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16 - KIMBERLY-CLARK REINVESTMENT ZONEItem No. 16 memorandum TO: City Council John Godwin, City Manager FROM: Kent McIlyar, City Attorney SUBJECT: KIMBERLY -CLARK REINVESTMENT ZONE DATE: 04 -07 -15 BACKGROUND: Kimberly -Clark has been a valued corporate partner in the City of Paris, Texas for over 25 years. Kimberly -Clark continues to be a primary employer in the City of Paris periodically creating new jobs and retaining a work force in excess of 650 full -time employees. Kimberly -Clark continues to invest in their personal care and diaper manufacturing plant in Paris, Texas to keep it competitive in the world market. Therefore, the City Council of the City of Paris desires to extend and re- designate a Reinvestment Zone on the approximate 237 acres of land owned by Kimberly -Clark at the intersection of Loop 286 and FM 137 Paris, Lamar County, Texas. STATUS OF ISSUE: Notice of Public Hearing to extend and re- designate a Reinvestment Zone on the Kimberly -Clark Plant Property in Paris, Texas was published in The Paris News and letters were delivered to the local taxing entities with an interest in the property at least 7 days prior to the City Council Meeting on April 13, 2015. BUDGET: N/A RECOMMENDATION: Approve Reinvestment Zone No. 15 Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, EXTENDING, AMENDING AND RE- DESIGNATING THE REINVESTMENT ZONE ENCOMPASSING THE KIMBERLY -CLARK PLANT PROPERTY IN PARIS, LAMAR COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO IN ACCORDANCE WITH CHAPTER 312 OF THE TEXAS TAX CODE; MAKING OTHER FINDINGS 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 through the extension and re- designation 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, On April 13, 2015, a public hearing was held by the City Council to consider the extension and re- designation of a Reinvestment Zone encompassing the Kimberly - Clark Plant property in Paris, Texas further described and depicted in Exhibit "A" attached hereto; and, WHEREAS, the Kimberly -Clark Plant located at the intersection of Loop 286 and Farm Road 137, Paris, Lamar County, Texas will continue to contribute to the retention or expansion of primary employment in the reinvestment zone and will continue to make major capital investment in the reinvestment zone that will benefit the property and contribute to the economic development of the City of Paris; and, WHEREAS, notice of the April 13, 2015 public hearing was published in The Paris News no less than seven (7) days prior to the public hearing; 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 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Pagel of 3 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 establishment, extension and re- designation of the Reinvestment Zone described herein 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 reinvestment zone shall be the area described and depicted in Exhibit "A" which is attached hereto and incorporated herein by reference; (c) That the extension and re- designation of the reinvestment zone for tax abatement with boundaries as described and depicted 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 and depicted in Exhibit "A ", satisfies the criteria for establishment, extension and re- designation 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 establishment, extension and re- designation 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 establishes, extends and re- designates the Reinvestment Zone encompassing the Kimberly -Clark Plant Property in Paris, Texas for commercial and /or industrial tax abatement encompassing the area as described and depicted in Exhibit "A" which shall be known as Reinvestment Zone No. 15 of the City of Paris, Texas. SECTION 4. Reinvestment Zone No. 15 for the Kimberly -Clark Plant property adopted by City Council Resolution No. 2006 -020 is hereby extended, amended and re- designated for two additional five -year terms effective May 8, 2011 and ending May 7, 2021. SECTION 5. To be eligible for tax abatement within City of Paris Reinvestment Zone No. 15, a project shall: (a) Meet the standards set forth in the City of Paris Guidelines and Criteria for Tax Abatement; Page 2 of 3 (b) Be located wholly within the reinvestment zone as established herein; (e) 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. 15 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. 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 13th day of April, 2015. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney Matt Frierson, Mayor Page 3 of 3 �>•2 ,`.5 =- �,�,.��"��t',�,,<`'", � re7ti'ji �,x7 {(�,L ' r e �J: ST�� iln,! 'r J �fLi 3 (a S� .+�-,�- jt .. "ir � � :t`'• � �.( `P tY.r s,Y_ 1 Sf =i Y F�s�n..�') rl,{ -ia Y' f ?E (� r : -t � I ti�C'Y i faT i:,,: i � .J , G! `1 T C:: C' '�• �« tr 'i; { � + r9 Now X =y woje qty y .` Rkl in" not vsk � ii 'ir 4 1. 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