92-033 ORD AND RES DESIGNATING REINVESTMENT ZONE NUMBER THREE FOR PURPOSES OF TAX ABATEMENT AND AUTHORIZING TAX ABATEMENT AGREEMENT BETWEEN COP AND MERICO INC
ORDINANCE N0. 92-033
AN ORDINANCE AND RESOLUTION DESIGNATING REINVESTMENT
ZONE NUMBER THREE FUR PURPOSES OF TAX ABATEMENT AND
AUTHORIZING THE EXECUTION, I7ELIVERY AND PERFORMANCE OF THAT
CERTAIN TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PARIS,
PARIS, TEXAS, AND MERICO, INC. PERTAINING TO CERTAIN PROPERTY
OWNED BY MERICU, INC. IN THE PARIS ENTERPRISE ZONE AND
REINVESTMENT ZONE N0. THREE, AND OTHER MATTERS RELATING
THERETO; AND PROVIDING FOR AN EFFECTIVE DATE UF SEPTEMBER 14,
1992.
WHEREAS, by Resolution duly adopted by the City Council
of the City of Paris, on September 14, 1992, the City (i)
elected to participate in tax abatement in accordance with
the Property Redevelopment and Tax Abatement Act, V.T.C.A.,
Tax Code 9312.001 et.seq., hereinafter referred to as the
Act; and (ii) adopted Guidelines and Criteria for Designation
of Reinvestment Zones and Tax Abatement Agreements,
hereinafter referred to as Guidelines; and,
WHEREAS, the Texas Department of Commerce authorized and
approved the creation and designation of the Paris Enterprise
Zone, including among other property the real property
described in Exhibit A attached hereto, pursuant to the
Agreement for Designation of an Enterprise Zone, dated June
12, 1989, by and between the Texas Department of Commerce and
the City of Paris; and,
WHEREAS, Section 312.2011 of the Act provides that
designation of an area as an enterprise zone under the Texas
Enterprise Zone Act constitutes designation of the area as a
reinvestment zone under the Act without further hearing or
other procedural requirements or other designation; and,
WHEREAS, by Resolution No. 89-068 duly adopted by the
City Council of the City of Paris, Paris, Texas on June 12,
1989, the City established and designated Paris Enterprise
Zone, encompassing the real property described in Exhibit A
attached hereto for purposes of the Tax Increment Financing
Act and the Act; acid,
WHEREAS, Merico, Inc., hereinafter referred to as Owner,
owns certain real property in the City of Paris located
within Paris Enterprise Zone, on which Owner has constructed
and is currently operating a prepared food manufacturing
plant and related facilities; and,
WHEREAS, Owner proposes to expand the existing
facilities by the construction and installation of certain
improvements to be used in the manufacturing of bakery
products which Owner anticipates will increase the efficiency
of the facilities, thereby facilitating the maintenance of
current employment positions at the facilities, and creating
approximately 40-50 additional permanent employment
positions; and,
WHEREAS, the Owner submitted an application for tax
abatement to the City in accordance with the Guidelines; and,
WHEREAS, in order to encourage the Owner to construct
and install the proposed improvements and to continue to
operate the facilities, the City Council of the City of
Paris, has determined that it would be in the best interest
of the City to (i) designate the property as a reinvestment
zone for the purposes and and in accordance with Section
312.2011 of the Act, and (ii) enter into an agreement with
the Owner pursuant to the Act and the Guidelines to exempt a
portion of the value cf the property owned by Owner located
EXHIBIT A
Description of Reinvestment Zone Number Three
Parts of the plant site area of Merico, Inc. as depicted
as the shaded area upon page 2 of this Exhibit. Said plant
site is lucated upon the following described tract of land:
Situated within the corporate limits of the City of
Paris, County of Lamar, and State of Texas, a part of the
LZeddin Russell Survey and being all of a 4.113 acre tract of
land conveyed The Paris Industrial Foundation by deed
recorded in Volume 430, Page 437, also being a part of an
87.56 acre tract of land conveyed T'he Paris Industrial
Foundation by deed recorded in Volume 430, Page 337, of the
Deed Records of said County and State.
BCGINNING at a concrete marker for corner at the
Northwest corner of said 87.56 acre tract of land;
THENCC along the East Boundary Line of 19th Street
Northwest as follows: South 71 West, a distance of 285 feet;
South, a distance of 799 feet; South 451 East, a distance of
28 feet to a stake for corner;
THENCE along the North Boundary Line of Center Street as
follows: South 890 20' East, a distance of 2,653 feet; South
861 East, a distance of 296 feet to a stake for corner, said
point being 25 feet north of the Southeast corner of said
87.56 acre tract of land;
TfiENCE North, a distance of 818 feet to a stake for
corner;
THENCE East, a distance of 11 feet to a stake for
corner;
THENCE North, a distance of 65 feet to a stake for
corner;
THENCE South 880 West, a distance of 185 feet to a stake
for corner;
THE:NCE South 78° 30' West a distance of 410 feet to a
stake for corner;
THENCE North, 870 30' West, a distance of 224 feet to a
stake for corner;
THENCE North 80 West, a distance of 43 feet to a stake
f or corrier ;
THENCE North 810 West, a distance of 255 feet to a stake
for corner;
THENCE North 40 10' East, a distance of 783 feet to a
stake Lor corrier at the Southeast corner of said 4.113 acre
tract of land;
Tt{ENCE North 10 35' West, a distance of 374 feet to a
stake for corner at the NortheasC corner of said 4.113 acre
tract of land;
THENCE along the 5outh Boundary Line of Loop Highway
286, as follows: South 681 West, a distance of 35.4 feet;
South 72° West, a distance of 148 feet; South 67° West, a
distance of 400 feet; South 590 West, a distance of 101 feet;
South 670 West, a distance of 191 feet; South, a distance of
43 Leet; North 88° West, a distance of 104 feet; South 670
West, a distance of 538 feet; South 580 West, a distance of
611 feet to the PLACE OF BEGINNING dnd containing 90.62 acres
of land.
As determined by an actual survey made on the ground by
W. R. Abbott, Registered Public Surveyor of Texas, January
16, 1973.
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A-2
THE STATE OF TEXAS §
COUNTY UF LAr1AR §
TAX ABATEMENT AGREEMENT
This agreement is entered into by and between the City
of Paris, Paris, Texas, a municipal corporation of Lamar
County, Texas duly acting herein by and through is Mayor,
hereinafter referred to as CITY: and NIERICO, INC., duly
acting by and through its President, hereinafter referred to
as OWNER.
WITNESSETH:
WHEREAS, on the 14th day of September, 1992, the City
Council of the City of Paris, Paris, Texas, passed an
Ordinance establishing Reinvestment Zone No. Three in the
City of Paris for commercial and industrial tax abatement,
hereinafter referred to as ORDINANCE, as authorized by the
Property Redevelopment and Tax Abatement Act, as amended;
and,
tiJHEREAS, the CITY has previously adopted a policy on tax
abatement incentives; and,
WHEREAS, the policy on tax abatement incentives
constitutes appropriate guidelines and criteria governing tax
abatement agreements to be entered into by the CITY as
required by the Property Redevelopment and Tax Abatement Act,
as amended; and,
WHEREAS, the CITY has adopted a resolution stating that
it elects to be eligible to participate in offering tax
abatement agreements; and,
WHEREAS, in order to maintain or enhance the commercial
and industrial economic and employment base of the Paris area
for the long term interest and benefit of the CITY: and,
WI'.EREAS, the contemplated use of the property, as
hereinafter defined, the contemplated improvements to the
property in the amount as set forth in this AGREEMENT and the
other terms hereof are consistent with encouraging
development of said Reinvestment Zone No. Three in accordance
with the purposes for its creation and are in compliance with
the CITY'S policy on tax abatement incentives and the
ordinance creating such reinvestment zone adopted by the CITY
and all applicable laws;
NUW THEREFORE, the Parties hereto do mutually agree as
follows:
MERICO, INC. TAX ABATEMENT AGREEMENT - Page 1
EXHIBiTB
Default
§5. In the event that (a) the INIPROVEMENTS for which an
abatement has been granted are not completed in accordance
with this AGREEMENT or (b) OWNER allows its ad valorem taxes
owed the CITY to become delinquent and fails to timely and
properly follow the legal procedures for protest or contest
of any such ad valorem taxes; or (c) OWNER breaches any of
the terms and conditions of this AGREEMENT, then this
AGREEMENT shall be in default. In the event that the OWNER
defaults in its performance of either (a), or (b) or (c)
above, then the CITY shall give the OWNER written notice of
such default and if the OWNER has not cured such default with
thirty (30) days of said written notice, or, if such default
cannot be cured by the payment of money ard cannot with due
diligence be cured within a 90-day period owning to cause
beyond the control of the OWNER, this AGREEN:ENT may be
terminated by the CITY. Notice shall be in writing and shall
be delivered by personal delivery or certified mail to the
OWNER at the address of as shown in this section. As
liquidated damages in the event of default, all taxes which
otherwise would have been paid to the CITY without the
benefit of abatement (interest will be charged at the
statutory rate for delinquent taxes as determined by Section
33.01 of thE Property Tax Code of the State of Texas, but
without the addition of a penalty) will become a debt to the
CITY and shall be due, owing and paid to the CITY within
sixty (60) days of the expiratior of the above mentioned
applicable cure period as the sole remedy of the CITY subject
to any and all lawful offsets, settlements, dEductions, or
credits to which OWNER may be entitled. The parties
acknowleage that actual damages in the event of default and
termination would be speculative and difficult to determine.
Notice
§6. Ariy written notice required or permitted under the terms
of this AGKEEMENT shall be given and be cieemed to have been
duly served if either (a) delivered in person, or (b)
deposited certified mail, return receipt requested, postage
prepaid in the United States mail, addressed to the
designated representative of the respective parties which are
designated as rcllows:
IF TO CITY: IF' TU OWNER:
City Manager rlerico, Inc.
City of Paris 2020 19th Street N.W.
P. 0. 5ox 9037 Paris, TX 75460
Paris, TX 75461-9037 ATTN: Plant Manager
MERICU, INC. TAX ABATEMENT AGREErIENT - Page 3
Appraisal
F. It is understood and agreed among the parties that the
PROPERTY, also knows as Tax Reinvestment Zone Number Three,
sha11 be appraised at market value for the purposes of
property tax assessment effective January l, 1992, and
continued at market value until the expiration of this
AGREEMENT.
Conflict of Interest
§8. The CITY represents and warrants that the PROPERTY does
not include any property that is owned by a member of the
City Council approving, or having responsibility for the
approval vf, this AGREEIAENT.
Assignment
§9. The terms and conditions oz the AGREEr1ENT are binding
upon the successors and assigns of all parties hereto.
However, this AGREEMENT cannct be assigned by OWNER other
than to either the Parent Corporation or a wholly-owned
subsidiary of CWNER unless written permission is first
granted by the CITY, which permission shall be at the sole
discretion of the CITY.
Indemnification
§10. It is understood and agreed between the parties that the
OWNER, in performing its obligations hereunder, is acting
independently and the CITY assumes no responsibility or
obligations hereunder, and the CITY assumes no responsibility
or liability in connection therewith to third parties and
OWNER a;rees to indemnify and hold harmless the CITY
therefrom; it is further understood and ag-reed among the
parties that the CITY, in perforffiing its obligations
hereunder, is acting independently, and the OWNER assumes no
responsibility or liability in connection therewith to third
parties and the CITY agrees to indemnify and hold harmless
the OWNER therefrom.
Inspection
§11. The OWNER further agrees that the CITY, its agents and
employees, shall have reasonable right of access to the
property to inspect the IMPROVENIENTS in order to insure that
the construction of the IMPROVEMENTS are in accordance with
this AGREEMENT and all applicable state and local laws and
regulations or that the same have been validly waived. After
completion of the Ir1PROVEMENTS, the CITY shall have the
continuing right to inspect the PROPEKTY to insure that it is
thereafter maintained and operated in accordance with this
agreement during the term of the AGREEI4ENT.
MERICO, INC. TAX ABATEPIENT AGREEMENT - Page 4
Abatement
§12. Subject to the terms and conditions of this AGREEMENT,
and subject to the rights and holders of any outstanding
bonds of the CITY, a portion of ad valorem real property
taxes from the property otherwise owed to the CITY shall be
abated. Said abatement shall be an amount equal to 100% of
the taxes assessed upon the increased value of the
IMPROVEMENTS (including real and personal property) over the
value in the year in which this AGREEMENT is executed and in
accordance with the terms of this AGREEMENT and all
applicable state and local regulations or valid waiver
thereof; provided that the OWNER shall have the right to
protest or contest any assessment of the property and said
abatement shall be applied to the amount of taxes finally
determined to be due as a result of any such protest or
contest. Said abatement shall extend for a period of seven
(7) years begirir,ing from the first day of January of the year
following completion of the improvements.
Legal
§13. (1) This AGREEMENT was authorized by resolution of the
City Council at its regularly scheduled meeting on the 14th
day of September, 1992, authorizing the Mayor to execute the
AGREEMENT on behalf of the City.
(2) This AGREEMENT shall constitute a valid and binding
AGREEMENT between the CITY and OWNER pursuant to authority
granted by its Board of Directors on the 14th day of
September, 1992.
(3) This AGREEMENT shall constitute a valid and binding
AGREEMENT between the CITY and OWNER when executed in
accordance herewith, regardless of whether any other taxing
unit executes a similar agreement for tax abatement.
(4) This AGREEMENT is performable in Lamar County,
Texas.
(5) This AGREEMENT i_s effective this- 14th day of
September, 1992.
WITNESS our hands this 14th day of September, 1992.
APYROVED:
George Fisher, Mayor,
City of Paris
MERICO, INC. TAY ABATEMENT AGREEMENT - Page 5
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
OWNER,
MERICO, INC.
ATTEST: By:
, President
,Secretary
MERICO, INC. TAX ABATEMENT AGREEMENT - Page 6
EXHIBIT A
Description of Reinvestment Zone Number Three
Parts of the plant site area of Merico, Inc. as depicted
as the shaded area upon page 2 of this Exhibit. Said plant
site is lucated upon the following described tract of land:
Situated within the corporate limits of the CiCy of
Yaris, County ui Lamar, and State of Texas, a part of the
Keddin Russell Survey and being all of a 4.113 acre rract of
land conveyed The Paris lndustrial Foundation by deed
recorded in Volume 430, Page 437, also being a part of an
87.56 acre tract of land conveyed Z'he Paris Industrial
Foundation by deed recorded in Volume 430, Page 337, of the
Deed Kecords ut said County and State.
BCGINNING at a concrete marker for. corner at the
Northwese: corner of said 87.56 acre tract of land;
THENCC along the Easr Boundary Line of 19th Street
NorLhwest as follows: SouLh 71 West, a distance of 285 feet;
South, a distance of 799 feel:; South 45° East, a distance of
28 feeC to a stake for corner;
THENCE along the North Boundary Line of Center Street as
follows: South 890 20' East, a distance of 2,653 feet; South
86° East, a distance of 296 feet to a stake for corner, said
point being 25 teet north of the Southeast corner of said
87.56 acre tract of land;
T1iENCE North, a distance of 818 feet to a stake for
corner;
THENCE East, a distance of 11 feet to a stake for
corner;
THENCE North, a distance of 65 feet to a sCake for
corner;
THENCE South 881 West, a distance of 185 feet to a stake
for corner;
THENCE South 781 30' West a distance of 410 feet to a
stake for corner;
THENCE North, 870 30' West, a distance of 224 feet to a
stake for corner;
THENCE North 8° West, a distance of 43 feet to a stake
for corrier;
TtICNCE North 81° West, a distance of 255 feet to a stake
for corner;
1'tiL•'NCE North 40 10' East, a distance of 783 feet Lo a
stake for corner at the Southeast cortier of said 4.113 acre
tract of land;
TtiLNCE North 10 35' West, a distance of 374 feet to a
stake Ior corner at the Northeast corner of said 4.113 acre
tract of land;
TNENCE along the South Boundary Line of Loop Highway
286, as follows: South 680 West, n distance of 35.4 feet;
South 720 West, a distance of 148 feet; South 670 West, a
distance of 400 feet; South 59° West, a distance of 101 feet;
South 671 West, a distance of 191 feet; South, a distance of
43 Ieet; North 88° West, a distance of 104 feet; South 670
West, a distance of 538 feet; South 58° West, a distance of
611 feet Co the PLACE OF BEGINNING and containing 90.62 acres
of land.
As determined by an actual survey made on the ground by
W. R. Abbott, Registered Public Surveyor of Texas, January
16, 1973.
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EXHIBIT B
Description of Improvements
Merico, Inc., Earth Grains Division, agrees to
build a 13,200 square foot addition to its plant
located at 2020 19th Street N.W., in Paris, Texas.
This addition will be equipped with machinery and
equipment used in the manufacturing of bakery products.
The cost of this project is estimated to be between 4
and 8 million dollars. This construction will require
60-75 employees, and there will be 40-50 permanent
employees added to the work force because of this
addition.