15-APPROVE RES APPROVING AND AUTHORIZING TAX ABATEMENT AGREEMENT WITH KIMBERLY-CLARK CORPCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
8/8/ 12
Council Date:
PEDC
Steve Gilbert, Executive Director
15.
8/13/12
RECOMMENDED MOTION:
Move to approve a resolution approving and authorizing a Tax Abatement Agreement with Kimberly-
Clark Corporation.
POLICY ISSUE(S):
Economic Development
BACKGROUND:
For over 6 months the Paris EDC Board and Staff have been working with the K-C Plant Manager to
secure a major capital investment in the Paris plant over the next S years. In 2011 the K-C Paris plant was
awarded Enterprise Zone designation by the State of Texas with support of the City Council. Details of the
requested Tax Abatement are included in the Resolution and supporting documents. This information has
been forwarded to Lamar County Commissioner's Court and PJC Board of Regents for their consideration
and approval.
Philip Senn, Paris Plant Manager and their Tax Advisors will attend the City Council meeting to present the
project and answer any questions during the Public Hearing.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and Tax Abatement Agreement
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
City of Paris 67 Revised 6/20/12
~ ~ ~
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING AND AUTHORIZING A TAX ABATEMENT AGREEMENT WITH
KIMBERLY-CLARK CORPORATION; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris has been presented a proposed
agreement by and between the City of Paris, Texas and Kimberly-Clark Corporation,
providing for a commercial and industrial tax abatement for certain improvements, a copy
of which is attached hereto as Exhibit "A", and incorporated herein by reference hereinafter
called "Agreement"; and,
WHEREAS, upon review and consideration of the Agreement, and all matters
attendant and related thereto, the City Council is of the opinion that the terms and
conditions thereof ineet the Guidelines and Criteria for Tax Abatement and should be
approved, and that the Mayor should be authorized to execute it on behalf of the City of
Paris, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That the terms of the Tax Abatement Agreement and the property the
subject thereof ineet the City's Guidelines and Criteria for Tax Abatement adopted by the
City of Paris by Resolution No. 2005-144 passed on December 12, 2005, and as amended by
Resolution No. 2006 - 042 and Resolution No. 2012- , dated August 13, 2012.
Section 3. That the terms and conditions of the proposed Agreement attached
hereto as Exhibit "A", having been reviewed by the City Council of the City of Paris and
found to be acceptable and in the best interests of the City of Paris and its citizens, be, and
the same are hereby, in all things approved.
Section 4. That the Mayor is hereby authorized to execute the Agreement and
all other documents in connection therewith on behalf of the City of Paris substantially
according to the terms and conditions set forth in the Agreement attached hereto as Exhibit
«A„
Section 5. That the planned use of the property the subject of the tax abatement
will not constitute a hazard to public safety, health, or morals.
68
Section 6. That this approval and execution of the agreement on behalf of the
City is not conditioned upon approval and execution of any other tax abatement agreement
by any other taxing entity.
DULY PASSED AND APPROVED this 13th day of August, 2012.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
69
THE STATE OF TEXAS )
)
COUNTY OF LAMAR )
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement (the "Agreement") is entered into by and between
the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, situated in Lamar
County, Texas, acting by and through its authorized officer whose signature appears
below (hereinafter called "City"), and KIMBERLY-CLARK CORPORATION, acting
by and through its authorized officer whose signature appears below (hereinafter referred
to as "Owner").
WITNESSETH:
WHEREAS, the City Council of the City of Paris did heretofore, on the 8I' day of
August, 2011, pass Ordinance No. 2011-026, (hereinafter referred to as the
"ORDINANCE") authorizing the City of Paris to participate in the Texas Enterprise Zone
Program under the Texas Enterprise Zone Act, Chapter 2303 of the Texas Government
Code (the "Act"); providing tax incentives; nominating Kimberly-Clark Corporation to
the Office of the Governor Economic Development and Tourism through the Economic
Development Bank for Designation as a qualified business and Double Jumbo Enterprise
Project under the Act; designating a liaison for overseeing Enterprise Projects and
communicating with interested parties; making other findings and provisions related to
the subject; and declaring an effective date; and
WHEREAS, an Enterprise Zone Project Designation was granted for the
"project" described in the ORDINANCE and in this Agreement (hereinafter called the
"Project") by letter addressed to the City of Paris, Texas, and to the Company, dated
December 30, 2011, by the Office of the Governor of the State of Texas (Economic
Development & Tourism), in which a project designation number of EP811-090111-P
was assigned to this Project; and
WHEREAS, under the Texas Enterprise Zone Act (Government Code Chapter
2303), the designation of an area as an Enterprise Zone also constitutes designation of the
area as a reinvestment zone (the "Reinvestment Zone"); and the City of Paris, Texas,
ordained in Section 9 of the ORDINANCE that the Enterprise Zone areas within the City
(in which this Project is located) are Reinvestment Zones under the provisions of the
Texas Tax Code, Chapter 312; and
WHEREAS, the City Council of the City of Paris did heretofore, on the 13th day of
August, 2012, in Resolution No. , dated August 13, 2012, pass and adopt
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;
WHEREAS, the Property, as hereinafter defined, is situated within a Reinvestment Zone
described or referred to in the ORDINANCE; and the contemplated use of the Property,
;I
Ex~rlSrr'.. . ' 70
and the improvements to be installed therein in the amounts set forth in this Agreement,
and the other terms hereof are consistent with encouraging development of said
Reinvestment Zone in accordance with the purposes for which it was created 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;
NOW, THEREFORE,
The Parties hereto do mutually contract and agree as follows:
1.
Term
1.1 The term of this Agreement shall begin on the 13th day of August, 2012, with
tax abatement granted herein beginning with the tax year beginning January 1, 2013, and
expiring on December 31, 2022.
H.
The "Property" - Area to be Improved
2.1 The Improvements (defined in paragraph III, below) which are the subject of
this Agreement shall be located within that portion of the buildings (herein called the
"Property") located at the Paris, Texas Plant owned by the Owner and described in Exhibit
A, attached hereto (which Property is within the Reinvestment Zone and the Enterprise
Zone).
III.
Owner's Land - Where Improvements Will Be Located
3.1 The Owner's current facilities consist of land, buildings, and other structural
improvements at the Owner's Paris, Texas plant described in Exhibit B, attached hereto.
The Owner shall make improvements and replacements (herein called the "Improvements")
to the equipment within the Property in the locations shown on Exhibit A, above. The
Owner's operations in Paris, Texas, are part of its Personal Care Division which
manufactures and markets disposable diapers, training and youth pants, swim pants, baby
wipes, feminine incontinence care products and related products. Over the next five years,
the Owner has determined to invest approximately $150 million dollars to significantly
enhance its machinery and equipment at its Paris, Texas plant, located at Loop 286 SW and
FM 137, in Paris, Lamar County, Texas, to create the conditions necessary for long-term
growth, all as is more particularly shown in detail in Exhibit A attached hereto. These
expenditures are "product improvement investments related to existing production lines", in
the Baby Care and Child Care Buildings, and Case Handling Upgrades in the Logistics
Building; and they will consist of investments made to upgrade machinery and equipment
technology used in the diaper manufacturing process specifically related to the Owner's
products known as Huggies, Pull-Ups, Goodnights and Little Swimmers produced at the
Paris, Texas plant. For example, new equipment enhancements will enable the Owner to
add new features to its Pull-Up training pants, and to introduce a new slip-on diaper, which
would, in turn, allow the Owner to remain competitive with other product offerings in the
-2
71
market. These capital spending investments will be made for the Improvements annually,
as is shown in Exhibit A attached hereto. A detailed descriptive list of the Improvements
contemplated to be installed by the Owner in the year, 2013, is attached hereto as Exhibit C,
and other Improvements will be installed in the Logistics Building in the year 2014, together
with the Improvements to be installed in the Baby Care and Child Care Buildings in each of
the years 2014 through and including 2017, all of which will also be described in the City's
Certificate of Completion prepared for the City by the Owner and verified by the City after
the completion and installation of the Improvements. Such completed and verified list
shall be furnished to and filed with the Chief Appraiser of the Lamar County Appraisal
District on an annual basis from 2013 through 2017. The City's Certificate of Completion
shall be duly executed by the Mayor of the City of Paris in the form attached hereto as
Exhibit D. The Improvements will cost approximately $150,000,000.00 in the aggregate,
and shall be substantially completed in various phases prior to December 30, 2017, as is
shown on the chart attached hereto as Exhibit E; provided, that Owner shall have such
additional time to complete the Improvements as may be required in the event of "force
majeure" if Owner is diligently and faithfully pursuing completion of the Improvements. For
this purpose, "force majeure" shall mean any contingency or cause beyond the reasonable
control of Owner including, without limitation, acts of God, or the public enemy, any
natural disaster, war, riot, civil commotion, insurrection, governmental or de facto
governmental action, unless caused by acts or omissions of Owner, fires, explosions,
accidents, floods, and labor disputes or strikes. The date of completion of the
Improvements shall be defined as the date a Certificate of Occupancy is issued by the City
of Paris, or as otherwise agreed in writing by the parties.
IV.
Consideration
Improvements
4.1 The Owner agrees and covenants that it will diligently and faithfully, in
a good and workmanlike manner, pursue the completion of the Improvements. As a good
and valuable consideration for this Agreement, Owner further covenants and agrees that all
construction of the Improvements will be in accordance with all applicable state and local
laws, codes and regulations, or Owner will procure a valid waiver thereof. In further
consideration, Owner shall thereafter, from the date a Certificate of Occupancy is issued or
the Improvements are completed as agreed, until the expiration of this Agreement,
continuously operate and maintain the Property and the Improvements, including the
specific units of new equipment as identified herein, as a production and manufacturing
plant.
V.
Consideration
Jobs
5.1 The City has provided in its Guidelines and Criteria for Tax Abatements,
for tax abatement for the benefit of its existing employers, such as the Owner herein, to
im rove their respective businesses and industries, as well as their profitability, even
though no new jobs are created as a result thereof. The Guidelines and Criteria provide
3
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substantially as follows in this regard: If an existing Employer owns or leases an
Authorized Facility (such as the Plant of the Owner herein), and it has plans to improve
such property by constructing new improvements on its real property or to add new
personal property (which includes equipment, such as that to be constructed by Owner
herein within the Property), such existing employer may be eligible for tax abatement
with respect to such improvements to its real property or its new personal property even
though no new jobs or newly created minimum annual payroll are created. In such cases,
however, the Owner is encouraged to retain as many jobs and as much existing annual
payroll as is economically feasible for the existing employer to do and remain
competitive in its industry.
5.2 The Owner agrees to retain sufficient employment levels to efficiently
operate and support its plant operations during the term of this Tax Abatement
Agreement.
VI.
Default
6.1 In the event that (a) the Improvements for which an abatement has been
granted are not completed in accordance with this Agreement or the expenditure for the
Improvements does not meet the amount required herein; 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
materially breaches any of the other terms and conditions of this Agreement, then this
Agreement shall be in default. In the event the Owner defaults in its performance of either
(a), (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 within sixty (60) days of said written notice, this
Agreement may be modified or terminated by the City. Notice shall be in accordance with
paragraph 13.3. As liquidated damages in the event of default, and in accordance with the
requirements of Section 312.205 (a)(4) of the Property Tax Code of the State of Texas, all
taxes which otherwise would have been paid to the City without the benefit of abatement,
together with interest to 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, with all penalties permitted
by the Property Redevelopment and Tax Abatement Act and the Property Tax Code of the
State of Texas, shall be recaptured and will become a debt to the City and shall be due,
owing, and paid to the City within sixty (60) days of the expiration 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 acknowledge
that actual damages in the event of default and termination would be speculative and
difficult to determine.
VII.
Tax Abatement
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7.1 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 Property
taxes from the Property otherwise owed to the City shall be abated. Said abatement shall be
an amount equal to one hundred percent (100%) of the taxes assessed upon the increased
value of the Improvements made by Owner to the Property described in Section III of this
Agreement, over the value in the year in which this Agreement is executed, in accordance
with the terms of this Agreement and all applicable state and local regulations or valid
waivers 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. For the purposes of this
Agreement, the initial value of the existing real property (not subject to abatement) shall be
deemed to be the value as shown on the tax rolls of the Lamar County Appraisal District as
of January 1 of the year in which the Agreement is executed (2011), said amount being
$178,198,620.00 for Land and Buildings. The current abatement which is the subject of
this Agreement shall extend for a period of ten (10) years beginning January l, 2013.
7.2 The abatement granted herein shall be subject to and governed by the Guidelines and
Criteria for Tax Abatements, a copy of which is attached hereto as Exhibit F, and Owner shall
comply with the requirements of Exhibit F in the performance of this Agreement, save and
except that, in the event of a conflict between the requirements of ExMbit F and this Agreeinent, this
Agreement shall control.
7.3 Owner covenants and agees that subsequent to the date of this Agreement, any
application by Owner for a new tax abatement for equipment or real property located within the
Property and the Reinvestment Zone applicable to this Agreement sha11 be subject to and
governed by the City's Criteria and Guidelines far Tax Abatement in effect at the time of the new
application.
VIII.
No Conflict of Interest
8.1 The Owner represents and warrants that the Property does not include any
Property that is owned or leased by a member of the Planning and Zoning Commission of the
City of Paris, nor by a member of the City Council approving, or having responsibility for the
approval of, this Agreement.
IX.
Conditions
9.1 The terms and conditions of this Agreement are binding upon and enforceable
against and with respect to the successors and assigns of all parties hereto.
9.2 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
. , 74
liability in connection therewith to third parties; and Owner agrees to indemnify and hold
harmless the City therefrom. It is further understood and agreed among the parties that the City,
in performing its obligations hereunder, is acting independently, and the Owner assumes no
responsibility or liability in connection therewith to third parties and, to the extent permissible
by law, the City agrees to indemnify and hold hannless the Owner therefrom.
X.
CompGance Provisions
10.1 The Owner agrees that the City, its agents and employees, shall have the
reasonable right of access to records concerning the Owner's investment in the Improvements for
the putpose of conducting an audit of the project Improvements and project costs. Any such audit
shall be made only after giving the Owner notice at least fourteen (14) days of notice in writing
in advance and will be conducted in such a manner as to not unreasonably interfere with the
operation of the facility. Upon request, the Owner will provide the City with a detailed
Asset Report with an itemized list of assets placed into service from the date of execution
of this Agreement to the date of completion. The Asset Report will provide for each asset
a unique serial and/or other identification number (if available), the date on which the
asset was capitalized, the acquisition amount, and the accumulated depreciation amount.
At the City's request, the Owner will provide actual invoices to support the amounts
shown on the Asset Report.
10.2 The Owner further agrees that the City, its agents and employees, shall have
reasonable right of access to the Property to inspect the Improvements 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 valid waiver thereof. After completion of
the Improvements, the City shall have the continuing right to inspect the Property to insure
that it is thereafter maintained and operated in accordance with this Agreement during the
term of the Agreement. All inspections will be made only after giving the Owner notice at
least seventy-two (72) hours in advance and such inspections shall be conducted in such a
manner so as not to interfere with the operation of the facility. Representatives of the City
inspecting the Property and Improvements shall be accompanied by one (1) or more
representatives of the Owner and shall sign an Agreement promising to maintain the
confidentiality of any information they obtain in connection therewith except for the purposes
of assessing and collecting ad valorem taxes and verifying or enforcing compliance with this
Agreement. Said representative shall also be required to observe any facility rule and
regulation applicable to the Property. Nothing herein shall be construed as limiting the City's
ability to perform inspections or to enter the Property the subject of this Agreement.
XI.
Initial and Annual Reporting
11.1 The Owner further agrees that it will, within thirty (30) days of completion
of the Improvements, provide City with a sworn report, written on company letterhead and
- . 75
signed by a designated representative of Owner, which contains the following information:
(a) Copy of the printout from the Lamar County Appraisal District showing the
market value of the Property prior to the construction of the Improvements;
(b) Detailed description of Improvements;
(c Copy of or identification of plans and specifications of constructed
Improvements and the location of the same for inspection by City's
certification team;
(d) Actual cost of capital Improvements; and,
(e) Date of substantial completion of the Improvements as defined in paragraph
3.1 hereof.
11.2 The Owner further agrees that it will provide City with an annual, sworn
report which shall certify, in writing, that it is in compliance with each applicable term of
this Agreement. Such annual report shall be furnished in such form as the City shall
require.
11.3 In addition to the annual report required under Section 11.2 hereof, the
Owner further agrees that it will provide City a copy of the Employer Reference summary
page of its Texas Workforce Commission Employer's Quarterly Report within thirty (30)
days of its filing of the same with the Texas Workforce Commission. The Owner will
provide an affidavit signed by the Plant Manager or an Officer of the Company certifying
that the information provided in the summary page is a true and valid report filed with the
Texas Workforce Commission.
XII.
Authority to Contract
12.1. This Agreement was authorized by resolution of the City Council at its
regularly scheduled meeting on the 13th day of August, 2012, authorizing the Mayor to
execute the Agreement on behalf of the City.
12.2 This Agreement was entered into by KIMBERLY-CLARK
CORPORATION pursuant to the authority granted to the authorized official whose
signature appears below.
12.3. 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.
XIII.
~ ~ 76 7
Legal
13.1 No officer, official or agent of the City has the power to amend, modify or
alter this Agreement or waive any of its conditions or to bind the City by making any
promise or representation not contained herein.
13.2 This Agreement, except by operation of law, shall not be assigned or transferred
by Owner, without the prior written consent of City, which consent shall be at the sole
discretion of the City.
13.3 Any written notice required or permitted under the terms of this Agreement
shall be given and be deemed to have been duly served if either (1) delivered in person, or
(2) 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 follows:
Owner
KIMBERLY-CLARK CORPORATION
Attn: Philip Senn, Plant Manager
2466 F. M. 137
Paris, TX 75460
With a Copy To:
Mr. Kirk Glasby
DuCharme, McMillen & Associates, Inc.
12710 Research Blvd, Suite 305
Austin, Texas 78759
City
City Manager
City of Paris
P. 0. Box 9037
Paris, Texas 75461-9037
City Clerk
City of Paris, Texas
P. O. Box 9037
Paris, Texas 75461-9037
13.4 If any term or provision of this Agreement shall be declared unconstitutional
or void by any court of competent jurisdiction, the constitutionality and validity of the
remainder of said Agreement shall not be affected thereby, and to this end the terms and
provisions of said Agreement are declared to be severable.
13.5 This Agreement sets forth the entire understanding between the parties, and
any other understandings or Agreements shall be canceled and superseded by this
Agreement upon the date of execution hereof. None of the terms of this Agreement shall be
waived, discharged, altered or modified in any respect, except by an Agreement in writing
signed by both parties and specifically referring to this Agreement. The captions in this
Agreement are included for convenience only and shall not be taken into consideration in
any construction or interpretation of this Agreement or any of its provisions. This
Agreement is performable in Lamar County, Texas, and shall be governed by, construed
and enforced in accordance with the laws of the State of Texas. The provisions of this
Agreement shall apply to, bind and inure to the benefit of the City, Owner, and their
respective successors, and permitted assigns, if any.
13.6 Venue for any actions arising under this Agreement shall lie exclusively in the
courts of Lamar County, Texas, for any state court action, and in the U.S. District Court for
7(
the Eastern District of Texas for any Federal Court action.
Witness our hands this 13th day of August, 2012.
CITY OF PARIS, TEXAS
By:
ATTEST:
, Mayor
APPROVED AS TO FORM:
Janis Ellis, City Clerk Kent McIlyar, City Attorney
KIMBERLY-CLARK
CORPORATION
By:
President-Taxes
ATTEST:
Secretary
I - 78 9
vice
LIST OF EXHIBITS: (To be attached to this Agreement)
A= The Property - Reinvestment Zone (the areas to contain the new
Improvements within the buildings at the Plant)
B= Field notes or plat of the Kimberly-Clark plant in Paris, TX.
C= Detailed descriptive list of the new Improvements which are the subject of
this Tax Abatement
D= City of Paris Certificate of Completion
E= Completion Chart Showing Plans for Capital Investment to Install the
Improvements by the Company and Tax Abatement
F= City of Paris, Texas Guidelines and Criteria for Tax Abatement
I - 79 10
EXHIBIT C
(Detailed Descriptive List of Improvements to be Installed by Owner)
During the year, 2013: (Kind, Number and Location)
Babv Care Building Improvements: ($7.8 MM in capital spending by Owner)
New unwinding equipment and hardware - 4 assets
New equipment to improve outer cover - 4 assets
New equipment to handle dust containment - 8 assets
New equipment to improve absorbency - number of assets not yet determined
Child Care Building Improvements: ($12.2 MM in capital spending by Owner)
New equipment to improve leg elastic and side panels - 3 assets
New equipment to improve waist elastic - 3 assets
New equipment to increase capability to produce swim pants - 3 assets
New equipment to handle dust containment - 10 assets
New equipment to change product length - 3 assets
New equipment to increase multiple size capability - 1 asset
Case Handling Upgrade in Logistics Building: ($4.0 MM in capital spending by Owner)
Begin purchase of equipment to support installation of 2 robotic palletizers
During each of the years, 2014 - 2017: (Kind, number and location of the equipment will be
communicated to the Office of the City Manager of the City of Paris, Texas (or to
another Office designated by the City), and to the Lamar County Tax Assessor-
Collector in the Lamar County Appraisal District Office, when the equipment to be
installed during each such year is finally determined by the Owner, or is installed,
so that such equipment can be inspected by such Offices in each year).
EXHIBIT E
-1 80
(Completion Chart by Kimberly-Clark Corporation)
EXHIBIT F
(Guidelines and Criteria for Tax Abatement)
I - .81
Exhibit A
(Reinvestmeat Zone Property)
- 82
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Exhibit B
(Kimberly-Clark Property)
46
' , y . . . . . . . . . ' . . . • . . . 4 . , . ' . .
~Fq~ • ' ' • sil~uted ~Uwt ik ■iles sovib SO Dcs, Ncse ot the tity of rarts; Cow+V of tsmiar
orL of the Jsa+ic Crutic Svrvry t~62, ~lus Jsre&n Suwqr t4I9.
' ad StAta ot tcs+s, a r nQ iM lca!at 'Cver Sd"cY 9313. And belns a trut ollbnd tGnvq~cd ito. Aaris. fe=u
~
f
ndoslrtal foua6itioa by dccd retw'ded. in Yol. SSO. Pigc 6360 o the. MeQFetords of
tid tounty anQ-Stale. • -
D"tanio9 +t Iroe pIn tor corocr 1n tbe• South •toundarjr l;ne of Ltis Texis aa4
'Wfic Railroad at lho twtWcst corncr of s-+id lound+tioe trsct of 1and, soid pofnt
:c~ny lhc.ast 1lorlberly lso~tlsc»t eornar of a tratt o/ iind.tonvcYcd D~nN Joncs et.
q dcrd.rtcordc0 Sn Yo1. 531. fape S79 of s+td Dccd Accords..' •
T~t ~1h At 696 tt. an ~ron p;n on a poot baalc inQ tontinuSns oa a tdtb1 dts ,
1„►eQ of 700 ft. te s petnt (or corncr tn sAid pool at t)►e Soutln+est toraer of satd ,
ovnd~t~~iC'i1oo~f land ina ot iiid tovnAattee L~act sslfolo+a: Sovt ,
~„eaq p~, E,st S3 Kin.. East 3182 tt.: ttortA 89 Dc9. Gst 1SS1 ft. to. aa iron ptn
for cornar at the Southesst corner of :aia Foune+L+on cf.ct -01 ~ana :na. tha ao.uba►:t
:orAc~ of s~id eng Uu,Wqst tfovndary L1na ot farw ltwd 137
Joncs ct #1 tract of 7and - TWnce p6rLh 31 De9• 30 rita. tsst a~
d1stAtice-o! 310 Lt• to a toacrcts wrker tor eor.eri , .
. , Thcoca alon9 the Skulherly taundlSr!l~n~ Ycst 6S1 t~: 286 ftortb a: D lo7lc9.aass IS rtN~~:ottli': 1! Do
es! ' •
jS Kia: ltcst 214 tt.; oKh 39 rke' for eornqr at the t l~ortli ~
1ot lt.: 1a*tA 44 ac9. uasL 276 tc.'t0 i COACT4Lt ~
' erly.m ~aSau ~ Dc9•s~tF>>o+lQtt?►a South 6ou nd~ • • .
arr Llat o! syid 7isas and P&eRi~e otl~sa: -
s BSYtsnc4 of 3364 tt. to t~t~0! •
. Ueytnairg.{ • ' ' .
~~ti 647 i~2~ .
. ~ - ' .
87
. . . . •.1•f :,N,.: . f,... i :R • l; ~ ' . .
i.•I . . ' ; . • . . o . . ~/1y^~:~f.~~l.~Y,'~.KF~'• ~~'4iGr~~" f:Y7~J+;~ ' :~~'y,, ''YC , ;.a:t.
. , .~'v ...t.~(: •Ii .ti'it: . . . . . . . . ' . , ' •
. 1 . . s 'CT 7 ' ~ . •
et.i:-+t.
~ Stt+utea albu~t~ ~i1cs Sa+th 50 Qc9• ~'ciC of-tlir City. qf Paris: 1Et~wntr
~d St+te of Yexss• rt of a~2fis R6iscrc tract of~~in~d coavcycd tt~onni Ja+e~sc L ai 4~ .
~11].. ~nd bctn~ • N . .
deee reca0ed iii ie•troA~piA for7eoreertst ibec ~ 1east eorner ofutke State.
pcyiaatng
an e1 corner ot satd Jones e! sl tracL ot•l+nd. .
i1o,9 ty,e SeuW Qounda.ry L1r+e of said jonas aC s7 triict o! land si td1•
s9 fty. 35 ilin. trst 611 tt.; Sovth 89 Oe9. 30 141n.•East sab tt.1 tast +t ,•'3 :
ss{ t~e .Soutluist eorncr of said Cnitso S~4Y a~ contlnuinm on a..iot
136~.5 !t. tt. !o sn Sroa PiA • !or eoracri . ,
t~e ItW'IA 71 De9. listai~ce of ]1'D/~ 30 Rle. tsit alony t!e k"ctt Oovndary, Lino ot,fa~'x~ lfotd1=1
. . • . .
~ dlsgs ~ of sa61d Jon~stot,it~tric~tolt~nd andrtha S~outhNitrcprner of sr trul ot" • •
coawcyea.Ue Aarts' Tcxss Industri3i, Foqadatfoa 1tr decd recordcd in tlol. LS/. •
pge 579, of ssid Oced Paords; ' . ,
711011~e ilTotiy tfw South 8ovndsrytine ot ssid Fovndatioa anQ the cstNlSSl tt~dJlortb "
ti" of 3sitid 3 Nte~nYcst ~182itt~ to land torlcorner-la a yoolcat lhe 3outhwcst torncr
E9 Oc9•
of s~id fou^datton trset 13'~spd Eist a
i~►eace 3o~tb 4 Oe4. , distanct of 712if , t lUe piaec,ol weain/
, . .
Tmcr :1I . . Sitvated 2% 011cs South 50 Ocg. L'est of the:City of raris. Counyr of law. . '
ind Slste of Tcxas# a part of lha lcmucl [wcr Svrvqy 1313. snd Lciny s part ef .
~ a 269.06 acre.tisct ot iand tonrcycd Donna Joncs.at s1 1U' dccd rerorQcd in Yol. .
SEI. 1a9e 579, of the Dacd Aecords ot sstd CovnY and.Stafe. • .
Bc9insin9 at sA iron ptn tor corncr in t1+o est toundary LSoc ot said =ver . ~
' Surrgy at an cl sorner et sotd Jones'ets•al tract o/ laod; said yotnt beJo9 tlie • •i•
Sovthcsst corner of the Jssle t►ulsc Svrvcy l762 and tAe I:ortbcsst corner of tbe' '
A.f.►` i F.0t.' Ce. Survqy t67). . , . . .
ThemF* Sovth 0 Dc9.'I5i{in. L'cst a diitanee of 9Z1 tt. to.sa iron'in tor . . .
corner ot tbe most [ssterly South"est tornar of *aSd Jones• ct al tract et lpnd; .
Ttsrnce iast a dlstancc of 1062 tt. to an fron pin tor 4.-orecr at the So4t}wcst .
corner af a traci of land eoe►ered Sl.17y J. Partridpe L deed recerded !n Ve). •
d~st~nec-bF-?O~t?t: -
S~T, Yi9e 201,. -D1"s71t3.Iced- Tecordii satd •polat bcfiy
tl'Oa lbE WLt Gt[Crly SOul1'Olft COrACr Ot ia3Q •JOACi Ct aI traCL Or is11dj ;
7hence Portb 31 Oep. Esst a dist&.Xe of'7S0 it. lo an iron pip, tor. eorner • • •
• •i thc Korthuvst cornar o[ sgid FartrSdqe traet of 1and; • • •
•ThcecF SooLA 39 Dcg. 45 Kln. [sst a dtstsacs of 200 it. to sn iron pSsi for .
corocr at tle xor[ANSt toreen of, sa1d' ParLrtd9e iract of land; •
• Tlunte alorg tAa k'cst 6oundiry LtnC 'of Fara ReaQ 337 ss lotlars: Jlround s • : .
' eurrs !o the lsf! 384 ft.; Norih ?S GtQ. 15 Ktm. Cast 76 tt.i Morlb 31 Dey. 30 •
~SIn. tsst 616 it. te an froe pte !or cornar. • .•7hente rcst a distsnce o! 7826 tC. lo tAe p)+ce o! brginntng .
iUDJLCT te'oii ar►d qas 14s50 datoE 7wgust 7, 19112, to Clialwess
Operseinq Cospae7r apPeasiag of seeosd in l►ootc 12, p+9i '9, Oil aad Ws
IoLsn Aeoords of Zswr County, Toxas, aad as aws.,ded on July i; 1lt2;,
beevsen Donna Jooas at al aed.Da+ CMaSCal GmpSny lsueeessor to ChalaaFs
Opesatiny Ccr+ysnyr), aad @aswola ia tavor of Sexa■ ?a+es i biqt►t '
co*P+nY as sppOasS of eecosd• "d as aAevn mt sasvq asds ~J. K Nelioa ~
1eglttered rublte iarvsyo.s o! Tauaa. No. 4025, daCsd APsil 19h ~ aad t.
tLi srsosvatioq o! 1/litD ooa-Oarcieipacio sorale~! iatesest fat 15 „irs
xeuia~d !a~s ad date0~r 22 1971 iso` ~aek san~a~ad Hiliiaos st 42 to
J. D• ?letAvshllo saCOSd~d" ta ioofc 517. Ta=e TlS, .Immss Couorp Dsad lveerda.
L~ISP! $ . .
~ sw ~?.nctP~i1 , ' •
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' 88
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v3`z if~wr
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NA C . .I
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COAIMt1CA
1 1 89
EXHIBIT C
(Detailed Descriptive List of Improvements to be Installed by Owner)
During the year, 2013: (Kind, Number and Location)
Baby Care Building Imnrovements: ($7.8 MM in capital spending by Owner)
New unwinding equipment and hardware - 4 assets
New equipment to improve outer cover - 4 assets
New equipment to handle dust containment - 8 assets
New equipment to improve absorbency - number of assets not yet determined
Child Care Building Improvements: ($12.2 MM in capital spending by Owner)
New equipment to improve leg elastic and side panels - 3 assets
New equipment to improve waist elastic - 3 assets
New equipment to increase capability to produce swim pants - 3 assets
New equipment to handle dust containment - 10 assets
New equipment to change product length - 3 assets
New equipment to increase multiple size capability - 1 asset
Case Handling Upgrade in Logistics Building: ($4.0 MM in capital spending by Owner)
Begin purchase of equipment to support installation of 2 robotic palletizers
During each of the years, 2014 - 2017: (Kind, number and location of the equipment will be
communicated to the Office of the City Manager of the City of Paris, Texas (or to
another Office designated by the City), and to the Lamar County Tax Assessor-Collector
in the Lamar County Appraisal District Office, when the equipment to be installed during
each such year is finally determined by the Owner, or is installed, so that such equipment
can be inspected by such Offices in each year).
90
Exhibit D
(Certificate of Completion)
91
CERTIFICATE OF COMPLETION
STATE OF TEXAS
COUNTY OF LAMAR
CITY OF PARIS
The City of Paris, Texas, has included the Property described in Exhibit A attached hereto
into a Reinvestment Zone established by Ordinance No. 2011-026 on August 8, 2011, and has
executed and delivered a Tax Abatement Agreement with KIMBERLY-CLARK CORPORATION
for certain equipment (the "Improvements") to be installed at the corporation's plant in Paris, Texas.
KIMBERLY-CLARK CORPORATION has complied with all of the terms of the Tax
Abatement Agreement, and the City of Paris herein verifies that the Improvements agreed to be built,
installed and used have in fact been completed as provided for in the Tax Abatement Agreement.
NOW THEREFORE, the City of Paris authorizes that the Property described in Exhibit A
attached hereto shall receive a tax abatement of 100% of the taxes assessed upon the increased value
of the Improvements so installed over the value in the year in which the Tax Abatement Agreement
was executed, for a duration of ten (10) years, beginning January 1, 2013.
APPROVED this day of , 20 .
Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
City Attorney
92
EXHIBIT E
(Completion Chart by Kimberly-Clark Corporation)
93
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EXHIBIT F
(Guidelines and Criteria for Tax Abatement)
95
CITY OF PARIS, TEXAS
POLICY STATEMENT
CRITERIA AND GUIDELINES
FOR TAX ABATEMENT
1. General Purpose and Objectives.
The City of Paris, Texas (herein called the "City") is committed to enhancing the
competitiveness and the expansion potential of the City's manufacturing industry; to attracting and
encouraging new manufacturing industry and investment; to improving the City and its
infrastructure which attracts and supports development; and, to expanding the tax base,
employment opportunities, and the overall quality of life for its citizenry. Therefore, the City will
give consideration, on a case-by-case basis, to providing tax abatement according to state law to
the owners of real property for projects which stimulate economic growth and diversification in
the City.
Tax abatement benefits may be made available to industrial, manufacturing, distribution,
and service facilities currently in the City or locating in the City if located in a designated
Enterprise Zone or Reinvestment Zone. New facilities and structures as well as the expansion
and modernization of existing facilities and structures, will be considered. Evaluation of a tax
abatement request will be based on the information provided in the taac abatement application.
However, the City is under no obligation to provide tax abatement to any applicant.
II. Definitions
a) "Abatement" or "abatement" means "tax abatement", which is the full or partial
exemption from ad valorem taxes of certain real and tangible personal property in a
Reinvestment Zone designated for economic development purposes.
b) "Agreement" means the written agreement for tax abatement between a property
owner and/or lessee and the City.
c) "Authorized Facility". A facility may be eligible for abatement if it is a
Manufacturing Facility, a Research Facility, a Regional Distribution Facility, a Regional Tourist
Entertainment Facility or Other Basic Industry (all of which terms are defined below); or if the
facility is a Historic Property defined in Section IV (b) below within a City of Paris Historical
District.
d) "Base Year Value" means the assessed value of eligible property as of January 1,
preceding the date of execution of the agreement plus the agreed upon value of eligible
property improvements made after January 1, but before the execution of the agreement. The
Base Year Value may be adjusted either up or down from year to year as per renditions by the
Lamar County Appraisal District.
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e) "Employer" means the owner or lessee of Property who provides Jobs within the
Reinvestment Zone or within the Enterprise Zone, applying for tax abatement,
fl"Enterprise Zone" means an area of land designated as such under Chapter 2303 of
the Texas Government Code.
g) "Jobs" or "a Job" as used herein means a position of full-time employment for an
individual to work 32 hours or more per week for an Employer, in which position the individual
is provided the benefits normally offered by the Employer, such as health insurance, vacation
time and some form of retirement benefit. A Job is not a position filled for the Employer as a
worker or employee of an employment agency or service. "Jobs" as used herein includes "Full-
time Equivalent Jobs", as defined below.
h) "Full-time Equivalent Jobs" means a number of part-time jobs where the hours worked
in each such job is less than 32 hours per week, made available by one Employer and added
together. For example, sixteen (16) part-time jobs made available by one Employer where all
such part-time jobs added together require a total of 352 hours of work per week (but no such
part-time job requires 32 hours of work or more per week), will equal eleven (11) Full-time
Equivalent Jobs (352 hours divided by 32 hours per week equal 11). Full-time Equivalent Jobs
do not require the employee to receive benefits from the Employer.
i) "Manufacturing Facility" means buildings and structures, including fixed machinery
and equipment, the purpose of which is or will be the manufacture of tangible goods or materials
or the processing of such goods or materials by physical or chemical change. Facilities
primarily engaged in assembling component parts of manufactured products are also considered
manufacturing facilities.
j) "Modernization" means the replacement and upgrading of existing facilities which
increases the productive input or output, updates the technology, or substantially lowers the
unit cost of operation. Modernization may result from the construction, alteration or
installation of buildings, structures, fixed machinery or equipment, but shall not be for the
purpose of reconditioning, refurbishing, repairing, or deferred maintenance.
k) "Other Basic Industry" means buildings and structures, including fixed machinery and
equipment, not elsewhere described, used, or to be used for the production of products or
services which result in the creation of new Jobs and bring new wealth into the City.
1) "Personal Property" means machinery, equipment, tools, shelving or materials eligible
under applicable law for tax abatement, which can be removed from an authorized facility
described in Section IV (a) below.
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m) "Property" means Real Property or Personal Property defined herein, as is applicable
according to the context where used herein, that is eligible for tax abatement.
n) "Real Property" means the land within an Enterprise Zone or a Reinvestment Zone,
together with all improvements and fixtures constructed or otherwise situated thereon.
o) "Regional Distribution Facility" means buildings and structures, including fixed
machinery and equipment, used or to be used primarily to receive, store, service, or distribute
goods or materials where a majority of the goods or services are distributed to points at least 100
miles from its location in the City.
p) "Regional Tourist Entertainment Facility" means buildings and structures, including
fixed machinery and equipment, used or to be used in providing amusement/entertainment
through the admission of the general public where the majority of users reside at least 100 miles
from the City and where the majority of users are likely to stay in the City for more than one day
and will therefore likely utilize local restaurants and hotel/motel accommodations.
q) "Reinvestment Zone" is an area where the City or County has decided to influence
development patterns and attract major investments that will contribute to the development of the
area through the use of tax abatement for specified improvements.
r) "Research Facility" means buildings and structures, including fixed machinery and
equipment, used or to be used primarily for research or experimentation to improve or develop
new tangible goods or materials or to improve or develop the production processes thereto.
s) "Tax Abatement Committee" means the committee of persons designated from time
to time by the Paris Economic Development Corporation to study, review and recommend tax
abatement to the applicable taxing entities in the community. The Tax Abatement Committee
will be composed of one person from each of the City (the City Manager or designee), the
County of Lamar (the County Judge or designee), Paris Juniar College (the President or
designee), the Chief Appraiser of the Lamar County Appraisal District, and the Executive
Director of the Paris Economic Development Corporation.
III. Designation of a Reinvestment Zone.
The City or County may designate an area as a Reinvestment Zone in accordance with
the criteria and procedural requirements set forth in the Property Redevelopment & Tax
Abatement Act, as amended (Texas Tax Code Sec. 312.401 (b)).
For any area within the jurisdiction of the City to be eligible for tax abatement it must
meet the criteria for designation as a tax abatement Reinvestment Zone as set forth in the
Property Redevelopment and Tax Abatement Act, Texas Tax Code Chapter 312.
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Iv. Tax Abatement Authorized.
The City, through its Council, may agree in writing with the owner and/or lessee of
taxable Real Property that is located in a Reinvestment Zone, but that is not in an improvement
project financed by tax increment bonds, to exempt from taxation a portion of the value of the
Real Property, or of Personal Property located on the Real Property, or both. The period of the
abatement granted under the agreement shall not exceed the term authorized by law. Such
agreement will be based on the condition that the owner or lessee of the Property makes
specific improvements or repairs to the Property. An agreement may provide for the exemption
of the Real Property in each year covered by the agreement only to the extent its value for that
year exceeds the Base Year Value. An agreement may provide for the exemption of Personal
Property located on the Real Property in each year covered by the agreement other than Personal
Property that was located on the Real Property at any time before the period covered by the
agreement. Inventory or supplies cannot be abated as Personal Property.
Tax abatement may only be granted for additional value of eligible Property
improvements made subsequent to and specified in an abatement agreement between the City and
the Property owner or lessee subject to such limitation as the City may require. The additional
value must exceed any reduction in the fair market value of other property of the owner already
on the tax role with the jurisdiction of the City. Change in appraised value does not qualify for
abatement except in an instance where a previously vacant Authorized Facility is utilized. Value
added to the tax rolls must come from actual capital expenditures.
The negotiation of tax abatement contracts will be conducted by the Paris Economic
Development Corporation, in conjunction with the City Manager or designee to the Tax
Abatement Committee. In determining where and how tax abatement will be utilized, the Tax
Abatement Committee will examine the potential return on the public's investment. Return on
public investment will be measured in terms of (i) Jobs created, (ii) Jobs retained in cases of
existing Employers within the City, and (iii) broadening of the tax base, and expansion of the
economic base.
A property owner and/or lessee shall be eligible for tax abatement only upon the
following terms and conditions:
a) If the Property involved is an Authorized Facility.
b) If the Property involved is a Historic Property. In the City Historic Districts there are
certain commercial and residential tax exemptions allowed. Exterior improvements in the historic
districts are allowed at 100% for seven (7) years with a minimum investment of $5,000 for
residential property and $10,000 for commercial property. New residential construction requires
a minimum investment of $100,000 to be considered for a three (3) year 100% exemption. New
commercial construction requires a minimum investment of $200,000, for a 100% tax exemption
for three (3) years.
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c) If there will be the creation of new value. Abatements may only be granted for the
additional value of eligible Real and Personal Property improvements, subject to such
limitations as the City may require. Real Property tax abatement may be granted only to the
extent that its value for each year of the agreement exceeds its value for the year in which the
agreement is executed.
d) If there will be new Authorized Facilities created, or if existing Authorized
Facilities will be improved for purposes of modernization or expansion.
e) Eligible Property. Abatement may be extended to the value of buildings, structures,
fixed machinery and equipment, site improvements, tangible personal property, and that office
space and related fixed improvements necessary to the operation and administration of the
Authorized Facility; provided, however, that inventory or supplies shall not be eligible for
abatement. Eligible property for which abatement may be granted includes nonresidential real
property and/or tangible personal property not (ocated on the real property at any time before the
abatement agreement becomes effective.
fl Leased Authorized Facilities. If a leased Authorized Facility is granted abatement,
the agreement may be executed with the lessor and/or lessee, depending upon the particular
circumstances of the proposed project. If the agreement is with the lessor, lessor shall
demonstrate binding contracts with the lessee to guarantee compliance with the terms of the
agreement.
g) Value and Term of Abatement. The City will decide whether to grant tax abatement
to an applicant, and the amount, if any, of such abatement, on a case-by-case basis and in
accordance with these Criteria and Guidelines. The term of abatement granted under any
agreement may not exceed that permitted by applicable state law. The amount of the
abatement shall be based upon a percentage (0 to 100%) of all or a portion of the eligible property
within the Authorized Facility. Abatement may only be granted for the additional value of
eligible property improvements made pursuant to and listed in the agreement between the City
and property owner and/or lessee subject to such limitations as the City may require. If a
modernization project includes the replacement of improvements within an Authorized Facility,
the value eligible for abatement shall be the value of the new unit(s), less the value of the replaced
unit(s). The criteria that will be used in evaluating a particular application for abatement will
include, but not be limited to:
1) The dollar amount of the increase in the tax roll for the proposed project;
2) The number of Jobs created or retained by the Employer involved;
3) The possible effect the proposed project will have on attracting other taxable
improvements into the City;
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4) The nature of the proposed project and its overall effect on the City;
5) The proposed project's effect on the safety, health, and morals of the City's
residents;
6) Whether the proposed project will have any substantial long-term adverse effect
on the provision of City services or its tax base;
7) Whether the project meets all relevant zoning requirements;
8) Whether the project is consistent with the comprehensive plan of the City or
County of Lamar; and
9) The types and cost of public improvements and services (water and sewer main
extensions, streets and roads, etc.) required of the City and the types and values of
public improvements to be furnished by the applicant.
h) Economic Qualification. In order to be eligible to receive tax abatement, the
planned improvements:
1) Must be reasonably expected to increase the appraised value ofthe Property;
2) Must be expected to prevent the loss of employment, or the retention or
creation of Jobs in the City during the term of the agreement;
3) Should 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;
4) Must be necessary because capacity cannot be provided efficiently utilizing
existing improved Property when reasonable allowance is made necessary
improvements or relevant governmental actions.
i) Taxability. During the term of the agreement, taxes shall be payable as follows:
1) The Base Year of eligible property as determined each year by the Lamar
County Appraisal District shall be fully taxable; and
2) The additional value of eligible property above the Base Year Value shall be
taxable in the manner described in the agreement.
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The Chief Appraiser of the Lamar County Appraisal District shall annually determine an
assessment of the Real and Personal Property comprising the Reinvestment Zone. Each year, the
Employer, the company or individual receiving abatement pursuant to an agreement shall furnish
the assessor with such information as may be necessary to determine the amount of any
abatement. Once such value has been established, the Chief Appraiser shall notify the affected
jurisdictions which levy taxes on such Property and the Paris Economic Development
Corporation.
The Employer, owner or lessee of eligible Property requesting tax abatement within a
Reinvestment Zone shall, prior to the commencement of eligible property improvements, agree
to expend a designated sum of money and to create or retain a certain number of Jobs, or annual
payroll as further defined below.
V. Tax Abatement for Real Property; Creation of Jobs:
Tax abatement may be made available to Employers creating Jobs with respect to an
Authorized Facility located anywhere within the City or its extra territorial jurisdiction based
on the following:
a) To be eligible for any tax abatement, there must be a minimum capital investment in the
Authorized Facility of $250,000 and at least ten (10) new Jobs added to the Employer's labor
force. .
b) When an abatement percentage has been agreed upon it shall be granted for years
one (1) through three (3); thereafter, there will be a 20% reduction in the original amount abated
beginning with year four (4) and a similar reduction of 20% in each of the next three years until
100% of the Real Property valuation is added to the tax rolls.
c) Criteria for qualification for tax abatement are as follows:
Ca ital Investment
Min. Annual
Pa roll Created
Newly Created
Jobs
Possible Abatement
lst 3 Years Onl
2 - 0
125 0
10-25
2%
$350 001-$500 000
$325 000
26-50
30%
$500 001-$750 000
$635 000
51-75
40%
$750 001-$1 000,000
$945 000
76-100
50%
$1 000 001-$1 250 000
$1 260 000
101-125
60%
$1 250 001-$1 S00 000
$1 570 000
126-150
70%
$1 500 001-$1 750 000
$1 880 000
151-175
80%
$1 750 001-$2 000 000
$2 190 000
176-200
90%
2 000 001- 3 000 000
2 500 000
201-225
100%
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d) Any project with a capital investment of more than ten million dollars ($10,000,000),
accompanied by a newly created minimum annual payroll of two and one-half million dollars
($2,500,000), or creating more than two hundred twenty-five (225) Jobs will be individually
negotiated. No abatement will be granted for more than specified in state law.
e) If a newly created business is located or will locate within an Enterprise Zone, an
additional 10 to 20% abatement may be available as individually negotiated, with total
abatement not to exceed 100%.
VI. Tax Abatement for Personal Property; Creation of Jobs:
The City recognizes a significant difference in the valuation of real property and
personal property. Because of depreciation schedules, often the abatement of personal property is
basically a tax exemption. For this reason, the abatement schedule for personal property versus real
property is significantly different. If personal property should become obsolete and be replaced
while under an abatement agreement, the replacement personal property is not eligible for
abatement.
a) To be eligible for any tax abatement on Personal Property, there must be a minimum
capital investment of $250,000 in Personal Property and at least ten (10) new Jobs added to the
Employer's labor force.
b) When an abatement percentage has been agreed upon it shall be granted for years
one (1) through three (3); thereafter, there will be a 20% reduction in the original amount abated
beginning with year four (4) and a similar reduction of 20% in each of the next three years until
100% of the Real Property valuation is added to the tax rolls.
c) Criteria for qualification for tax abatement are as follows:
Ca ital Investment
Min. Annual
Pa roll Created
Newly Created
Jobs
Possible Abatement
lst 3 Years Onl
250 000- 350 000
125 000
10-25
20%
$350 001-$500 000
$325 000
26-50
30%
$500 001-$750 000
$635 000
51-75
40%
$750 001-$1 000 000
$945 000
76-100
50%
$1 000,001-$1 250 000
$1 260 000
101-125
60%
$1 250 001-$1 500 000
$1 570 000
126-150
70%
$1 500 001-$1 750 000
$1 880 000
151-175
80%
$1 750 001-$2 000 000
$2 190 000
176-200
90%
2 000 001- 3 000 000
2 500 000
201-225
100%
d) Any project with a capital investment in personal property of more than three million
dollars ($3,000,000), accompanied by a newly created minimum annual payroll of two and one-
half million dollars ($2,500,000), or creating more than two hundred twenty-five (225) new Jobs
will be individually negotiated. No abatement will be granted for more than specified in state
law.
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e) If a newly created business is located or will locate within an Enterprise Zone, an
additional 10 to 20% abatement may be available as individually negotiated, with total
abatement not to exceed 100%.
VII. Tax Abatement for Existing Employers Regarding Real or Personal Property
The City recognizes the value of its existing Employers to the well-being of the
community and desires to encourage existing Employers to remain in the City and to improve
their respective businesses and industries, as well as their profitability. Accordingly, if an
existing Employer (as opposed to a newly created business or industry moving into the City),
owns or leases an Authorized Facility and has plans to improve such Property by constructing
new improvements on its Real Property and/or adding new Personal Property to its Authorized
Facility which qualify for tax abatement under these Criteria and Guidelines, such Employer
may be eligible for tax abatement with respect to such improvements to its Real Property or its
new Personal Property under the provisions of Article V and IV above, even if no new Jobs or
Newly Created Minimum Annual Payroll are created. In these cases involving existing
Employers, the criteria for tax abatement for improvements to Real Property at Authorized
Facilities are identical to that set forth in Article V above (except that no new Jobs or Newly
Created Minimum Annual Payroll are required); and the criteria for tax abatement for new
Personal Property added to Authorized Facilities are identical to that set forth in Article VI
above (except that no new Jobs or Newly Created Minimum Annual Payroll are required). In
this regard, however, the City encourages existing Employers to retain as many Jobs and as
much existing Annual Payroll as is economically feasible for the existing Employer to do and
remain competitive in its industry.
VIII. Application.
a) Eligibility. Any present or potential owner of taxable property in the City may
request tax abatement by filing a written request with the City Manager or County Judge, with a
copy of the said application to be forwarded by the applicant to the Executive Director of the
Paris Economic Development Corporation.
b) Form. The application shall consist of a completed application form accompanied by
the following items:
1) A general description of the improvements to be undertaken together with the
projected new value to the Property and the type of business operation proposed;
2) A detailed descriptive list of the improvements for which abatement is
requested;
3) A list of the kind, number, and location of all proposed improvements of the
Property;
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4) A list of the number and type of Jobs created, including information
pertaining to anticipated job transfers;
5) A metes and bounds description and plat of the proposed Reinvestment Zone that
shows all roadways within 200 feet of the Reinvestment Zone and all existing zoning and
land uses within 200 feet of the Reinvestment Zone;
6) A time schedule for undertaking and completing the proposed
improvements;
7) The type and value of any economic development incentives requested; and
8) Any other information about the proposed project as may be required by the City or
as deemed desirable by the City.
c) Review. Once the application has been received, the information submitted will be
reviewed by the Tax Abatement Committee for completeness and accuracy. The Committee will
then distribute the application to the appropriate department heads and taxing entities for review
and comment. In addition, no tax abatement application shall be considered for further
processing by the governmental entities unless first approved by the governing board of the
Paris Economic Development Corporation.
d) Public Hearing. The City will comply with certain public notices and hearings
required as mandated by state law under the Property Redevelopment and Tax Abatement Act
prior to the designation of a Reinvestment Zone and execution of a tax abatement agreement. The
City may adopt an ordinance designating a tax abatement Reinvestment Zone only after notice of
a public hearing has been published at least seven (7) days before the date of the hearing, and all
other procedural requirements of Chapter 312 of the Texas Tax Code have been satisfied.
e) Findings. In order to enter into an agreement, the City must find that the terms of the
proposed agreement comply with these Guidelines and Criteria, that there will be no
substantial adverse affect on the provision of City services or tax base, and that the planned use of
the Property will not constitute a hazard to public safety, health or morals. Incident to approval of
any ordinance designating a Reinvestment Zone, the City shall find that the improvements sought
are feasible and practical and would be a benefit to the land to be included in the Reinvestment
Zone and to the City after the expiration of the agreement.
fl Variances. Requests for variance from the provisions of these Guidelines may be
made in writing to the City; provided, however, that in no event shall the term of any
abatement exceed the period authorized by applicable state law. Such request shall include a
complete description of the circumstances requiring a variance. Approval of a request for
variance shall require the affirmative vote of three-fourths (3/4) of the members of the City
Council.
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IX. Agreement.
After approval, the City shall formally pass an order or resolution and authorize the
execution of an agreement with the owner and/or lessee of the Authorized Facility which shall
include, but not be limited to the following terms:
a) The Base Year Value;
b) Percent of increased value to be abated each year;
c) The commencement date and the termination date of abatement;
d) Amount of investment and average number of jobs involved during the term of the
agreement;
e) The proposed use of the Authorized Facility, nature of construction, time schedule,
plat, property description, and improvement list, as provided in the application;
0 A listing of the kind, number, location, and costs of all proposed improvements of the
Properly;
g) A statement limiting the uses of the property consistent with the general purpose of
encouraging development or redevelopment of the Reinvestment Zone during the period
that property tax abatement is in effect;
h) That access to the project is 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;
i) 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 or
repairs as provided by the agreement;
j) Each term agreed to by the owner of the Property;
k) A requirement that the owner of the Property shall certify annually to the City that
the owner is in compliance with each applicable term of the agreement;
1) Contractual obligations in the event of default, violation of terms or conditions,
delinquent taxes, recapture, administration and assignment, or other provisions that
may be reGuired by state law, or in the discretion of the City Council; and
m) That the City may cancel or modify the agreement if the Property owner fails to
comply with the agreement.
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X. Default.
If the City determines that the person or entity receiving an abatement is in default
according to the terms and conditions of its agreement, the City shall notify the company or
individual in writing at the address stated in the agreement, and if such default is not cured within
a reasonable time specified in such notice ("Cure Period"), then the agreement may be modified
or terminated without further notice. In the event the company or individual allows its ad
valorem taxes owed to the City to become delinquent and fails to timely and properly follow the
legal procedures for their protest and/or contest, or violates any of the terms and conditions of the
agreement and fails to cure during the Cure Period, the agreement then may be modified or
terminated without further notice, and the agreement may provide a formula for recapture of all
or part of the taxes abated. At any time before the expiration, any tax abatement agreement may
be terminated by mutual consent of all parties involved in the same manner that the agreement
was executed.
XI. Confidentiality of Proprietary Information.
Information that is provided to a taxing unit in connection with an application or request for
tax abatement under these Guidelines and that describes the specific processes or business
activities to be conducted or the equipment or other property to be located on the Property for
which tax abatement is sought is confidential and not subject to public disclosure until the
agreement is executed. Such information in the custody of the City after the agreement is
executed is not confidential under these Guidelines.
XII. Proposed Tax Abatement Agreements to be decided on an Individual Basis.
The adoption of these Guidelines by the City does not limit the discretion of the City
Council to decide whether to enter into a specific tax abatement agreement, or limit the discretion
of the City Council to delegate to its employees the authority to determine whether or not the
City should consider a particular application or request for tax abatement, or create any property,
contract, or other legal right in any person or entity to have the City Council consider or grant a
specified application or request for tax abatement.
XIII. Inspections.
The agreement shall stipulate that employees and/ or designated representatives of the City
will have access to the Reinvestment Zone during the term of the agreement to inspect the
Authorized Facility to determine if the terms and conditions of the agreement are being met. All
inspections will be made only after the giving of at least twenty-four (24) hours' prior notice
and will only be conducted in such a manner as to not unreasonably interfere with the
construction and/or operation of the Authorized Facility. All inspections will be made with one
or more representatives of the company or individual and in accordance with its safety standards.
Upon completion of construction, the City shall annually evaluate each Authorized
Facility receiving abatement to ensure compliance with the agreement and report possible
violations of the agreement to the City Council.
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XIV. Modifications of Agreement.
At any time before the expiration of an agreement made under these Guidelines, the
agreement may be modified by the parties to the agreement to include other provisions that could
have been included in original agreement or to delete provisions that were contained in the
original agreement. The modification must be made by the same procedure by which the
original agreement was approved and executed. The original agreement, however, may not be
modified to extend the term of the agreement or the term of the abatement granted therein
beyond the time permitted by state law.
XV. Assignment.
An agreement may be assigned to a new owner or lessee of the Authorized Facility only
with the prior written consent of the City. Any assignment shall provide that the assignee shall
irrevocably and unconditionally assume all the duties and obligations of the assignor upon the
same terms and conditions as set out in the agreement, and the City's approval shall be subject to
the determination of the financial capability of such assignee. Any assignment of an agreement
shall be to an entity that contemplates the same improvements or repairs to the Property, except
to the extent such improvements or repairs have been completed. No assignment shall be
approved if the assignor or the assignee is indebted to the City for ad valorem taxes or other
obligations, or if any event of default under the agreement remains uncured.
XVI. Administration, Contract Review and Monitoring, and Reporting.
a) The Paris Economic Development Corporation shall be primarily responsible for the
administration, review, and monitoring of tax abatement agreements authorized by the City
under these Guidelines. These responsibilities shall include verifying that participants in tax
abatement agreements are in full compliance with the terms of the agreement.
b) The Paris Economic Development Corporation shall expeditiously advise the City in
writing of any instances of contract non-compliance by tax abatement participants. In addition,
the Paris Economic Development Corporation shall, on an annual basis, conduct a performance
review of the activities of each tax abatement participant and report the findings of such review
to the City Council.
c) The City shall retain the right to independently review and audit the activities of tax
abatement participants.
d) The City shall be responsible for enforcement of the terms of any tax abatement
agreement authorized hereunder.
XVII. Amendments.
These Guidelines are effective for a two (2) year period from the date of their adoption,
unless amended or repealed by the affirmative vote of three-fourths (3/4) of the members of the
City Council.
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For a tax abatement application or additional information contact:
Paris Economic Development Corporation 1125 Bonham Street
Paris, Texas 75460
903-784-6964
Fax 903-784-2503
Email parisedc@paristexasusa.com
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