1998-074-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 17TH DAY OF MAY
"
RESOLUTION NO. 98-074
WHEREAS, the City Council of the City of Paris did heretofore, on the 17th day of May,
1993, in Resolution No. 93-051, authorize the execution, delivery, and performance of an
agreement with Campbell Soup Company, 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 Campbell Soup Company located in
Reinvestment Zone No. Four from ad valorem taxation upon and subject to the terms, conditions,
and provisions set forth in the Tax Abatement Agreement, dated effective as of April 12, 1993
("Agreement"); and,
WHEREAS, pursuant to the Agreement, the term of the tax abatement granted therein
began with the tax year beginning January 1, 1994, and expires on December 31, 1998, subject
to the option to extend for an additional two (2) year period expiring on December 31, 2000; and,
WHEREAS, Campbell Soup Company is desirous of exercising the option to extend the
period of tax abatement under the Agreement to December 31, 2000, and has expressed its intent
to assign said Agreement, as the same pertain to the two-piece can manufacturing equipment, upon
the sale of said equipment to Silgan Can Company; 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 Campbell Soup Company 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, 2000, and to provide for the retention of the one
hundred forty-six (146) existing jobs related to or in support of the two-piece can manufacturing
operation; 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 First
Amendment to Tax Abatement Agreement for Reinvestment Zone No. Four, 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 First Amendment to Tax
Abatement Agreement with Campbell Soup Company in the form attached hereto as
Exhibit A.
3. That the Mayor of the City of Paris, Charles H. Neeley, be, and he is hereby,
authorized and directed to execute, on behalf of the City of Paris, the First 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 8th day of June, 1998.
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
S;~
Scott P. Foster, City Attorney
FIRST AMENDMENT TO TAX ABATEMENT AGREEMENT
BETWEEN THE CITY OF PARIS AND CAMPBELL SOUP COMPANY
DATED MAY 17,1993
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
Campbell Soup Company dated May 17, 1993, is made this 8th 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 CAMPBELL SOUP
COMPANY, acting by and through its authorized officer whose signature appears below,
hereinafter called CAMPBELL.
WITNESSETH
That CAMPBELL, having fully complied with and met all conditions of the above-
described Agreement, having exercised the option to extend said Agreement for two (2) years, and
having given notice of its intent to assign said Agreement, as the same pertain to the two-piece
can manufacturing equipment, upon the sale of said equipment to Silgan Can Company, 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:
"I.
"Term
"1.1 The term of this AGREEMENT shall begin on the 17th day of May,
1993, with, as hereinafter provided, tax abatement granted herein beginning with
the tax year beginning January 1, 1994, and expiring on December 31,2000."
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eXHIBIT A
"V.
"Consideration
"Jobs
"5.1. Not later than June 1, 1998, CAMPBELL will prevent the loss of
one hundred forty-six (146) 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. Such jobs
to be filled with priority being given to promote among equally qualified job
applicants the hiring of employees first from within the Enterprise Zone, second
from within the corporate limits of the City of Paris, and third from within the
County of Lamar, State of Texas, subject to the laws and regulations of the United
States of America and the State of Texas and subject to any labor contracts
currently in effect and any successive contracts or past practices.
"5.2. OWNER agrees that, during that portion of the term of the
AGREEMENT occurring subsequent to January 1, 1994, ending December 31,
2000, it will not reduce below one hundred forty-six (146) the number of such
permanent jobs so retained related to or in support of the two-piece can
manufacturing operation."
"VII.
"Tax Abatement
"7.1 It is understood and agreed among the parties that the PROPERTY,
also known as Tax Reinvestment Zone Number Four, 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, 1994, 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 by metes and bounds and depicted on the plat attached
hereto as Exhibit "A," as a part of the improvement project herein
described,
Page 2 of 3
"for a period of seven (7) years, beginning January 1, 1994, and ending December
31,2000."
EXECUTED on this the 8th day of June, 1998.
CITY OF PARIS, PARIS, TEXAS
By:
Charles H. Neeley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Scott P. Foster, City Attorney
CAMPBELL SOUP COMPANY
By:
Name:
Title:
ATTEST:
Secretary
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