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2014-029 Reinvestment Zone for the Paris Lakes Project, a tract of 40.00 acres, part of the Joseph Leach Survey, Abst. No. 524, and being a part of the propeORDINANCE NO. 2014 -029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DESIGNATING A CERTAIN AREA WITHIN THE CITY OF PARIS, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, AS REINVESTMENT ZONE NO. 2014 -1 FOR TAX ABATEMENT; DESCRIBING THE BOUNDARIES THEREOF; ORDAINING OTHER MATTERS RELATED THERETO AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Texas, ( "City "), desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone for tax abatement, as authorized by V.T.C.A. Tax Code Chapter 312 (referred to as the "Property Redevelopment and Tax Abatement Act" or the "Act "); and, WHEREAS, the City Council held a public hearing on December 8, 2014 to consider the creation of a Reinvestment Zone, such date being at least seven (7) day's after notice of the public hearing was published in The Paris News; and, WHEREAS, notice of the public hearing was delivered to all taxing units overlapping the territory inside the proposed reinvestment zone; and WHEREAS, at the public hearing, the City invited all interested persons to appear for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, and the concept of tax abatement in the proposed reinvestment zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: SECTION I. The facts and recitals contained in the preamble of this ordinance are hereby found to be true and correct. SECTION 2. The Paris City Council, after conducting a public hearing, receiving evidence and testimony from all persons wishing to be heard, hereby makes the following findings and determinations: (a) That a public hearing on the adoption of the Reinvestment Zone has been properly called, held and conducted and that the required notice of such hearing has been given to the public and to all taxing units overlapping the territory inside the proposed reinvestment zone; (b) That the boundaries of the area of the reinvestment zone shall be the area described in Exhibit "A" which is attached hereto and incorporated herein by reference; Page I of 3 (c) That the creation of the reinvestment zone for tax abatement with boundaries as described in Exhibit "A" will result in benefits to the City and to the land included in the Reinvestment Zone and the improvements sought are feasible and practical; (d) That the Reinvestment Zone, as described in Exhibit "A ", satisfies the criteria for the creation of a Reinvestment Zone as set forth in Section 312.202 of the Act, because it is reasonably likely that as a result of the designation the area will contribute to the retention or expansion of primary employment or will attract major investment in the reinvestment zone that would be a benefit to the property and that would contribute to the economic development of the City of Paris; and (e) That the reinvestment zone as defined in Exhibit "A" meets the criteria for the creation of a reinvestment zone as set forth in the City of Paris Guidelines and Criteria for Tax Abatement. SECTION 3. Pursuant to Chapter 312 of the Property Redevelopment and Tax Abatement Act, the City Council of the City of Paris hereby creates and designates a reinvestment zone for commercial and /or industrial tax abatement encompassing the area as described and depicted in Exhibit "A" which shall be known as Reinvestment Zone 2014 -1 of the City of Paris, Texas. SECTION 4. The term of Reinvestment Zone 2014 -1 shall be for a period of five (5) years and may be renewed for successive five -year terms. SECTION 5. To be eligible for tax abatement within City of Paris Reinvestment Zone No. 2014 -1, a project shall: (a) Meet the standards set forth in the City of Paris Guidelines and Criteria for Tax Abatement; (b) Be located wholly within the reinvestment zone as established herein; (c) Not include property that is owned or leased by a member of the City Council of the City of Paris or by a member of the City Planning and Zoning Commission; (d) Conform to the requirements of the City's Zoning Ordinance and all other applicable laws and regulations pertaining to commercial development. SECTION 6. All agreements for abatement of taxes within Reinvestment Zone No. 2014 -1 shall comply with Section 312.205 (a) of the Act. SECTION 7. All provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Page 2 of 3 SECTION 8. The repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. SECTION 9. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. SECTION 10. This Ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 8th day of December, 2014. ATTEST: ice'Ellis, City Clerk APPROVED AS TO FORM: W. Kent McH ity Attorney Matt Frierson, Mayor Page 3 of 3 Database: iixStone_Lamar_PR_20080504 -6Z4 Instrument #: 119346 _ Volume: 2014 Page: 119346.04 119346 -2014 10109/2014 02:37:53 PM Page 4 of 8 .- Metes and Bounds Description 40.00 Acres Being a 40.00 acre tract of land, situated within the corporate limits of the City of Paris. County of Lamar, State of Texas, being a part of the Joseph Leach Survey, Abstract Number 524, and also being part of two tracts of land conveyed from Theodore L. McLenrore to Theodore Mr-Lemon Fan* partnership Two Ltd on May 2, 2002 and mcorded as Tract 1, a called 62.43 acre tract and Tract 4, a called 30.35 acre tract in volume 1192, page 240 of the Real property Records of Lamar County Texas. The said 40.00 acre tract fully described by metes and bounds as follows. Beginning at a' /, ineh capped iron rod set in the West boundary line of the aforementioned McLemore Tract Four, said rod also being in the East right of way line of Farm to Market Road Number 905; Thence N O1° 19'55" W, along the West boundary line of the aforementioned MoLemoro Tract Four and the East right of way line of Farm to Market Road Number 905, at a distance of 495.68 feet passing e % inch iron rod found inside of an iron pipe found at the Northwest corm of the aforamaâ–ºtloned McL.emore Tract Four, said rod also being the Southwest corner of the aforementioned called 62.43 sae McLemore Tract 1, and continuing on along the West boundary fine of Said McIAmort Trod Four and the East right of way line of Farm to Market Road Number 905 a total distance of 1,161.17 feet to a broken concrete right of way monument found in the East right of way line of Farm to Market Road Number 905 at TXDOT Station Number 155+00; Thence N 04020152" 1% along the West boundary fine of the aforementioned McLemore Tract 1 and the East right of way line ofFatm to Market Road Number 905, a distance of 200.92 feet to a broken concrete right of way monument found at TXDOT Station Number 153+00; Thence N 00°51'40" W, along the West boundary line of the aforementioned McLemoro Tract 1 and the East right of way line of Farm to Market Road Number 905, a distance of 98.01 feet to a broken concrete rigbt ofway monument found at TXDCYT Station Number 363+12.9 of Loop 286; Thence N 10°35'28" 1=, along the West boundary line of the aforementioned McLemore Tract 1 and the East right of way line of, Loop 286, a distance of 324.42 feet to a broken concrete right of way monument found at TXDOT Station Number 360+00 of Loop 286, said monument also being at the beginning of a curve to the Left having a Radius of 1,982.86 feet and a Central angle of 7 °56'46 "; Thence along said curve to the lea a distance of 275.00 feet (chord bearing and distance of N 02 046'46" E, 274.78 feet )to a point from which a % inch iron rod found bears N 70 044'59" W, 034 feet and a broken concrete right of way monument found bears N 01 *12'04" W, a distance of 0.51 feet, said point also being the most western Northwest corner ofthe aforementioned McLemore Tract I and the Southwest corner of a called 1.634 acre tract of land conveyed from Rebecca Lynn Howell to Donald R Howell on December 1, 1988 and recorded as Tract 1 in volume 62, page 53 of the Real Property Records of Lamar County Texas; Thence S 70044'59" E, along the common boundary line of the aforementioned McLemore Tract 1, and the aforementioned Howell tract a distance of 199.50 feet to a' /s inch iron rod found at the Southeast comer of said Howell tract; Thence N 01 042133" W, along the common boundary line of the aforementioned McLemore Tract 1, and the aforementioned Howell tract a distance of 415.71 feet to a % inch iron rod found at the Northeast corner of said Howell tract, said rod also being located in the South boundary The of a called 15 acre (save and except 3.67 acre) tract of land conveyed from Shelly Purcella Otwoll to Daniel L. Fleming and Page i of 2 E Nu I B I T "A' Page 4 of 4 Database: iix5tone_Lamar PR_20080s042U4 Instrument #: 119346 Volume: 2014 Page: 119346.05 A- 119346 -2014 10/09/2014 02:37 :53 PM Page 5 of 8 Debra Fleming on March 22, 2010 and recorded in Lamar County Clerk's DocumentNumber 077335. 2010; Thence N 88°51'28'%, along the North boundary line of the aforementioned McLemore Tract 1 and the South boundary line of the aforementioned. Fleming tract at a distance of 77.15 feet passing a % inch iron rod found as witness and continuing on for a total distance of 109.09 feet to a point in the centerline of Big Sandy Creek, said point also being the Northwest comer of a called 15.780 acne tact of land conveyed from Nolan D. Whaley and wife Donna L. Whaley to Debra A. Fleming and husband Daniel L Fleming on February 3, 2010 and recorded in Lamar County Cleric's Document Number 0760842010; Thence along the centerline of Big Sandy Creek, and along the common boundary line of the aforementioned McLemore Tract I and the aforementioned Fleming called 15.780 acre tract the following calls: S 53 029'2(r" E 92.14 feet, S 60°00'46" E 21.71 feet, S 78 °04'41" E 54.49 feet, S 58 027155" E 499.32 feet; S 66 °40'43" E 35.87 feet, S 80°21'20" E 23.77 feet, S 5S °57' 16° E 39.50 fact, S 4102714" E 42.43 feet, S 22 030'46" E 47.28 fact, S 15 °14'39" E 18.72 feet, S 12 °31136" W 7728 feet; Thence S 00°50' 55" E, at a distance of 58.95 fed passing a '% inch capped Iron rod set as witness, and continuing on for a total distance of 954.93 feet to a'/2 inch capped irm rod set; Thence N 84 006127" W. a distance of 70.73 feet to a 100D Nail found; Thence S 59 042136" 'W, a distance of 111.49 feet to a 100D Nail found; Thence S 63054'14" W, a distance of 193.30 feet to a 1001) Nail found; Thence S 33 058'42" W, a distance of 228.67 feet to a 10013 Nail found; Thence S 22°35'37" E, at a distance of 91.86 feet passing the South boundary line of the aforementioned McLemore Tract 1 and the North boundary line of the aforementioned McLemom Tract 4, and continuing an for a total distance of 227.69 feet to a 10013 Nail found; Thence S 52 °22'08" E, a distance of 197.04 feet to a 100D Nail found; Thence S 01019'55" 1% parallel with the East right of way of Farm to Market Road Number 905 a distance of 251.75 feet to a % inch capped iron rod set; Thence S 88 °40'05" W, a distance of 652.22' to the Point of Beginning and containing 40.00 acres of land. The Reference Bearing for the tract of land described hereon is NAD 1983 Texas State Plano Coordinate System pone 4202. I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF TEXAS, HEREBY CERTIFY THE ABOVE IS TAKEN FROM MEASUREMENTS MADE UPON THE GROUND AND WAS COMPLETED ON SEFMMBER 16, 2014. KEVIN K. WHIT'fRPLS DATE Page 2 of 2 Page 5 of 5