2006-020-ORD-TAX ABATEMENT KIMBERLY CLARKORDINANCE NO. 2006 -020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF
REINVESTMENT ZONE NO. 15 IN SUPPORT OF A TAX ABATEMENT
AGREEMENT WITH KIMBERLY -CLARK CORPORATION; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING FOR 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 by the
creation of a reinvestment zone for commercial and industrial tax abatement, as authorized by the
Property Redevelopment and Tax Abatement Act, as amended; and,
WHEREAS, on the 8th day of May, 2006, a public hearing before the City Council was held
regarding the creation of a Reinvestment Zone No. 15 in support of a Tax Abatement Agreement
with Kimberly -Clark Corporation, and the City, at said public hearing, invited any interested person
to appear and speak for or against the designation of said Reinvestment Zone; and,
WHEREAS, in conformance with Section 312.201(d)2 of the Tax Abatement Act, the City
provided in excess of seven (7) days written notice of the aforesaid public hearing to the presiding
officer of each taxing unit with jurisdiction over the real property within the proposed Reinvestment
Zone; and,
WHEREAS, the City also complied with the requirements of the Tax Abatement Act by
publishing notice of said hearing in the Paris News at least seven (7) days before the hearing; and,
WHEREAS, the City also complied with all posting requirements of State Law with regard
to providing proper notice of the hearing as part of the City's agenda for its regular meeting at which
the public hearing was conducted; and,
WHEREAS, having heard the comments received at the aforesaid public hearing, and
considered the proposals ofthe Kimberly -Clark Corporation for said tax abatement, the City Council
has determined that designating the property described herein as Reinvestment Zone No. 15 in
support of a Tax Abatement Agreement with Kimberly -Clark Corporation is in the best interest of
the City and the health, safety, and welfare of its citizens; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the facts and recitations contained in the preamble of this Ordinance are
hereby found and declared to be true and correct.
Section 2. That the City has made the following findings and determinations:
a) That the boundaries of a proposed reinvestment zone are depicted on the plat
attached hereto as Exhibit A, hereinafter referred to as Reinvestment Zone No. 15;
and,
b) That creation of the proposed reinvestment zone will result in benefits to the City and
to land included in the zone and that the improvements sought are feasible and
practical and will be of benefit to the zone after the expiration of the Tax Abatement
Agreement; and,
C) That the proposed reinvestment zone meets the criteria for the creation of a
reinvestment zone as set forth in the Property Redevelopment and Tax Abatement
Act, as amended, in that it is "reasonably likely as a result of the designation to
contribute to the retention or expansion of primary employment or to attract major
investment in the zone that would be a benefit to the property and that would
contribute to the economic development of the City "; and,
d) That the proposed reinvestment zone meets the City's policy on guidelines and
criteria for the creation of a tax abatement reinvestment zone and eligibility for tax
abatement.
Section 3. That, pursuant to the Property Redevelopment and Tax Abatement Act, as
amended, the City hereby creates a reinvestment zone for commercial and industrial tax abatement
encompassing the area depicted on the plat attached hereto as Exhibit A, and such reinvestment zone
is hereby designated and shall hereafter be referred to as Reinvestment Zone No. 15 of the City of
Paris, Paris, Texas.
Section 4. That the zone shall take effect as of the effective date of this Ordinance, and shall
remain designated as a commercial and industrial reinvestment zone for a period of five (5) years
from such date of designation. Prior to or upon such date of expiration the City Council may renew
such designation for an additional successive period not exceeding five (5) years; provided, no
agreement may be extended beyond ten (10) years from the date of the original agreement.
Section 5. That, to be considered for execution of an agreement for tax abatement, the
commercial and industrial project shall:
a) Be located within the designated zone; and,
b) Be reasonably expected to increase the appraised value of the property; and,
C) Be expected to prevent the loss of employment, retain, or create employment on a
permanent, full -time basis in the City during the term of the Agreement; and,
d) 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; and,
e) Promote among equally qualified job applicants the hiring of employees first from
within the corporate limits of the City of Paris, and second from within the County
of Lamar, State of Texas, subject to the laws and regulations of the United States of
America and the State of Texas and subject to any labor contracts currently in effect
and any successive contracts or past practices; and,
f) Not include property that is owned or leased by a member of the City Council of the
City of Paris nor by a member of the Planning and Zoning Commission; and,
g) Conform to all the requirements of the City's zoning ordinance; and,
h) Be consistent with the comprehensive plan of the City of Paris.
Section 6. That written agreements with the property owner(s) located within the zone shall
include, but not be limited to, the following terms:
a) percent of increased value to be abated each year;
b) the commencement date and the termination date of Abatement;
C) amount of investment involved during the term of the Agreement;
d) the proposed use of the facility, nature of construction, time schedule, plat, property
description, and improvement list, as provided in the Application;
e) a listing of the kind, number, location, and costs of all proposed improvements of the
property;
f) a statement limiting the uses of the property consistent with the general purpose of
encouraging development or redevelopment of the zone during the period that
property tax exemptions are in effect;
g) that access to the project be 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;
h) 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;
i) each term agreed to by the owner of the property;
j) a requirement that the owner of the property shall certify annually to the City Council
that the owner is in compliance with each applicable term of the agreement;
k) 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
1) that the City Council may cancel or modify the agreement if the property owner fails
to comply with the agreement.
Section 7. That if any section, paragraph, clause, or provision of this Ordinance shall, for
any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance.
Section 8. That it is hereby found, determined, and declared that a sufficient notice of the
date, hour, place, and subj ect of the meeting ofthe City Council at which this Ordinance was adopted
was posted at a place convenient and readily accessible at all times as required by the Open Meetings
Act, V.T.C.A., Government Code, Chapter 551.
Section 9. That this Ordinance shall take effect immediately from and after its passage by
the City Council.
PASSED AND ADOPTED this 8th day of May, 2006 by the City Council of the City of
Paris, Paris, Texas.
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
rDLestock, Assistant City Attorney
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Sitaated about 24 uilcs South 50 Oc9. k'oi't- or. nu city cif reris;`frunty of.l: -ar
nd State of l Texas, art of or the
06)acre tract of I ndd conveycd DonnacJonesCet aIby�'
313,. and being >! j'
,recd recorded n Vol. $D4, Pa9e 519, of lh'e Dted Records of said County and State.
Deginning at an Iron •pih for corner at the )lorthcast corner of.the N,H.•Courland.
171 at an el corner of said Jones et al tract of-land.
I71�cncc along the South Boundary Ling of said Jones ct a7 trtict of lend ss fdT- .
lo,+s :t;orth. 89.Deg• IS }tin. Earst 644 ft., South 89 Deg. 30 141n. East 386 ft.) Cast at i
y768,5 ft. Wssih9 the Soullrcist corner of said Cruise Survey and continuing on a. Loo
distance of ]194.5 ft, to an iron pin for eoraer;
Thence Borth 31 Deg. 30 JStn. East along the L:dst boundary, Line of Tara Road')37
a distance of rLh 3 ft. to an iron pin for corner at Cho aiast i•bsierly i:ol`neast cor+t
ner.of said Jones et 4. tract of land and the Southesst eprner of a tract* of
land Paris. 'E6xas lndu%Lrial• Foundation by decd recorded in Vol. 554.
page 519, of said Decd Records;
711cnce along tile South Boundary tine of said Foundation and the )forth Doundary
tine of said Jones et al tract of land as folly +s: ,South 89 Oeg. t ?est IS51 ft.; 1'arth
84 Dcg, 33 lain. West 3182 ft. to a point for corner•In a pool at the Southwest corner
of said foundation tract of land and an el corner of said Jones et a) tract 'of land,*
Thence South 4 Deg. 33 NSA. East a distance of 742 ft. -to the place of begfnning
T"CT IZ
Situated 2-� miles South 50 Deg. k'est of the'City of Paris, County of tasaar,
and State of Texas, a part of the Lemuel rover Survey 1313, and being a part of
a 268.06 acre tract of land conveyed Donna Jones. et al by deed recorded In Vol.
SSI. Page 579, of the Deed Records of said County and.Stale.
Beginning at ah iron pin for corner in the Nest Boundary Line of said tver
Survey at an el corner of said Jones et.•al tract of land; said point being the• "
Southeast corner of the Isaac Cruise Survey f)6Z and the Jlorthcast comer of the'
m.r.qi p.R:R., co. Survcy t637.
7hcnce South 0 Deg.')S }sin. k'est a distance of 924 ft. Wan Iron pin for
corner at the host Easterly Southticst corner of laid Jones- ct All tract of land;
Thence East a distance of 1062 ft. to an iron pin for corner at -the Soc,thacst
corner of a tract of land conveyed 81.11), J. Partridge by deed recorded in Vol.
581, Pa§g 203. orsaid -Decd Records, said -point being k'csf a dtstanrcbf —?0c1 ft - -
fron tl&6 most Easterly Southeast corner of said .Jonas et al tract of lsnd;
7hcnce forth 34 Deg. East a disia. ice of •350 ft, to an iron pin, for corner
at the 1,,orthuctt *corner of said partridge tract of land: '
•7hcnce South 39 Deg. 45 }IA. Cast a distance of 200 ft, to an iron pin for
corner at the Aorthcast corner, of. said Partridge tract of land;
71)cncC along the licit Boundary Linc'of Fara Road 13.7 as follo�+s: Around a
curve to the lift 164 ft.; Jiorih 2S Deg. 1S giia. East 76 ft.; north 31 Dc9. 30
);in, rast, 616 ft. to an iron pin for corner;
7hence>•cst a distance of )826 ft. to the p ace of beginning
6unircT to'oil and ciao lease datad August 7, 1982, to Chalmers
Operating Company, appoaring of record in Dook 12, page 98, Oil and Call
teaso Records of I,anLar Covaty, Texas, and as amended On July 6; 1912;
between Donna Jonas at a1 a.nd.Dow Cheaical Company Isucceasor to ChalmeFa
Operating company), and easements in favor of Texa■ power 4 Light
Company as appeara of lceoord. and as shown on survey mud• by J. K. Nelioni
Rtgtotercd public Survoyor of Taxers. No, 4025, dat4d April 22 1982, and
the resarvation of 1 /16th Mon- participating ray altJ�'� interest kor 15 yeirs
retained in dead datad May 22 1971 from Jack A.n4h�ad Hilliana et al to
J. D. VcliuglAin raeordad is J ok 317. page 735, .E-mar County Gad "Cords.
zX$ISTT A'
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EXHIBIT A
• EXHISIT "A"
,�qcd About Zss wilts South So Dcg. vest of the City of Tarts; County of la�wr
Sit art CC the Isaac Cruise Svrvcy 1162, hta Jarcan Survey 0419. _
ad Stair of l Cwcr a P
I%d the ic5ucl Cuer Su�wcy f313, and being a tract of land taive)•ed ice tarts, Texas
ndvstrial foundation by decd recorded. In Vol. 550. Page 636. of the M d.Rctords of
aid County and State. .
0cgianing at as iron pin for corner in the South boundary Line of the'fcxi s and
acif {c 6ailro3d at the i:orth*tcst corner of said foundation tract of land, said pit
ny the atost itortherly Northeast corner of a tract of land.tonveycd Wnna Jnncs nL
:cS •
,y
deed. rtcorded fn Vol. S34, Pa a $79, of said Deed Accords..'
ll:ence South at 636 ft, an iron pin on a Pool bank ind e*ontfnving on 4 t8tal des
lance of 708 ft. to a point (or corner in said pool at the Soutin+cst corner of said
'ovndation tract of land and an cl corner of said Jones et al tract of 1snd;
Thence along the 5outh Doundiry Line of said foundatton tract as follo:+s: Sout
-e-89 Dcg. East b t:in. East 3182 ft.: north 89 Deg. Cast 1551 ft. to an trop ppin
for corner at the 5outhcast corner of said foundation tract-of land and the t:orthcast
:ordcr.of said Jones et al tract of land
Thence lidrth 31 Dcg. 30 Y.in. East along iha.i:gst tiaundary Line of Farm Road 137'
dtstancc.of 310 (t. to a concrete o:arker for corner; 28b as follo•.rss itotts 2 De:
Thence along the Southerly Boundary Line of Loop 1A+y• )forth 49 tsc9 IS Htn: Vest
13 Y.fn: Icst 214 ft., I:orth 39 US 15 Kin. Vest 651 ft•:
1e2 ft.l North 44 Dcg• Nest 276 ft. 'to a concrete rn }Aker for corner at the w#t i)ortli
crly.rorthelst eornpr.of said Foundation trace of land:.'
dryy Lim
Thence slid 7 Texas n PacIfienrailroad: bound-
a isisw%ce, of 3364 ft. to tha, place of-
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