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98-067 ORD PROVIDING THE CODE OF ORDINANCES BE REVISED BY AMENDING CHAPTER 30 OF SAID CODEORDINANCE NO. 98-067 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. 6: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 9, 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 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 l lth 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, WHEREA5, 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 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 has made the following findings and determinations: a) 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 Reinvestment Zone No. 6; 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 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 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 Ciry 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. 6 of the City of Paris, Paris, Texas. Section 4. That the zone shall take effect on November 9, 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 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: 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 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, 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, fl 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) Conform to all the requirements of the City's zoning ordinance; and, h) 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 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 property; 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 S. 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 9th day of November, 1998, by the City Council of the City of Paris, Paris, Texas. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: - ~ Scott P. Foster, City Attorney II ~ QaN Z ~ WNO Or B = ? U 'i QZO R =O u ~e ! 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