1998-084-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY
RESOLUTION NO. 98-084
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, the City Council of the City of Paris did heretofore, on the 8th day of
December, 1997, in Resolution No. 97-145, authorize the execution of the First Amendment to
Tax Abatement Agreement which granted the option to extend said agreement for an additional
two (2) year period expiring on December 31, 2000; and,
WHEREAS, Kimberly-Clark Corporation has recently completed installation of and has
placed in production machine P18, which accounts for approximately one-half (1/2) of the fifty
(50) new, permanent jobs created under the terms of the Tax Abatement Agreement, and it is
deemed appropriate that said Agreement be amended to change the date of completion of machine
P18; 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 change the completion date of
machine P18; 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 Second
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 Second Amendment to Tax Abatement
Agreement with Kimberly-Clark Corporation in the form attached hereto as Exhibit A.
3. That the Mayor ofthe City of Paris, Charles H. Neeley, be, and he is hereby, authorized
and directed to execute, on behalf of the City of Paris, the Second 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 29th day of June, 1998.
Charles H. Neeley, May r
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ATTEST:
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Barbara Denny, Asst. City Cler
APPROVED AS TO FORM:
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Scott P. Foster, City Attorney
SECOND AMENDMENT TO TAX ABATEMENT AGREEMENT
BETWEEN THE CITY OF PARIS AND KIMBERLY-CLARK CORPORATION
DATED NOVEMBER 9, 1992
STATE OF TEXAS )
)
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS:
That this Second Amendment to Tax Abatement Agreement between the City of Paris and
Kimberly-Clark Corporation dated November 9, 1992, is made this 29th day of June, 1998, by
and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and
through its Mayor, Charles H. Neeley, duly authorized, hereinafter called CITY, and
KIMBERL Y -CLARK CORPORA nON, 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 III of said Agreement be amended to read as
follows:
"III.
"Improvements
"3.1 The OWNER shall make improvements to the PROPERTY as
follows: Expansion in production capacity in the Paris plant consisting of additional
production lines and modifications to the existing buildings and utilities. Such
improvements will be made upon the PROPERTY herein described and will consist
of machinery, equipment, and utilities installed to produce consumer products in
the existing south converting and mechanical buildings; new offices; cafeteria; and
miscellaneous items of office and plant equipment, all of which will be particularly
described in CITY'S Certificate of Completion prepared after the completion and
installation of the improvements and machinery herein described which shall be
furnished to and filed with the Chief Appraiser of Lamar County and the Tax
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Assessor and Collector of the City of Paris. Said Certificate shall be duly executed
by the Mayor of the City of Paris. The improvements described in this paragraph
shall be hereinafter referred to as IMPROVEMENTS. The IMPROVEMENTS
will be at a cost in excess of $1,000,000.00, and shall be substantially completed
on or about December 31, 1993, with machine P18 being completed on or about
December 31, 1997; provided, that OWNER shall have such additional time to
complete the IMPROVEMENTS as may be required in the event of "force
majeure" if OWNER is diligently and faithfully pursuing completion of the
IMPROVEMENTS. For this purpose, "force majeure" shall mean any
contingency or cause beyond the reasonable control of OWNER including, without
limitation, acts of God, or the public enemy, any natural disaster, war, riot, civil
commotion, insurrection, governmental or de facto governmental action, unless
caused by acts or omissions of OWNER, fires, explosions, accidents, floods, and
labor disputes or strikes. The date of completion of the IMPROVEMENTS shall
be defined as the date a Certificate of Occupancy is issued by the City of Paris."
EXECUTED on this the 29th day of June, 1998.
CITY OF PARIS, PARIS, TEXAS
By:
Charles H. Neeley, Mayor
ATTEST:
Barbara Denny, Asst. City Clerk
APPROVED AS TO FORM:
Scott P. Foster, City Attorney
KIMBERLY-CLARK CORPORATION
By:
Name:
Title:
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ATTEST:
Secretary
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