assessed value of eligible property as of January I,
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 year to year as per renditions by the
Lamar County Appraisal District.
e) "Employer" means the owner or lessee of Property who provides Jobs within the
Reinvestment Zone or within the Enterprise Zone, applying for tax abatement.
~ "Enterprise Zone" means an area of land designated as such under Chapter 2303 of
the Texas Government Code.
g) "Jobs" or "a Job" as used herein means a position of full-time employment for an
individual to work 32 hours or more per week for an Employer, in which position the
individual is provided the benefits normally offered by the Employer, such as health insurance,
vacation time and some form of retirement benefit. A Job is not a position filled for the
Employer as a worker or employee of an employment agency or service. "Jobs" as used herein
includes "Full-time Equivalent Jobs", as defined below.
h) "Pull-time Equivalent Jobs" means a number of part-time jobs where the hours
worked in each such job is less than 32 hours per week, made available by one Employer and
added together. For example, sixteen (16) part-time jobs made available by one Employer
where all such part-time jobs added together require a total of 352 hours of work per week (but
no such part-time job requires 32 hours of work or more per week), will equal eleven (11) Full-
time Equivalent Jobs (352 hours divided by 32 hours per week equal 11 ). Full-time Equivalent
Jobs do not require the employee to receive benefits from the Employer.
i) "Manufacturing Facility" means buildings and structures, including fixed machinery
and equipment, the purpose of which is or will be the manufacture of tangible goods or
materials or the processing of such goods or materials by physical or chemical change. Facilities
primarily engaged in assembling component parts of manufactured products are also
considered manufacturing facilities.
j) "Modernization" means the replacement and upgrading of existing facilities which
increases the productive input or output, updates the technology, or substantially lowers the
unit cost of operation. Modernization 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, repairing, or deferred maintenance.
k) "Other Basic Industry" means buildings and structures, including fixed machinery
and equipment, not elsewhere described, used, or to be used for the production of products or
services which result in the creation of new Jobs and bring new wealth into the City.
1) "Personal Property" means machinery, equipment, tools, shelving or materials eligible
under applicable law for tax abatement, which can be removed from an authorized facility
described in Section IV (a) below.
m) "Property" means Real Property or Personal Property defined herein, as is applicable
according to the context where used herein, that is eligible for tax abatement.
n) "Real Property" means the land within an Enterprise Zone or a Reinvestment Zone,
together with all improvements and fixtures constructed or otherwise situated thereon.
2
0) "Regional Distribution Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used primarily to receive, store, service, or distribute
goods or materials where a majority of the goods or services are distributed to points at least
100 miles from its location in the City.
p) "Regional Tourist Entertainment Facility" means buildings and structures, including
fixed machinery and equipment, used or to be used in providing amusement/ entertainment
through the admission of the general public where the majority of users reside at least 100 miles
from the City and where the majority of users are likely to stay in the City for more than one
day and will therefore likely utilize local restaurants and hotel/motel accommodations.
q) "Reinvestment Zone" is an area where the City or County has 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.
r) "Research Facility" means buildings and structures, including fixed machinery and
equipment, used or to be used primarily for research or experimentation to improve or develop
new tangible goods or materials or to improve or develop the production processes thereto.
s) "Tax Abatement Committee" means the committee of persons designated from time
to time by the Paris Economic Development Corporation to study, review and recommend tax
abatement to the applicable taxing entities in the community. The Tax Abatement Committee
will be composed of one person from each of the City (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.
III. Designation of a Reinvestment Zone.
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 Sec. 312.401 (b)).
For any area within the jurisdiction of the City 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.
IV. Tax Abatement Authorized.
The City, through its Council, may agree in writing with the owner and/ or lessee of
taxable Real 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 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
3
Real Property in each year covered by the agreement only to the extent its value for that year
exceeds the Base 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 abatement may only be granted for additional value of eligible Property
improvements made subsequent to and specified in an abatement agreement between the City
and the Property owner or lessee subject to such limitation as the City may require. The
additional value must exceed any reduction in the fair market value of other property of the
owner already on the tax role with the jurisdiction of the City. 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 achtal capital expenditures.
The negotiation of tax abatement contracts will be conducted by the Paris Economic
Development Corporation, in conjunction with the City Manager or designee to the Tax
Abatement Committee. In determining where and how tax abatement will be utilized, the Tax
Abatement Committee 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 City, and (iii) broadening of the tax base, and expansion of the
economic base.
A property owner and/ or lessee shall be eligible for tax abatement only upon the
following terms and conditions:
a) If the Property involved is an Authorized Facility.
b) If the Property involved is a Historic Property. In the City Historic Districts there are
certain commercial and residential tax exemptions allowed. Exterior improvements in the
historic districts are allowed at 100% for seven (7) years with a minimum investment of $5,000
for residential property and $10,000 for commercial property. New residential construction
requires a minimum investment of $100,000 to be considered for a three (3) year 100%
exemption. New commercial construction requires a minimum investment of $200,000, for a
100% tax exemption for three (3) years.
c) If there will be the creation of new value. Abatements may only be granted for the
additional value of eligible Real and Personal Property improvements, subject to such
limitations as the City may require. 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.
d) If there will be new Authorized Facilities created, or if existing Authorized Facilities
will be improved for purposes of modernization or expansion.
e) Eligible Property. 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
4
Authorized Facility; provided, however, that inventory or supplies shall not be eligible for
abatement. Eligible property for which abatement may 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.
~ Leased Authorized Facilities. If a leased Authorized Facility is granted abatement,
the agreement may be executed with the lessor and/ or lessee, depending upon the particular
circumstances of the 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
agreement.
g) Value and Term of Abatement. The City will decide whether to grant tax abatement
to an applicant, and the amount, if any, of such abatement, on a case-by-case basis and in
accordance with these Criteria and Guidelines. The term of abatement granted under any
agreement may not exceed that permitted by applicable state law. 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. Abatement may only be granted for the additional
value of eligible property improvements made pursuant to and listed in the agreement between
the City and property owner and/ or lessee subject to such limitations as the City may require.
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(s). The criteria that will be used in evaluating a particular application for
abatement will include, but not be limited to:
1) The dollar amount of the increase in the tax roll for the proposed project;
2) The number of Jobs created or retained by the Employer involved;
3) The possible effect the proposed project will have on attracting other taxable
improvements into the City;
4) The nature of the proposed project and its overall effect on the City;
5) The proposed project's effect on the safety, health, and morals of the City's
residents;
6) VVhether the proposed project will have any substantial long-term adverse
effect on the provision of City services or its tax base;
7) VVhether the project meets all relevant zoning requirements;
8) VVhether the project is consistent with the comprehensive plan of the City or
County of Lamar; and
9) The types and cost of public improvements and services (water and sewer
main extensions, streets and roads, etc.) required of the City and the types
and values of public improvements to be furnished by the applicant.
5
h) Economic Qualification. In order 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 the retention or
creation of Jobs in the City 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 part of the City 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 cannot be provided efficiently utilizing
existing improved Property when reasonable allowance is made necessary
improvements or relevant governmental actions.
i) Taxability. During the term of the agreement, taxes shall be payable as follows:
1) The Base Year of eligible property as determined each year by the Lamar
County Appraisal District shall be fully taxable; and
2) The additional value of eligible property above the Base Year Value shall be
taxable in the manner described in the agreement.
The Chief Appraiser of the Lamar County Appraisal District shall annually determine an
assessment of the Real and Personal Property comprising the Reinvestment Zone. Each year,
the Employer, the company or individual receiving abatement pursuant to an agreement shall
furnish the assessor with such information as may be necessary to determine the amount of any
abatement. Once such value has been established, the Chief Appraiser shall notify the affected
jurisdictions which levy taxes on such Property and the Paris Economic Development
Corporation.
The Employer, owner or lessee of eligible Property requesting tax abatement within a
Reinvestment Zone shall, prior to the commencement of eligible property improvements, agree
to expend a designated sum of money and to create or retain a certain number of Jobs, or
annual payroll as further defined below.
V. Tax Abatement for Real Property; Creation of Jobs:
Tax abatement may be made available to Employers creating Jobs with respect to an Authorized
Facility located anywhere within the City or its extra territorial jurisdiction based on the
following:
6
a) To be eligible for any tax abatement, there must be a minimum capital investment in
the Authorized Facility of $250,000 and at least ten (10) new Jobs added to the Employer's labor
force.
b) When an abatement percentage has been agreed upon it shall be granted for years one
(1) through three (3); thereafter, there will be a 20% reduction in the origina1.percentage abated
beginning with year four (4) and a similar reduction of 20% in each of the next three years until
100% of the Real Property valuation is added to the tax rolls. This formula is exemplified in Exhibit
II A ", attached to this document.
c) Criteria for qualification for tax abatement are as follows:
Capital Investment
$250,000-$500,000
$500,001-$750,000
$750,001-$1,000,000
$1,000,001-$1,500,000
$1,500,001-$2,000,000
$2,000,001-$3,000,000
$3,000,001-$4,000,000
$4,000,001-$5,000,000
$5,000,001-$10,000,000
and Newly Created
Minimum Annual Payroll
$125,000
$325,000
$635,000
$945,000
$1,260,000
$1,570,000
$1,880,000
$2,190,000
$2,500,000
or Jobs
Created
10- 25
26-50
51-75
76-100
101-125
126-150
151-175
176-200
201- 225
Possible Abatement
(lst 3 Years Only)
20%
30%
40%
50%
60%
70%
80%
90%
100%
d) Any project with a capital investment of more than ten million dollars ($10,000,000),
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. No abatement will be granted for more than specified in state law.
e) If a newly created business is located or will locate within an Enterprise Zone, an
additional 10 to 20% abatement may be available as individually negotiated, with total
abatement not to exceed 100%.
VI. Tax Abatement for Personal Property; Creation of Jobs:
The City recognizes a significant difference in the valuation of real property and
personal property. Because of depreciation schedules, often the abatement of personal property
is basically a tax exemption. For this reason, the abatement schedule for personal property
versus real property is significantly different. If personal property should become obsolete and
be replaced while under an abatement agreement, the replacement personal property is not
eligible for abatement.
a) To be eligible for any tax abatement on Personal Property, there must be a minimum
capital investment of $250,000 in Personal Property and at least ten (10) new Jobs added to the
Employer's labor force.
7
b) When an abatement percentage has been agreed upon it shall be granted for years one
(1) through three (3); thereafter, there will be a 20% reduction in the original percentage abated
beginning with year four (4) and a similar reduction of 20% in each of the next three years until
100% of the Personal Property valuation is added to the tax rolls. This formula is exemplified in
Exhibit "B", attached to this document.
c) Criteria for qualification for tax abatement are as follows:
Capital Investment
Newly Created
Minimum Annual Payroll
$125,000
$325,000
$635,000
$945,000
$1,260,000
$1,570,000
$1,880,000
$2,190,000
$2,500,000
$250,000-$350,000
$350,001-$500,000
$500,001-$750,000
$750,001-$1,000,000
$1,000,001-$1,250,000
$1,250,001-$1,500,000
$1,500,001-$1,750,000
$1,750,001-$2,000,000
$2,000,001-$3,000,000
or Jobs
Created
10-25
26-50
51-75
76-100
101-125
126-150
151-175
176-200
201-225
Possible Abatement
(1st 3 Years Only)
20%
30%
40%
50%
60%
70%
80%
90%
100%
d) Any project with a capital investment in personal property of more than three million
dollars ($3,000,000), 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) new Jobs
will be individually negotiated. No abatement will be granted for more than specified in state
law.
e) If a newly created business is located or will locate within an Enterprise Zone, an
additional 10 to 20% abatement may be available as individually negotiated, with total
abatement not to exceed 100%.
VII. Tax Abatement for Existing Employers Regarding Real or Personal Property.
The City recognizes the value of its existing Employers to the well-being of the
community and desires to encourage existing Employers to remain in the City 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 City),
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 Criteria and Guidelines, such
Employer may be eligible for tax abatement with respect to such improvements to its Real
Property or its new Personal Property under the provisions of Article V and VI above, even if
8
no new Jobs or Newly Created Minimum Annual Payroll are created. In these cases involving
existing Employers, the criteria for tax abatement for improvements to Real Property at
Authorized Facilities are identical to that set forth in Article V above (except that no new Jobs or
Newly Created Minimum Annual Payroll are required); and the criteria for tax abatement for
new Personal Property added to Authorized Facilities are identical to that set forth in Article VI
above (except that no new Jobs or Newly Created Minimum Annual Payroll are required). In
this regard, however, the City encourages existing Employers to retain as many Jobs and as
much existing Aru1Ual Payroll as is economically feasible for the existing Employer to do and
remain competitive in its industry.
VIII. Application.
a) Eligibility. Any present or potential owner of taxable property in the City may
request tax abatement by filing a written request with the City Manager or County Judge, with
a copy of the said application to be forwarded by the applicant to the Executive Director of the
Paris Economic Development Corporation.
b) Form. The application shall consist of a completed application form accompanied by
the following items:
1) A general description of the improvements to be undertaken together with the
projected 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;
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 of the Reinvestment Zone;
6) A time schedule for undertaking and completing the proposed
improvements;
7) The type and value of any economic development incentives requested; and
8) Any other information about the proposed project as may be required by the
City or as deemed desirable by the City.
c) Review. Once the application has been received, the information submitted will be
reviewed by the Tax Abatement Committee for completeness and accuracy. The Committee
9
will then distribute the application to the appropriate department heads and taxing entities for
review and comment. In addition, no tax abatement application shall be considered for further
processing by the governmental entities unless first approved by the governing board of the
Paris Economic Development Corporation.
d) Public Hearing. The City will comply with certain public notices and hearings
required as mandated by state law under the Property Redevelopment and Tax Abatement Act
prior to the designation of a Reinvestment Zone and execution of a tax abatement agreement.
The City 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 Chapter 312 of the Texas Tax Code have been
satisfied.
e) Findings. In order to enter into an agreement, the City must find that the terms of the
proposed agreement comply with these Guidelines and Criteria, that there will be no
substantial adverse affect on the provision of City services or tax base, and that the planned use
of the Property will not constitute a hazard to public safety, health or morals. Incident to
approval of any ordinance designating a Reinvestment Zone, the City 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 City after the expiration of the agreement.
D Variances. Requests for variance from the provisions of these Guidelines may be
made in writing to the City; 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 the City
Council.
IX. Agreement.
After approval, the City 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:
a) The Base Year Value;
b) Percent of increased value to be abated each year;
c) The commencement date and the termination date of abatement;
d) Amount of investment and average number of jobs involved during the term ofthe
agreement;
e) The proposed use of the Authorized Facility, nature of construction, time schedule,
plat, property description, and improvement list, as provided in the application;
D A listing of the kind, number, location, and costs of all proposed improvements of the
10
Property;
g) 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 property tax abatement is in effect;
h) That access to the project is provided to allow for the inspection by City inspectors
and officials in order to ensure that the improvements or repairs are made according to
the specifications and conditions of the agreement;
i) That property tax revenue lost as a result of the tax abatement agreement will be
recaptured by the City if the owner of the Property fails to make the improvements or
repairs as provided by the agreement;
j) Each term agreed to by the owner of the Property;
k) A requirement that the owner of the Property shall certify annually to the City that
the owner is in compliance with each applicable term of the agreement;
1) 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 state law, or in the discretion of the City Council; and
m) That the City may cancel or modify the agreement if the Property owner fails to
comply with the agreement.
X. Default. If the City determines that the person or entity receiving an abatement is in default
according to the terms and conditions of its agreement, the City 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 City 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 then may
be modified or terminated without further notice, and the agreement may provide a formula for
recapture of all or part 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 agreement was executed.
XI. Confidentiality of Proprietary Information. Information that is provided to a taxing unit in
connection with an application or request for tax abatement under these Guidelines and that
describes the specific 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 City after the agreement is executed is not confidential under these Guidelines.
11
XII. Proposed Tax Abatement Agreements to be decided on an Individual Basis. The
adoption of these Guidelines by the City does not limit the discretion of the City Council to
decide whether to enter into a specific tax abatement agreement, or limit the discretion of the
City Council to delegate to its employees the authority to determine whether or not the City
should consider a particular application or request for tax abatement, or create any property,
contract, or other legal right in any person 01' entity to have the City Council consider or grant a
specified application or request for tax abatement.
XIII. Inspections. The agreement shall stipulate that employees and/ or designated
representatives of the City will have access to the Reinvestment Zone during the term of the
agreement to inspect the Authorized Facility to determine if the terms and conditions of the
agreement are being met. All inspections will be made only after the giving of at least twenty-
four (24) hours' prior notice and will only be conducted in such a manner as to not
unreasonably interfere with the construction and/ or operation of the Authorized Facility. All
inspections will be made with one or more representatives of the company or individual and in
accordance with its safety standards.
Upon completion of construction, the City shall annually evaluate each Authorized Facility
receiving abatement to ensure compliance with the agreement and report possible violations of
the agreement to the City Council.
XIV. Modifications of Agreement. At any time before the expiration of an agreement made
under these Guidelines, the agreement may be modified by the parties to the agreement to
include other provisions that could have been included in original agreement or to delete
provisions that were contained in the original agreement. The modification must be made by
the same procedure by which the original agreement was approved and executed. The original
agreement, however, may not be modified to extend the term of the agreement or the term of
the abatement granted therein beyond the time permitted by state law.
XV. Assignment. An agreement may be assigned to a new owner or lessee of the Authorized
Facility only with the prior written consent of the City. Any assignment shall provide that the
assignee shall irrevocably and unconditionally assume all the duties and obligations of the
assignor upon the same terms and conditions as set out in the agreement, and the City's
approval shall be subject to the determination of the financial capability of such assignee. Any
assignment of an agreement shall be to an entity that contemplates the same improvements or
repairs to the Property, except to the extent such improvements or repairs have been completed.
No assignment shall be approved if the assignor or the assignee is indebted to the City for ad
valorem taxes or other obligations, or if any event of default under the agreement remains
uncured.
XVI. Administration, Contract Review and Monitoring, and Reporting.
a) The Paris Economic Development Corporation shall be primarily responsible for the
administration, review, and monitoring of tax abatement agreements authorized by the City
under these Guidelines. These responsibilities shall include verifying that participants in tax
abatement agreements are in full compliance with the terms of the agreement.
12
b) The Paris Economic Development Corporation shall expeditiously advise the City in
writing of any instances of contract non-compliance by tax abatement participants. In addition,
the Paris Economic Development Corporation shall, on an annual basis, conduct a performance
review of the activities of each tax abatement participant and report the findings of such review
to the City Council.
c) The City shall retain the right to independently review and audit the activities of tax
abatement participants.
d) The City shall be responsible for enforcement of the terms of any tax abatement
agreement authorized hereunder.
XVII. Amendments. These Guidelines are effective for a two (2) year period from the date of
their adoption, unless amended or repealed by the affirmative vote of three-fourths (3/4) of the
members of the City Council.
For a tax abatement application or additional information contact:
Paris Economic Development Corporation
1125 Bonham Street
Paris, Texas 75460
903-784-2501
800-727-4789
Fax 903-784-2503
Email pedc@paristexas.com
13
EXHIBIT A
TO GUIDELINES AND CRITERIA
(Follows this Page)
Exhibit A
Tax Abatement for Real Property; Creation of Jobs
Annual
Year . Abatement Abatement % Appraised Value Abatement Amount
Schedule*"
1 100% 80.0% $ 3,150,000.00 $ 2,520,000.00
2 100% 80.0% $ 3,150,000.00 $ 2,520,000.00
3 100% 80.0% $ 3,150,000.00 $ 2,520,000.00
4 80% 64.0% $ 3,150,000.00 $ 2,016,000.00
5 60% 48.0% $ 3,150,000.00 $ 1,512,000.00
6 40% 32.0% $ 3,150,000.00 $ 1,008,000.00
7 20% 16.0% $ 3,150,000.00 $ 504,000.00
8* 0% 0.0% $ 3,150,000.00 $ -
· Starting the 8th year the company will pay 100% of their taxes.
.. This schedule shows how the original abatement % is affected for a
specific year. (Example: During the first 3 years the company will receive
100% of the original abatement percentage. In year 4 the company will
receive 80% of the original abatement percentage.)
EXHIBIT B
TO GUIDELINES AND CRITERIA
(Follows this Page)
Exhibit B
Tax Abatement for Personal Property; Creation of Jobs
, ~ ----
Annual
Year' Abatement Abatement % Appraised Value Abatement Amount
Schedule**
1 100% 100.0% $ 17,700,000.00 $ 17,700,000.00
2 100% 100.0% $ 17,700,000.00 $ 17,700,000.00
3 100% 100.0% $ 17,700,000.00 $ 17,700,000.00
4 80% 80.0% $ 17,700,000.00 $ 14,160,000.00
5 60% 60.0% $ 17,700,000.00 $ 10,620,000.00
6 40% 40.0% $ 17,700,000.00 $ 7,080,000.00
7 20% 20.0% $ 17,700,000.00 $ 3,540,000.00
8* 0% 0.0% $ 17,700,000.00 $ .
* Starting the 8th year the company will pay 100% of their taxes.
.. This schedule shows how the original abatement % is affected for a
specific year. (Example: During the first 3 years the company will receive
100% of the original abatement percentage. In year 4 the company will
receive 80% of the original abatement percentage.)
EXHIBIT F TO TAX ABATEMENT AGREEMENT
(Follows this Page)
INITIAL REPORTING REQUIREMENTS
The following information must be provided, in writing, to the City of Paris, the County of
Lamar, and Paris Junior College on company letterhead, sworn to and signed by a designated
representative of the company. Such letter must be received by the taxing entities within thirty (30)
days of the date of completion of the improvements described in the Tax Abatement Agreement(s)
but, under no circumstances, shall the deadline for such report be extended to later than sixty (60)
days after the required date of completion provided in said Agreement(s).
(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 IMPROVEMENTS;
( c) Detailed description of any miscellaneous items of office equipment and the actual
cost of such added office equipment;
(d) Copy of or identification of plans and specifications of constructed improvements
and the location of the same for inspection by taxing entities' certification tean1s;
(e) Detailed list of and actual cost of added machinery and equipment;
(Q Actual cost of capital IMPROVEMENTS; and,
(g) Date of substantial completion of the IMPROVEMENTS as defined in paragraph 3.1
of the Agreement.
EXHIBIT F
AFFIDA VIT
I, the undersigned, duly authorized to make this Affidavit on behalf of
(Company), on my oath as an officer of said
(Company), hereby swear and affirm that the documents and information prepared under
my direction and attached hereto containing the names, dates of hire, and places of residences of the
hirees of those employees filling the (number) new, permanent jobs created in
accordance with the terms of the Tax Abatement Agreement(s) with the City of Paris, the County
of Lamar, and Paris Junior College dated , are, in al.! things, true and
correct.
Witness my hand this _ day of
'-'
Name:
Title:
STATE OF
)
)
)
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she 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
'-'
Notary Public, State of
EXHIBIT F
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CERTIFICA TION
I, the undersigned, hereby certify that the (number) new, permanent jobs
required by the Tax Abatement Agreements with the City of Paris, County of Lamar, and Paris
Junior College are still in existence and filled by permanent employees. I further certify that
(Company Name) is in compliance with each
applicable term of the aforementioned Tax Abatement Agreements.
Witness my hand this _ day of
Name:
Title:
8T ATE OF
)
)
)
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she 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
Notary Public, State of
EXHIBIT F