13-Ordinance authorizing the City of Paris to participate in the Texas Enterprise Zone ProgramCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
08/O 1 /2011
Council Date:
Legal
W. Kent McIlyar
13.
08/08/2011
RECOMMENDED MOTION:
Public hearing and first reading.
POLICY ISSUE(S):
Economic Development.
BACKGROUND:
City Council is being asked to consider possible action on an ordinance nominating Kimberly-Clark
Corporation as a Jumbo Enterprise Project to the State of Texas. Participation in the Texas Enterprise
Zone Program is possible because KC plans to invest in and upgrade its facility, invest more than
$150,000,000, and retain at least 500 existing jobs at the Paris plant.
A company that qualifies as a State Enterprise Project qualifies for reimbursement of the sales and use
tax paid as a part of the business expansion. The designation is for a five year period.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ~ Ordinance
bli
Z P
H
i
y'I'D Actual
$
u
c
ear
ng ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fite
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
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DRAFT #1
s/attorney/enterprise zone/2011/KC
ORDIIVANCE NO.
A1V ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
AUTHORIZING THE CITY OF PARIS TO PARTICIPATE IN THE TEXAS
ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT,
CHAPTER 2303, TEXAS GOVERNMENT CODE; PROVIDING TAX INCENTIVES;
NOMINATING KIMBERLY-CLARK CORPORATION TO THE OFFICE OF THE
GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM THROUGH THE
ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED
BUSINESS AND DOUBLE JUMBO ENTERPRISE PROJECT UNDER THE ACT;
DESIGNATING A LIAISON FOR OVERSEEING ENTERPRISE PROJECTS AND
COMMUNICATING WITH INTERESTED PARTIES; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the City of Paris, Texas ("the City") desires to create the proper economic and
social environment to induce the investment of private resources in productive business
enterprises located in severely distressed areas of the City and to provide employment to residents
of those areas; and,
WHEREAS, Kimberly-Clark was previously designated an Enterprise Project on December
22, 1999, with an expiration date of December 22, 2004, by the Texas Department of Economic
Development and successfully completed all elements of its designation; and,
WHEREAS, Kimberly-Clark was previously designated an Enterprise Project on December
1, 2005, with an expiration date of December 1, 2010, by the Texas Department of Economic
Development and successfully completed all elements of its designation; and
WHEREAS, Kimberly-Clark continues to be a major employer for the City of Paris, Lamar
County, Texas; and,
WHEREAS, the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, as
amended, (the "Act") authorizes the designation of enterprise projects within an enterprise zone
(or, if the requirements of Section 2303.402(a)(2) of the Act are met, within an area that does not
qualify as an enterprise zone); and,
WHEREAS, under the 2003 amendments to the Act, the Act is now administered by the
Office of the Governor Economic Development and Tourism ("OOGEDT") through the Texas
Economic Development Bank ("Bank"); and,
WHEREAS, following posting and publication of the notice of hearing, a public hearing was
held by the Paris City Council at the Council Chambers, Paris City Hall, 107 E. Kaufman, Paris, Texas
to consider this ordinance and to allow all interested persons to appear and be heard; and,
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WHEREAS, the City Council has determined that passage of this Ordinance would be in the
best interests of the City of Paris and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS THAT:
Section 1. The findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. As required by Section 2303.4051(b) of the Act, the City's local incentives
available in each area within an enterprise zone and in each area not in an enterprise zone are
identified and summarized in the attached Exhibit "A;" and at least one of the local incentives is
unique to the enterprise zone area. The City is in full compliance with the Act.
Section 3. The City finds that KIMBERLY-CLARK CORPORATION Kimb erly- Clark")
meets the criteria for designation as an enterprise project under the Act on the following grounds:
(a) Kimberly-Clark is a"qualified business" under Section 2303.402 of the Act because it is
engaged in the active conduct of a trade or business at a qualified business site and at
least thirty-five percent (35%) of its new employees at the qualified business site will be
residents of an enterprise zone in this state or economically disadvantaged individuals;
(b)The Kimberly-Clark project is qualified under Section 2303.404 of the Act because (1) it
involves "an expansion, renovation, or new construction"; (2) it will be completed
within a predetermined period not to exceed five years; and (3) Kimberly-Clark
maintains separate books and records for the Paris manufacturing operations;
(c) There has been and will continue to be a high level of cooperation between public,
private, and neighborhood entities within the jurisdiction of the City;
(d) The designation of Kimberly-Clark as an enterprise project will contribute significantly
to the achievement of the plans of the City for development and revitalization of the
area in which the enterprise project will be located; and
Section 4. Kimberly-Clark qualifies as a Double Jumbo Enterprise Project as defined in
Section 2303.407(b)(6) and Section 2303.407(d) of the Act because Kimberly-Clark will be making
a capital investment in a project in excess of $150,000,000. The City finds that it is in the best
interest of the City to nominate Kimberly-Clark as a Double Jumbo Enterprise Project under the Act.
Section S. The City Council of the City of Paris hereby nominates Kimberly-Clark as a
Double Jumbo Enterprise Project under the Act and designates the City's Director of Engineering,
Planning & Community Development as liaison to oversee enterprise projects nominated by the
City and to perform the other duties described in Section 2303.204 of the Act (hereinafter
"Director"). The City authorizes the Director to file an application requesting designation of
Kimberly-Clark as a Double Jumbo Enterprise Project with the Bank, and to execute all documents
and agreements necessary to process the application. Further, the City directs the Director or his
designee to submit to the Bank the information required by section 2303.4052 of the Act.
Section 6. The City finds that Kimberly-Clark meets the criteria for tax relief and other
incentives adopted by the City and that Kimberly-Clark will be located wholly within the qualified
116
business site and will retain jobs and increase economic activity and stability. As required by
Section 2303.4051(c)(2) of the Act, the City's local incentives, including tax incentives, that at the
election of the City Council, are or will be made available to Kimberly-Clark, the nominated project,
are identified and summarized in the attached Exhibit "B".
Section 7. Upon approval by the Bank, the Double Jumbo Enterprise Project will be
named KIMBERLY-CLARK CORPORATION PROJECT ("Project").
Section 8. The Enterprise Project designation must be for a predetermined designation
period approved by the Bank, with a beginning date and ending date for the Project; and the
designation period for the Project may not exceed five (5) years from the date on which the
designation is made, as required by Section 2303.404 of the Act. Kimberly-Clark and the City
request that the Bank approve April 28, 2011, as the beginning date and September 1, 2016, as the
ending date of the Project.
Section 9. The enterprise zone areas within the City are reinvestment zones in
accordance with the Texas Tax Code, Chapter 312.
Section 10. The Paris areas that meet the 2003 requirements in Section 2303.101 of the
Act for automatic qualification for designation as an enterprise zone are shown in the attached
Exhibit "C".
Section 11. That the City Council voted by a supermajority vote of the entire Council to
suspend the rule requiring two readings before adoption of ordinances ayes and _ nays.
Section 12. That this ordinance shall be effective following passage and publication as
required by law.
PASSED, APPROVED, AND ADOPTED this 8th day of August, 2011.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
11.'7
Exhibit A
Paris, Texas Financial Incentives
(Cash, Tax Abatements, Exemptions and Related Programs)
PEDC Staff will assist your company with all of the following programs to maximize the financial incenNves
for your company. Each project is unique, aud PEDC will consider and pursue a variety of options, for
ezample: direct loans (can be bank subordinate), loan guarantees, interest rate write downs, site development
costs, including elctension of utilities, cash grants for job creation, rent subsidies, build-to-suit with lease-back or
purchase options, customized job training, loans with forgiveness based on job creation, reimbursement of
relocatian ex nses, and other o tions sub'ect to ne otiation. T ical incentives include the followin :
Pro-Business
Because of a pro-business attitude, Texas has limited the number of state controls and taxes
Climate
in regulating the activities of business. Texas is a right-to-work State, and has no personal or
co orate income tax, nor a state property tax.
Tax Abatements
The City of Paris has a proven track record of negotiating tax abatements for up to 10 years
for new and expanding industries. In addition, Lamar County and Paris Jr. College will
consider local tax abatements for projects with significant job creation and private capital
investment.
Local Cash
The citizens of Paris adopted a Y4 cent sales tax as an incentive assistance program to
Incentive for Job
facilitate industrial locations and expansions. This program is administered directly by the
Creation
Paris Economic Develo ment Co oration.
Industrial Dev.
PEDC has a history of providing industrial development bonds as a viable alternative for
Bonds
financin industrial ex ansion and construction.
Skills
An incentive to relocating or expanding businesses through Texas community and technical
Development
colleges and workforce boards to provide customized assessment and training services to
Fund
business in a timel , efficient and res onsive manner.
Enterprise Zone
Depending on the exact site location, Paris is a qualified Enterprise Zone (EZ). If your
development or revitalization project is located in the EZ, the City of Paris can approve
partial or deferred payment of sales and use taxes for qualified purchases, leases, or rentals.
Specifically, the EZ provides sales and use tax rebates on machinery and equipment, building
materials, labor for the rehabilitation of existing buildings, and electricity and natural gas
purchases. The EZ also provides priorityjob training, and other preferential treatment on
state and federal programs. The tax refund is $2,000 for each permanent job the project
creates or retains during the five year designation period. Qualifying projects may also be
eligible for franchise tax reduction, property tax abatement up to 100% of the estimated local
tax increase to be levied on the proposed property improvements for a term not to exceed ten
(10) ears, and other regulatory relief.
Freeport Law
Article VIII, Section 1 of the Texas Constitution has been amended to allow real and
Tax Exemptions
personal property to be tax-exempt (city, county and school districts.) All goods, wares,
merchandise, other than tangible personal property (inventory) acquired in or imported into
Texas to be forwarded outside this state, which is detained for storing, assembling,
manufacturing, rocessing, or fabricating in Texas for 175 days or less, may be tax exem t.
Financial
Local financial services companies in Paris and Lamar CounTy are committed to the
Services
economic growth of the region through aggressive commercial and industrial development.
Paris is currently served by seven commercial banks, two savings & loan associations, and
has access to morta e bankers, and other creative financial services.
SBA and Other
Small business loans are available through the SBA 504 program. Up to 40% of total cost
Loan Programs
can be provided in the form of subordinate debt to SBA for most fixed asset projects at
interest cost of 2 to 3% below market for periods of 15-25 years. This type of financing can
provide 90% of the long-term financing needs of a small business. Also available are the
SBA 7(A) Loan Guarantee program, the FmHA, Paris' local Revolving Loan Fund, various
ro rams of the ArkTex Council of Governments, and the Texas Levera e Fund.
(Updated 8-4-11)
11"'1- N
Exhibit A
Paris, Texas Financial Incentives
(Cash, Tax Abatements, Exemptions and Related Programs)
Tax Increment
Financing
Financing through the creation of tax increment reinvestment zones.
Low-Interest
The City may offer low-interest loans to develop or revitalize the zone.
Loans
Municipal Sales
The City may refund the amount of tax paid under the Municipal Sales and Use Tax (Texas
and Use Tax
Tax Code, Chapter 321) by the business and remitted to the Comptroller of Public Account
Refund
up to the maximum extent authorized by Sections 2303.505 and 2303.506 of the Act, and for
a eriod determined b the Ci , but which shall not exceed five (5) ears.
Bonds
Tax-Exem t Industrial Bonds.
Fee Waivers
The Ci ma waive or refund an and all a licable fees due or aid.
Infrastructure
The City may provide infrastructure improvements for industries.
Im rovements
Zoning Changes
Allows changes in the zoning and variances.
or Variances
Streamlined
The City may allow permit applications and supporting materials to be tendered to one
Permittin
de artment far distribution to the a ro riate ci de artments.
Enhances
Municipal
Daily convenience for City residents.
Services
Increased Fire
and Police
Safety and protection for City residents.
Protection
Community
Community crime prevention programs such as D.A.R.E., Crime Watch, Think Child Safety,
Crime Prevention
and Think Senior Safety.
Pro rams
Capital
The City can provide resources for a capital improvement plan related to water and sewer
Improvements in
Water and Sewer
service.
Road Repair
The City is responsible for maintaining and repairing all public streets and alleys inside city
limits.
Creation or
Maintain healthy lifestyle for city residents. Parks are located in city limits and are the
Improvement of
responsibility of city government.
Parks
Low-Interest
Loans for
Encourage home ownership for City residents.
Housin
Public Land for
Development
Strategic sustenance and growth for the City.
Pur oses
Promotion and
Assistance offered by Lamar County Chamber of Commerce and Paris Economic
Marketing
Development Corporation.
Service
Job Trainin
Offered in conjunction with Paris Junior College.
(Updated 8-4-11)
\1'1-~
Exhibit A
Paris, Texas Financial Incentives
(Cash, Tax Abatements, Exemptions and Related Programs)
Retraining
Offered in conjunction with Paris Juniar College.
Pro ram
Literacy and
Employment
Offered in conjunction with Paris Junior college and public school districts.
Skills Pro rams
Vocational
Offered in conjunction with Paris Junior College and public school districts.
Education
Cash Grants
Offered by Paris Economic Development Corporation (4A Economic Development Sales
Tax).
(Updated 8-4-11)
1 lr1 - C.
Exhibit B
Incentives that may be considered and offered by the City of Paris to
Nominated Texas Enterprise Zone Projects 2011-12
1 1~1_~
Exhibit C
Paris Areas meeting the 2011 Requirements for
Texas Enterprise Zone (Sections 2303.101 and 2303.109)
County
Census Tract
Block Group
Percent Poverty
Lamar
000100
5
0.227170
La m a r
000200
2
0.240000
Lamar
000500
1
0.474128
Lamar
000500
3
0.330309
Lamar
000500
4
0.308840
La ma r
000600
1
0.264624
La ma r
000600
2
0.603846
La ma r
000600
3
0.460733
La ma r
000600
4
0.274131
La ma r
000700
1
0.275218
La ma r
000800
1
0.405204
La m a r
000800
2
0.255940
La m a r
000800
3
0.204124
La m a r
001000
1
0.311111
11'1 - F,