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HomeMy WebLinkAboutResolution - 4032 - Agreement - Mclane Company Inc - Tax Abatement, Tract 6, PIP Addition - 12_10_1992Resolution No. 4032 December 10, 1992 Itea.#16 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock, Texas and McLane Company, Inc. and subsidiaries McLane/Foodservice Lubbock, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this lot day —of, December , 1992. ATTEST: ank ette Rqyd, City Secretary APPROVED AS ONTENT: Rod erector o usiness Rela ons APPROVED AS TO FORM: vAl J6fin C. Ross,Jr., City Attorney JCR:da/AGENDA-D3/A-Cf YMCL.ree September 30, 1992 I I Resolution No. 4032 December 10, 1992 Item #16 AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement made this 17th day of December , 1992, by and between the City of Lubbock, Texas, a home rule municipality of the State of Texas (hereinafter called "City") and McLane Company, Inc. and subsidiaries McLane Foodservice Lubbock, Inc. (hereinafter called "Company"); WITNESSETH: WHEREAS, City did receive from Company on the 18th day of December , 1992 an application for tax abatement for expansion and modernization of Company's plant and facilities located within Tract 6, Planters Industrial Park Addition to the City of Lubbock; and WHEREAS, upon review of the above application it was determined that no reinvestment zone was currently in existence covering the above described property; and WHEREAS, the Guidelines and Criteria for Tax Abatement applicable to taxing units within Lubbock County was heretofore adopted by Resolution No. 3518 of the City Council of the City of Lubbock; and WHEREAS, Section VII(2)(m) authorized the City to treat Company's application both as an application to create a reinvestment zone and an application for tax abatement; and WHEREAS, the City did comply with all the requirements set forth in V.T.C.A., Tax Code, Section 312.201; and WHEREAS, the City did comply with all of the criteria and guidelines for creation of a reinvestment zone as set forth in Section V of the Guidelines and Criteria governing Tax Abatement within the taxing units of Lubbock County, said guidelines having been adopted by Resolution No. 3516 of the City on January 10, 1991; and WHEREAS, the City did thereafter pass Ordinance No. 9563 creating a reinvestment zone for commercial and industrial tax abatement, said zone being created to cover all of the real property within Tract 6, Planters Industrial Park Addition to the City of Lubbock; and WHEREAS, the application received by City from Company is an application for the expansion and modernization of Company's existing plant; and WHEREAS, V.A.T.C., Tax Code, Sec. 312.002 specifically states that such a purpose is to be included in the. guidelines for tax abatement and to be eligible for such treatment; and - 2 - WHEREAS, Section IV of the Guidelines and Criteria for Tax Abatement adopted by the City Council by Resolution No. 3518 does recognize modernization and expansion as being eligible for tax abatement status; and WHEREAS, the City Council does hereby find that all of the Guidelines and Criteria established for Tax Abatement within the City of Lubbock, as adopted by Resolution No. 3518, have been met by Company; and WHEREAS, Company does intend to expand and modernize its existing plant by constructing three new additions to said existing plant and other improvements; and WHEREAS, the location of the additions to the existing plant and surrounding real property, which are to be the subject matter of this Agreement, are attached hereto as Exhibit "A" and made a part of this Agreement for all purposes; and WHEREAS, the City Council finds that entering into this Agreement to abate taxes on the property described in Exhibit "A" will create new jobs within the City and enhance economic development with the entire community; NOW THEREFORE, for and in consideration of the premises and of the mutual terms, covenants and conditions herein contained the City and Company do hereby agree as follows: - 3 - SECTION 1. Term. This Agreement shall remain in force and effect for a period of ten (10) years from the date of its execution and shall expire and be of no further force and effect after said date. SECTION 2. Base Year. The base year applicable to real property, which is the subject of this Agreement, shall be 1992 and the assessed value of the real property shall be the assessed value applicable to such property for said year. SECTION 3. Base Year Taxes. The taxes upon the real property shall be paid in accordance with the assessed value of such property for the base year. Base year taxes upon the real property are thus not abated. SECTION 4. Abatement of Increase in Base Year. Tax. In accordance with V.A.T.C., Tax Code, Section 312.204 real property taxes applicable to the real property subject to this Agreement shall be abated only to the extent said value for any given year within the term of this Agreement exceeds the base year taxes hereinabove set forth. SECTION 5. Property Ineligible for Tax Abatement. The property described and set forth in Section IV(5) of the Guidelines and Criteria for Tax Abatement within the jurisdictions of the taxing units of Lubbock County and heretofore adopted by the City Council by Resolution No. 3518 is incorporated by reference herein as if fully set out in this - 4 - Agreement and fully describes the property ineligible for tax abatement. SECTION 6. Exemption from Tax. The City covenants and agrees to exempt from taxation the following properties: (a) All the real property located in and proposed improvements to be placed upon Tract 6, Planters Industrial Park Addition to the City of Lubbock, which proposed improvements are set forth in a plat of the above tract of land, attached hereto as Exhibit "A" and made a part hereof, and outlined in red; save and except the real property and existing improvements, which are crossed marked, which real property and prior improvements are the subject of a previous tax abatement agreement. (b) All eligible tangible personal property placed in or upon the property set forth in Exhibit "I►" (save and except that part of said tract not included within this Agreement as mentioned in subparagraph (a) above). (c) It is further understood that all items affixed to the improvements placed upon the real property identified in Exhibit "A" such as racking systems, mezzanines and dock levelers shall be considered part of the real property improvement and taxes thereon shall be abated in accordance with the provisions of subparagraph (a) above set forth. - 5 - SECTION 7. Economic Qualification. It is hereby found by the City that Company will expend funds in excess of the funds necessary to qualify for tax abatement by expanding an existing facility and further that the Company will create new jobs in excess of the percentage required for tax abatement, all as set forth in Section IV(9)(b) of the Guidelines and Criteria for Tax Abatement adopted by the City through Resolution No. 3518. SECTION 8. Value of Improvements. Company intends to expend approximately 4.5 million dollars in building related structural improvements to be located within the reinvestment zone created by Ordinance No. 9563 However, such improvements will only be constructed in the area marked new improvements set forth in Exhibit "A" attached hereto and made a part hereof. SECTION 9. Creation of New Jobs. Company agrees within eighteen (18) months from the date of execution of this Agreement that it will create one hundred thirty (130) to one hundred fifty (150) new jobs within the Company plant located within Tract 6, Planters Industrial Park Addition to the City of Lubbock and use its best efforts to maintain a minimum of one hundred thirty (130) new jobs during the term of this Agreement. SECTION 10. City Access to Property. Company covenants and agrees that City shall have access to the property, which is the subject matter of this Agreement, during normal business hours and that municipal employees shall be able to inspect the - 6 - property to insure that the improvements are being made in accordance with the terms and conditions of Company's application for tax abatement and this Agreement. SECTION 11. Portion of Tax Abated. City agrees, during the term of this Agreement, to abate one hundred percent of taxes on eligible property. SECTION 12. Commencement Date. This Agreement shall commence upon the date of its execution, which date is hereinafter set forth, and shall expire ten (10) years after such date. SECTION 13. Type of Improvements. The Company proposes to add three new additions to its plant and other improvements to be constructed in accordance with this Agreement to expand and modernize its existing warehouse and food distribution business carried on as described in Exhibit "A". The Company further states that the proposed improvements to the property above mentioned shall commence on the 17th day of December , 1992 , and shall be completed within approximately 365 days from said date. The Company may request an extension of the above date from City in the event circumstances beyond the control of Company necessitates additional time for completion of such improvements and such consent shall not unreasonably be withheld. - 7 - SECTION 14. Drawings of Improvements. Company shall furnish City with one set of as built plans and drawings of the improvements to be made pursuant to the terms of this Agreement. SECTION 15. Limitation on Use. Company agrees to limit the use of the property set forth in Exhibit "A" to commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock and to limit the uses of the property to uses consistent with the general purpose of encouraging development of the zone during the term of this agreement. SECTION 16. Recapture. The Company agrees to be bound by and comply with all the terms and provisions for recapture of abated taxes in the event of default by Company as set forth in Exhibit "B", attached hereto and made a part hereof for all purposes. SECTION 17. Notices. Notices required to be given by this Agreement shall be mailed, certified mail return receipt requested, to the following addresses: CITY OF LUBBOCK MCLANE COMPANY, INC. and City Manager subsidiaries McLANE FOOD- P.O. Box 2000 SERVICE LUBBOCK, INC. Lubbock, Texas 79457 P.O. Box 5550 Lubbock, Texas 79403 SECTION 18. Effective Date. Notwithstanding anything contained herein to the contrary, this Agreement shall not be effective until such time as Ordinance No. 9563 creating the reinvestment zone shall be finally passed and approved and both - 8 - City and company agree that the document shall only be executed after the above condition has taken place. EXECUTED this 17"\j day of , 1991). McLANE/FOODSERVICE LUBBOCK, I C. CI OFfBBOC�QA Texas Corporation .� u iciat4,a� - re ent VID R. GSTON, AYOR T EST: ATTEST: � am-e— ecret y City Se&tetary APPROVE S O O ENT: god PllisZ, Dire to f Business Relations APPROVED AS TO FORM: o n C. Ross, Jr., L"Ity Attorney JCR:da/INST-D9/A-MCLANE.doc September 28, 1992 - 9 - PtAT &p — ft�— 6 PLANTERS INDUSTRIAL PARK ADDITION To Tw WY Of Lumom U"= o0um. Tc= MI EXISTING IMPROVEMENTS Iml PROPOSED IMPROVEMENTS L--t,,R I 0./11 I MAP IN FILE SEE RESOLUTION # Z-/ 6 3,:� - EXHIBIT "B" Recaptures 1. In the event that any type of facility, (as defined in Sec. I, subparagraphs 5, 6, 7, 8, 10, 11, 12, 13, 17, 18) is completed and begins producing goods or services, but subsequently discontinues producing goods or services for any reason, excepting fire, explosion or other casualty or accident or natural disaster or other event beyond the reasonable control of applicant or owner for a period of 180 days during the term of a tax abatement agreement, then in such event the Tax Abatement Agreement shall terminate and all abatement of taxes shall likewise terminate. Taxes abated during the calendar year in which termination takes place shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. The burden shall be upon the applicant or owner to prove to the satisfaction of the Affected Jurisdiction to whom the application for tax abatement was directed that the discontinuance of producing goods or services was as a result of fire, explosion, or other casualty or accident or natural disaster or other event beyond the control of applicant or owner. In the event the applicant or owner meets this burden and the Affected Jurisdiction is satisfied that the discontinuance of the production of goods or services was the result of events beyond the control of the applicant or owner, then such applicant or owner shall have a period of one year in which to resume the production of goods and services. In the event that the applicant or owner fails to resume production of goods or services within one year, then the Tax Abatement Agreement shall terminate and the abatement of all taxes shall likewise terminate. Taxes abated during the calendar year in which termination takes place, shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. The one year time period, hereinabove mentioned, shall commence upon written notification from the Affected Jurisdiction to the applicant or owner. 2. In the event that the applicant or owner has entered into a tax abatement agreement to make improvements to a facility of any type described in Section 1 above, but fails to undertake or complete such improvements, then in such event the Affected. Jurisdiction to whom the application for tax abatement was directed shall give the applicant or owner sixty (60) days notice of such failure. The applicant or owner shall demonstrate to the satisfaction of the Affected Jurisdiction, above mentioned, that the applicant or owner has commenced to cure such failure within the sixty (60) days above mentioned. In the event that the applicant or owner fails to demonstrate that he is taking affirmative action to cure his failure, then in such event the Tax Abatement Agreement shall terminate and all abatement of taxes shall likewise terminate. Taxes abated during the calendar year in which termination takes place shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. In the event that the Affected Jurisdiction, to whom application for tax abatement was directed, determines that the applicant or owner is in default of any of the terms or conditions contained in the Tax Abatement Agreement, then in such event the Affected Jurisdiction shall give the applicant or owner sixty (60) days written notice to cure such default. In the event such default is not cured to the satisfaction of the Affected Jurisdiction within the sixty (60) days notice period, then the Tax Abatement Agreement shall terminate and all abatement of taxes shall likewise terminate. Taxes abated during the calendar year in which termination takes place shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in prior years to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. 4. In the event that the applicant or owner allows ad valorem taxes on property ineligible for tax abatement owed to any Affected Jurisdiction, to become delinquent and fails to timely and properly follow the legal procedures for their protest or contest, then in such event the Tax Abatement Agreement shall terminate and all abatement of taxes shall likewise terminate. Taxes abated during the calendar year in which termination, under this subparagraph, takes place shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. 5. In the event that the applicant or owner, who has executed a tax abatement agreement with any Affected Jurisdiction, relocates the business, for which tax abatement has been granted, to a location outside of the designated reinvestment zone, then in such event, the Tax Abatement Agreement shall terminate after sixty (60) days written notice by the Affected Jurisdiction to the owner/applicant. Taxes abated during the calendar year in which termination, under this subparagraph takes place shall be payable to each Affected Jurisdiction by no later than January 31st of the following year. Taxes abated in years prior to the year of termination shall be payable to each Affected Jurisdiction within sixty (60) days of the date of termination. 6. The date of termination as that term is used in this Subsection VIII shall, in every instance, be the 60th day after the day the Affected Jurisdiction sends notice of default, in the mail to the address shown in the Tax Abatement Agreement to the applicant or owner. Should the default be cured by the owner or applicant within the sixty (60) day notice period, the owner/applicant shall be responsible for so advising the Affected Jurisdiction and obtaining a release from the notice of default from the Affected Jurisdiction, failing in which, the abatement remains terminated and the abated taxes must be paid. 7. In every case of termination set forth in subparagraphs 1, 2, 3, 4 and 5 above, the Affected Jurisdiction to which the application for tax abatement was directed shall determine whether default has occurred by owner (applicant) in the terms and conditions of the Tax Abatement Agreement and shall so notify all other Affected Jurisdictions. Termination of the Tax Abatement Agreement by the Affected Jurisdiction to which the application for tax abatement was directed shall constitute simultaneous termination of all Tax Abatement Agreements of all other Affected Jurisdictions. RESOLUTION BE IT RESOLVED BY THE COMMISSIONERS COURT OF THE COUNTY OF LUBBOCK: THAT the County Judge of the County of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the County of Lubbock an Amendment to Tax Abatement Agreement by and between McLane/Foodservice Lubbock, Inc. and the County of Lubbock for the use of certain property to be used as a reinvestment zone for commercial - industrial tax abatement, attached herewith. Passed by the Commissioners Court of the County of Lubbock this day of 199 Z.. ATTEST: ounyCer. JMWAOENDA-D3 /A -COUNTY... September 30, 1992 AMENDMENT TO TAX ABATEMENT AGREEAEENT STATE OF TEXAS COUNTY OF LUBBOCK S / his Agreement made this the day of 19�by and between the County of Lubbock, acting by and through its County Judge, hereunto duly authorized by the Commis- sioners Court of Lubbock County (hereinafter called "County") and McLane/Foodservice Lubbock, Inc., a Texas Corporation (hereinafter called "Company"); WITNESSETH WHEREAS, the County and Company did enter into an agreement to abate taxes on improvements to real property owned by Company and more fully described in Exhibit "A" attached to the original agreement between the parties hereto; and WHEREAS, said original agreement between the County and Company was executed on the 23rd day of June, 1986; and WHEREAS, a copy of the original agreement executed by the County and Company is attached to this amendment as Exhibit "A" and made a part hereof for all purposes; and WHEREAS, there is a need to modify said original agreement between the parties hereto by deleting from said agreement certain unimproved land; and WHEREAS, V.T.C.A., Tax Code, Section 312.208, grants specific authority to the parties hereto to modify said original contract by deleting therefrom certain unimproved real property; NOW THEREFORE: For and consideration of the mutual covenants and agreements herein contained, the County and Company do hereby agree that the original contract, attached hereto as Exhibit A, shall be and is hereby modified to include only the improvements together with the underlying real property set forth in Exhibit "B", which exhibit is attached hereto and made a part hereof, and which said improvements are cross marked and identified on Exhibit "B" thereby. Save and except as above modified the original agreement executed between the parties shall remain in full force and effect. EXECUTED this day of b , 19�� MCLANE/FOODSERVICE LUBBOCK, INC. A Texas Corporation PRESIgENT ATTEST: ecrrtary JCR:da/1NST-D9/ACOUNTY.doe September 30, 1992 - 2 - COUNTY OF LUBBOCK MR BEATH, COUNTY JUDGE ATTEST: County Clerk �i JCR:da RESOLUTION BE IT RESOLVED BY THE COMMISSIONERS COURT OF THE COUNTY OF LUBBOCK: THAT the County Judge of the County of Lubbock BE and is hereby auLho- rized and directed to execute fur and on behalf of the County of Lubbock an Agreement by and between McLane/Foudservice Lubbock and the County of Lubbock for the use of certain property to be used as a reinvestment zone for commercial -industrial tax abatement, attached herewith. Passed by the Commissioners Court of the County of Lubbock this 2 E CL) day of OV•E , 1986. RODRICK L . SHAW , JUDGE AT T EST County Clerk RESOLUTION WHEREAS, the County of Lubbock did receive notice of the City Council's intent to enter into a Tax Abatement Agreement with McLane Company, Inc. and subsidiaries, McLane/Foodservice Lubbock, Inc.; and WHEREAS, such notice was received not later than the seventh day before the date on which the City Council of the City of Lubbock intends to enter into such Tax Abatement Agreement; and WHEREAS, the County of Lubbock does believe that the granting of tax abatement to the above named companies is in the best interest of the County of Lubbock; and WHEREAS, V.A.T.C., Tax Code, Section 312.206, allows the governing body of a taxing unit by official action taken at any time before the execution of the Tax Abatement Agreement by the City to express an interest to be bound by the terms of said Agreement; NOW THEREFORE: BE IT RESOLVED BY COMMISSIONERS COURT OF THE COUNTY OF LUBBOCK: THAT the County of Lubbock, by and through its County Judge does hereby take official action expressing its intent to be bound by the terms of a Tax Abatement Agreement by and between the City of Lubbock and McLane Company, Inc. and subsidiaries McLane/Foodservice Lubbock, Inc. A copy of the Agreement attached hereto was delivered to the County of Lubbock on the 3rd day of November , 199 2. Passed y the Commissioners Court of the County of Lubbock this ��' day of!�,ei,.Q_i , 199,1� II1Kul 1� ATTEST: County LTer 1CR:de/AGENDA-D3/N-00UNf Y. ree September 30, 1992 RESOLUTION BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HIGH PLAINS UNDERGROUND WATER DISTRICT: THAT the President of the High Plains Underground Water District BE and is hereby authorized and directed to execute for and on behalf of the High Plains Underground Water District an Amendment to Tax Abatement Agreement by and between McLane/Foodservice Lubbock, Inc. and the High Plains Underground Water District for the use of certain property to be used as a reinvestment zone for commercial -industrial tax abatement, attached herewith. Passed by the Board of Directors of the High Plains Underground Water District this loth day of November , 1992 . WXWYPJ)T, PRESIDENT ES P. MITCHELL ATTEST: 1-Z Secretary JCR:da/AGENDA-D3 /A-W ATER.res September30, 1992 AMENDMENT TO TAX ABATEMENT AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK § �yLT"his Agreement made this the day of ellPa'. c� , 19 / y, by anti between the High Pla ns Underground Water District, acVihg by and through its President, hereunto duly authorized by the Board of Directors (hereinafter called "Water District") and McLane/Foodservice Lubbock, Inc., a Texas Corporation (hereinafter called "Company"); WITNESSETH WHEREAS, the Water District and Company did enter into an agreement to abate taxes on improvements to real property owned by Company and more fully described in Exhibit "A" attached to the original agreement between the parties hereto; and WHEREAS, said original agreement between the Water District and Company was executed on the loth day of July, 1986; and WHEREAS, a copy of the original agreement executed by the Water District and Company is attached to this amendment as Exhibit "A" and made a part hereof for all purposes; and WHEREAS, there is a need to modify said original agreement between the parties hereto by deleting from said agreement certain unimproved land; and WHEREAS, V.T.C.A., Tax Code, Section 312.208, grants specific authority to the parties hereto to modify said original contract by deleting therefrom certain unimproved real property; NOW THEREFORE: For and consideration of the mutual covenants and agreements herein contained, the Water District and Company do hereby agree that the original contract, attached hereto as Exhibit A, shall be and is hereby modified to include only the improvements together with the underlying real property set forth in Exhibit "B", which exhibit is attached hereto and made a part hereof, and which said improvements are cross marked and identified on Exhibit "B" thereby. Save and except as above modified the original agreement executed between the parties shall remain in full force and effect. EXECUTED this /d �— day of , 19�Yf MCLANE/FOODSERVICE LUBBOCK, INC. A Texas Corporation )('-, --* W '�j P ESI ENT ATTEST: ecr terry JCR:da/1NST-D9/A-WATER.dm September 30, 1992 ■ W4= HIGH PLAINS UNDERGROUND WATER DISTRICT )WRWVEXNM7T, PRESIDENT AMES P. MITCHELL ATTEST: Secretary n IJCR:da RESOLUTION BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HIGH PLAINS WATER DISTRICT: THAT the President of the High Plains Water District BE and is hereby authorized and directed to execute for and on behalf of the High Plains Water District an Agreement by and between McLane/Foodservice Lubbock and the High Plains Water District for the use of certain property to be used as a reinvestment zone for commercial -industrial tax abatement, attached herewith. Passed by the Board of Directors of the High Plains Water District this day of , 1986. I ATTEST: 5 7" OWN 0Aa . I'I1i 1.I-1 , DGV:cl AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock, pursuant to the provisions of Article 1066f of the Revised Civil Statutes of the State of Texas, known as the "Property Redevelopment and Tax Abatement Act", has designated by ordinance, which ordinance is attached hereto as Exhibit "A", and incorporated herein by reference for all purposes, certain property as a reinvestment zone for commercial -industrial tax abatement under Section 3 of said Act; and WHEREAS, McLane/Foodservice Lubbock is the owner of certain real property located within said reinvestment zone, and des- cribed in Ordinance No. 6928, heretofore incorporated into this Agreement as Exhibit "A"; and WHEREAS, the High Plains Water District desires to promote and encourage the development of industry and the expansion and the growth of the Property; NOW THEREFORE: FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained, the High Plains Water District, acting by and through its President, hereunto duly authorized by the Board of Directors, and hereinafter called "Water District", and McLane/Foodservice Lubbock, a Texas corporation, acting by and through its duly authorized officers and agents, and herein- after called "Foodservice" have this day entered into the following contract and agreement: 1. Term. This Agreement shall expire and be of no further force or effect between the parties when Foodservice has received $770,000 in tax abatement relief or ten (10) years from the date of its execution whichever event occurs first. 2. Exemption from Tax. The Water District covenants and agrees to exempt and abate real property tax, on a lot by lot basis, based upon the following schedule: (a) Taxes on the raw land within the reinvestment zone as established in Ord. No. 8928 attached hereto as Exhibit "A" shall be no more than the taxes levied on said land for the year 1986. (b) One Hundred (100%) percent of Foodservice's improve- ments on said real property for the term or this Agreement. (c) During the term of this Agreement, Foodservice agrees to use its best efforts to maintain a minimum of 100 employees at the Lubbock facility. 3. Construction,of Improvements. Foodservice covenants and agrees that it shall, within the term of this Agreement, complete the improvements indicated on the attached Exhibit B, in an orderly manner as the property is developed. 4. City Access to Property. Foodservice agrees that the City shall have access to the pruperty and that municipal employees shall be able to inspect the property to insure that the improvements are being made in accordance with the speci- fications and conditions of this Agreement. 5. Limitation on Use. Foodservice agrees to limit the use of the property for commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock. 6. Default. Foodservice agrees that should it fail to make the improvements called for under this Agreement, then the Water District shall have the right, after giving notice and opportunity to cure as hereinafter set out, to recapture all property tax revenue on the property lost as a result of this Agreement. The Water District agrees, prior to the enforcement of the terms of this Paragraph, to qive Foodservice thirty (30) days written notice to the address shown below of its default in completing the improvements called for in this Agreement and Foodservice shall have the right to enter into a binding contract with a reputable contractor to complete the improvements within a reasonable time in order to cure said default. 2 - 7. Bindinq Effect. This Agreement shall inure to the benefit of and be binding upon the Water District and Food - service, their affiliates, subsidiaries, successors and assigns. 8. Foodservice agrees that this Agreement may not be assigned without the prior consent of Water District. 9. Notices. Notices required by this Agreement shall be mailed to the following addresses: High Plains McLane/Foodservice Lubbock Water District 2915 Center Street James P. Mitchell, Pres. P.O. Box 80 2930 Avenue Q Temple, Texas 76503 Lubbock, Texas 79405 10. Effective Date. This Agreement shall not be effective until such time as Ordinance No. 8928 creating the Reinvestment Zone shall be finally passed and approved. EXECUTED this � day of t/[! f�/ , 19 de MCLANE/FOODSERVICE LUBBOCK, INC. A Texas Corpor tion: PRESID NT ATTEST: cretary HIGH PLAINS WATER DISTRICT AMES P. MI CHELL, PRESIDENT ATTEST: 9- EME - I ON F ON - - A E � - 3 - THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § I, RANETTE BOYD, City Secretary for the City of Lubbock, Texas, hereby certify that the attached document is a true and correct copy of Ordinance OB928 as it appears in Volume #21, of the Ordinance record and as it remains on file in the Office of the City Secretary, Ordinance was passed on second and final reading on June 2, 1986. If I were called upon to testify, I would testify as to my position as City Secretary and that these records accurately reflect the records on file in this office. TO CERTIFY WHICH, witness my hand and seal of the City of Lubbock, Texas, this 2nd day of June, 1986. {Seal) RANETTE BOYD��� City Secretary (, First Reading May 30, 1986 Agenda Item #6 Second Reading June 2, 1986 Agenda Item #3 JCR:cl ORDINANCE NO. 8928 ` AN ORDINANCE DESIGNATING A REINVESTMENT ZONE WITHIN THE CITY OF LUBBOCK AS AUTHORIZED BY ART. 1066f, V.A.C.S.; DESCRIBING THE BOUNDARIES OF SAID ZONE; DESCRIBING THE ELIGIBILITY OF SAID ZONE FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, Art. 1066g, V.A.C.S. authorizes the City Council of the City of Lubbock to create a Reinvestment Zone for commercial -industrial tax abatement purposes; and WHEREAS, the City Council of the City of Lubbock did declare its intent to create such a Reinvestment Zone by its adoption of Resolution 2316, reference to such resolution being hereby made, at its meeting of May 22, 1986; and WHEREAS, the City Council did cause a Notice of Intent to create such Reinvestment Zone to be delivered to all taxing units levying taxes on real property within the zone; and WHEREAS the boundaries of the Reinvestment Zone was described in Exhibit "A" attached and made a part of Resolution 2316; and WHEREAS the necessary taxing units levying taxes on real property within the zone have waived the requirement of 60 day notice of the City Council's intent to create a Reinvestment Zone; and WHEREAS the necessary taxing units levying real property taxes on property within the zone have consented to a single formal presentation of the Reinvestment Zone Plan by the City Council of the City of Lubbock; and - WHEREAS, the City Council did adopt a Reinvestment Zone Financing Plan for the zone hereinafter described; and WHEREAS the City Council did hold a public hearing to consider the establishment of a Reinvestment Zone as hereinafter described, said hearing being held on May 30, 1986, prior to the adoption of this Ordi- nance and did find that the improvements sought for the property within the Reinvestment Zone are feasible, practical and would be a benefit to said land; and WHEREAS the City Council of the City of Lubbock has determined and hereby finds that the real property, hereinafter described, to be included within the Reinvestment Zone is in a blighted area of the City of Lubbock and that such property substantially impairs or arrests the sound growth and development of the City of Lubbock in its present use; and EXHIBIT."A" WHEREAS the City Council has previously found that the real property to be included within the Reinvestment Zone was within a blighted area of the City and was an economically depressed area all as set forth in Resolution Number 1769, reference to which is hereby made for all purposes; and: NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT by and under the authority of Art. 1066f, V.A.C.S., the following described real property located within the City of Lubbock, County of Lubbock, Texas is hereby designated as a Reinvestment Zone: FIELD NOTE DESCRIPTION for a 28.46 acre tract of land out of Section 5, Block 0, Lubbock County, Texas, further described by metes and bounds as follows: BEGINNING at a 1/2" rod set in the East line of said Section 5, Block 0, S.00°03'40" E. a distance of 1375.03 feet from the Northeast corner of the Southeast 1/4 of said Section 5, Block 0, Lubbock County, Texas; THENCE S. 00003'40" E. along the East line of said Section 5, Block 0, a distance of 989.62 feet to a 3/8" rod set in the Northwesterly right-of-way line of the Ft. Worth h Denver R.R.; THENCE S. 45°21'05" W. along said R.R. right-of-way line a distance of 391.29 feet to a 3/4" iron pipe; THENCE S. 89*30138" W. a distance of 589.37 feet to a 1/2" rod set in the Easterly right-of-way line of Loop 289; THENCE N. 00003' W. along said Easterly right-of-way line a distance of 30.89 feet to a 1/2" rod set in said Easterly right-of-way line; THENCE S. 89038' W. along said Easterly right-of-way line a distance of 20.00 feet to a 1/2" rod; THENCE Northwesterly around a curve to the right, along the Easterly right-of-way line of Loop 289, said curve having a radius of 85.00 feet, delta angle of 84036', tangent lengths of 77.34 feet, and a chord distance of 114.41 feet to a 1/2" rod set in said Easterly right-of-way line; THENCE N. 05046' W. along said Easterly right-of-way line a distance of 665.00 feet to a 1/2" rod set in the Easterly right-of-way line of Loop 289; -2- THENCE N. 00003' W. along said Easterly right-of-way line a distance of 491.67 feet to a 1/2" rod; THENCE N. 89030'38" E. a distance of 1039.35 feet to the PLACE OF BEGINNING. SECTION 2. THAT the area of the Reinvestment Zone as described in Section 1 of this Ordinance, is eligible for such designation in that its present use substantially impairs or arrests the sound growth of the City of Lubbock and constitutes an economic liability for the City in that the property has never been platted and is predominantly open and undeveloped and has been in such condition for over ten (10) years even though such property is adjacent to Loop 289 and has rail access. SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. AND IT IS SO ORDERED: Passed by the City Council on first reading this 30th day of May, 1986. Passed by the City Council on second reading this 2nd day of June 1986. ATTEST: anet�e boyo, laity Secretary -B.C. MCMINN, MAYOR APPROVED AS TO FORM: ; bn C. Ross, Jr., City Attorney -3- EXHIBIT "B" CONSTRUCTION OF IMPROVEMENTS The development plan for the reinvestment zone referenced by the above title is to be implemented by the construction of r a major industrial facility. This facility will require the Y development of an area of approximately 28 acres. The building to house the plant will cover a 180,000 square foot area. The estimated cost of construction for the facility and the value to be placed on the tax rolls will be approxi- mately $6,000,000. The estimated annual tax revenues from real property on this development will be approximately $110,000 that will be abated until the company has recovered an amount of $770,000. =y- •.:. -r*.. . .. �-, .. ... :.zr - ^� :sir --.n: r:' �ir>=�z.;.t.;.:: _ :•.a: ram. .- . _i - _ . RESOLUTION WHEREAS, the High Plains Underground Water District did receive notice of the City Council's intent to enter into a Tax Abatement Agreement with McLane Company, Inc. and subsidiaries, McLaneJFoodservice Lubbock, Inc.; and WHEREAS, such notice was received not later than the seventh day before the date on which the City Council of the City of Lubbock intends to enter into such Tax Abatement Agreement; and WHEREAS, the High Plains Underground Water District does believe that the granting of tax abatement to the above named companies is in the best interest of the High Plains Underground Water District; and WHEREAS, V.A.T.C., Tax Code, Section 312.206, allows the governing body of a taxing unit by official action taken at any time before the execution of the Tax Abatement Agreement by the City to express an interest to be bound by the terms of said Agreement; NOW THEREFORE: BE IT RESOLVED BY BOARD OF DIRECTORS OF THE HIGH PLAINS UNDERGROUND WATER DISTRICT: THAT the High Plains Underground Water District, by and through its President, does hereby take official action expressing its intent to be bound by the terms of a Tax Abatement Agreement by and between the City of Lubbock and McLane Company, Inc. and subsidiaries McLaneJFoodservice Lubbock, Inc. A copy of the Agreement attached hereto was delivered to the High Plains Underground Water District on the day of , 199. Passed by the Board of Directors of the High Plains Underground Water District this loth day of November , 1992 . ATTEST: ICR:da/AGENDA-D3 /N-WATER.rez September 30, 1992 oil vang R g lzgz V51M m"m M RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE LUBBOCK INDEPENDENT SCHOOL DISTRICT: THAT the President of the Lubbock Independent School District BE and is hereby authorized and directed to execute for and on behalf of the Lubbock Independent School District an Amendment to Tax Abatement Agreement by and between McLane/Foodservice Lubbock, Inc. and the Lubbock Independent School District for the use of certain property to be used as a reinvestment zone for commercial -industrial tax abatement, attached herewith. Passed by the Board of Trustees of the Lubbock Independent School District this _ day of `Jtu � }tau. , 199a. C MES, j ES ATTEST: Sec )CA: da/AGENDA-D3 /A-LISD. [es September 30, 1992 AMENDMENT TO TAX ABATEMENT AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK This Agreement made this the day of �'Au , 19 by and between the Lubbock Independent School District, acting by and through its Superintendent, hereunto duly authorized by the Board of Trustees (hereinafter called "District") and McLane/Foodservice Lubbock, Inc., a Texas Corporation (hereinafter called "Company"); WITNESSETH WHEREAS, the District and Company did enter into an agreement to abate taxes on improvements to real property owned by Company and more fully described in Exhibit "A" attached to the original agreement between the parties hereto; and WHEREAS, said original agreement between the District and Company was executed on the loth day of July, 1986; and WHEREAS, a copy of the original agreement executed by the District and Company is attached to this amendment as Exhibit "A" and made a part hereof for all purposes; and WHEREAS, there is a need to modify said original agreement between the parties hereto by deleting from said agreement certain unimproved land; and WHEREAS, V.T.C.A., Tax Code, Section 312.208, grants specific authority to the parties hereto to modify said original contract by deleting therefrom certain unimproved real property; NOW THEREFORE: For and consideration of the mutual covenants and agreements herein contained, the District and Company do hereby agree that the original contract, attached hereto as Exhibit A, shall be and is hereby modified to include only the improvements together with the underlying real property set forth in Exhibit "B", which exhibit is attached hereto and made a part hereof, and which said improvements are cross marked and identified on Exhibit "B" thereby. Save and except as above modified the original agreement executed between the parties shall remain in full force and effect. EXECUTED this j— day of , 19 MCLANE/FOODSERVICE LUBBOCK, INC. A Texas Corporatio /Kc ES DENT JCR: da/1NST-D9 /A-DSTRCT.dc,c September 30, 1992 - 2 - LUBBOCK INDEPENDENT SCHOOL DISTRICT ROY GR , PRESIDENT ATTEST: a 1;'Fcnr.7T'rrnw BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE LUBBOCK INDEPENDENT SCHOOL DISTRICT: THAT The President of the Board of Trustees of the Lubbock Independent School District BE and is hereby authorized and directed to execute for and on behalf of the Lubbock Independent School District an Agreement by and between McLane Foodservice Lubbock and the Lubbock Independent School District for the use of certain property to be used as a reinvestment zone for commercial -industrial tax abatement, attached herewith. Passed by the Board of Trustees of the Lubbock Independent School District this 12th day of June , 1986. G Y BOREN ESIDENT, BOARD OF TRUSTEES Abb •P AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock, pursuant to the provisions of Article 1066f of the Revised Civil Statutes of the State of Texas, known as the "Property Redevelopment and Tax Abatement Act", has designated by ordinance, which ordinance is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes, certain property as a reinvestment zone for commercial -industrial tax abatement under Section 3 of said Act; and WHEREAS, McLane/ Food service Lubbock is the owner of certain real property located within said reinvestment zone, and described in Ordinance No. 8928, heretofore incorporated into this Agreement as Exhibit "A"; and WHEREAS, the Lubbock Independent School District desires to promote and encourage the development of industry and the expansion and growth of the property; NOW THEREFORE: FOR AND IN CONSIDERATION of the mutual covenants and agree- ments herein contained, the Lubbock Independent School District, acting by and through its Superintendent, hereunto duly authorized by the Board of Trustees, and hereinafter called "District", and McLane/Foodservice Lubbock, a Texas corporation, acting by and through its duly authorized officers and agents, and hereinafter called "Foodservice", have this day entered into the following con- tract and agreement: 1. Term. This Agreement shall expire and be of no further $770,000 in tax abatement relief or ten (10) years from the date of its execution, whichever event occurs first. 2. Exemption from Tax. The District covenants and agrees to exempt and abate real property tax, on a lot by lot basis, based upon the following schedule: (a) Taxes on the raw land within the reinvestment zone as established in Ordinance No. 8928, attached hereto as Exhibit "A", shall be no more than the taxes levied on said land for the year 1986. (b) One Hundred (100%) percent of Foodservice's improvements on said real property for the term of this Agreement. (c) During the term of this Agreement, Foodservice agrees to use its best efforts to maintain a minimum of 100 em- ployees at the Lubbock facility. 3. Construction of Improvements. Foodservice covenants and agrees that it shall, within the term of this Agreement, complete the improvements indicated on the attached Exhibit "B", in an or- derly manner as the property is developed. 4. City Access to Property. Foodservice agrees that the City of Lubbock and District shall have access to the property and that municipal and District employees shall be able to inspect the property to insure that the improvements are being made in accord- ance with the specifications and conditions of this Agreement. 5. Limitation on Use. Foodservice agrees to limit the use of the property for commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock. 6. Default. Foodservice agrees that should it fail to make the improvements called for under this Agreement, then the District shall have the right, after giving notice and opportunity to cure as hereinafter set out, to recapture all property tax revenue on the property lost as a result of this Agreement. The District agrees, prior to the enforcement of the terms of this paragraph, to give Foodservice thirty (30) days Prior written notice, at the address shown below, of Foodservice's default in completing the uAyi.vJoulCtiL� <:aiicti foi: i'i a ad have the right to enter into a binding contract with a reputable contractor to complete the improvements within a reasonable time in order to cure said default. 7. Binding Effect. This Agreement shall inure to the bene- fit of and be binding upon the District and Foodservice, their af- filiates, subsidiaries, successors and assigns. �a 8. Assignment. Foodservice agrees that this Agreement may not be assigned voluntarily or by operation of law, such as through bankruptcy, receivership, or insolvency proceedings, without the prior consent of District. 9. Notices. Notices required by this Agreement shall be mailed to the following addresses: Lubbock Independent School District Dr. E. C. Leslie, Superintendent 1628 19th Street Lubbock, Texas 79401 McLane/Foodservice Lubbock 2915 Center Street P. O. Box 80 Temple, Texas 76503 10. Effective Date. This Agreement shall not be effective until such time as Ordinance No. 8928 creating the Reinvestment Zone shall be finally passed and approved. 11. Venue. This Agreement and all obligations thereunder are performable in Lubbock, Lubbock County, Texas.�J/ / EXECUTED this 1ST>416 day of U , 1986. McLANE/FOODSERVICE LUBBOCK, INC., a Texas corporation By: Y �'t PRESIDENT ATTEST: 65;v_�� 41111 SECRETARY ATTEST: --LUBBOCK INDEPENDENT SCHOOL DISTRICT By: O. 60REN, PRESIDENT B ARD OF TRUSTEES 3 THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § I, RANETTE BOYD, City Secretary for the City of Lubbock, Texas, hereby certify that the attached document is a true and correct copy of Ordinance 18928 as it appears in Volume #21 of the Ordinance record and as it remains on file in the Office of the City Secretary. Ordinance was passed on second and final reading on June 2, 1986. If I were called upon to testify, I would testify as to my position as City Secretary and that these records accurately reflect the records on file in this office. TO CERTIFY WHICH, witness my hand and seal of the City of Lubbock, Texas, this 2nd day of June, 1986. RARETTE'BOYD— City Secretary r , rlrsL. nccutoy May 30, 1986 . 11 Agenda Item #6 Second Reading June 2, 1986 i Agenda Item #3 Ii JCR:cl II ORDINANCE NO. 8928 AN ORDINANCE DESIGNATING A REINVESTMENT ZONE WITHIN THE CITY OF LUBBOCK AS AUTHORIZED BY ART. 1066f, V.A.C.S.; DESCRIBING THE BOUNDARIES OF SAID ZONE; DESCRIBING THE ELIGIBILITY OF SAID ZONE FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, Art, 1066g, V.A.C.S. authorizes the City Council of the City of Lubbock to create a Reinvestment Zone for commercial -industrial tax abatement purposes; and WHEREAS, the City Council of the City of Lubbock did declare its intent to create such a Reinvestment Zone by its adoption of Resolution 2316, reference to such resolution being hereby made, at its meeting of May 22, 1986; and WHEREAS, the City Council did cause a Notice of Intent to create such Reinvestment Zone to be delivered to all taxing units levying taxes on real property within the zone; and WHEREAS the boundaries of the Reinvestment Zone was described "in Exhibit "A" attached and made a part of Resolution 2316; and WHEREAS the necessary taxing units levying taxes on real property within the zone have waived the requirement of 60 day notice of the City Council's intent to create a Reinvestment Zone; and WHEREAS the necessary taxing units levying real property taxes on property within the zone have consented to a single formal presentation of the Reinvestment Zone Plan by the City Council of the City of Lubbock; and WHEREAS, the City Council did adopt a Reinvestment Zone Financing Plan for the zone hereinafter described; and WHEREAS the City Council did hold a public hearing to consider the establishment of a Reinvestment Zone as hereinafter described, said hearing being held on May 30, 1986, prior to the adoption of this Ordi- nance and did find that the improvements sought for the property within the Reinvestment Zone are feasible, practical and would be a benefit to said land; and WHEREAS the City Council of the City of Lubbock has determined and hereby finds that the real property, hereinafter described, to be included within the Reinvestment Zone is in a blighted area of the City of Lubbock and that such property substantially impairs or arrests the sound growth and development of the City of Lubbock in its present use; and EXHIBIT "A" WHEREAS the -City Council has previously found that the real property to be included within the Reinvestment Zone was within a blighted area of the City and was an economically depressed area all as set forth in Resolution Number 1769, reference to which is hereby made for all purposes; and: NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT by and under the authority of Art. 1066f, V.A.C.S., the following described real property located within the City of Lubbock, County of Lubbock, Texas is hereby designated as a Reinvestment Zone: FIELD NOTE DESCRIPTION for a 28.46 acre tract of land out of Section 5, Block 0, Lubbock County, Texas, further described by metes and bounds as follows: BEGINNING at a 1/2" rod set in the East line of said Section 5, Block 0, S.00°03140" E. a distance of 1375.03 feet from the Northeast corner of the Southeast 1/4 of said Section 5, Block 0, Lubbock County, Texas; THENCE S. 00*03140" E. along the East line of said Section 5, Block 0, a distance of 989.62 feet to a 3/8" rod set in the Northwesterly right-of-way line of the Ft. Worth & Denver R.R.; THENCE S. 45021105" W. along said R.R. right-of-way line a distance of 391.29 feet to a 3/4" iron pipe; THENCE S. 89030138" W. a distance of 589.37 feet to a 1/2" rod set in the Easterly right-of-way line of Loop 289; THENCE N. 00003' W. along said Easterly right-of-way line a distance of 30.89 feet to a 1/2" rod set in said Easterly right-of-way line; THENCE S. 89038' W. along said Easterly right-of-way line a distance of 20.00 feet to a 1/2" rod; THENCE Northwesterly around a curve to the right, along the Easterly right-of-way line of Loop 289, said curve having a radius of 85.00 feet, delta angle of 84°361, tangent lengths of 77.34 feet, and a chord distance of 114.41 feet to a 1/2" rod set in said Easterly right-of-way line; THENCE N. 05*46' W. along said Easterly right-of-way line a distance of 665.00 feet to a 1/2" rod set in the Easterly right-of-way line of Loop 289; 2- THENCE N. 00003' W. along said Easterly right -of -Hay line a distance of 491.67 feet to a 1/2" rod; THENCE N. 89°30138" E. a distance of 1039.35 feet to the PLACE OF BEGINNING. SECTION 2. THAT the area of the Reinvestment Zone as described in Section 1 of this Ordinance, is eligible for such designation in that its present use substantially impairs or arrests the sound growth of the City of Lubbock and constitutes an economic liability for the City in that the property has never been platted and is predominantly open and undeveloped and has been in such condition for over ten (10) years even though such property is adjacent to Loop 289 and has rail access. SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. AND IT IS SO ORDERED: Passed by the City Council on first reading this 30tth day of May, 986. Passed by the City Council on second reading this Znd day of June 1986. ATTEST: , pity aecr B.C. McMINN, MAYOR APPROVED AS TO FORM: G 1 John C. Ross, Jr., Cityv Attorney IV - , W EXHIBIT "B" CONSTRUCTION OF IMPROVEMENTS The development plan for the reinvestment zone referenced by the above title is to be implemented by,the construction of a major industrial facility. This facility will require the Y development of an area of approximately 28 acres. The building to house the plant will cover a 180,000 square foot area. The estimated cost of construction for the facility and the value to be placed on the tax rolls will be approxi- mately $6,000,000. The estimated annual tax revenues from real property on this development will be approximately $110,000 that will be abated until the company has recovered an amount of $770 ,000. RESOLUTION WHEREAS, the Lubbock Independent School District did receive notice of the City Council's intent to enter into a Tax Abatement Agreement with McLane Company, Inc. and subsidiaries, McLane/Foodservice Lubbock, Inc.; and WHEREAS, such notice was received not later than the seventh day before the date on which the City Council of the City of Lubbock intends to enter into such Tax Abatement Agreement; and WHEREAS, the Lubbock Independent School District does believe that the granting of tax abatement to the above named companies is in the best interest of the Lubbock Independent School District; and WHEREAS, V.A.T.C., Tax Code, Section 312.206, allows the governing body of a taxing unit by official action taken at any time before the execution of the Tax Abatement Agreement by the City to express an interest to be bound by the terms of said Agreement; NOW THEREFORE: BE IT RESOLVED BY BOARD OF TRUSTEES OF THE LUBBOCK INDEPENDENT SCHOOL DISTRICT: THAT the Lubbock Independent School District, by and through its President, does hereby take official action expressing its intent to be bound by the terms of a Tax Abatement Agreement by and between the City of Lubbock and McLane Company, Inc. and subsidiaries McLane/Foodservice Lubbock, Inc. A copy of the Agreement attached hereto was delivered to the Lubbock Independent School District on the _� day of lLtkmo)A� , 199A . Passed by the Board of Trustees of the Lubbock Independent School District this Io� day of -� i ATTEST: Se ary JCR: da/AQENDA-D3lN-LJSD.rea September 30, 1992 MEMORANDUM TO: County Judge Don McBeath Jim Courtney, University Medical Center Mike Moses, Lubbock Independent School District Wayne Wyatt, High Plains Underground Water District FROM: Rod Ellis, Business Liaison Officer SUBJECT: Tax Abatement for McLane Food Service DATE: October 5, 1992 I wanted to let you know that we are placing an item on the City Council agenda for Tuesday, October 6, 1992 to begin the process for granting 10-year tax abatement to McLane Food Service for their major expansion. The first step in the process is for Council to pass a resolution set- ting a date for a public hearing to establish a reinvestment zone for the 26-acre tract of land located at the northeast corner of Loop 289 and East 19th Street. The previous reinvestment zone that was estab- lished on this tract has expired. According to our City Attorney, the State tax code prohibits a local government from approving a tax abatement agreement until a reinvestment zone has been established, and it is necessary to hold a public hearing prior to creating this reinvestment zone. The resolution to be consid- ered by Council on October 6 sets forth the date, time, location and publication requirements for a public hearing on a reinvestment zone to accommodate the request by McLane Food Service for tax abatement. We are recommending that Council schedule the public hearing on Thursday, October 22. The City Secretary will publish notices of the hearing and forward a copy to each of you. The City Attorney is drafting all the necessary documents including the tax abatement agreement with McLane Food Service for each taxing entity. We will be forwarding these documents to you for approval as we move through the required steps. I am attaching a guide which explains the general steps we will be following to approve the tax abatement agree- ments. October 5, 1992 PAGE 2 In addition, it will be necessary to amend the original tax abatement agreement entered into by McLane Food Service Lubbock, Inc. and each taxing unit in Lubbock County to delete from the agreements the unim- proved real property necessary for the expansion. The amendment must be approved prior to the execution of the new tax abatement. agreement. Please call me if you have questions, and thank you for all your assis- tance on this important project for Lubbo i�:* I Rod Ellis Business Liaison Officer Attachment RE:sdh xc: Mayor David R. Langston and Members of the City Council John Ross, City Attorney Dave Kimbrough, Lubbock County Tax Appraisal District DGV:cl AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock, pursuant to the provisions of Article 1066f of the Revised Civil Statutes of the State of Texas, known as the "Property Redevelopment and Tax Abatement Act", has designated by ordinance, which ordinance is attached hereto as Exhibit "A", and incorporated herein by reference for all purposes, certain property as a reinvestment zone for commercial -industrial tax abatement under Section 3 of said Act; and WHEREAS, McLane/Foodservice Lubbock is the owner of certain real property located within said reinvestment zone, and des- cribed in Ordinance No. 6926, heretofore incorporated into this Agreement as Exhibit "A"; and WHEREAS, the High Plains Water District desires to promote and encourage the development of industry and the expansion and the growth of the Property; NOW THEREFORE: FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained, the High Plains Water District, acting by and through its President, hereunto duly authorized by the Board of Directors, and hereinafter called "Water District", and McLane/Foodservice Lubbock, a Texas corporation, acting by and through its duly authorized officers and agents, and herein- after called "Foodservice" have this day entered into the following contract and agreement: 1. Term. This Agreement shall expire and be of no further force or effect between the parties when Foodservice has received $770,000 in tax abatement relief or ten (10) years from the date of its execution whichever event occurs first. 2. Exemption from Tax. The Water District covenants and agrees to exempt and abate real property tax, on a lot by lot basis, based upon the following schedule: (a) Taxes on the raw land within the reinvestment zone as established in Ord. No. 8928 attached hereto as Exhibit "A" shall be no more than the taxes levied on said land for the year 1986. (b) One Hundred (100%) percent of Foodservice's improve- ments on said real property for the term of this Agreement. (c) During the term of this Agreement, Foodservice agrees to use its best efforts to maintain a minimum of 100 employees at the Lubbock facility. 3. Construction,of Improvements. Foodservice covenants and agrees that it shall, within the term of this Agreement, complete the improvements indicated on the attached Exhibit B, in an orderly manner as the property is developed. 4. City Access to Property. Foodservice agrees that the c City shall have access to the property and that municipal employees shall be able to inspect the property to insure that the improvements are being made in accordance with the speci- fications and conditions of this Agreement. 5. Limitation on Use. Foodservice agrees to limit the use of the property for commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock. 6. Default. Foodservice agrees that should it fail to make the improvements called for under this Agreement, then the Water District shall have the right, after giving notice and opportunity to cure as hereinafter set out, to recapture all property tax revenue on the property lost as a result of this Agreement. The Water District agrees, prior to the enforcement of the terms of this Paragraph, to qive Foodservice thirty (30) days written notice to the address shown below of its default in completing the improvements called for in this Agreement and Foodservice shall have the right to enter into a binding contract with a reputable contractor to complete the improvements within a reasonable time in order to cure said default. - 2 - 7. Binding_ Effect. This Agreement shall inure to the benefit of and be binding upon the Water District and Food - service, their affiliates, subsidiaries, successors and assigns. S. Foodservice agrees that this Agreement may not be assigned without the prior consent of Water District. 9. Notices. Notices required by this Agreement shall be mailed to the following addresses: High Plains McLane/Foodservice Lubbock Water District 2915 Center Street James P. Mitchell, Pres. P.O. Box 80 2930 Avenue Q Temple, Texas 76503 Lubbock, Texas 79405 10. Effective Date. This Agreement shall not be effective until such time as Ordinance No. 8928 creating the Reinvestment Zone shall be finally passed anq approved. EXECUTED this /D day of t/U 1(/ , 19 fo MCLANE/FOODSERVICE LUBBOCK, INC. A Texas Corpotio rn: 'b M�:L W, PRESID NT ATTEST: ctary re HIGH PLAINS WATER DISTRICT 1-7 AMES P. MI CHELL, PRESIDENT ATTEST: - 3 - MAP IN FILE SEE RESOLUTION Tnl+#F�v4tJ�M irW'Pr,`. 1h y b},•'f 9� �4 Y .r * -.. ,ef:. d f F,=. S � ;�. a � M N'�.i � !y Y F P�.J.Y v.E ".� . if .t�� Y�?r�F.'n'�` S��i�iM..,�'}Sk y ?.x �.t's�j• � !Z' C? `*{. =. THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § I, RANETTE BOYD, City Secretary for the City of Lubbock, Texas, hereby certify that the attached document is a true and correct copy of Ordinance #8928 as it appears in Volume #21 of the Ordinance record and as it remains on file in the Office of the City Secretary, Ordinance was passed on second and final reading on June 2, 1986. If I were called upon to testify, I would testify as to my position as City Secretary and that these records accurately reflect the records on file in this office. TO CERTIFY WHICH, witness my hand and seal of the City of Lubbock, Texas, this _ 2nd day of June, 1986. jSeali /'f '�'�, RANETTE BOYD— City Secretary v a 'v `[i -yF� ! 1(e; .. .e�� 4...a t V "1, .1,.• 4 '.1t4 Y:K f�F.'V .,a _t 1r L �.N.,�.a" '63 y.,r74 '3°1 .'e�'�' �'rF �',a ns:. JCR:cl First Reading May 30, 1986 Agenda Item #6 Second Reading June 2, 1986 Agenda Item #3 ORDINANCE NO. 8928 ` AN ORDINANCE DESIGNATING A REINVESTMENT ZONE WITHIN THE CITY OF LUBBOCK AS AUTHORIZED BY ART. 1066f, V.A.C.S.; DESCRIBING THE BOUNDARIES OF SAID ZONE; DESCRIBING THE ELIGIBILITY OF SAID ZONE FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, Art. 1066g, V.A.C.S. authorizes the City Council of the City of Lubbock to create a Reinvestment Zone for commercial -industrial tax abatement purposes; and WHEREAS, the City Council of the City of Lubbock did declare its intent to create such a Reinvestment Zone by its adoption of Resolution 2316, reference to such resolution being hereby made, at its meeting of May 22, 1986; and WHEREAS, the City Council did cause a Notice of Intent to create such Reinvestment Zone to be delivered to all taxing units levying taxes on real property within the zone; and WHEREAS the boundaries of the Reinvestment Zone was described in Exhibit "A" attached and made a part of Resolution 2316; and WHEREAS the necessary taxing units levying taxes on real property within the zone have waived the requirement of 60 day notice of the City Council's intent to create a Reinvestment Zone; and WHEREAS the necessary taxing units levying real property taxes on property within the zone have consented to a single formal presentation of the Reinvestment Zone Plan by the City Council of the City of Lubbock; and WHEREAS, the City Council did adopt a Reinvestment Zone Financing Plan for the zone hereinafter described; and WHEREAS the City Council did hold a public hearing to consider the establishment of a Reinvestment Zone as hereinafter described, said hearing being held on May 30, 1986, prior to the adoption of this Ordi- nance and did find that the improvements sought for the property within the Reinvestment Zone are feasible, practical and would be a benefit to said land; and WHEREAS the City Council of the City of Lubbock has determined and hereby finds that the real property, hereinafter described, to be included within the Reinvestment Zone is in a blighted area of the City of Lubbock and that such property substantially impairs or arrests the sound growth and development of the City of Lubbock in its present use; and EXHIBIT "A" WHEREAS the City Council has previously found that the real property to be included within the Reinvestment Zone was within a blighted area of the City and was an economically depressed area all as set forth in Resolution Number 1769, reference to which is hereby made for all purposes; and: NOW THEREFORE:' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT by and under the authority of Art. 1066f, V.A.C.S., the following described real property located within the City of Lubbock, County of Lubbock, Texas is hereby designated as a Reinvestment Zone: FIELD NOTE DESCRIPTION for a 28.46 acre tract of land out of Section 5, Block 0, Lubbock County, Texas, further described by metes and bounds as follows: BEGINNING at a 1/2" rod set in the East line of said Section 5, Block 0, 5.00003'40" E. a distance of 1375.03 feet from the Northeast corner of the Southeast 1/4 of said Section 5, Block O, Lubbock County, Texas; THENCE S. 00*03140" E. along the East line of said Section 5, Block 0, a distance of 989.62 feet to a 3/8" rod set in the Northwesterly right-of-way line of the Ft. Worth & Denver R.R.; THENCE S. 45021'05" W. along said R.R. right-of-way line a distance of 391.29 feet to a 3/4" iron pipe; THENCE S. 89°30'38" W. a distance of 589.37 feet to a 1/2" rod set in the Easterly right-of-way line of Loop 269; THENCE N. 00*03' W. along said Easterly right-of-way line a distance of 30.89 feet to a 1/2" rod set in said Easterly right-of-way line; THENCE S. 89038' W. along said Easterly right-of-way line a distance of 20.00 feet to a 1/2" rod; THENCE Northwesterly around a curve to the right, along the Easterly right-of-way line of Loop 289, said curve having a radius of 85.00 feet, delta angle of 84036', tangent lengths of 77.34 feet, and a chord distance of 114.41 feet to a 1/2" rod set in said Easterly right-of-way line; THENCE N. 05046' W. along said Easterly right-of-way line a distance of 665.00 feet to a 1/2" rod set in the Easterly right-of-way line of Loop 289; -2- :ram t`5. �_"'F xs.a �''r_'..lti�t -r +r rr,+' .�'�,;= �?+y:t:�f•�if'',.,t4t 'M V:;3 THENCE N. 00003' W. along said Easterly right-of-way line a distance of 491.67 feet to a 1/2" rod; THENCE N. 89030'38" E. a distance of 1039.35 feet to the PLACE OF BEGINNING. SECTION 2. THAT the area of the Reinvestment Zone as described in Section 1 of this Ordinance, is eligible for such designation in that its present use substantially impairs or arrests the sound growth of the City of Lubbock and constitutes an economic liability for the City in that the property has never been platted and is predominantly open and undeveloped and has been in such condition for over ten (10) years even though such property is adjacent to Loop 289 and has rail access. SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. AND IT IS SO ORDERED: Passed by the City Council on first reading this 30th day of May, 1986. Passed by the City Council on second reading this 2nd day of June 1986. ATTEST: , Gity Secretary e B.C. McMINN, MAYOR APPROVED AS TO FORM: IG�yry 1 ,7orn C. Ross, Jr., City Attorney -3- EXHIBIT "B" CONSTRUCTION OF IMPROVEMENTS The development plan for the reinvestment zone referenced by the above title is to be implemented by the construction of a major industrial facility. This facility will require the i development of an area of approximately 28 acres. The building to house the plant will cover a 180,000 square foot area. The estimated cost of construction for the facility and the value to be placed on the tax rolls will be approxi- mately $6,000,000. The estimated annual tax revenues from real property on this development will be approximately $110,000 that will be abated until the company has recovered an amount of $770,000. THE STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § I, RANETTE BOYD, City Secretary for the City of Lubbock, Texas, hereby certify that the attached document is a true and correct copy of Ordinance #8928 as it appears in Volume #21 of the Ordinance record and as it remains on file in the Office of the City Secretary. Ordinance was passed on second and final reading on June 2, 1986, If I were called upon to testify, I would testify as to my position as City Secretary and that these records accurately reflect the records on file in this office. TO CERTIFY WHICH, witness my hand and seal of the City of Lubbock, Texas, this 2nd day of June, 1986. (Seal) . RANETTE—BOYD City Secretary JCR:cl First Reading May 30, 1986 Agenda Item #6 Second Reading June 2, 1986 Agenda Item 03 ORDINANCE NO. 8928 AN ORDINANCE DESIGNATING A REINVESTMENT ZONE WITHIN THE CITY OF LUBBOCK AS AUTHORIZED BY ART. 1066f, V.A.C.S.; DESCRIBING THE BOUNDARIES OF SAID ZONE; DESCRIBING THE ELIGIBILITY OF SAID ZONE FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, Art. 1066g, V.A.C.S. authorizes the City Council of the City of Lubbock to create a Reinvestment Zone for commercial -industrial tax abatement purposes; and WHEREAS, the City Council of the City of Lubbock did declare its intent to create such a Reinvestment Zone by its adoption of Resolution 2316, reference to such resolution being hereby made, at its meeting of May 22, 1986; and WHEREAS, the City Council did cause a Notice of Intent to create such Reinvestment Zone to be delivered to all taxing units levying taxes on real property within the zone; and WHEREAS the boundaries of the Reinvestment Zone was described in Exhibit "A" attached and made a part of Resolution 2316; and WHEREAS the necessary taxing units levying taxes on real property within the zone have waived the requirement of 60 day notice of the City Council's intent to create a Reinvestment Zone; and WHEREAS the necessary taxing units levying real property taxes on property within the zone have consented to a single formal presentation of the Reinvestment Zone Plan by the City Council of the City of Lubbock; and WHEREAS, the City Council did adopt a Reinvestment Zone Financing Plan for the zone hereinafter described; and WHEREAS the City Council did hold a public hearing to consider the establishment of a Reinvestment Zone as hereinafter described, said hearing being held on May 30, 19B6, prior to the adoption of this Ordi- nance and did find that the improvements sought for.the property within the Reinvestment Zone are feasible, practical and would be a benefit to said land; and WHEREAS the City Council of the City of Lubbock has determined and hereby finds that the real property, hereinafter described, to be included within the Reinvestment Zone is in a blighted area of the City of Lubbock and that such property substantially impairs or arrests the sound growth and development of the City of Lubbock in its present use; and EXHIBIT "A" WHEREAS the City Council has previously found that the real property to be included within the Reinvestment Zone was within a blighted area of the City and was an economically depressed area all as set forth in Resolution Number 1769, reference to which is hereby made for all purposes; and: NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT by and under the authority of Art. 1066f, V.A.C.S., the following described real property located within the City of Lubbock, County of Lubbock, Texas is hereby designated as a Reinvestment Zone: FIELD NOTE DESCRIPTION for a 28.46 acre tract of land out of Section 5, Block 0, Lubbock County, Texas, further described by metes and bounds as follows: BEGINNING at a 1/2" rod set in the East line of said Section 5, Block 0, S.00003'40" E. a distance of 1375.03 feet from the Northeast corner of the Southeast 1/4 of said Section 5, Block 0, Lubbock County, Texas; THENCE S. 00003'40" E. along the East line of said Section 5, Block 0, a distance of 989.62 feet to a 3/8" rod set in the Northwesterly right-of-way line of the Ft. Worth & Denver R.R.; THENCE S. 45021'05" W. along said R.R. right-of-way line a distance of 391.29 feet to a 3/4" iron pipe; THENCE S. 89030'38" W. a distance of 589.37 feet to a 1/2" rod set in the Easterly right-of-way line of Loop 289; THENCE N. 00003' W. along said Easterly right-of-way line a distance of 30.69 feet to a 1/2" rod set in said Easterly right-of-way line; THENCE S. 89038' W. along said Easterly right-of-way line a distance of 20.00 feet to a 1/2" rod; THENCE Northwesterly around a curve to the right, along the Easterly right-of-way line of Loop 289, said curve having a radius of 85.00 feet, delta angle of 84036', tangent lengths of 77.34 feet, and a chord distance of 114.41 feet to a 1/2" rod set in said Easterly right-of-way line; THENCE N. 05046' W. along said Easterly right-of-way line a distance of 665.00 feet to a 1/2" rod set in the Easterly right-of-way line of Loop 289; -2- THENCE N. 00003' W. along said Easterly right-of-way line a distance of 491.67 feet to a 1/2" rod; THENCE N. 89030'38" E. a distance of 1039.35 feet to the PLACE OF BEGINNING. SECTION 2. THAT the area of the Reinvestment Zone as described in Section 1 of this Ordinance, is eligible for such designation in that its present use substantially impairs or arrests the sound growth of the City of Lubbock and constitutes an economic liability for the City in that the property has never been platted and is predominantly open and undeveloped and has been in such condition for over ten (10) years even though such property is adjacent to Loop 289 and has rail access. SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. AND IT IS SO ORDERED: Passed by the City Council on first reading this 30th day of May, 1986. Passed by the City Council on second reading this 2nd day of June 1986. ATTEST: e Boyd, City Secretary Ci� B.C. McMINN, MAYOR APPROVED AS TO FORM: c�.. Sohn C. Ross, Jr., City Attorney -3- development of an area of approximately ZU acres. Ine building to house the plant will cover a 180,000 square foot area. The estimated cost of construction for the facility and the value to be placed on the tax rolls will be approxi- mately $6,000,000. The estimated annual tax revenues from real property on this development will be approximately $110,000 that will be abated until the company has recovered an amount of $770,000. .. •. F ... '. � .. I. ... .. `•ice'. rs: �— MAP IN FILE SEE RESOLUTION DGV:cl AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock, pursuant to the provisions of Article 1066f of the Revised Civil Statutes of the State of Texas, known as the "Property Redevelopment and Tax Abatement Act", has designated by ordinance, which ordinance is attached hereto as Exhibit "A", and incorporated herein by reference for all purposes, certain property as a reinvestment zone for commercial -industrial tax abatement under Section 3 of said Act; and WHEREAS, McLane/Foodservice Lubbock is the owner of certain real property located within said reinvestment zone, and des- cribed in Ordinance No. 8928, heretofore incorporated into this Agreement as Exhibit "A"; and WHEREAS, the County of Lubbock desires to promote and encourage the development of industry and the expansion and the growth of the Property; NOW THEREFORE: FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained, the County of Lubbock, acting by and through its County Judge, hereunto duly authorized by the Commissioners Court of Lubbock County, and hereinafter called "County", and McLane/Foodservice Lubbock, a Texas corporation, acting by and through its duly authorized officers and agents, and hereinafter called "Foodservice" have this day entered into the following contract and agreement: 1. Term. This Agreement shall expire and be of no further force or effect between the parties when Foodservice has received $770,000 in tax abatement relief or ten (10) years from the date of its execution whichever event occurs first. 2. Exemption from Tax. The County covenants and agrees to exempt and abate real property tax, on a lot by lot basis, based upon the following schedule: (a) Taxes on the raw land within the reinvestment zone as established in Ord. No. 8928 attached hereto as Exhibit "A" shall be no more than the taxes levied on said land for the year 1986. (b) One Hundred (100%) percent of Foodservice's improve- ments on said real property for the term of this Agreement. (c) During the term of this Agreement, Foodservice agrees to use its best efforts to maintain a minimum of 100 employees at the Lubbock facility. 3. Construction of Improvements. Foodservice covenants and agrees that it shall, within the term of this Agreement, complete the improvements indicated on the attached Exhibit B, in an orderly manner as the property is developed. 4. City Access to Property. Foodservice agrees that the City -shall have access to the property and that municipal employees shall be able to inspect the property to insure that the improvements are being made in accordance with the speci- fications and conditions of this Agreement. 5. Limitation on Use. Foodservice agrees to limit the use of the property for commercial and/or industrial uses as those terms are defined in the zoning ordinances of the City of Lubbock. 6. Default. Foodservice agrees that should it fail to make the improvements called for under this Agreement, then the County shall have the right, after giving notice and opportunity to cure as hereinafter set out, to recapture all property tax revenue on the property lost as a result of this Agreement. The County agrees, prior to the enforcement of the terms of this Paragraph, to give Foodservice thirty (30) days written notice to the address shown below of its default in completing the improve- ments called for in this Agreement and Foodservice shall have the right to enter into a binding contract with a reputable con- tractor to complete the improvements within a reasonable time in order to cure said default. - 2 - 7. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the County and Foodservice, their affiliates, subsidiaries, successors and assigns. B. Foodservice agrees that this Agreement may not be assigned without the prior consent of County. 9. Notices. Notices required by this Agreement shall be mailed to the following addresses: County of Lubbock McLane/Foodservice Lubbock Rodrick L. Shaw, Judge 2915 Center Street 904 Broadway P.O. Box 80 Lubbock, Texas 79401 Temple, Texas 76503 10. Effective Date. This Agreement shall not be effective until such time as Ordinance No. 8928 creating the Reinvestment Zone shall be finally passed and approved. EXECUTED this , day of t7VN� , 19 o b. MCLANE/FOODSERVICE LUBBOCK, INC. COUNTY OF LUBBOCK A Texas Corporation: 1 PRESI ENT RODRICK L. SHAW, JUDGE ATTEST: Secretary ATTEST : County Clerk - 3 - MAP IN FILE SEE RESOLUTION R:, %vw 9 40. 0 PLAT SHOWING TOPOGRAPHIC SURVEY ON TRACT 6 PLANTERS INDUSTRIAL PARK ADDITION TO THE CITY OF LUBBOCK. LUBBOCK COUNTY, TEXAS ® EXISTING IMPROVEMENTS EAST /6ih S7-REEr CHJ / l wIII .r I / IN—i— /Calf f./e -- NCIIT L941 WKATE EAOPENTY L:Wl WFt.s TRACT OMET 8 MAMTED TO ,�IEOW�UrfET iru' ¢.sr A. ANO -A CCItKo CORK >R - MANlIpIKI Mo [AS[MCNT YAVIt IS, rfr _ W!`•Y��VNVID!EIlII!IODCT��rprIRO V^11LRT `f//EKCNT AN LF YIC[CG ' lOVfIM[!t M/ S[ !N!t-/DVtMMEITEMI MLL TELCPNONE Ce O . rralu '; Nao I ITENEo PROff KONLL L4q }1n't10rT fC•!'a"rr�r E`r4nou tWl LLSIOC TE■Ai IE�IED imrEAWNswr a• Darr N F.S0 I1001 ... A • rLQELW AW OOQT FM ACTUAL ALL )DOD TO ALL GATE V f% ALL vYH! IrOr Tr[lrnY Mltwf[D K OAT[ HIVE! wft� Od AT . . I a AND A9390C1ATE _ LA/VO YLsNEYOlI9 RC A"at" O OVL ENGNEOW - LE.OBOM Tax0a i I. A• AL!• Ta♦ 9 PLAT SHOWING TOPOGRAPW SURVEY ON TRACT 6 PLANTERS INDUSTRIAL PARK ADDITION TO THE CITY OF LUBBOCK. LUBBOCK COUNTY, TEXAS ® EXISTING IMPROVEMENTS MOTE. ECK[ 1"• AIG IN LME FpD�TE ggrEErT LpIEE INK rTO 1n�EE �ikwE��a`�LM i�.eTOTo�i ii�tiiMr4r p, wo ro � WE- Ti�1VMED[ETpI DaTfq1W�TppUM��A` MWNT p ENET-1Wr11M([T[NM SELL TELEPHONE Co O N MI (r w' T a- Darr N :"L [LOOM !!•IL EOD WOO TO ALL ELEMTKNE PON ACTUAL VICE OATW ALL V WS TTM grWNvHTE M rED W GATE rLKE T EAST /6lh SrREE7' CHJ / 1%7111 %..f.. E&-&- E NEd ETEME'NMEEEN}TEL LAND KTMEVON WEpOC- T[- s NEAOEEO ;vr[La m A TEES •y eI AIL.. GO F _ AND ASSOCIA LATVO YLiNEYOFI6 /Q7D OVL B•1[in1EEFTB - ll® H. •L O 0 PLAT SHOWING TOPOGRAPW SURVEY 0%TRACT 6 PLANTERS INDUSTRIAL PARK ADDITION TO THE CITY OF LUBBOCK. LUBBOCK COUNTY, TEXAS ® EXISTING IMPROVEMENTS mms iCAll � , b MEANT lF[3 FgCAT! FIpF[An LFF[! TM tI�U�t�T �aisFY�FAAKst�EID A 4AN1ET UyEJF � iFC 9MAT[D To eLYM�ET pAl�AO[D�ali etiw�i iYlciiMrtt e, AIID TD A `T" �TVVF�D[�Ip10D��IOV1p0�[V�T�TILRI `M SEEMT�LT "%T-sDYt1A1(fTEAt( EFLL teLEFMDMF Ce O . FoM sA MOD 0 FdNI QE [L[MtpM r-FMSMFD TLODR rL • FLOMLOW ADD ww TO ALL ELEWI Ms FOM ACNAL Ys➢s DAn" ALL MY s Mot OmrF tF F TFO W DArE VM.Ks P- we%Tr icss, C7-ZCW'T Cf-IJ / A711If %.,?8' 1 9&—&- F CEATFRO Cp1AECT AUDVET ss. 1HE lueexe rLSAs RveED >1EEFTFLeEM q rise 0 E X Wl V 1T L;, —EE..Ly Mrs. 04C. 1 AF�AL O 7:)C 7EKei Lw tV -" PLAT SHOWING TOPOGRAPHIC SURVEY ON TRACT 6 PLANTERS INDUSTRIAL PARK ADDITION TO THE CITY Of LUBBOCK, LUBBOCK COUNTY, TEXAS ® EXISTING IMPROVEMENTS ft:*w, . EAST /6th STREET A. M' S] 3e go NOTt e ukt ao N[YT LI(! NbC�TC �JPf�T1' lM! 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