08-A Tax Abat Agree-Paris WarehAGENDA INFORMATION SHEET
PROJECT: Consider a resolution authorizing the execution of a tax abatement agreement with Paris
Warehouse 107, Inc.
BACKGROUND: Paris Warehouse 107, Inc. forwarded to the Paris Economic Development Corporation
on August 20, 2004, an application for tax abatement and reinvestment zone designation. The City staff, as
a result of such application, prepared the customary tax abatement agreement in customary form for approval
of the tax abatement. The agreement contains all State-mandated requirements for a taac abatement agreement
plus supplemental requirements imposed by the City's Guidelines and criteria or by the City's legal staff.
DESCRIPTION: The enclosed agreement would grant a tax abatement to Paris Warehouse 107, Inc. for
new construction in the amount of $5,245,000.00, the taxes to be abated on such improvements for a period
of seven (7) years. An additional condition of the grant of the tax abatement is the creation of thirty (30) new
jobs. The agreement contains the customary other provisions, including a description or means of identifying
all proposed personal and real property improvements subject to the tax abatement, authorizing a means of
access and inspection to verify that the improvements have been made, a provision for recapturing property
tax revenue lost if the basic contract obligations are not met, a requirement for annual certification of
compliance by the company, termination clauses, a clause allowing the company to assign the agreement to
subsidiaries or parent corporations without approval of the City, but requiring approval for any other kind of
assignment, and general clauses dealing with the administration of the agreement.
RECOMMENDED ACTION: Consideration of and approval of the resolution authorizing the
execution of the tax abatement agreement with Paris Warehouse 107, Inc.
STAFF CONTACT: Larry W. Schenk, City Attorney, and Gary Vest, Director of Economic Development
of the Paris Economic Development Corporation.
COST: Abatement of taxes on a$5,245,000.00 improvement for a period of seven (7) years.
SCHEDULE: Construction of the new improvements is anticipated to begin very soon after all tax
abatements for which the company is eligible are approved.
LOCATION: The location of the property to be abated is located at the existing Paris Warehouse 107,
Inc. facility, 2300 13t'' S.W., Paris, Texas.
SUPPLEMENTAL MATERIALS: See attached tax abatement agreement and accompanying
approval resolution.
COUNCIL DATE: Consider for final approval at the City Council's regular meeting of Thursday, October
7, 2004.
DRAFT
H:4ITTORNEYQANICE\ENTERPRISE\WAREHOUSEWUTHORIZING TAX ABATEMENT AGREEMENT
RESOLUTION NO.
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 of Paris is in receipt of a Tax Abatement and Reinvestment Zone
Designation Application from Paris Warehouse 107, Inc., requesting a tax abatement for
improvements to its facilities located at 2300 13" S.W. in Paris, Texas; and,
WHEREAS, such Application was presented to the Board of Directors of the Paris
Economic Development Corporation on the lOth day of September, 2004, for review and
recommendation to the City Council of the City of Paris, and the PEDC has recommended that Paris
Warehouse 107, Inc. be granted a one hundred percent (100%) tax abatement for a period of seven
(7) years; and,
WHEREAS, the City Council of the City of Paris 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, 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, 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 ineet the Guidelines and Criteria heretofore adopted by the City of Paris that govern
Reinvestment Zone No. 10.
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 7th day of October, 2004.
Curtis Fendley, Mayor
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
THE STATE OF TEXAS )
)
COUNTY OF LAMAR )
TAX 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 WAREHOUSE 107, INC.,
acting by and through its authorized officer whose signature appears below, hereinafter referred to
as OWNER.
WITNESSETH:
WHEREAS, the City Council of the City of Paris did heretofore, on the 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 term interest and benefit of the City and its citizens;
and,
WHEREA5, the City Council of the City of Paris did heretofore, on the 22nd day of
September, 2004, in Resolution No. 2004-165, pass and adopt a policy on tax abatement incentives;
and,
WHEREAS, the policy on tax abatement incentives constitutes 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; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 7th day of October,
2004, pass Ordinance No. 2004- , establishing Reinvestment Zone No.10 in the City of Paris,
hereinafter called CITY, for commercial and industrial tax abatement, hereinafter referred to as
ORDINANCE, as authorized by the Property Redevelopment and Tax Abatement Act, as amended,
being V.T.C.A. Tax Code, Chapter 312; and,
WHEREAS, the contemplated use of the property, as hereinafter defined, the contemplated
improvements to the property in the amount as set forth in this AGREEMENT, and the other terms
hereof are consistent with encouraging development of said Reinvestment Zone No. 10 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 reinvestment zone adopted by the CITY
and all applicable laws; NOW, THEREFORE,
The Parties hereto do mutually contract and agree as follows:
TAX ABA1'EMENT AGREEMENT - Page 1
I.
Term
1.1 The term of this AGREEMENT shall begin on the 7th day of October, 2004, with,
as hereinafter provided, taac abatement granted herein beginning with the tax year beginning January
1, 2005, and expiring on December 31, 2011.
II.
Area to be Improved
2.1 The property to be the subject of this agreement shall be that property described by
metes and bounds as the First, Second and Third Tracts 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 shall make improvements to the PROPERTY as follows: Add
approximately 172,000 square feet to the current facility located at 230013'h S.W., Paris, Texas with
the construction of a new building, joined to the current building, and expansion of the current
packing area, all of which is listed on Exhibit B, attached hereto. Such improvements will be made
upon the PROPERTY herein described and will consist of machinery and equipment installed to
allow for more packaging and storage for customers in the addition of the main building, all ofwhich
will be particularly described in CITY'S Certificate of Completion prepared after the completion and
installation of the improvements and machinery herein described which shall be furnished to and
filed with the Chief Appraiser of the Lamar County Appraisal District. Said Certificate shall be duly
executed by the Mayor of the City of Paris and attached hereto as Exhibit C. The improvements
described in this paragraph shall be hereinafter referred to as IMPROVEMENTS. The
IMPROVEMENTS will be at a cost equal to or in excess of $5,245,000.00, and shall be substantially
completed on or about April 1, 2005; 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 faithfully pursuing completion of the IMPROVEMENTS. For this purpose, "force
maj eure" 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.
TAX ABATEMENT AGREEMENT - Page 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, OWNER shall thereafter,
from the date a Certificate of Occupancy is issued until the expiration of this AGREEMENT,
continuously operate and maintain the PROPERTY as a packaging and warehousing facility.
V.
Consideration
Jobs
5.1 Not later than six months after completion, OWNER will retain at least thirty (30)
jobs at the Paris Plant for work to be performed substantially either (a) at the site of the
IMPROVEMENTS, or (b) in support of operations performed by others at the site of the
IMPROVEMENTS. Such jobs to be filled with priority being given to promote and/or retain among
equally qualified job applicants the hiring of employees first from within the Enterprise Zone, second
from within the corporate limits of the City of Paris, and third 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.
5.2 OWNER agrees that, during that portion of the term of the AGREEMENT occurring
subsequent to December 31, 2011, it will not reduce below thirty (30) the number of such jobs so
retained.
VI.
Default
6.1 In the event that (a) the IMPROVEMENTS for which an abatement has been granted
are not completed in accordance with this AGREEMENT or the expenditure for the
IMPROVEMENTS does not meet the amount required herein; or (b) the jobs required herein 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 of the other
terms and conditions of this AGREEMENT, then this AGREEMENT shall be in default. In the
event the OWNER defaults in its performance of either (a), (b), (c), or (d) above, then the CITY shall
give the OWNER written notice of such default and if the OWNER has not cured such default with
sixty (60) days of said written notice, this AGREEMENT may be modified or terxninated by the
CITY. Notice shall be in accordance with paragraph 13.3. As liquidated damages in the event of
TAX ABATEMENI' AGREF,MENT - Page 3
default, and in accordance with the requirements of Section 312.205 (c) of the Property Tax Code
of the State of Texas, all taxes which otherwise would have been paid to the CITY without the
benefit of abatement, together with interest to be charged at the statutory rate for delinquent taxes
as determined by Section 33.01 of the Property Tax Code of the State of Texas, with all penalties
permitted by the Property Redevelopment and Tax Abatement Act and the 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, subj ect 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 determine.
VII.
Tax Abatement
7.1 Subject to the terms and conditions of this AGREEMENT, and subject to the rights
and holders of any outstanding bonds of the CITY, a portion of ad valorem real property taxes from
the Property otherwise owed to the CITY shall be abated. Said abatement shall be an amount equal
to one hundred percent (100%) of the taxes assessed upon the increased value of the
IMPROVEMENTS (including real and personal property, but excluding inventory and supplies) over
the value in the year in which this AGREEMENT is executed and in accordance with the terms of
this AGREEMENT and all applicable state and local regulations or valid waiver thereof; provided
that the OWNER shall have the right to protest or contest any assessment of the property and said
abatement shall be applied to the amount of taxes finally determined to be due as a result of any such
protest or contest. For the purposes of this Agreement, the initial value of the existing property (not
subject to abatement) shall be deemed to be the value as shown on the tax rolls of the Lamar County
Appraisal District as of January 1 of the year in which the Agreement is executed, said amount being
$ (Base Year Value), not including inventory and supplies. Said abatement
shall extend for a period of seven (7) years beginning January 1, 2005.
7.2 The abatement granted herein shall be subj ect to and governed by the Guidelines and
Criteria for Tax Abatements, a copy of which is attached hereto as Exhibit D, and owner shall
comply with the requirements of Exhibit D in the performance of this Agreement, save and except
that, in the event of a conflict between the requirements of Exhibit D 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.
TAX ABATEMENT AGREEMENT - Page 4
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 performing its
obligations hereunder, is acting independently, and the CITY assumes no responsibility or liability
in connection therewith to third parties and OWNER agrees to indemnify and hold hannless 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 OWNER assumes no responsibility or
liability in connection therewith to third parties and, to the extent permissible by law, the CITY
agrees to indemnify and hold harmless the OWNER therefrom.
X.
Compliance Provisions
10.1 The OWNER agrees that the CITY, its agents and employees, shall have the
reasonable right of access to records concerning the OWNER's investment in the IMPROVEMENTS
for the purpose of conducting an audit of the proj ect improvements and proj ect 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 Report with an itemized list
of assets placed into service from the date ofexecution ofthis AGREEMENT to December 31, 2011.
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 of the
AGREEMENT, and OWNER shall provide evidence as to the retention of the thirty (30) jobs
described in this 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 information they obtain
in connection therewith except for the purposes of assessing and collecting ad valorem taxes and
verifying or enforcing compliance with this Agreement. 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
TAX ABATEMENT AGREEMENT - Page 5
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 information:
(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;
( fl 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 with an annual, sworn report
which contains the following information: (a) the name of original hiree in the retained job, date of
hire, and place of residence of the hiree, and (b) statement as to whether or not the thirty (30)
retained jobs are still in existence and filled, and (c) the name of the current employee in the retained
job, date of hire, and place of residence of the hiree. Additionally, OWNER shall certify, in writing,
that it is in compliance with each applicable term of this AGREEMENT. Such annual report shall
be furnished on the forms provided by the City and attached hereto as Exhibit E.
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
Commission.
TAX ABATEMENT AGREEMENT - Page 6
XII.
Authority to Contract
12.1. This AGREEMENT was authorized by resolution of the City Council at its regularly
scheduled meeting on the 7th day of October, 2004, authorizing the Mayor to execute the
AGREEMENT on behalf of the CITY.
12.2 This AGREEMENT was entered into by PARIS WAREHOUSE 107, INC. pursuant
to the authority granted to the authorized official whose signature appears below.
12.3. This AGREEMENT shall constitute a valid and binding AGREEMENT between the
CITY and OWNER when executed in accordance herewith, regardless of whether any other taxing
unit executes a similar agreement for tax abatement.
XIII.
Legal
13.1 No officer, official or agent of the CITY has the power to amend, modify or alter this
AGREEMENT or waive any of its conditions or to bind the CITY by making any promise or
representation not contained herein.
13.2 This AGREEMENT, except by operation of law, shall not be assigned or transferred
by OWNER, without the prior written consent of CITY, which consent shall be at the sole discretion
of the CITY.
13.3 Any written notice required or permitted under the terms of this AGREEMENT shall
be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited
certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the
designated representative of the respective parties which are designated as follows:
OWNER
Woodrow Wilson Harper
Paris Warehouse 107, Inc.
2300 13~' S.W.
Paris, Texas 75460
With a copy to:
David Owens
Paris Warehouse 107, Inc.
2300 13`h S.W.
Paris, Texas 75640
CITY
City Manager
City of Paris
P. 0. Box 9037
Paris, Texas 75461-9037
With a copy to:
City Clerk
City of Paris
P. 0. Box 9037
Paris, Texas 75461-9037
TAX ABATEMENT AGREEMENf - Page 7
13.4 If any term or provision of this AGREEMENT shall be declared unconstitutional or
void by any court of competent jurisdiction, the constitutionality and validity ofthe 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 terms of this AGREEMENT shall be waived, discharged,
altered or modified in any respect, except by an Agreement in writing signed by both parties and
specifically referring to this AGREEMENT. The captions in this AGREEMENT are included for
convenience only and shall not be taken into consideration in any construction or interpretation of
this AGREEMENT or any of its provisions. This AGREEMENT is performable in Lamar County,
Texas, and shall be governed by, construed and enforced in accordance with the laws of the State
of Texas. The provisions of this AGREEMENT shall apply to, bind and inure to the benefit of the
CITY, OWNER, and their respective successors, and permitted assigns, if any.
13.6 Venue for any actions arising under this Agreement shall lie exclusively in the courts
of Lamar County, Texas, for any state court action, and in the U.S. District Court for the Eastern
District of Texas for any Federal Court action.
Witness our hands this 7th day of October, 2004.
By:
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
CITY OF PARIS, PARIS, TEXAS
Curtis Fendley, Mayor
TAX ABATEMENT AGREEMENT - Page 8
PARIS WAREHOUSE 107, INC.
By:
President
ATTEST:
Secretary
TAX ABA1'EMENT AGREEMENT - Page 9
DESCRIPTION OF REINVESTMENT ZONE NUMBER TEN
All that certain tracts or parcels of land situated in Lamar County, Texas, described as follows:
First Tract: (unplatted lot)
A part of the James Bourland Survey No. 69, located in Lamar County, Texas, and being
that portion of the Southwest Industrial Park No. 1 as shown on Exhibit "A" hereto attached,
located at the Northeast corner thereof and shown as being North of a 120 foot rail and utility
right-of-way and East of the East Boundary line of a tract of land depicted as a 17.9 acre tract on
Exhibit "A" hereto attached, and being the tract depicted as containing 21.8 acres, more or less.
Second Tract:
All the certain property in the James Bourland Survey, No. 69, and being a part of the
Southwest Industrial Park No. 1, a plat of which is attached hereto as Exhibit "A" and described
as follows:
Being Lots lA, 2A, 3A, 4A as shown on said Exhibit "A" and that portion of Lot 3-B
described as follows:
BEGINNING at the Northeast corner of Tract 3B;
THENCE South with the East Boundary line of Tract 3B a distance of 367 feet, to a
stake;
THENCE West parallel with the North Boundary line of Tract 3B a distance of 367 feet,
to a stake in the Northwest corner of same;
THENCE North with the West Boundary line of Tract 3B a distance of 367 feet, to a
stake in the Northwest corner of same;
THENCE East with the North Boundary line of Tract 3B 1998 feet to the place of
beginning.
Third Tract:
All that certain property being 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 an iron pin found at the Southeast corner of 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 Volume 655, Page 941, and used as the bearing base) a distance of 925.56 to
an iron pin found at the Southwest corner of Tract 2, at the Northwest corner of Lot 5, in the East
right-of-way of the Sante 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 42° 11' 56" East a distance
of 1233.84 feet, an arc distance of 1236.45 feet to a point for corner;
South 54° 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;
EXHIBIT L
, ~ . . _
. : : .
. . . _
-
Around said curve to the left, long chord bears North 29° 57' 00" East a distance
of 1113.34, an arc distance of 1115.24 feet to an iron pin found corner;
North 64° 10' 3 3 " West a distance of 12.89 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 22° 37' 58" East a distance
of 291.10, an arc distance 291.13 feet to point at the northwest corner of
Tract 2;
Thence South 68° 53' OS" East a distance of 4.41 feet to an iron pin found at the Northeast
corner of Tract 2 and in the West right-of-way of the former Southern Pacific Railroad, said point
also being in a curve to the left having a radius of 3995.15 feet;
Thence Southerly with said West right-of-way and around said curve to the left, long
chord bears South 16° 32' 32" West a distance of 614.69, an arc distance of 615.30 feet to a point
for corner;
Thence South 14° 23' S1" West, continuing with said West right-of-way, a distance of
1605.00 feet to the place of beginning, and containing 15.704 acres of land.
. _ , . . . .
• ' ~ ~r
' , t, 3 _ ~ , ' ' • - • . . , •
• I:.~ .r~~ ,w4i . r • ~ . . . . .
SOUTHWE''ST.INQ~USTRI~,L~~ P~►R
PARIS,:TEXAS~
~ . : ' : , '.t:. ' . ~ . ' : . . ~ : '
' ~ • . : . . ~~r• . . . . . . :
i , . . , 4 . . . ~ . . .
~ ' ~ . • . • •G ' . , , • ,
J
~ ' • ' ~ ~ ' ~ . .
, ' • ' ~ . UNPLATTED ~
. 5A . Lnts AvaUable
r' •
; ~ ~ ~ . • • 17.9 Acre . 21.8 Acres ~
. ' ' ~ti . . .
~ . . • . . ~ . .
' ~ . . ~ • ~eee` ' _ ' '
~ • • 120' Rail 3 Ulitity R.O.W. ' 120' Ra31 b UtiGly R.O.W.
i . , 97-.~ . ' . . . . .
1 : ' . • 4A
102 Acres. w 142 AClC.S , M
: • . , . ~ . ~
' : ~ ~ cn
1 ' ~ . Ya
; . . ~ . . . 3A
, . 8.8 Acres 13.7 Acres '
1 ~ , •
' . ' I~• ' .i ~-1 A
3.3 Ac~es . 2A. ~ • . ~ .
~ .
+ • ' ~ ' 4.8 Acres ' ~ •
' ' . 1 B L .
t J71• " . . ~ ~
19.4 Aues
, . . . aer . . . . . . ~
I . . . ' ~'D h'wy, ' . .
. ~ 28
!
l
i
t
~
i
~
: ~ , ~ I . . . , ►~n• . . .
. • . ti..
`
. ' p • 4i.~~. ~ ' ~ . '
I ~ sa.~.~ • ,
n~ .
. ^.KniUit A ~
. r
, • .
600PAGEl28
I
~ ~ : • ' • . , . . . . ' ' . .
, . . • ' • • ' ~ ~ , i'
~ ' • ' ~ . • . . ' " . I ~ • r , KyI.
. . : . . . • . . . • . . . ~ ~ i
. ~.......~..1rl...~~~.~.~~...~~..~~.~.....~ t:.. ...a.r. . .~.~.~.a~~..~~..~~~~~~
. ' i. ,'•~-•-r,
~ .
~L•s . . ' .
,y.;' . . . . ~ ,y •
_ . ` .
• . • . 1.
• t r . .
N 22'3T58'
291.10
L=291.13
N o
893F. 1.P
x'l
1 .
.
/
rS GaaCJ'31o`J~ E
4.41
.I.P.
-3995.15
tord
S 16°32'32"
614.69 .
a
~
m
c
- Point
. tio
~
h
o h 1- ,t) •
ry°'
v= v
A G~
S~ " ~
Scale: 1" = 300' ~ , C
P.0.6.=Point of Beginning 7'`A~,, Q~
F.I.P.=Found Iron Pin c ~
Point=Unmonumented Comer PO1nt k. °
Chaney Engineering, Inc. Point ~
(903) 784-6393
File Name: WEPACK
. ~
. "0h ~ .
~ t`43
Q_ o
p,`ti,►~`L
WEST
/ F.I.P. 925.56'
~ Lot 5, Biodc A
Southwest Industrial Park No.1
Envelope 288-A
L.C.P.R.
•rF
C~
P.O.B_ ~..,:..,,...,.,~e~,,,.:.,•
=.I.P. - t R. BR.AI'~;D~~PJ C~~:~P1c'( k
r~,,...,.~..,..,~,.....:.,.
4015%
!,9 ~F C'` :
FSSti
l1'r~N!
9- l C)
o ci
~
N ~
^ Q~
15.704 Acres co co
i
~
~
O
C?
~
~o
IMPROVEMENTS TO THE PROPERTY
Add Approximately 172,000 square feet to the current facility located at
2300 13`h S.W., Paris, Texas, with the construction of a new building joined to
the current building
2. Expansion of the current packing area
3. Other buildings and equipment as listed below
08/20/2604 12:43
9037842503 PAGE 02
C!TY OF PARIS, PA,RIS, 7'EXAS
TA:K ABATEMENT AND RE1NVESTMENT ZONE DESIGNAT.iON
APPLiCATION
THISAPr/.rcA rioivM(ISTBERFCEivED BY TK,E CI7'YNOrLLSS T,►IANSnrrr(60) DA.YS pRroR TO TIfE
,DATE THAT CONS'TRUCTIONOF THL• IMPROVEMENTS /S EXPECTED TO COMMENCE
i. NAME O.F APPLICANT FIRM:
Paris Warehouse 107,1nc.
2. ADDRESS:
_2300 13"' S.W., Patis, Texas 75460
3. TELEPHO'NE: 903-737-0522
4. PROJECT ADbRESS (if different from above):
2300 113th SW, Paris, Texas
5. TYPE OF 13USINESS ORGANIZATION (corporation, etc.):
iCorporal ion in thc state of Texas
6. N,4ME(S),OF PRINCIPAL OWNERS OR OFFI.CERS:
TWoodrow Wilson Harper
-Susan Harper
7. IS TfIIS .BkJSWESS SEASONAL TN NATURE: YF.S X NO
8, NUMBER OF CURRENT EMPLOYEES: We Pack Paris Emp.loyees
(in Enterprise zone) 76
(in City of Paris) 121
(in Lamar County) 127
EXHIBIT a
•08/20/2004 12:43 9037842503 PAGE 03
9. CURRENT PAYROLL (in City ot' Paris): 5~50,000 weekly
10. NUMBER (DF NEW JOBS PROPOSED: 30
11. T.TST THE a'YPE AND rIIJMBER OF NFW JOB5 TO AE CRE1I,TFD ANb THE PROIECTED
SAT,ARY FOR EA.CH JOB:
_20 Pack:agers, 5 Fotklift Operators, 4 Clerical, 1 Supervision
12. PLEASE P1ROVIDE INFORMATfON PERTAINING TO THE "IRANSFER OF IOBS RELATE.D
TO THE IAIPROVEMENTS OR FXPANSION:
This is ba,4ed on moving current production in Sulphur Springs at one of our facili.ties to Paris and
the projected increase in business based on our customer fecdback.
13. TOTAL TN,IPAC'T ON PA,YR.OLL T'ROM NEW )OBS: $470,0008rnually
14. PRE-PROJECT MARKET VALiJES, AS DETERMINED FOR LOCAL PROPERTY TAXATION,
OF THE EXISTING FACiLI1Y, SITE, TANGIBLE PERSONAI, PROPERTY, AND
LNVENTORY:
A. RE:A.T, PROPERTY: 5 acres ~;a $1.500 per acre
$ 7,500
B. TA,NGBLE PERSONAL PROPERTY $ 0
15. GNB A DETA.I.LED DESCRIPTION OF THE PROPOSED TMPROV.EMF•NTS OR EXP,ANSTON
(ATTACH ADDITIONAI, SNEETS, IF NECESSARY):
Wc tirc planning to add approximately 172,000 square feet to aur eurrcnt facility located at 2300
13'h S. W., Paris, Texas with the construction of a ncw building joined to our current building. In addition to
eXpanded warehowing to scrvice our customets, we arc going to expand our packag.ing area to accb.mmodate
our growing busine:ss.
16. THE ESTIMATED DATE OF COMPLETION OF THE iMPROVEMENTS:
Apri101, 2005
17. THF ESTlMA7ED DATE OF OPERATfON OF THE 1MPROVEMENTS OR EXPANSTON:
06/20/2004 12:43 9037842503 PAGE 04
_April Ot, 2005 1.8. ESTIMAT'fiS OF AMOUN?S TO BE 1NVESTED:
A. PU:RCHASE OF LAND/BUILDiNG: $ $15,000
H. NEW BUILDING CONSTRUCTION: $
C. BUILDING AD.DiTIONS: $ 4,900,000
D. iMPROVEMENTS TO EXISTING BI.DCi. S 20,000
E. MACHTNERY 8t EQUIPMENT: s 300,000
F. FURN.i.TURE & FIXTURES: $ 1.0,000
'X'OTAL Y]`IVESTMENT AMOUNT $ 5,245,000
19. TOTAL 1NVESTMENT ELIGIBLE FOR nBATEMENT:
S 5,245,000 from item ] 7 (please circle) A 8 C D E F
20. L1ST THE'TYPE AND VALUE OF ECONOMTC DEVELO.PMENT iNCENTIVES .REQUESI-ED
(I.E., TAJi: ABATEMENT, LOCAL 5ALES TAX REFUND, SAL.~ OF CITY-OWN.ED
PROPERTY, ETC.):
Tax Abatement $
Local Sales Tax as available through the Entetprise 7,one $ $40,000
$
21. FOR TOTAT, PERSONAL PROPERTY AIVESTMFNT iNDiCA7ED ABOVF TN iTEM 19, L1NES
E& F, SHOW PROJECTED DOLLAR VALUE IN EACH AFPRECIATION SCHEAULE.
1. (7 yr) _$310,000 N. (16 yr)
n. (14 yr) v. (18 Yr)
III. (12 yr) Vi. (20 yt)
22. NORTH AM$R1CAN TNDUSTRY CLASSIFICATION SXST'EM NUMBER: 49311 i 488991
23. NAME, AD.D.RESS, /AND PHONE NUMBER OP CONTACT FO.R THF_ PilRPOSES OF THIS
APPLICA71ON:
David Owens, 2510 South Church, Paris, Tcxas 75460 903-783-7139
88/20/2004 12:43 9037642503 PAGE 05
24. TNDICATE THE DATE AND'I'IME THAT CiTY OFF1CiALS MAY TNSPECT TiiE CURRENT
FACILITIES PRIOR'I'O THE COMMFNCEMENT OF CONSTRUCTi.ON:
August .16, 2244 through August 20. 2044, by appointment with David Owens
25. TF APPLIC.ABT.E, 'IHE NANfE, ADDRESS, AND PHONL' NUMBER OF ANY CONSUJ,TANT/
FINANCIAL.A,DVTSOR ASSISTiNG YOU WiTH Tl-!IS APPLICATION:
26. NAME AtdD TITLE OP' PERSON WHO W.[Li. HAVE .F1,UTHORITY TO SIGN ANY
AGREENTE'sNTS RELATED TO THIS APPLICATION:
W-oodrow Wilson Harper
27. DO YOU INTEND TO SUBMI"f AN .F.NTERPRISE PROJECT APPLTCATI.ONT No
28. PLEASE A,TTACH THE FO.I,LOWING:
1. A PLAT SHOWTNG THE PRECTSE LOCATI.ON OF TRE PRUPERTY, /1LL
R()ADWAYS WTTHIN 200 FEET OF THE SiTE, AND ALL EXISTING ZONING
ATdD LAND USFS WITHIN 200 FEET TO THE SITE.
2. TF THE AROPERTY IS DESCRIBED BY MLTES AND BOUNDS, A COMPLETE
LF:GAL DESCRIPTION.
3. IF A RECENT APPRAISAI, HAS BEEN DONE, ATi'ACI-1 TI-IE SAME HERETO.
O'THERWISE, ATTACH A COPY OF THE P.RTNTOUT FROM 7'14E LAMAR
C<)U1VTY A.PPRAISAL DISTRiCT WHICH SHOWS THE VALUE OF THE
PP:OPERTY. THIS PRIN70UT SHOULD BE AVAILABLE UAON REQUEST.
08/20/2004 12:43 9037842503 PAGE 06
CTsRTIFICATZONS
1. THE APPLICANT BELIEVES THE INFORMATION CONTAjNED H.F.REIN AND
SUBMITTIED HEREWITH IS COMYLETE AND CORRECT TO THE BEST OF HIS
OR HER :KNOWLEDGE.
2. THE .APPLICANT HEREBY CERTIFI.ES THA'.C THE EXPIINSION OR
CONSTRUCTION OF ZMPROVEMENTS THE SUBJECT OF THIS APPLICATION
HAS NOT BEEN COMMENCED.
3. THE APp:LICANT UNDERSTANDS THAT INTTTATION OF THE .PROJECT 1?RIOR
TO RECEIVING FINRL LOCAL APPROVAL MAY RESULT IN THE LOSS OF
THE ABATEMENT.
q, THE APPLICANT UNDERSTANDS THAT, TF APPROVED, TH.E INFORMATION
CONTAINED IN THIS APPLICAT.ION WILL FORM THE BASIS FOR A SIGNED
AGREEMFNT BETWEEN THE APPLICANT FIRM AND THE CITY. STATE LAW
AND LOCAL POLICY REQUIRE ANNUA.T., MONITORZNG FOR COMPLIANCE TO
THAT AGREEMENT. F1IILURE TO COMPLY M.AY RESULT IN LOSS OF
INCENTIVES.
5_ THE APPLICANT HER.EBY CERTIFTES THAT THF FIRM IS CURRENT T.N ALL
TAX OBLIGATIONS TO THE CITY OF PARIS.
COMPIINX :
Pa War e 07, InC.
ay:
( ignatu e
Name: David Owens
Title: Vicc-President - dperations
Date: Avgust 16, 2004
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
Reinvestment Zone Number 10 and executed a tax abatement agreement with Paris Warehouse
107, Inc. for certain improvements or repairs.
Paris Warehouse 107, Inc. 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.
NOW, THEREFORE, the City of Paris authorizes that the property described herein shall
receive a tax abatement of 100% 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 l years, beginning January 1, 2005.
APPROVED this day of
.2004.
Curtis Fendley, Mayor
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
EXHIBIT
CITY OF PARIS, PARIS, TEXAS
GUIDELINES AND CRITERIA FOR
TAX ABATEMENT AGREEMENTS
1. DEFINITIONS
a) "Abatement" means 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) "Base Year Value" means the assessed value of eligible property as of January 1
preceding the date of execution of the Agreement plus the agreed upon value of
eligible property improvements made after January 1 but before the execution of the
Agreement.
d) "Enterprise Zone" means that area of the City designated as an enterprise zone under
the Texas Enterprise Zone Act (Texas Government Code Chapter 2303); where a
Reinvestment Zone as defined herein is also located in an Enterprise Zone, the
reference to Reinvestment Zone shall be interchangeable with Enterprise Zone.
e) "Manufacturing Facility" means buildings and structures, including fixed machinery
and equipment, the primary 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.
fl "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.
g) "Other Basic Industr}~" 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, permanent, full-time jobs
and bring new wealth into the community.
h) "Regional Distribution Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used primarily to receive, store, service, or
-1-
EXHIBITa
distribute goods or materials where a maj ority of the goods or services are distributed
to points at least 100 miles from its location in the City.
i) "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 hoteUmotel accommodations.
j) "Reinvestment Zone" is an area where the City ar 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.
k) "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.
H. DESIGNATION OF A REINVESTMENT ZONE.
The City 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 (Chapter 312, Texas Tax Code).
III. TAX ABATEMENT AUTHORIZED.
The City, through its City 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 proj ect financed by tax increment bonds, to exempt from taxation a portion of
the value of the real property, or of tangible 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 make specific improvements or repairs to the property. An Agreement may
provide for the exemption of the real property in each year covered by the Agreement only
to the extent its value for that year exceeds the Base Year Value. An Agreement may provide
for the exemption of tangible personal property located on the real property in each year
covered by the Agreement other than tangible personal property that was located on the real
property at any time before the period covered by the Ageement. Inventory or supplies
cannot be abated as tangible personal property.
-2-
A property owner and/or lessee shall be eligible for tax Abatement only upon the following
terms and conditions:
a) Authorized Facilities. A facility may be eligible for Abatement if it is a
Manufacturing Facility, Research Facility, Regional Distribution Facility, Regional
Tourist Entertainment Facility, or Other Basic Industry.
b) Creation of New Value. Abatement may only be granted for the additional value of
eligible real and tangible personal property improvements, subj ect to such limitations
as the City may require.
c) New and Existing Facilities. Abatement may be granted for new facilities and
improvements to existing facilities for purposes of modernization or expansion.
d) 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 facility; provided, however, that inventory or supplies shall not
be eligible for Abatement.
e) Leased Facilities. If a leased facility is granted Abatement, the Agreement may be
executed with the lessor and/or lessee, depending upon the particular circumstances
of the proposed proj ect. If the Agreement is with the lessor, lessor shall demonstrate
binding contracts with the lessee to guarantee compliance with the terms of the
Agreement.
fl 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.
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. 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 facility replacement, 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 by the proposed project;
-3-
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 community;
5) the proposed project's effect on the safety, health, and morals of the City's
residents;
6) whether the proposed project will have any substantial long-term adverse
effect on the provision of the City's services or its tax base;
7) whether the project meets all relevant zoning requirements;
8) whether the project is consistent with the comprehensive plan of the City of
Paris or County of Lamar; and
9) the types and cost of public improvements and services (water and sewer
main extensions, streets and alleys, etc.) required of the City and the types
and values of public improvements to be furnished by the applicant.
g) 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;
AND
2) must 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
3) should not be expected to solely or primarily have the effect of inerely
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
4) must be necessary because capacity cannot be provided efficiently utilizing
existing improved property, even when reasonable allowance is made for
necessary improvements or relevant governmental actions.
h) Taxability. During the term of the Agreement, taxes shall be payable as follows:
1) the Base Year Value of eligible property as determined each year shall be
-4-
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 City shall annually determine an assessment of the real
and personal property comprising the Reinvestment Zone. Each year, 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.
IV. 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.
b) Form. The application shall consist of a completed application form accompanied
by (i) general description of the improvements to be undertaken together with the
proj ected new value to the property and the type of business operation proposed; (ii)
descriptive list of the improvements for which an Abatement is requested; (iii) list
of the kind, number, and location of all proposed improvements of the property; (iv)
the number and type of jobs created, including information pertaining to anticipated
job transfers; (v) metes and bounds description and plat of the proposed
Reinvestment Zone that shows all roadways within 200 feet of the site and all
existing zoning and land uses within 200 feet of the site; (vi) time schedule for
undertaking and completing the proposed improvements; (vii) the type and value of
any economic development incentives requested; and, (viii) any other information
about the proposed project as may be required by the City or as deemed desirable.
c) Review. Once the Application has been received, the information submitted will be
reviewed by the City Manager for completeness and accuracy. The City Manager
will then distribute the Application to the appropriate department heads for internal
review and comments. Following staff review, copies of the complete Application
package and staff comments will be provided to the City Council and to other taxing
entities that may be willing to participate in offering tax abatement incentives.
Generally, the City Council, staff, and other taxing entities will discuss the proposed
Application at a work session prior to its formal consideration by the City Council.
Following the work session, the City Manager may be requested to obtain other
information prior to further consideration of the Application.
At a subsequent regular City Council meeting, the Application for any tax Abatement
incentive may be considered. Prior to final approval, all legal documents to effect
such Reinvestment Zone(s) and tax Abatement Agreement(s) shall be drafted and
-5-
approved by the City Attorney.
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.
e) Findings. In order to enter into an Agreement, the City Council must find that (i) the
terms of the proposed Agreement comply with these Guidelines and Criteria, (ii)
there will be no substantial adverse affect on the provision of the City's services or
tax base, and (iii) the planned use of the property will not constitute a hazard to
public safety, health, or morals.
fl Variances. Requests for variance from the provisions of these Guidelines may be
made in writing to the City Manager; 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.
V. AGREEMENT. After approval, the City Council shall formally pass an order or resolution
and authorize the execution of an Agreement with the owner and/or lessee of the 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 of the
Agreement;
e) the proposed use of the facility, nature of construction, time schedule, plat, property
description, and improvement list, as provided in the Application;
fl a listing of the kind, number, location, and costs of all proposed improvements of the
property;
g) 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 taac exemptions are in effect;
-6-
h) 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;
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 Council
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 Council may cancel or modify the agreement if the property owner fails
to comply with the agreement.
VI. 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 period of time specified in such notice ("Cure Period"), then
the Agreement may be modified or terminated without further notice.
In the event that the company or individual (i) allows its ad valorem taxes owed the City to
become delinquent and fails to timely and properly follow the legal procedures for their
protest andlor contest, or (ii) 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.
VII. 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 unless otherwise
mandated by state law until the Agreement is executed. Such information in the custody of
the City after the Agreement is executed is not confidential under these Guidelines.
VIII. PROPOSED TAX ABATEMENT AGREEMENTS TO BE DECIDED ON AN
INDIVIDUAL BASIS. The adoption of these Guidelines by the City Council does not (i)
-7-
limit the discretion of the City Council to decide whether to enter into a specific tax
Abatement agreement, or (ii) limit the discretion of the City to delegate to its employees the
authority to determine whether or not the City Council should consider a particular
application or request for tax Abatement, or (iii) create any property, contract, or other legal
right in any person or entity to have the City Council consider or grant a specific application
or request for tax Abatement.
IX. 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 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 manner as to not unreasonably
interfere with the construction and/or operation of the 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 facility receiving
Abatement to ensure compliance with the Agreement and report possible violations of the
Agreement to the City Council.
X. 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 the 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.
XI. ASSIGNMENT. An Agreement may be assigned to a new owner or lessee of the 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 are
indebted to the City for ad valorem taxes or other obligations, or if any event of default under
the Agreement remains uncured.
XII. AMENDMENTS. These Guidelines are effective for two (2) a 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.
-8-
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 teams;
(e) Detailed list of and actual cost of added machinery and equipment;
( fl Actual cost of capital IMPROVEMENTS; and,
(g) Date of substantial completion of the IMPROVEMENTS as defined in paragraph 3
of the Agreement.
EXHIBIT F,
AFFIDAVIT
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 all things, true and
correct.
Witness my hand this day of
STATE OF
COUNTY OF
)
)
)
Name:
Title:
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
~
~
a~
~
a~
a~
oA
~
a~
~
~
a
~
a~
b
>
0
a
on
~
~
w
O~
w ~
b
L7 ~
u
L~ o
O ~
a ~
~V
~
~ o
~
~
z"
~
~
~
~
b
~
~
~
~
~
~
~
~
~
~
0
~
y
~
~
W
y
~
~
Iz
LV
~
~
C~
Cc
0
~
O
~
O
w
C7
z
~
H
acfs
~
~
~ cc
0
~ °
z~
~
~
~
~
~
y
~
~
b
~I
~
Q
~
^h
IV
ILI
W
h
~
~
0
~
.
y
0
~
r~.+
~
~
~
w
O
~
~
C~S
A
~
~
0
~
w
w
0
~
v
a
~
~
~
a
~
~
~
I~I
W
~
~
i■
T,
~
U
~
0
a~
~
z
CERTIFICATION
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:
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