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.
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C....JJAk.i • ,
Notary Yubli, Lamar unty, Texas
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