1990-039-RES WHEREAS, by Resolution duly adopted by the City of the City of Paris, Paris, Texas on May 10, 1990
RESOLUTION NO. 90-039
WHEREAS, by Resolution duly adopted by the City Council
of the City of Paris, Paris, Texas on May 10, 1990, the City
elec ted to par t ic i pa te in tax aba temen t in accordance wi th
the Property Redevelopment and Tax Abatement Act, V.T.C.A.,
Tax Code ~312.001 et.seq.; and adopted Guidelines and
Criteria for Designation of Reinvestment Zones and Tax
Abatement Agreements; and,
WHEREAS, the Texas Department of Commerce authorized and
approved the creation and designation of the Paris Enterprise
Zone, including among other property the real property
described in Exhibit A attached hereto, pursuant to the
Agreement for Designation of an Enterprise Zone, dated June
1, 1989, by and between the Texas Department of Commerce and
the City of Paris; and,
WHEREAS, Section 312.2011 of the Property Redevelopment
and Tax Abatement Act, V.T.C.A., Tax Code ~ 312.001 et.seq.
prov ides that des igna t ion of an ar ea as an en terpr i se zone
under the Texas Enterprise Zone Act constitutes designation
of the area as a reinvestment zone under the Property
Redevelopment and Tax Abatement Act, V.T.C.A., Tax Code ~
312.001 et.seq., without further hearing or other procedural
requirements or other designation; and,
WHEREAS, by Ordinance No. 89-036 duly adopted by the
City Council of the City of Paris, Paris, Texas, on October
2, 1989, the City established and designated Reinvestment
Zone No. One, encompassing the real property described in
Exhibit A attached hereto for purposes of the Tax Increment
Financing Act and the Property Redevelopment and Tax
Abatement Act, V.T.C.A., Tax Code ~ 312.001 et.seq.; and,
WHEREAS, Campbell Soup Company owns certain real
property in the City of Paris, located within Reinvestment
Zone No. One, on which Campbell Soup Company has constructed
and is currently operating a prepared food manufacturing
plant and related facilities; and,
WHEREAS, the existing facilities are leased by Campbell
Soup Company to and operated by Campbell Soup (Texas) Inc., a
wholly-owned subsidiary of Campbell Soup Company; and,
WHEREAS, Campbell Soup Company proposes to mod ify and
improve the existing facilities by the construction and
installation of certain improvements which Campbell Soup
Company anticipates will increase the efficiency of the
facilities, thereby facilitating the maintenance of current
employment positions at the facilities, and creating
approximately 50 additional full-time employment positions;
and,
WHEREAS, the Campbell Soup Company and Campbell Soup
(Texas), Inc. s ubmi t ted an appl ica t ion for tax abatement to
the City in accordance with the Guidelines and Criteria for
Designation of Reinvestment Zones and Tax Abatement
Agreements; and,
Code ~ 312.001 et.seq. and the Guidelines and Criteria for
Designation of Reinvestment Zones and Tax Abatement
Agreements to exempt a portion of the value of the property
owned by Campbell Soup Company located in what is to be
designated Reinvestment Zone No. One from ad valorem taxation
upon and subject to the terms, conditions and provisions set
forth in the Tax Abatement Agreement attached hereto as
Exhibit B and incorporated herein for all purposes; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that:
Section 1. The facts and recitations contained in
the preamble of this Resolution are hereby found and declared
to be true and correct.
Section 2:. The City Council hereby designates the
real property described in Exhibit A attached hereto,
heretofore designated as a reinvesmtnet zone as Reinvestment
Zone Number One, City of Par is, Par is, Texas, in accordance
with and for the purposes of Section 312.2011 of the Property
Redevelopment and Tax Abatement Act, V.T.C.A., Tax Code
~312.001 et.seq.
See t ion 3. The City Counc i 1 hereby finds and
determines that the terms of the Tax Abatement Agreement
attached hereto as Exhibit B and the property subject to the
Agreement meet the criteria for tax abatement as set forth in
the Property Redevelopment and Tax Abatement Act, V.T.C.A.,
Tax Code ~312.001 et.seq. and in the Guidelines and Criteria
for Designation of Reinvestment Zones and Tax Abatement
Agreements adopted by the City of Paris.
Section 4. Pursuant to Section 312.204 of the
Property Redevelopment and Tax Abatement Act, V.T.C.A., Tax
Code ~312.001 et.seq., the City Council hereby authorizes the
execut ion, de 1 i very and per formance by the City of the Tax
Abatement Agreement with Campbell Soup Company and Campbell
Soup (Texas), Inc., in the form attached hereto as Exhibit B.
The Mayor is hereby author ized to execute the Tax Abatement
Agreement on behalf of the City, and to do or cause to be
done all things necessary to effect such Agreement.
Section 5. If any portion of this Resolution with
Exhibits A and B incorporated therein shall, for any reason,
be declared invalid by any court or competent jurisdiction,
such invalidity shall not effect the remaining portions or
provisions hereof.
BE IT FURTHER RESOLVED, that the action taken in
Resolution No. 89-100, approved on October 2, 1989, is in all
things ratified.
Passed and adopted this the 10t9/.day.}o'f May, 1990.
~:A~--)
~'C--L ,~
Eric S. Clifford, Mayor
ATTEST:
Property Description
Approximately nine (9) acres of property owned by Campbell Soup
Company, 'at 500 Loop 286 N.W., in the City of Paris, Lamar
County, Texas, and more particularly described as follows:
BEGINNING at a point in the West Boundary Line of the
st. Louis-San Francisco Railway Right of Way Line, said
point being North 230 East, 610 feet more or less from
the Southeast corner of the Campbell Soup Company
property, same being the Southeast corner of a 20.987
acre tract of land purchased by Campbell Soup Company
from Paris, Texas, Industrial Foundation, Inc.;
THENCE North 670 West, 340 feet more or less to a line
that is 45 feet East of and parallel to. the East wall
of Campbell Soup Company Office Building L-1i
THENCE Northeasterly with said line that is' 45 feet
East of and parallel with the East wall of Building
L-1, 840 fe~t more or less to a point;
THENCE Northwesterly 110 feet more or less to the East
wall of Production Building L-4;
THENCE Northeasterly with the East wall of Building
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 Francis-
co Railway Company Right of Way Line; .
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.
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EXHIBIT A
. .
STATE OF TEXAS ~
COUNTY OF LA~~R ~
KNOW ALL MEN BY THESE PRESENTS:
TAX ABATEMENT AGREEMENT
THAT, the CITY OF PARIS, a municipal corporation, situated
in Lamar County, Texas, acting by and through its Mayor, Eric S.
Clifford, duly authorized, hereinafter called CITY, and
CAMPBELL SOUP COMPANY, a New Jersey corporation, authorized
to do bus iness in the State of Texas, by and through its Vice
President - Taxes, James J. Baldwin, hereinafter called CAMPBELL,
and
CAMPBELL SOUP (TEXAS) INC., a Texas corporation authorized
to do business in the State of Texas, acting by and through its
Vice President-General Manager, Edward A. Hernan, hereinafter
called CAMPBELL TEXAS, do hereby contract and agree as follows:
1.
Background
1.1. CAMPBELL TEXAS, a wholly-owned subsidiary of CAMPBELL,
operates a major prepared food manufacturing plant located within
the corporate limits of the City of Paris, hereinafter called the
"p ar is Plan t" . The land, bu i ld ings , fix tures , and other real
property improvements which constitute the Paris Plant are owned
by CAMPBELL and leased to CAMPBELL TEXAS. All the tangible
personal property located at and used by CAMPBELL TEXAS in
connection with its operation of the Paris Plant is owned by
CAMPBELL TEXAS.
1.2. CAMPBELL is considering making certain major real
r.roperty improvements to the Paris Plant, hereinafter called the
I Improvements" . The Improvements cons is t pr imar i ly of
constructing an approximately 200,000 square foot masonry, mostly
pre-cast concrete, and steel building, to house initially,
machinery and equipment required to manufacture and package
"prego" brand products, juice products in glass or aluminum
containers, and microwaveable food products. The real property
upon which the Improvements would be located consists of an
approximately nine (9) acre tract of land in the Reddin Russell
Survey of Lamar County, which occupies a portion of Lot 14, City
Block 297, as designated by the City of Paris Tax Map, and which
is included within the corporate limits of the City of Paris,
which is more particularly described on "Exhibit A", attached
hereto and incorporated herein for all legal purposes.
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EXHIBIT B
.
.
n~__1
1.3 The City of Paris has heretofore designated certain
property, including the real property on which the Paris Plant is
loca ted, as the Par is Enterpr ise Zone pur suan t to the Texas
Enterprise Zone Act, and as a reinvestment zone for purposes of
the Texas Tax Increment Financing Act and the Texas Property
Redevelopment and Tax Abatement Act.
1.4. As an inducement to CAMPBELL to make the Improvements,
and as inducement to CAMPBELL TEXAS to agree as hereinafter
provided with respect to creating new jobs, CITY is willing to
enter into this Agreement and to provide the tax abatements
hereinafter described.
II.
Improvements
2.1. CAMPBELL hereby agrees to make the Improvements.
CAMPBELL agrees to furnish to CITY a copy of CAMPBELL's
construction plans for said building as soon as they are
available, but in any case, before commencement of construction,
Le., before the drilling of the foundation piers. Such plans,
and any and all other plans furnished to CITY by CAMPBELL or
CAMPBELL TEXAS, describing the Improvements shall be deemed
incorporated into this Agreement to the extent required to be
incorporated in order to comply with Section 312.205 of the Texas
Property Redevelopment and Tax Abatement Act.
III
Jobs
3.1. Not later than January 31, 1991, CAMPBELL TEXAS will
create at least fifty (50) new, permanent jobs at the Paris Plant
for work to be performed substantially either (a) at the site of
the Improvements, or (b) in support of operations performed by
others at the site of the Improvements.
3.2. CAMPBELL TEXAS agrees that, during that portion of the
term of this Agreement occurring subsequent to January 31, 1991,
including the extension of the primary term as provided in
Section IX, it will not reduce below fifty (50) the number of
such new, permanent jobs so created.
IV.
Tax Abatement
4.1. The CITY, ac t ing under and pur s uan t to the sa id Texas
Property Redevelopment and Tax Abatement Act, hereby covenants
and agrees to abate,
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(a) all CITY real property taxes that would otherwise be
payable with respect to the Improvements, and
(b) all CITY personal proper ty taxes that would otherwise
be payable with respect to all personal property, save and
except inventory and supplies, that is brought onto the land
descr i bed on "Exh i bi t A" on or af ter the beg inning of the
term of this Agreement,
for a primary period of five (5) years with an option to extend
for an additional two (2) years as hereinafter provided,
commencing with the tax year beginning January 1, 1990.
V.
Term
5.1. The term of this Agreement shall begin on the 2nd day
of October, 1989, with, as aforesaid, tax abatement granted
herein beginning with the tax year beginning January 1, 1990, and
expiring on December 31, 1994, subject to the option to extend
hereinafter described.
VI.
Development In Zone
6.1. Improvements shall be used for the purpose of
proces sing and packag ing of food produc ts a t the Par i s Plant.
Such use will encourage industrial expansion and the creation of
additional jobs.
VII.
Compliance Provisions
7.1. CAMPBELL and CAMPBELL TEXAS shall provide access to and
authorize inspection of the land described on "Exhibit A" by
CITY'S employees and agents to insure that the Improvements are
made according to the specifications and conditions of this
Agreement, and CAMPBELL TEXAS shall provide evidence as to the
creation of the fifty (50) new, permanent jobs described in this
Agreement.
VI I I.
Cancellation
8.1. The tax abatement herein provided for shall be
conditioned upon CAMPBELL and CAMPBELL TEXAS complying with the
terms and conditions of this Agreement. Should such compliance
come into question, the CITY'S Council may call a public hearing
to determine the question of compliance. Should CITY'S Council
find that in good faith and after a fair and complete review of
the facts that CAMPBELL or CAMPBELL TEXAS has failed to comply,
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it and each tax i ng ent i ty enter ing in to iden t ica 1 Agreements,
will declare this Agreement in default and cancel the Agreement.
If CAMPBELL or CAMPBELL TEXAS disagrees with CITY Council's
find ings, it may have the dec i sian rev iewed de novo by a Texas
State Court of appropriate jurisdiction, and otherwise avail
itself of the legal remedies available under the laws of the
State of Texas. Upon any such cancellation during the first five
(5) tax years of abatement, tax abatement will terminate, and
will not be reinstituted, retroactively to the beginning of the
first tax year of abatement under this Agreement and the taxes
abated hereunder will become due and payable and will become a
lien upon the taxed property.
Upon any such cancellation during the two (2) year renewal
and extension period described in Section IX below, tax abatement
will terminate and will not be reinstituted, and taxes abated
during the tax year of cancellation will become due and payable
and become a lien upon the taxed property; however, there will be
no retroactive reinstitution or collection of taxes abated for
any prior tax year.
IX.
Extension Option
9.1. In the event CAMPBELL and CAMPBELL TEXAS shall each
keep each and every Agreement contained herein and do and perform
all the obligations required of them hereunder during the term of
this Agreement, an option is hereby given and granted to each of
them to renew and extend this Agreement for an additional period
of two (2) years from and after the expiration of this Agreement,
said two (2) years beginning on the 1st day of January, 1995, and
ending on the 31st day of December, 1996.
9.2. In order for CAMPBELL or CAMPBELL TEXAS to exercise the
option granted in the above paragraph, notice shall be given in
writing no later than March 31, 1994.
X.
Legal
10 . 1. No 0 f f ice r, 0 f f i cia lor age n t 0 f the CITY has the
power to amend, modify or alter this Agreement or waive any of
its conditions or to bind the CITY by making any promise or
representation not contained herein.
10.2. This Agreement, except by operation of law, shall not
be assigned or transferred by CAMPBELL or CAMPBELL TEXAS, without
the prior written consent of CITY.
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10.3. Any written notice required or permitted under the
terms of this Agreement shall be given and be deemed to have been
duly served if either (1) delivered in person, or (2) deposited
certified mail, return receipt requested, postage prepaid in the
United States mail, addressed to the designated representative of
the respective parties which are designated as follows:
CAMPBELL and CAMPBELL TEXAS
Vice President-Taxes
Campbell Soup Company
P. O. Box 391
Camden, New Jersey 08101
CITY
City Manager
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
With a copy to:
With a copy to:
City Clerk
City of Paris
P. O. Box 9037
Paris, Texas 75461-9037
Vice President-General Manager
Campbell Soup (Texas) Inc.
P. O. Box 9016
Paris, Texas 75461-9016
10.4. If any term or prOVIsIon of this Agreement shall be
declared unconstitutional or void by any court of competent
jurisdiction, the constitutionality and validity of the remainder
of said Agreement shall not be affected thereby, and to this end
the terms and provisions of said Agreement are declared to be
severable.
10.5. This Agreement sets forth the entire understanding
between the parties, and any other understandings or agreements
shall be cancelled and superseded by this Agreement upon the date
of execution hereof. None of the terms of this Agreement shall
be waived, discharged, altered or modified in any respect, except
by an Agreement in writing signed by both parties and specifical-
ly referring to this Agreement. The captions in this Agreement
are included for convenience only and shall not be taken into
consideration in any construction or interpretation of this
Agreement or any of its provisions. This Agreement shall be
governed by, construed and enforced in accordance with the laws
of the State of Texas. The provisions of this Agreement shall
apply to, bind and inure to the benefit of the CITY, CAMPBELL,
and CAMPBELL TEXAS, and the ir respec t i ve successors, and
permitted assigns, if any.
XI.
City's Authority to Abate
11.1 The parties recognize and agree that CITY'S authority
to abate taxes is limited and governed by the laws of the State
of Texas, which CITY certifies that it has complied with in order
that the abatement herein agreed to may be effected.
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Executed and effective as of , 1990.
ATTEST: CITY OF PARIS
By:
MATTIE CUNNINGHAM, City Clerk ERIC S. CLIFFORD, Mayor
APPROVED AS TO FORM:
T. K. HAYNES, City Attorney
ATTEST:
CAMPBELL SOUP COMPANY
BY:
JAMES J. BALDWIN, Vice
President-Taxes
ATTEST:
CAMPBELL SOUP (TEXAS) INC.
By:
EDWARD A. HERNAN,
Vice President and
General Manager
Exhibits:
Exhibit A - Property Description
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EXHIBIT A
Property Description
Approximately nine (9) acres of property owned by Campbell Soup
Company, at 500 Loop 286 N.W., in the City of Paris, Lamar
County, Texas, and more particularly described as follows:
BEGINNING at a point in the West Boundary Line of the
st. Louis-San Francisco Railway Right of Way Line, said
point being North 230 East, 610 feet more or less from
the Southeast corner of the Campbell Soup Company
property, same being the Southeast corner of a 20.987
acre tract of land purchased by Campbell Soup Company
from Paris, Texas, Industrial Foundation, Inc.;
THENCE North 670 West, 340 feet more or less to a line
that is 45 feet East of and parallel tQ the East wall
of Campbell Soup Company Office Building L~ii
THENCE Northeasterly with said line that is' 45 feet
East of and parallel with the East wall of Building
L-1, 840 fe~t more or less to a point;
THENCE Northwesterly 110 feet more or less to the East
wall of Production Building L-4; .
THENCE Northeasterly with the East wall of Building
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 Francis-
co Railway Company Right of Way Line;
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.
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