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98-018 ORD REVISE CHAPTER 30 OF CODE OF ORDINANCESORDINANCE NO. 98-018 AN ORDINANCE 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. FIVE: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF APRIL 13, 1998. 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 far commercial and industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, as amended; and, WHEREAS, on the 9th day of April, 1998, a hearing befare the City Council was held, such date being at least seven (7) days after the date of publication of the notice of such public hearing and the delivering of written notice to all taxing entities which includes within its boundaries real property that is to be included in the proposed reinvestment zone; and, WHEREAS, the City, at such public hearing, invited any interested person to appear and speak for or against the creation of the reinvestment zone and whether all or part of the territory described should be included in the proposed reinvestment zone and any concerns regarding the offering of tax abatement incentives; and, WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documentary, in favor of all the foregoing matters relating to the creation of the reinvestment zone and no opponents of the reinvestment zone appeared to contest the creation of the reinvestment zone, if any; NOW THEREFORE, BE IT RESOLVED 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, after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: a) That the public hearing on adoption of the reinvestment zone has been properly called, held, and conducted and that notice of such hearing has been published as required by law and mailed to all taxing units overlapping the territory inside the proposed reinvestment zone; and, b) That the boundaries of the reinvestment zone are described by metes and bounds and depicted on the plat attached hereto as Exhibit A, hereinafter referred to as Zone Five; and, c) That creation of the proposed zone within said Zone Five will result in benefits to the City and to land included in the zone and that the improvements sought are feasible and practical; and, d) That the reinvestment zone within said Zone Five 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, e) That the reinvestment zone located within said Zone Five 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. Five of the City of Paris, Paris, Texas. Section 4. That the zone shall take effect on April 13, 1998, 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 ar 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: a) Be located entirely within the designated zone; and, b) Create at least twenry-two (22) or more jobs and to 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, c) Have a minimum expenditure of $1,800,000.00 for the proposed improvements or repairs; and, d) 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, e) Conform to all the requirements of the City's zoning ordinance. Section 6. That written agreements with the property owner(s) located within the zone shall provide for the following: a) Terms regarding the amount and duration of the tax exemption; and, b) A listing of the kind, number, location, and costs of all proposed improvements of the properry; and, c) 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; and, d) 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 as provided by 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, that a public hearing was held prior to the designation of such reinvestment zone, that a proper notice of the hearing was published in the official newspaper of the City, and, furthermore, that such notice was, in fact, delivered to the presiding officer of any affected taxing entities as prescribed by the Property Redevelopment and Tax Abatement Act, as amended. Section 9. That this Ordinance shall take effect immediately from and after its passage by the City Council. PASSED AND ADOPTED on this 13th day of April, 1998, by the City Council of the City of Paris, Paris, Texas. Eric S. Clifford, Mayor ATTEST: Mattie Cunninghain, Ciry Clerk APPROVED TO FORM: ~ T. K. aynes, City Attorney FIELD NOTES Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of 'the James Bourland Survey 4169, and being a part of a 53.977 acre tract of land conveyed the Paris, Texas Industrial Foundation by deed recorded in Vol. 695, Page 959, a part of Tract 2 and all of Tract 1 as conveyed the Paris, Texas Industrial Foundation, Inc. by deed recorded in Vol. 643, Page 298, a part of a 5.758 acre tract of land conveyed the Paris Industrial Foundation by deed recorded in Vol. 651, Page 45, of the Deed Records of said County and State, and also being a part of the Old Brookston Road. BEGINNING at a concrete marker for corner at the Southeast corner of said Tract 1. THENCE: Along the North Boundary Line of Loop Hwy. 286 as follows: N 72° 03' 43" W, 272.8 ft. to a concrete marker; N 76° 31' 13" W, 250.2 ft. to a concrete marker; N 72° 03' 43" W at 585.5 ft. passing the Southwest corner of said Tract 1 and the East Boundary Line of said 5.758 acre tract, and at 685.8 ft. passing the West Boundary Line of said 5.758 acre tract and the Southeast corner of said Tract 2, and continuing on a total distance of 1155.2 ft, to a concrete marker at Hwy. Station P.T.=248+45.1; N 67° 28' 48" W, 141.4 ft. to a concrete marker; around a curve to the right (R=5582.578 and C=N 69° 03' 27" W, 292.6 ft.) 292.6 ft. to a concrete marker; N 69° 29' 12" W, 195 ft. to a concrete marker; around a curve to the right (R-5592.578 and C=N 64° 29' 16" W, 14.6 ft.) 14.6 ft. to a concrete marker for corner; \ tXHIB[TA THENCE: N 0° 12' 23" E, a distance of 516.6 ft. to a concrete marker for corner; THENCE: N 0° 15' 04" E, 136.9 ft. to a concrete marker for corner; THENCE: N 0° 10' 28" E, a distance of 495 ft. to a concrete marker for corner; THENCE: S 89° 17' 09" W, a distance of 151.3 ft. to a concrete marker for corner; THENCE: N 0° 20' 06" W, along the West Boundary Line of said 53.977 acre tract at 120 ft. passing a concrete marker and continuing on a total distance of 347.4 to a concrete marker for corner; THENCE: Around a curve (R=5779.578 and C=N 52° 57' 44" E, 1111.7 ft.) along the Southeasterly Boundary Line of the Sante Fe Railroad a distance of 1113.4 ft. to a concrete marker for corner; i THENCE: N 89° 27' 16" E, along the North Boundary Line of said 53.977 acre tract a distance of 717.1 ft. Eo a concrete marker for corner; THENCE: S 45° OS' 34" W, a distance of 340.5 ft. to a concrete marker for corner; THENCE: Around a curve to the left (R=985.3504 and C=S 29° 40' 34" W, 523.8 ft. to an iron pin for corner; THENCE: Around a curve to the right (R=120' and C=S 25° 47' 32" E, " 215.5 ft.) a distance of 267.6 ft. to an iron pin for corner; THENCE: N 89° 16' 34" E, a distance of 1163.8 ft. to a concrete marker for corner. THENCG: South a distance of 120.1 f.t. to a concrete marker for corner; THENCE: South a distance of 60.2 ft. to a concrete marker for corner at the Southeast corner of said 53.977 acre tract and in the North Boundary Line of said Old Brookston Road; THENCE: S 0° 34' 38" E, a distance of 42.7 ft. to an iron pin for corner at the Northeast Corner of said Tract 1 and in the South Boundary Line of said Old Brookston Road; THENCE: Along the East Boundary Line of said Tract 1 as follows: S 0° 37' 39" E, 419.1 ft. to a concrete marker; S 0° 06' 33" W, 498.2 ft. to a concrete marker; S 0° 56' 38" W, 887.5 ft. to the place of BEGINNING and CONTAINING 103.599 acres of land. I I, J.M. Nelson, Registered Public Surveyor of Texas, No. 4025, certify that the above depicted and described tract of land was taken from an actual survey made by me on the ground and completed on the 22nd day of January, 1987. ~ J.M. Nelson, R.P.S. of Texas, #4025 lll:D1 CA'Cl (lN Paris Industrial Foundation, Inc., owner of the herein depicted and described tract of land, does hereby certify that it has caused the same to be platted as shown, hereby adopt such plan of Subdivision, and does hereby dedicate to the Public the Streets, Alleys, or Easements as shown thereon, and that the sale of this lot will be in accordance with this plat. , • , Pa`rys Industrial Foundatio,ri, Inc. f ~1. McLaughlin, Preside%rt STATE OF TEXASX COUNTY OF LAMARX BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared J.D. McLaughlin, known to me to be the person whose name is subscribed [o the foregoing instrument, and acknowledged to me that he executed the same for the purpose and considera- tion therein expressed. O7/i GIVEN llNDER MY HAND AND SCAL OF OFFICE, this the / day of l"G Aruwi , 1981. ~ R?9A~CH 0Ti1 Tt:~:~t~,v ,c~ -'Z;s _ h' 7 Notary Public, Lamar County, Texas i ' ~ ~ APPROVED: Chairman, P1an ing and Zoning Commission Date i. ACCEPTED: _ ' ~'l~J• ,P 7 Mayor, of Yaris, Texas Date ~ ACCFPTANCF. The undersigned, the City Clerk of the City of Paris, hereby certifies that the foregoing final map or plat of the Southwest Industrial Park, No. 1 - Subdivision or Addition to t e City of Paris was submitted to the City Council on theS ,day of , 1987, and the Council by for.mal action then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said map or plat, and said Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. } . Witness my hand this ~ ay of A.D., 1987. ~ ~ 9.,~ o , t,... -,-~v~., ~C 1~St~._, City Clerk, City of Paris, ~xas STATE OF TEXASX COUNTY OF LAMARX BEFORE ME, the undersigned authority, a Notary Public and State, on this day personally appeared `r.th_K~~ known to me [o be the person whose name is subscribed strument, and acknowledged to me that he executed the and consideration therein expressed, as the act and d, Paris, and in the capacity therein stated. in and for said\County . I ~ ~ti" ,."._u..4 C~y''~i to the foregoin in- same for the purpose aed of said City of GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of y~:• , 1987. ~ I C....JJAk.i • , Notary Yubli, Lamar unty, Texas ,esi i •nn•o•a 4imin e iIoa , Y Q Q C,7 m OD ,,sF • . + r u . 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