Loading...
1995-055-RES WHEREAS, CITY COUNCIL DID ON AUGUST 9, 1990 AUTHORIZED EXECUTION RESOLUTION NO. 95-055 WHEREAS, the City Council of the City of Paris, did on August 9, 1990, 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 from ad valorem taxation upon and subjected to the terms, conditions and provisions set forth in the Tax Abatement Agreement, dated effective as of August 9, 1990 (" Agreement"); and, WHEREAS, pursuant to the Agreement, the term of the tax abatement granted therein began with the tax year beginning January 1, 1991, and expires on December 31, 1995, subject to the option to extend for an additional two-year period expiring on December 31, 1997; and, WHEREAS, KIMBERLY-CLARK CORPORATION is desirous of exercising the option to extend the period of tax abatement under the Agreement to December 31, 1997; 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, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that: 1. The City Council hereby finds and determines that the terms of the First Amendment to Tax Abatement Agreement for Reinvestment Zone No. Two, 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. 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. The Mayor is hereby authorized to execute the First Amendment to Tax Abatement Agreement on behalf of the City of Paris, and to do or cause to be done all things necessary to effect such Amendment. ATTEST: . . \'. \) -. , nRST AMENDMENT TO TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF PARIS AND KIMBERLY-CLARK CORPORATION DATED AUGUST 9,1990 STATE OF TEXAS ) ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS, that this First Amendment to Tax Abatement Agreement between the City of Paris and Kimberly-Clark Corporation dated August 9, 1990, is entered into this 12th day of June, 1995, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation situated in Lamar County, by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and KIMBERLY-CLARK CORPORATION, acting by and through its authorized officer whose signature appears below, hereinafter referred to as 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 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: l I. Term "1.1 The term of this AGREEMENT shall begin on the 9th day of August, 1990, with, as hereinafter provided, tax abatement granted herein beginning with the tax year beginning January 1, 1991, and expiring on December 31, 1997." V. Consideration - Jobs " First Amendment to TlIX Abllternent Al!reernent - pnge I i I t::XH1611 A "5.2 OWNER agrees that, during that portion of the term of this AGREEMENT occurring subsequent to January 1, 1992, and ending December 31, 1997, it will not reduce below twenty (20) the number of such new, permanent jobs so created." VII. Tax Abatement "7.1 It is understood and agreed among the parties that the PROPERTY, also known as Tax Reinvestment Zone Number Two, 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, 1991, 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 " and "B" as a part of the improvement project herein described, for a period of seven years, beginning January I, 1991, and ending December 31, 1997." Executed on the 12th day of June, 1995. CITY OF PARIS By: i Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney ~~U'st Amendment to Tax Abatement Al!I'eement - page 2 \ ' I KIMBERLY-CLARK CORPORATION By: Nick B. Hansen, Vice President & Tax Counsel ATTEST: Secretary ( , First Amendment to Tax Abatement Al!reement - page 3 \ ; I