93-014 ORD PROVIDING CODE OF ORDINANCES BE REVISED BY AMENDING CHAPTER 30 OF SAID CODE
ORDINANCE N0. 93-014
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 REINVESTMEN'T ZONE FOUR: REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE OF APRIL 12, 1993.
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 8th day of April, 1993, a hearing before
the City Council was had, 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 of real
property that is to be included in the proposed reinvestment
zone; ard,
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 notices of such hearings have 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 Four; and,
c) That creation of the proposed zone within said Zone
Four, 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 Four,
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 ot the City"; and,
e) Z'hat the reinvestment zone located within said Zone
Four, 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. Four of the City of Paris, Texas.
Section 4. That the zone shall take effect on
April 12, 1993, 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 successional 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;
b) Prevent the loss of a significant number of jobs
which initially could be as much as 100 or as little as
20 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;
c) Have a minimum expenditure of $19,032,000 for the
proposed improvements ar repair;
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;
b) A listing of the kind, number, location and costs
of all proposed improvements of the property;
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;
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 ot 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 Law, Article 6252-17, V.T.C.S., and that a public
hearing was held prior to the designation of such
reinvestment zone and that a proper notice of the hearing was
published in the official newspaper of the City, and
furthermore, 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 approved on this 12th day of April, 1993, by
the City Council of the City of Paris, Paris, Texas.
eorge Fis er, Mayor
ATTEST:
Mattie Cunning am, City er
APPROVED AS TO ORM:
~
. K. Haynes, City Attorney