08-A Turner - Amend
DRAFT
F:A TTORNEY\RESWORK\CURRENT\ Turner - Amendment No.2 Res
August 4, 2005
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING
AND AUTHORIZING AMENDMENT NO. TWO TO TAX ABATEMENT
AGREEMENT BETWEEN THE CITY OF PARIS, PARIS, TEXAS, AND
TURNER INTERNATIONAL PIPING SYSTEMS, INC. DATED FEBRUARY
18, 1999; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND D ECLARIN G AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of
February, 1999, in Ordinance No. 99-011, establish Reinvestment Zone No.7 in the city of Paris
for commercial and industrial tax abatement as authorized by the Property Redevelopment and
Tax Abatement Act, as amended, being V.T.C.A. Tax Code, Chapter 312; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of
February, 1999, in Resolution No. 99-016, pass and adopt a policy on tax abatement incentives;
and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 18th day of
February, 1999, in Resolution No. 99-024, authorize the execution of a Tax Abatement
Agreement with Turner International Piping Systems, Inc., and,
WHEREAS, on February 9, 2004, the City Council adopted Resolution No. 2004-029,
approving Amendment No. One to the aforesaid Tax Abatement Agreement to acknowledge
the new corporate identity of Turner International Piping Systems, Inc., as Turner International
Piping Systems, LLC; and,
WHEREAS, the Company has requested the City to adopt a similar Amendment No.
Two to the aforesaid Tax Abatement Agreement acknowledging the new corporate identity of
Turner International Piping Systems, L.L.C., as Turner Industries Group, L.L.C.; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the form of Amendment No. Two to Tax Abatement Agreement originally
between the City of Paris, Paris, Texas, and Turner International Piping Systems, Inc., dated
February 18, 1999, as said Amendment No. Two is attached hereto as Exhibit A, be, and the
same is hereby, approved.
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Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, said Amendment No. Two, under the terms and conditions and in the
form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 8th day of August, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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AMENDMENT NO. TWO TO TAX ABATEMENT AGREEMENT
BETWEEN THE CITY OF PARIS, PARIS, TEXAS,
AND TURNER INTERNATIONAL PIPING SYSTEMS, INC.
DATED FEBRUARY 18, 1999
STATE OF TEXAS
)
)
)
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of
February, 1999, in Ordinance No. 99-011, establish Reinvestment Zone No.7 in the City of
Paris for commercial and industrial tax abatement as authorized by the Property Redevelopment
and Tax Abatement Act, as amended, being V.T.C.A. Tax Code, Chapter 312; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of February,
1999, in Resolution No. 99-016, pass and adopt a policy on tax abatement incentives; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 18th day of
February, 1999, in Resolution No. 99-024, authorize the execution of a Tax Abatement Agreement
with Turner International Piping Systems, Inc.; and,
WHEREAS, the terms of said Agreement are in need of revision; NOW, THEREFORE,
WITNESSETH
1.
That, effective August 8, 2005, all references in the Tax Abatement Agreement between the
City of Paris, Paris, and Turner International Piping Systems, Inc. dated February 18, 1999,
to Turner International Piping Systems, Inc. shall mean Turner Industries Group, L.L.C.
2.
That Turner Industries Group, L.L.C. agrees to assume all rights, obligations, and
responsibilities under said Tax Abatement Agreement.
3.
That the provisions of Amendment No. One to said Tax Abatement Agreement, executed
February 9, 2004 and acknowledging the corporate identity of Turner International Piping
Systems, Inc., as Turner International Piping Systems, L.L.C., are hereby in all things
superceded.
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EXHIBIT .A.
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4.
That all other terms and conditions of said original Tax Abatement Agreement shall remain
in full force and effect.
EXECUTED on the 8th day of August, 2005.
CITY OF PARIS, PARIS, TEXAS
By:
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
TURNER INDUSTRIES GROUP, L.L.C.
By:
President
ATTEST:
Secretary
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