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:
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nRST AMENDMENT TO TAX ABATEMENT AGREEMENT
BETWEEN THE CITY OF PARIS AND KIMBERLY-CLARK CORPORATION
DATED AUGUST 9,1990
STATE OF TEXAS )
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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:
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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
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First Amendment to TlIX Abllternent Al!reernent - pnge I
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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:
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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
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KIMBERLY-CLARK CORPORATION
By:
Nick B. Hansen,
Vice President & Tax Counsel
ATTEST:
Secretary
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First Amendment to Tax Abatement Al!reement - page 3
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