03 Rienvestment Zone
DRAFT
F:A TTORNEY\ORDWORK\CURRENT
July 29, 2005
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY
OF PARIS, BE REVISED BY AMENDING CHAPTER 30 OF SAID CODE;
PROVIDING FOR THE ESTABLISHMENT OF REINVESTMENT ZONE
NO. 11; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE OF AUGUST 1,2005.
WHEREAS, the City Council of the City of Paris, Paris, Texas, desires to promote the
development or redevelopment of a certain contiguous geographic area within its jurisdiction by the
creation of a reinvestment zone for commercial and industrial tax abatement, as authorized by the
Property Redevelopment and Tax Abatement Act, as amended; and,
WHEREAS, on the 19th day of September, 1996, and the 7th day of August, 1997, hearings
before the City Council were held, and the City, at such public hearings, invited any interested
person to appear and speak for or against the designation of an area of the City of Paris as an
enterprise zone; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of October,
1996, in Ordinance No. 96-060, which was amended on the 11 th day of August, 1997, by Ordinance
No. 97-039, nominate an area of the City of Paris as a state-designated enterprise zone; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 4th day of
December, 1997, in Resolution No. 97-146, authorize the execution of the Agreement for
Designation of an Enterprise Zone which designated an area of the City as an enterprise zone known
as the City of Paris Enterprise Zone; and,
WHEREAS, the City council on November 4, 2004, adopted Ordinance No. 2004-053
ordaining and reestablishing the City's participation in the Texas Enterprise Program pursuant to the
Enterprise Zone Act, Chapter 2303, Texas Government Code; and,
WHEREAS, V.T.C.A., Tax Code, Section 312.2011, states that designation of an area as
an enterprise zone constitutes designation of the area as a reinvestment zone without the necessity
of further hearing or other procedural requirements; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
.
Section 1. That the facts and recitations contained in the preamble of this Ordinance are
hereby found and declared to be true and correct.
Section 2. That the City has made the following findings and determinations:
a)
That the boundaries of a proposed reinvestment zone are described by the plat and
associated instruments attached hereto as Exhibit A, hereinafter referred to as
Reinvestment Zone No. 11; and,
b)
That creation of the proposed reinvestment zone will result in benefits to the City and
to land included in the zone and that the improvements sought are feasible and
practical; and,
c)
That the proposed reinvestment zone meets the criteria for the creation of a
reinvestment zone as set forth in the Property Redevelopment and Tax Abatement
Act, as amended, in that it is "reasonably likely as a result of the designation to
contribute to the retention or expansion of primary employment or to attract major
investment in the zone that would be a benefit to the property and that would
contribute to the economic development of the City"; and,
d)
That the proposed reinvestment zone meets the City's policy on guidelines and
criteria for the creation of a tax abatement reinvestment zone and eligible for tax
abatement.
Section 3. That, pursuant to the Property Redevelopment and Tax Abatement Act, as
amended, the City hereby creates a reinvestment zone for commercial and industrial tax abatement
encompassing only the area described by the metes and bounds description and depicted on the plat
attached hereto as Exhibit A, and such reinvestment zone is hereby designated and shall hereafter
be referred to as Reinvestment Zone No. 11 of the City of Paris, Paris, Texas.
Section 4. That the zone shall take effect on August 8, 2005, and shall remain designated as
a commercial and industrial reinvestment zone for a period of five (5) years from such date of
designation. Prior to or upon such date of expiration the City Council may renew such designation
for an additional successive period not exceeding two (2) years; provided, no agreement may be
extended beyond seven (7) years from the date of the original agreement.
Section 5. That, to be considered for execution of an agreement for tax abatement, the
commercial and industrial project shall:
T
a)
Be located entirely within the designated zone; and,
b)
Be reasonably expected to increase the appraised value of the property; and,
c)
Be expected to prevent the loss of employment, retain, or create employment on a
permanent, full-time basis in the City during the term of the Agreement; and,
.
d)
Not be expected to solely or primarily have the effect of merely transferring existing
employment from one part of the City to another without demonstration of increased
future investment (Dollars or jobs) or unusual circumstances whereby without such
a move employment is likely to be reduced; and,
e)
Promote among equally qualified job applicants the hiring of employees first from
within the 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; and,
t)
Not include property that is owned or leased by a member of the City Council of the
City of Paris nor by a member of the Planning and Zoning Commission; and,
g)
h)
Conform to all the requirements of the City's zoning ordinance; and,
Be consistent with the comprehensive plan of the City of Paris.
Section 6. That written agreements with the property owner(s) located within the zone shall
include, but not be limited to, the following terms:
a)
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;
t)
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 tax exemptions are in effect;
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;
.
j)
m)
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;
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;
I)
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
that the City Council may cancel or modify the agreement if the property owner fails
to comply with the agreement.
Section 7. That if any section, paragraph, clause, or provision of this Ordinance shall, for
any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance.
Section 8. That it is hereby found, determined, and declared that a sufficient notice of the
date, hour, place, and subject of the meeting of the City Council at which this Ordinance was adopted
was posted at a place convenient and readily accessible at all times as required by the Open Meetings
Act, V.T.C.A., Government Code, Chapter 551.
Section 9. That this Ordinance shall take effect immediately from and after its passage by
the City Council.
PASSED AND ADOPTED this 1 ST day of August, 2005, by the City Council of the City of
Paris, Paris, Texas.
ATTEST:
Curtis Fendley, Mayor
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
I