1997-145-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY OF NOVEMBER 1992
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RESOLUTION NO. 97-145
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of
November, 1992, in Resolution No. 92-091, authorize the execution, delivery, and performance
of an agreement with Kimberly-Clark Corporation, pursuant to the Property Redevelopment and
Tax Abatement Act, V.T,C.A" Tax Code Sec. 312,001, et seq. ("Act"), and the Guidelines and
Criteria for Designation of Reinvestment Zones and Tax Abatement Agreements ("Guidelines"),
to exempt a portion of the value of the property owned by Kimberly-Clark Corporation located
in Reinvestment Zone No. Two-A from ad valorem taxation upon and subject to the terms,
conditions, and provisions set forth in the Tax Abatement Agreement, dated effective as of
November 9, 1992 ("Agreement"); and,
WHEREAS, pursuant to the Agreement, the term of the tax abatement granted therein
began with the tax year beginning January 1, 1993, and expires on December 31, 1997, subject
to the option to extend for an additional two (2) year period expiring on December 31, 1999; and,
WHEREAS, Kimberly-Clark Corporation is desirous of exercising the option to extend
the period of tax abatement under the Agreement to December 31, 1999; and,
WHEREAS, Section 312.208(a) of the Act and the Guidelines adopted by the City each
provide that a tax abatement agreement may be modified by the parties thereto by the same
procedure by which the original agreement was approved and executed; and,
WHEREAS, the City and Kimberly-Clark Corporation now desire to amend the
Agreement in accordance with the Act and the Guidelines to provide for extension of the period
of tax abatement under the Agreement to December 31,1999; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS:
1. That the City Council hereby finds and determines that the terms of the First
Amendment to Tax Abatement Agreement for Reinvestment Zone No. Two-A, the form
of which is attached hereto as Exhibit A, meet the criteria for tax abatement as set forth
in the Act and in the Guidelines adopted by the City of Paris.
2. That, pursuant to Section 312.208(a) of the Act, the City Council hereby authorizes
the execution, delivery, and performance by the City of the First Amendment to Tax
Abatement Agreement with Kimberly-Clark Corporation in the form attached hereto as
Exhibit A.
3. That the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby,
authorized and directed to execute, on behalf of the City of Paris, the First Amendment to
Tax Abatement Agreement under the terms and conditions and in the form shown in
Exhibit A, attached hereto, and to do or cause to be done all things necessary to effect such
Amendment.
PASSED AND ADOPTED this 8th day ofDece~97,
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T"'_.~_ C'1 r"\1:~~__.-1 .._____
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TO FORM:
FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT
BETWEEN THE CITY OF PARIS AND KIMBERLY-CLARK CORPORATION
DATED NOVEMBER 9,1992
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
That this First Amendment to Tax Abatement Agreement between the City of Paris and
Kimberly-Clark Corporation dated November 9, 1992, is made this 8th day of December, 1997,
by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and
through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and KIMBERL Y-
CLARK CORPORATION, acting by and through its authorized officer whose signature appears
below, hereinafter called OWNER.
WITNESSETH
That OWNER, having fully complied with and met all conditions of the above-described
Agreement, and having exercised the option to extend said Agreement for two (2) years, does
hereby mutually agree with CITY that Section VIII of said Agreement be deleted in its entirety and
that Sections I, V, and VII be amended to read as follows:
"I.
"Term
"1.1 The term of this AGREEMENT shall begin on the 9th day of
November, 1992, with, as hereinafter provided, tax abatement granted herein
beginning with the tax year beginning January I, 1993, and expiring on December
31, 1999."
Page 1 of 3
EXHIBIT A
IIV.
"Consideration
"Jobs
"
"5.2 OWNER agrees that, during that portion of the term of the
AGREEMENT occurring subsequent to December 31, 1993, ending December 31,
1999, it will not reduce below fifty (50) the number of such new, permanent jobs
so created."
"VII.
"Tax Abatement
"7.1 It is also understood and agreed among the parties that the
PROPERTY, also known as Reinvestment Zone Number Two-A, shall be
appraised at market value prior to the construction and installation of the
IMPROVEMENTS for the purposes of property tax assessment effective January
1,1993, and continued at market value without said IMPROVEMENTS until the
expiration of this AGREEMENT. The CITY, acting under and pursuant to the said
Texas Property Redevelopment and Tax Abatement Act, hereby covenants and
agrees to abate:
"(a) all CITY real property taxes that would otherwise be payable
with respect to the IMPROVEMENTS, and
"(b) all CITY personal property taxes that would otherwise be
payable with respect to all personal property, save and except
inventory and supplies, that is brought onto the PROPERTY
described in Exhibits A-I, A-2, and A-3, and as depicted on Exhibit
B, as a part of the improvement project herein described
"for a period of seven (7) years, beginning January I, 1993, and ending December
31, 1999."
EXECUTED on this the 8th day of December, 1997.
CITY OF PARIS, PARIS, TEXAS
By:
Eric S. Clifford, Mayor
Page 2 of 3
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
By:
ATTEST:
Secretary
Page 3 of 3
KIMBERLY-CLARK CORPORATION
Name:
Title: