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HomeMy WebLinkAboutResolution - 2005-R0125 - Amendment To The Tax Abatement Agreement - Purina Mills, LLC - 03_24_2005Resolution No. 2005-RO125 March 24, 2005 Item 27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Secretary shall give notice to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 201 E. Municipal Drive in the City of Lubbock, Lubbock County, Texas of the intent of the City of Lubbock to enter an amendment to the Tax Abatement Agreement with Purina Mills, L.L.C.; and 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 amendment to the Tax Abatement Agreement with Purina Mills, L.L.C., formerly known as Purina Mills, Inc., and all related documents, seven days after the Notice attached as "Exhibit A" has been delivered by the City Secretary. Said Amendment and Notice are attached hereto and incorporated in this Resolution as if fully set forth herein and the Amendment shall be included in the Notice and in the Minutes of the Council. Passed by the City Council this 24th day of ,March , 2005. MAR(nIcIAOUGAL, MAYOR ATTEST: Reb cca Garza, City Secretary APPR VE TO CONTENT: Rob Ayisoire f Busin&s Development APPROVED AS TO FORM: Linda L. ChamaIes, Senior Attorney Office Practice Section LC: cityatt / Linda / Res -Purina Mills Amend February 10, 2005 Resolution No. 2005-RO125 EXHIBIT "A" NOTICE OF INTENT OF THE CITY COUNCIL OF THE CITY OF LUBBOCK TO EXECUTE AN AMENDMENT TO AN AGREEMENT TO ABATE TAXES ON REAL PROPERTY IMPROVEMENTS LOCATED AT 201 E. MUNICIPAL DRIVE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS Notice is hereby given that the City Council of the City of Lubbock intends to execute an amendment to an Agreement with Purina Mills, L.L.C., dated on the IOth day of April 1997, to abate taxes on improvements to property located within an enterprise zone created by Ordinance No. 9591 and covering all of the subject property. Notice is further given that the City Council of the City of Lubbock has authorized the Mayor of the City to execute the amendment to the contract between the City and Purina Mills, L.L.C. for tax abatement, a copy of said amendment is attached to this notice as Exhibit "A-1" and made a part hereof for all purposes. Notice is further given that the City Council will execute this amendment seven days after the notice has been delivered by the City Secretary to the presiding officers of each governing body of each taxing unit having jurisdiction in assessing taxes on property located at 201 E. Municipal Drive. Notice of Intent -Purina Mills Resolution No. 2005-RO125 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § AMENDMENT TO AGREEMENT This Agreement is entered into by the CITY OF LUBBOCK (referred to herein as "City"), a Home Rule Municipality of Lubbock County, Texas, and PURINA MILLS, L.L.C., formerly known as PURINA MILLS, INC. (referred to herein as "Company"). WITNESSETH: WHEREAS, City and Company executed a Tax Abatement Agreement on the 10`h day of April, 1997, in which Company agreed to expend funds in accordance with the Guidelines and Criteria Governing Tax Abatement for all taxing units contained within Lubbock County to replace an existing manufacturing facility in exchange for the City's agreement to abate real property taxes on the real property which is the subject of the Agreement to the extent the value for any given year with the term of the Agreement exceeded the base year taxes; and WHEREAS, City and Company desire to amend said Agreement at this time; NOW THEREFORE, City and Company agree as follows: SECTION 10 entitled "Job Retention," is hereby deleted in its entirety and replaced by a new SECTION 10 entitled " Electricity Provider" which shall read as follows: "SECTION 10. Electricity Provider. Company agrees to utilize Lubbock Power & Light (LP&L) for electrical services beginning September 1, 2005, and for the remainder of the term of the tax abatement. If company chooses to utilize a different Power Company, this contract would be terminated. Executed this � day of IreirftApril, 2005. CITY OF LUB CK PURINA MILLS, L.L.C. BY: BY: C Mc UGAL, MAYOR Title: V. ATTEST: Date: p Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Rob Al son, Dire Business Development APPROVED AS TO FORM: Linda Chamales, Senior Attorney Office Practice Lc:CityattUnda/Purina Tax Abate Amendment January 20, 2005 Amendment to Purina Mills, Inc. Page 2