1994-085-RES WHEREAS, the City Council of the City of Paris, did on May 10, 1990, authorize the execution, delivery
RESOLUTION NO.
94-085
WHEREAS, the City Council of the City of Paris, did on May 10, 1990, authorize
the execution, delivery and performance of an agreement with CAMPBELL SOUP
COMPANY ("Campbell") and CAMPBELL SOUP (TEXAS), INC. (Campbell-
Texas"), 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 properly owned by Campbell Soup Company located in Reinvestment
Zone No. One ("Paris Plant") from ad valorem taxation upon and subjected to the terms,
conditions and provisions set forth in the Tax Abatement Agreement, dated effective as of
October 2, 1989 (" Agreement"); and,
WHEREAS, pursuant to the Agreement, the term of the tax abatement granted
therein began with the tax year beginning January 1, 1990, and expires on December 31,
1994, subject to the option to extend for an additional two-year period expiring on
December 31, 1996; and,
WHEREAS, Campbell has succeeded to the interests of Campbell-Texas and has
acquired all interest of Campbell-Texas in and to the personal property used in the
operation of the Paris Plant; and,
WHEREAS, Campbell is desirous of exercising the option to extend the period of
tax abatement under the Agreement to December 31, 1996; and,
WHEREAS, Section 3l2.208(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 Campbell 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, 1996; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OJ' PARIS, that:
1. The facts and recitations contained in the preamble of this Resolution are
hereby found and declared to be true and correct.
2. The City Council hereby finds and determines that the terms of the First
Amendment to Tax Abatement Agreement 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.
3. 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 Campbell Soup Company 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
_ t"r_ _. _ _ _L .... _u _._ ..I____._L
ATTEST:
Mattie Cunningham, City
APPROVED AS TO FORM:
FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT
THIS FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT
(" Amendment") is entered into between THE CITY OF PARIS, a municipal corporation,
situated in Lamar County, Texas, acting by and through its mayor, duly authorized
("City"), and CAMPBELL SOUP COMPANY, a New Jersey corporation ("Campbell").
The City, Campbell and Campbell Soup (Texas), Inc., a Texas corporation
("Campbell-Texas"), entered into the Tax Abatement Agreement dated effective as of
October 2, 1989 ("Agreement"), pertaining to the construction of an approximately
200,000 square foot building to house machinery and equipment required to manufacture
and package "Prego" brand products, juice products and microwavable food products on
the property described in Exhibit A attached hereto and incorporated herein.
Campbell has succeeded to the interests of Campbell-Texas and has acquired all
interest of Campbell-Texas in and to the personal property used in the operation of the
Paris Plant.
The City and Campbell now desire to amend the Agreement to provide for
extension of the initial term of the Agreement to December 31, 1996.
NOW THEREFORE, for and in consideration of the mutual premises herein
contained and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
1. Extension Ootion. Section 9.2 of the Agreement is hereby deleted in its
entirety. The City and Campbell hereby acknowledge and agree that the tax abatement
granted pursuant to the Agreement is extended to December 31, 1996.
I
tXHIBIT A
2. Other Terms. Except as expressly provided herein, all other terms and
conditions of the Agreement shall remain unchanged and in full force and effect. All
capitalized terms used herein shall have the meaning assigned to such term in the
Agreement, unless otherwise expressly set forth herein.
EFFECTIVE as of the 11 th day of July, 1994.
CITY OF PARIS, PARIS, TEXAS
Don Shelton, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
CAMPBELL SOUP COMPANY
A TTFST:
By:
Name:
Title:
EXHIBITS:
Exhibit A - Property Description
2
EXHIBIT A
Property Description
Approximately nine (9) acres of property owned by Campbell Soup
Company, at 500 Loop 286 H.W., in the City of Paris, La!i1ar
County, Texas, and more particularly described as follows:
BEGINNING at a point in the West Boundary Line of ~,e
st. Louis-San Francisco 'Railway Right of Way Line, said
point being North 23. East, 610 feet more or less from
the Southeast corner of the Camobell Souo Com~anv
property, same being the Southeast"corner oi a 20~Sg7
acre tract of land purchased by Campbell 'Soup Company
from Paris, Texas, Industrisl Foundation, Inc.i
THENCE North 67. West, 340 feet more or less to a line
that is 45 feet East of and parallel tQthe East wall
of Campbell soup Company Office Building L-ii
TH~NCE Northeasterly with said line that is' ~5 :eet
East of and pa:-allel \lith the East wall of Builc.:.nc
L-l, 840 fe~t ~ore or less to a pointj
THENCE North\lesterlv 110 feet more or less to the East
\lall of Production Building L-4i .
THENCE Northeasteriy with the East wall of BuilC:ing
L-4, 200 feet more or less to a point;
THENCE Southeasterly 440 feet more or less to a point
in the West Boundary Line of the St. LouiS-San F:-anc:s-
co Railway Company Right of Way Linei
THENCE Southerly along the West Boundary Line of said
railroad Right of Way Line, 1,060 feet more or less to
the place of beginning.
A-1