08-A Historic Tax Abate Ord.wpd
DRAFT
F:ALICE\ORDWORK\CURRENT\ Historic Tax Abatement Ord
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, AMENDING CHAPTER THIRTY TO THE CODE OF ORDINANCES,
ENTITLED TAXATION, TO REPEAL THE EXISTING ARTICLE IV THERETO,
ENTITLED “TAX ABATEMENT”, AND ADOPTING A NEW ARTICLE IV
THERETO, ENTITLED “TAX ABATEMENT FOR HISTORICAL
STRUCTURES”; PROVIDING FOR AN ABATEMENT OF THE INCREASE IN
THE ASSESSED VALUE OF CERTAIN PROPERTIES FOR TAX PURPOSES
WHICH RESULT FROM APPROPRIATE REPAIRS, RENOVATION, OR
REHABILITATION TO SAID PROPERTIES IN AREAS OF THE CITY
DESIGNATED AS HISTORIC DISTRICTS PURSUANT TO THE CITY’S
HISTORIC PRESERVATION ORDINANCE AND THE CITY’S ZONING
ORDINANCE; ESTABLISHING GUIDELINES AND CRITERIA FOR TAX
ABATEMENT; PROVIDING A REPEALER; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,
the City Council of the City of Paris, in an effort to preserve, protect, and enhance
the historical character and heritage of Paris, adopted Ordinance No. 2002-033 on August 1, 2002,
amending Chapter 7 of the Code of Ordinances of the City of Paris to adopt a new Article VII, Section 7-
151 through 7-164 thereto, entitled Historic Preservation, which, among other things, established the Paris
Historic Preservation Commission and authorized the designation of historic landmarks and districts within
the City; and,
WHEREAS,
on January 30, 2003, the City of Paris was designated by the United States
Department of Interior as a Certified Local Government under the provisions of Section 101(c) of the
National Historical Preservation Act; and,
WHEREAS,
the City Council of the City of Paris adopted Ordinance No. 2003-019 on May 8,
2003, which amended the City’s Zoning Ordinance to create a Historic District designation within the City’s
Zoning Ordinance for properties identified as historical structures, areas, and landmarks within the City;
and,
WHEREAS,
Article VIII, Section 1-F of the Texas Constitution and Section 11.24 of the Texas
Property Code enable the City of Paris to exempt from taxation part or all of the assessed value of certain
historically significant sites in need of tax relief to encourage their preservation; and,
WHEREAS,
the City Council of the City of Paris finds such tax relief is needed to encourage the
preservation of historic structures and sites within designated historic districts of the City of Paris; and,
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WHEREAS,
the City Council also finds that such tax relief will provide economic incentive to
NOW, THEREFORE,
develop projects in historic buildings worthy of preservation;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS:
Section 1.
That the findings set out in the preamble to this ordinance is hereby in all things
approved.
Section 2.
That Article IV of Chapter 30 of the Code of Ordinances of the City of Paris, entitled
“Tax Abatement,” the same consisting of Sections 30-50 through 30-59, shall be and is hereby in all things
repealed.
Section 3.
That there is hereby established a new Article IV to Chapter 30 of the Code of
Ordinances of the City of Paris, the same consisting of Sections 30-50 through 30-59, to be entitled “Tax
Abatement for Historical Structures”, to read as follows:
Sec. 30-50. Tax abatement for historically significant sites.
“
(a) Designation of historically significant sites - For the purposes of this Article IV, all
properties located within the boundaries of Historical Districts, as the same are and shall be
hereafter designated in accordance with Article VII, Chapter 7 of the Code of Ordinances
of the City of Paris, (the Historic Preservation Ordinance) and the Zoning Ordinance of the
City of Paris, as amended by Ordinance No. 2003-019, shall be and are hereby designated
as historically significant sites.
(b) Tax exemption of historically significant sites - Any property which is designated as
a “historically significant site” pursuant to the terms of this Article IV which is certified in
accordance with this Article IV to be in need of tax relief to encourage its preservation, and
which is substantially rehabilitated as provided herein, shall have abated for a period of
seven (7) years any increase in the assessed value for ad valorem tax purposes in excess of
the assessed value of the property for the tax year immediately prior to the renovation as
follows:
st
1 Year------------------------------100% abatement of added value
nd
2 Year------------------------------100% abatement of added value
rd
3 Year------------------------------100% abatement of added value
th
4 Year------------------------------ 80% abatement of added value
th
5 Year------------------------------ 60% abatement of added value
th
6 Year------------------------------ 40% abatement of added value
th
7 Year------------------------------ 20% abatement of added value
Only the historic structure and the land reasonably necessary for access to, and use of the
structure, shall be subject to the tax abatement. The abatement period shall begin on the
first day of the tax year following completion of the rehabilitation project. Upon
qualification, said abatement shall be available to any particular historically significant site
one (1) time only for a period of seven (7) years as set forth above.
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(c) Eligibility requirements for a tax abatement - to be eligible for a property tax
abatement, a property must as a minimum meet the following requirements:
1.The property must meet the requirements for designation as a historically
significant site.
2.The property must meet all requirements for application, certification and
verification as set forth herein.
3.The property must be certified in accordance with the procedures set out herein
as being in need of tax relief to encourage its preservation.
4.Tax abatement will be considered for eligible projects resulting in added real
property tax value above the base year for an expenditure in an amount of not
less than five thousand dollars ($5,000.00).
5.To be eligible for such an abatement, no property taxes may be owed on the
property itself, and the property owner must be current in the payment of all
property taxes for property owned and located within the City of Paris at the
time of application and throughout the term of the abatement.
6.All construction must be performed in full compliance with all applicable city
codes.
(d) Grant of tax abatement discretionary - The grant of any tax abatement as provided in
this Article IV shall be at the sole discretion of the City Council of the City of Paris, and the
creation of this policy providing for such tax abatement shall not in any way be construed
to imply that any applicant for tax abatement under this Article IV has the right or
entitlement to any such tax abatement. In exercising such discretion, the City Council may
determine those tax abatements which best serve the needs of the City of Paris for
preservation of historical structures relative to the tax revenue lost as the result of such
abatement.
Sec. 30-51. Application process.
Applications for a historically significant site tax abatement pursuant to this Article are
to be filed with the City Manager, or such other city official designated by the City manager
of the City of Paris, who shall be the agent for the City for the purposes of administering this
Article. Each application must be signed by the owner of the property, be acknowledged
before a notary public, and shall:
(a) State the legal description;
(b) Include an affidavit by the owner stating the proposed property is located within an
Historic District (HD), that no taxes are owed thereon, and that no taxes are owed on any
property in the City of Paris owned by the property owner;
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(c) Include detailed plans and/or descriptions of the proposed work demonstrating
rehabilitation is in accordance with the City’s Historic Preservation Ordinance and all City
codes;
(d) Include cost estimates indicating the construction, repair or rehabilitation will equal or
exceed five thousand dollars ($5,000.00);
(e) Include a projection of the estimated construction time and predicted completion date
of the construction, repair or rehabilitation;
(f) Authorize the members of the Historic Preservation Commission, the City Manager or
designee, and elected officials to visit and inspect the property proposed for certification to
verify that it is in need of construction, repair or rehabilitation and to verify construction,
repair or rehabilitation;
(g) Sign an agreement, styled Historic Preservation Tax Abatement Agreement, to in all
things comply with the requirements of this Article regarding the tax abatement, agreeing
to comply with all requirements of the City governing said improvements, providing for
recapture of all abated taxes following noncompliance with the requirements hereof, and
including such other terms and conditions as the City shall require;
(h) Include a tax certificate showing all taxes due upon the property have been paid;
(I) Provide any additional information to the Historic Preservation Commission, the City
Manager or designee, and elected officials, which the owner deems relevant or useful, such
as the history of the site, access to the site by the public, or any proposed changes in use of
the site;
(j) Provide such information as the owner shall deem appropriate and the City shall require
to establish the proposed property and property owner are in need of tax relief to encourage
the property’s preservation.
Sec. 30-52. Certification process.
(a) Upon receipt of the sworn application, the City Manager, or his designee, shall forward
the application to the Historic Preservation Commission and to appropriate City code
officials for review. The Historic Preservation Commission shall review the proposed repair
or rehabilitation for conformance with the City’s Historic Preservation Ordinance and with
regard to issuance of Certificates of Appropriateness where required. City code officials
shall review the proposed construction for compliance with all applicable city codes. The
Historic Preservation Commission shall also review and make findings and a
recommendation to City council regarding whether or not the proposed property and the
property’s owner are in need of tax relief to encourage the property’s preservation. In
making such findings, the Historic Preservation Commission shall review any and all
financial information, proposed construction cost information, and any other information
presented by the applicant or requested by the Commission in making a determination as to
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whether or not tax relief is necessary to encourage the property’s preservation. As part of
such review process, the Historic Preservation Commission shall conduct a pubic hearing
soliciting input from the general public, in accordance with its established procedure for
such hearings, related to the issue of whether or not a tax abatement should be granted for
the property. Following completion of its review, and making the necessary findings, the
Historic Preservation Commission shall forward the minutes of its proceeding, its stated
findings, and a recommendation with regard to said proposed tax abatement to the City
Manager. Upon receipt of such material from the Historic Preservation Commission, the
City Manager shall, within a reasonable time, place the matter upon a City Council agenda
for determination of eligibility.
(b) In determining eligibility, the City Council shall first determine that all the requirements
of this Ordinance have been met and that only the historically significant site and the land
reasonably necessary for access to, and use thereof, is to be provided favorable tax relief as
provided in this Ordinance. The City Council shall also review the findings and
recommendations of the Historic Preservation Commission as to whether or not the
property and the property owner are in need of tax relief to encourage the property’s
preservation. If eligibility is determined, the City Council shall authorize the City Manager
to enter into a tax abatement agreement and to execute a tax exemption certificate upon
verification of completion of repair or renovation. If required by the Lamar County
Appraisal District, the City Manager or designee shall provide annually a list of sites eligible
for tax exemption under this Article.
Sec. 30-53. Verification process.
Upon completion of the repair or rehabilitation, the certified applicant shall submit to
the City Manager, or his designee, a sworn statement of completion acknowledging that the
site has been substantially repaired or rehabilitated in accordance with the plan approved in
accordance with this Article. Applicant must also present documentation verifying that the
cost of repair or rehabilitation meets or exceeds the amounts established in Section 30-50
(c) of this Article. The City Manager, or his designee, and the Historic Preservation
Commission, upon receipt of the sworn statement of completion, but no later than thirty
(30) days thereafter, shall make an investigation of the property and shall approve or
disapprove that the property has been completed as required for certification. If the repair
or renovation deviates in any way from the plans approved by the Historic Preservation
Commission or the City’s Code Officials, verification of completion shall be deemed
unfavorable, and the applicant shall be required to complete or correct the repair or
rehabilitation in order to obtain the tax abatement provided by this Article, or appeal the
City Manager’s or Historical Preservation Commission’s decision to the City Council.
When the verification of completion receives a favorable review by the Historic Preservation
Commission, the Commission shall notify the City Manager in writing of compliance.
Thereafter, if the City Manager is likewise satisfied, the City Manager shall execute a tax
exemption certificate and forward same to the Lamar County Appraisal District.
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Sec. 30-54. Property appearance guidelines.
Properties that receive tax abatement in accordance with this Ordinance shall maintain
said property in accordance with the requirements of the Historic Preservation Ordinance
and all applicable City codes.
Sec. 30-55. Alternation or destruction of property; recapture of taxes for non-
compliance.
During the abatement period, if the City Manager or his designee, or the Historic
Preservation Commission, has reason to believe that a structure receiving tax abatement
pursuant to this Article has been altered or totally or partially destroyed by the willful act
or negligence of the owner or his/her representative, the City Manager or his designee shall
immediately cause the matter to be scheduled for consideration by the City Council. If, after
giving notice and hearing to the owner, the City Council determines that the structure
receiving tax abatement pursuant to this Article has been totally or partially destroyed or
altered by the willful act or negligence of the owner or his representative, then the tax
abatement agreement shall terminate, all abatement of taxes shall likewise terminate, and the
owner shall immediately repay to the City and all other local taxing entities all of the tax
revenues that were not paid because of the abatement plus interest calculated at an annual
rate of seven percent (7%). This provision shall not apply to destruction or alterations that
result from acts of God.
If the tax exemption certificate executed by the City Manager is timely recorded by
the owner of the site in the Deed Records of Lamar county with the approved application,
the tax abatement authorized above shall constitute a covenant running with the land for the
seven (7) year period provided in this Article. Should the owner of the site ever cease to
comply with the terms of the application and of this Article during such seven (7) year
period, the abatement may be revoked for the years remaining within such seven (7) year
period, upon the finding of such non- compliance by the City Council, after giving notice
and hearing to the owner. The City Manager or his designee shall advise the Chief
Appraiser of the Lamar County Appraisal District of the revocation of the abatement and
shall file an appropriate document in the Deed Records of Lamar County revoking the tax
abatement.
In the event that any affected jurisdiction having granted tax abatement determines that
the applicant or owner is in default of any of the terms or conditions contained in the tax
abatement agreement, then the affected jurisdiction shall give the applicant or owner (60)
days written notice to cure such default. In the event such default is not cured to the
satisfaction of the affected jurisdiction within the sixty (60) day notice period, then the tax
abatement agreement shall terminate, all abatement of taxes shall likewise terminate, and the
owner shall immediately repay to the City and all other local taxing entities all of the tax
revenues that were not paid because of the exemption plus interest calculated at an annual
rate of seven percent (7%).
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In every case of termination set forth above, the affected jurisdiction having granted
the tax abatement may determine whether default has occurred by the applicant or owner
in the terms and conditions of the tax abatement agreement, and shall so notify all other
affected jurisdictions. Termination of the tax abatement agreement by any affected
jurisdiction shall constitute simultaneous termination of all tax abatement agreements of all
other affected jurisdictions.”
Section 4.
That this ordinance shall not be construed so as to conflict with any State or Federal
statute.
Section 5.
That all ordinances or portions of ordinances in conflict with the terms and provisions
of this ordinance shall be and are hereby repealed to the extent of such conflict only.
Section 6.
That if any section, subsection, paragraph, sentence, clause, phrase, or word in this
ordinance or the application thereof to any person or circumstance is held invalid by a court of competent
jurisdiction, such holding shall not affect the validity or the remaining portions of the ordinance, and the
City Council hereby declares that it would have passed such remaining portions of the ordinance despite
such invalidity.
Section 7.
That this ordinance shall be effective December 1, 2004.
PASSED AND APPROVED
this the 8th day of November, 2004.
____________________________________
Curtis Fendley, Mayor
ATTEST:
_____________________________
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
_____________________________
Larry W. Schenk, City Attorney
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