HomeMy WebLinkAboutResolution - 5467 - Agreement - Purina Mills Inc - Tax Abatement, 201 E. Municipal Drive - 04_10_1997RESOLUTION NO. 546
Item #37
April 10, 1997
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 and all related documents by and
between the City of Lubbock and Purina Mills, Inc., attached hereto and 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 loth day of Apra 1 1997.
ATTEST:
Ka Darnell, City Secretary
APPROVED AS TO CONTENT:
Debra B. Forte', irst Assistant City Manager
APPROVED AS TO FORM:
&40az��X
arold Willard, Assistant City Attorney
H W/gs. ocdora\Puri naM. RES
February 18, 1997
RESOLUTION NO.5467
Item #37
April 10, 1997
AGREEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This Agreement made this day of , 1997, by and
between the City of Lubbock, Texas, a home rule municipality of the State of Texas
(hereinafter called "City") and Purina Mills, Inc. (hereinafter called "Company");
WITNESSETH:
WHEREAS, City did receive from Company on the 2nd day of January, 1997, an
application for tax abatement for the replacement of an existing manufacturing facility to
be located at 201 E. Municipal Drive, which is further described as a tract of land out of
Section Seventy -Seven (77), Block A, Abstract No. 179, Certificate No. 1210, E.L. &
R.R. Co. Survey, Lubbock, Lubbock County, Texas, and being further described as
follows:
BEGINNING at a 1" iron pipe found, 50.00 feet Northwesterly as measured
perpendicular to the centerline of the main tract of Atchison, Topeka & Santa Fe Railway
Company, for the Southwest and beginning corner of this tract whence the Southwest
corner of Section 77, Block A, Certificate No. 210, E.L. & R.R. Co. Survey, Lubbock
County, Texas, bears South 64°36'04" West, 402.70 feet and South 00°06'54" East,
93.27 feet;
THENCE North 64°36'04" East, parallel with said main tract centerline, 2425.98 feet
(call 2425.95 feet) to a 1/2" iron rod and cap found for the most Easterly corner of this.
tract;
THENCE North 25°18'51" West (call North 25°23'56" West), 59.97 feet (call 60.0 feet)
to a 1/2" iron rod and cap found for the P.C. of a curve to the left;
THENCE Northwesterly, along the arc of said curve, an arc distance of 162.99 feet (call
162.47 feet) to a 1/2" iron rod and cap set for the P.T. of said curve with a radius of
120.00 feet, a central angle of 77°49' 14", and a chord that bears North 64°05'28" West,
150.75 feet;
THENCE South 77°01'52" West (call South 77°02'30" West), 1886.94 feet (call
1886.98 feet) to a 1/2" iron rod and cap found for a corner of this tract;
THENCE South 89057'37" West (call West), 191.50 feet to a 1/2" iron rod with cap
found for the Northwest corner of this tract;
THENCE South 00100' 14" East (call South), 737.02 feet (call 737.10 feet) to the Point
of Beginning.
WHEREAS, upon review of the above application, it was determined that the new
facility will be located in the North Enterprise Zone designated by the City in Ordinance
No. 9591; and
WHEREAS, the Guidelines and Criteria for Tax Abatement within the jurisdictions
of the taxing units of Lubbock County were heretofore adopted by Resolution No. 4973
of the City Council of the City of Lubbock; and
WHEREAS, the City has complied with all the requirements set forth in V.T.C.A.,
Tax Code §312.201; and
WHEREAS, the City has complied with all of the criteria and guidelines as set
forth in the Guidelines and Criteria Governing Tax Abatement for all taxing units
contained within Lubbock County, said Guidelines having been adopted by Resolution No.
4973 of the City on September 28, 1995; and
WHEREAS, the City did pass Ordinance No. 9591 creating an Enterprise Zone for
commercial and industrial tax abatement, and said Zone includes the hereinabove
described tract of land; and
WHEREAS, V.A.T.C., Tax Code §312.2011 provides that designation as an
enterprise zone constitutes designation as a reinvestment zone without further action; and
WHEREAS, the application received by City from Company is an application for
the replacement of an existing facility; and
WHEREAS, Section IV of the Guidelines and Criteria Governing Tax Abatement
for all taxing units contained within Lubbock County adopted by the City Council by
Resolution No. 4973 recognizes replacement of an existing facility as being eligible for tax
abatement status; and
WHEREAS, though the Company's application does not meet the specific
standards of Section IV(9)(c)(1) of such Guidelines in that the replacement of the existing
facility will not result in the creation and retention of 10 new jobs, the City Council does
hereby find that all of the other Guidelines, as adopted by Resolution No. 4288, have
otherwise been met by the Company; and
WHEREAS, Section IV(9)(d) of the Guidelines enables the governing body of the
City to grant the Company a variance from the requirements contained in Section
AGREEMENT -PURINA MILLS, INC. PAGE 2
IV(9)(c)(1) of the Guidelines by the affirmative vote of three -fourths of the governing
body; and
WHEREAS, the City Council finds that granting the Company a variance from the
requirements of Section IV(9)(c)(1) and entering into this agreement to abate taxes on the
property described in Exhibit "A" will contribute to the retention of existing jobs within
the City of Lubbock, and enhance economic development within the designated Enterprise
Zone; and
WHEREAS, Section 312.204(f) of the Tax Code provides that Tax Abatement
Agreements for property located in a municipal enterprise zone are not required to contain
identical terms to all other Tax Abatement Agreements; and
WI-IEREAS, it is anticipated that law resulting in reduced local ad valorem
taxation by cities, counties and school districts on businesses shall be enacted by the
Texas Legislature; and
WHEREAS, the City Council finds that the total tax abatement to be provided by
the City to the Company for the tax abatement term shall be reduced at the end of each
term year after the base year by the same amount of any ad valorem tax reduction
provided by the Texas legislature beyond the ad valorem tax rate that would otherwise
have been in effect in without such legislation having been passed; and
WHEREAS, the location of the new facility and surrounding real property, and a
brief description of the same, are outlined on Exhibit "A" attached hereto and made a part
of this Agreement for all purposes;
NOW THEREFORE, for and in consideration of the premises and of the mutual
terms, covenants and conditions herein contained, the City does hereby grant the
Company a variance from the requirements of Section IV(9)(c)(1) of the Guidelines and
the City and Company do hereby agree as follows:
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 1997, 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.
AGREEMENT--PURINA MQ,LS, INC. PAGE 3
SECTION 4. Abatement of Increase in Base Year Tax. In accordance with
V.A.T.C., Tax Code §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. Net Amount of Abatement. The amount of taxes herein abated by
the City shall be reduced dollar for dollar by the amount of taxes that would have
otherwise. become due annually on the property which the new facility is intended to
replace, regardless of whether the existing property is abandoned or demolished by the
Company.
The amount of taxes herein abated shall be reduced dollar for dollar by any amount
of ad valorem tax relief that shall be granted by the Texas Legislature during the term of
this agreement. Such reduction in abatement shall be included in each year's tax payment
by the Company to the City following the base year should the Legislature take such
action.
SECTION 6. Property Ineligible for Tax Abatement. The property described and
set forth in Section IV(5) of the Guidelines and Criteria Governing Tax Abatement for all
taxing units contained within Lubbock County and heretofore adopted by the City Council
by Resolution No. 4973 is incorporated by reference herein as if fully set out in this
Agreement and fully describes the property ineligible for tax abatement.
SECTION 7. Exemption from Tax. Except as otherwise indicated in Sections 5
and 6 above, the City covenants and agrees to exempt from taxation, in accordance with
Section 4 above, the following properties:
(a) All proposed new improvements to be placed upon a tract of land out of
Section Seventy -Seven (77), Block A, Abstract No. 179, Certificate No.
1210, E.L. & R.R. Co, Survey, Lubbock, Lubbock County, Texas, and
being further described as follows:
BEGINNING at a 1" iron pipe found, 50.00 feet Northwesterly as
measured perpendicular to the centerline of the main tract of Atchison,
Topeka & Santa Fe Railway Company, for the Southwest and beginning
corner of this tract whence the Southwest corner of Section 77, Block A,
Certificate No. 210, E.L. & R.R. Co. Survey, Lubbock County, Texas,
bears South 64°36'04" West, 402.70 feet and South 00°06'54" East, 93.27
feet;
THENCE North 64036'04" East, parallel with said main tract centerline,
2425.98 feet (call 2425.95 feet) to a 112" iron rod and cap found for the
most Easterly corner of this tract,
AGREEMENT--PURINA MILLS, INC. PAGE 4
THENCE North 25018'51" West (call North 25023'56" West), 59.97 feet
(call 60.0 feet) to a 1/2" iron rod and cap found for the P.C. of a curve to
the left;
THENCE Northwesterly, along the arc of said curve, an arc distance of
162.99 feet (call 162.47 feet) to a 1/2" iron rod and cap set for the P.T. of
said curve with a radius of 120.00 feet, a central angle of 77°49' 14", and a
chord that bears North 64°05'28" West, 150.75 feet;
THENCE South 77'01'52" West (call South 77°02'30" West), 1886.94
feet (call 1886.98 feet) to a 1/2" iron rod and cap found for a corner of this
tract;
THENCE South 89°57'37" West (call West), 191.50 feet to a 1/2" iron
rod with cap found for the Northwest corner of this tract;
THENCE South 00°00' 14" East (call South), 737.02 feet (call 737.10
feet) to the Point of Beginning,
which proposed improvements are set forth in a plat of the above tracts of
land, attached hereto as Exhibit "A" and made a part hereof.
(b) All eligible tangible personal property placed in or upon the property set
forth in Exhibit "A".
(c) It is further understood that all items affixed to the new improvements
placed upon the real property identified in Exhibit "A", including machinery
and equipment, shall be considered part of the real property improvements
and taxes thereon shall be abated in accordance with the provisions of
subparagraph (a) above set forth.
SECTION 8. 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 replacing an existing facility, all as set forth in Section IV(9)(c) of the Guidelines and
Criteria for Tax Abatement adopted by the City through Resolution No. 4973.
SECTION 9. Value of Improvements. Company intends to expend approximately
SIX AND ONE-HALF MILLION DOLLARS ($6,500,000) to replace an existing
manufacturing facility and EIGHT AND ONE-HALF MILLION DOLLARS
($8,500,000) for machinery and equipment, to be located within the Enterprise Zone
created by Ordinance No. 9591.
SECTION 10. Job Retention. Company agrees to retain sixty-five (65) full-time
equivalent jobs within the Company plant located on the tract of land hereinabove
described.
AGREEMENT -PURINA MILLS, INC. PAGE 5
SECTION 11. City Access to Property. Company covenants and agrees that City
shall have access to the property which is the subject matter of this Agreement, upon
reasonable notice and during normal business hours, and that municipal employees shall be
able to inspect the property to ensure that the improvements are being made in accordance
with the terms and conditions of Company's application for tax abatement and this
Agreement.
SECTION 12. Portion of Tax Abated. City agrees, during the term of this
Agreement, to abate one hundred percent (100%) of taxes on eligible property, except as
provided in Sections 5 and 6 above.
SECTION 13. 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 14. Type of Improvements. The Company proposes to construct a
new manufacturing facility to replace the existing obsolete facility as described in Exhibit
"A". The Company further states that the proposed improvements to the property above
mentioned shall commence on the 1 st day of March, 1997, and shall be completed within
approximately 540 days from said date. The Company may request an extension of the
above completion date from City in the event circumstances beyond the control of
Company necessitate additional time for completion of such improvements, and such
consent shall not unreasonably be withheld.
SECTION 15. 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 16. 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
Enterprise Zone during the term of this agreement.
SECTION 17, RecVture, 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 Guidelines and Criteria for Tax Abatement adopted by Resolution
No. 4973 of the City Council of the City of Lubbock.
SECTION 18. Certification. The Company agrees to certify annually to the
governing body of each taxing unit that the Company is in compliance with the terms of
the Agreement.
AGREEMENT--PURINA MILLS, INC. PAGE 6
SECTION 19. Compliance. The City may cancel or modify this Agreement if the
Company fails to comply with the Agreement.
SECTION 20. Notices. Notices required to be given by this Agreement shall be
mailed, certified mail, return receipt requested, to the following addresses:
CITY OF LUBBOCK
City Manager
P.O. Box 2000
Lubbock, Texas 79457
Purina Mills, Inc.
Dave Abbott
1401 S. Hanley Rd.
St. Louis, Mo. 63144
SECTION 21. Effective Date. Notwithstanding anything contained herein to the
contrary, this Agreement shall not be effective until such time as it has been finally passed
and approved.
AGREEMENT -PURINA MILLS, INC. PAGE 7
EXECUTED this day of 199_.
PURINA MILLS, INC.
Atv
Dave Abbott
Chief Executive Officer
AT T:
Sec/retary
da/misc97/Purina.doc
March 31, 1997
CITY OF LUBBOCK
A M ipal Gorporati
indy Sittony
MAYOR
A TEST:
Kayt ' e Darnell
City ncil Chief of Staff/City Secretary
APPP.10 VFjD AS TO CO TENT:
-A Wd 6
Debra B. Forte', Ffrst Assistant
City Manager
APPROVED A TO FORM:
A
Don Vandiver -
First Assistant City Attorney
AGREEMENT —PURINA MILLS, INC. PAGE 8
EXHIBIT "A"
Section III -- Facility Description
a) Purina Mills, Inc. will construct a new and larger manufacturing facility on a 14
acre tract adjoining its present facilities located at 201 E. Municipal Drive. The
mill building will measure 90' W X 60' L and 163' H, with an attached 120' x 315'
warehouse.
b) Total assets committed will include approximately $6.5 million in real estate
improvements and $8.5 million of personal property. The project will entail
construction of the buildings as well as installation of all mechanical and process
systems including mixing, pelleting, and packaging equipment, elevator legs,
storage bins and a bulk feed loadout facility.
c) This investment will constitute a total replacement of the existing manufacturing
facility. Due to the age and condition of the existing facility, production here would
not be feasible past the next three years. Purina will have no employees in the
Lubbock area without this plant replacement.
d) A map of the building site is included.
e) The current facility has a personal property tax value of slightly less than $3.0
million. The acquired real property currently has no personal property associated.
f) Work will begin approximately March, 1997, with completion expected around
August, 1998. At that time the existing wood -framed structure, built in 1941, will
be demolished.
g) The existing plant will be replaced with a larger, modem, state-of-the-art facility
better meeting the demands of Purina's growing customer base.
h) Upon completion of all improvements, Purina's new and retained facilities in
Lubbock will have a valuation of approximately $15 million.
i) The current facility has an assessed real property value of approximately $575,000.
The acquired real property has a value of less than $50,000.
j) The Lubbock location currently employs 65 full-time employees. Estimates show
this level of employment maintained in the new facility.
Fb1eL 1/r R
E. Fordham
Avenue
N 89'57 37" E 191.50'
mm 1/2- Roo W/C*
Tract "A"
Purina Mills Addition
AN ADDITION OUT OF SECTION 77.
BLOCK A. CERTIFICATE 1210.
E. L & R. R. R.R. Co. SURVEY.
LUBBOCK COUNTY. TEXAS
Y DEDICATED)
sNe
/ate r. t
ee
S t r,
H6a r N a�15d, E 915.89
East
TRACT "A"
lA ff.dorsal
PURINA MILLS ADDITION
Iyo- t• Ais
oo ��t rO4�' .
1090
AT 1/2- no W/W
.- j10p W
1�
SCALE I + 10
Healy line indK,
AN streets, alley
AN easements d
company wing
any Noes, pipes.
determined by tl
company being ,
povRtg a surfoc_
repbeerrtent. Ea
the passage of,
AN electrical son
with the -fin
Planning and Za
AN existing or pr
by this pibt shot
or pri l utility
at a future dote,
shall be within o
property by se
pa
service. Such sep
property owner:
=Arty roloeotion or
1.::% expo
any portion of th
bUk
not in oite .
Plan
Contains 14.05 a
1learings aft bow_
Railroad as being
IOM ALL MEN 13Y THESE PRr_
THAT 1. JOHN N. 11N.SON. RE
CERTIFY THAT THIS PLAT WAS F
LAND AND THAT THE CORNER Y
C11Y i F LUBBOCK, g
o! 151E ED PRVF9_.N N t LAr
LGB90ClC TEAS
SEPTEMBER 5. 1996
APPROVED THIS DAY (
CRY PLANNING COMMISSION OF 1
APPROVED
for 1
CUMIUR
Section IV, part G -- Variance
b) A variance to the abatement guidelines is being sought based upon the following
factors:
The current facility has outlived its economic viability. Without this investment
the company would cease operations in Lubbock within three years, removing
$3 million from the tax base and a 65 person, $3 million annual payroll from the
economy. The scope of the project greatly exceeds the minimum investment
criteria governing tax abatement. The facility is located within an enterprise
zone and will add significantly to the local tax base.
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1995 TAX STATEMENT
PAYABLE UPON RECEIPT STATEMENT MD. 1 20 1
MAKE CHECKS PAYABLE TO: XREF ID : 00800459
LUBBOCK CENTRAL APPRAISAL DIST PROPERTY :P62686 FFM & E
P.O. BOX 10568 - 1715 26TH ST. INVENTORY/VEHICLES
LUBBOCK, TEXAS 79408-3568
(806) 762-5000 EXT. 500
TO RECEIVE A RECEIPT
CHECK BOX 0
73764 PURINA MILLS INCORPORATE II �IIIi�LII1II�I'I'J3111 , 1
ATTN TAX DEPT Tax DUE
1401 S HANLEY RD
SAINT LOUIS, MO 6314463-67.5,76
PLEASE R:TURN T47S 'V Wrrl r�Y1':NT
1995 TAX STATEMENT
PAYABLE UPON RECEIPT STATEMENT NO. 38 2 9
MAKE CHECKS PAYABLE TO:
LUBBOCK CENTRAL APPRAISAL DIST
P.O. BOX 10568 - 1715 26TH ST.
LUBBOCK, TEXAS 79408-3568
(806) 762-5000 M. 500
162560 PURINA MILLS INC
ATTN TAX DEPARTMENT
1401 S HANLEY RD
SAINT LOUIS, MO 63144
PLEASE RETURN 7� S PC977CN WITH FJVVENT
XREF ID : OD079426
PROPERTY :R60133 BYRD L 1
TO RECEIVE A RECEIPT
CHECK BOX
111 al11 C111III] I'l01,111-111111
TAX DUE
-]
1995 TAX STATEMENT
PAYABLE UPON RECEIPT STATEMENT NO. 1 7 77
MAKE CHECKS PAYABLE TO: XREF ID : 00640159
LUBBOCK CENTRAL APPRAISAL DIST PROPERTY :R61902 BLK A SEC 1
P.O. BOX 10568 - 1715 26TH ST. AS61 TR C2 ACS: 2.9
LUBBOCK, TEXAS 79408-3568
(806) 762-5000 EXT. 500
TO RECEIVE A RECEIPT
CHECK BOX 0
73764 PURINA MILLS INCORPORATE IILI A::U IIa ICII],la,Cf' iC
ATTN TAX DEPT TAX DUE
1401 S HANLEY RD
SAINT LOUIS, MO 63144
1996 NOTICE OF APPRAISED VALUE
LUBBOCK CENTRAL APPR DISTRICT
P.O. BOX 10542
1715 26TH STREET
LUBBOCK, TX 79408-3542
ACCT.# R60133, 00079426
= PRESORTED
FIRST CLASS NAIL
N--, US POSTAGE PAID
MAR FROM 7M
a ;� PERMIT NO. 10
i
• FZ t
.± Nu�
LEGAL DESCRIPTION:
BYRD L 1
SITUS: 201 MUNICIPAL DR:LUBBOCK
EXEMPTIONS:
LAND
29,098
29,098
IMPROVEMENTS
544,943
544, 940
AG MARKET
AG USE
MARKET VALUE
574, 041
574, 038
'N you het your value for V* amern year is neorred, please Contact the
Appraisal Distrid ot(iC0
PURINA MILLS.INCORPORA'
ATTN -TAX DEPT
1401 S HANLEY RD
SAINT LOUIS, MO 63144—
m nmatery a we aom aacress. a we are unaoa to resolve ate ammon, you rnr
hearing with ft Appraisal Review Board by obtac>my a protest form, from ft Appraif
rotest
TH �rARBp BEGINS HEMIWd9--84A')6+
AT 1715 26TH ST LUBBOCK, TEXAS ltl�ttttlltt�+11+1+1+11"III filial IIttill
1996 NOTICE OF APPRAISED VALUE
LUBBOCK CENTRAL APPR DISTRICT
P.O. BOX 10542
1735 26TH STREET
LUBBOCK, TX 79408-3542
ACcT.# R61902, 00640159
LEGAL DESCRIPTION:
BLK A SEC i AB61 TR C2 ACS: 2.9
-ar p
PRESORTED
FIRST CLASS MAIL
v�
US POSTAGE PAID
tl�
Eif
MAIL FROM . 10
PERMIT NO. 10
LAND 25, 265 25, 265 PUR INA MILLS INCORPORA
IMPROVEMENTS ATTN TAX DEPT
AG MARKET 1401 S HANLEY RD
AG USE SAINT LOUIS, MO 63144—
MARKET VALUE 25, 265 25, 265
9f you feet your value for me thM Arnrnlaaf District office
ftWiatety at the above ad,
hearing wah the Appraisal Re
an
"n ARB BEG It lilt It11it111111ttltlt111111lltittlttltltttTH
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