HomeMy WebLinkAboutResolution - 2009-R0166 - Give Notice Of Intent To Amend Tax Abatement Agreement - Sysco West Texas - 04/27/2009Resolution No. 2409-RO166
April 27, 2009
Item No. 5.24
RESOLUTION
WHEREAS, the City Council has determined to give notice of its intent to amend a Tax
Abatement Agreement with Sysco West Texas, formerly known as Watson/Sysco Food
Service, Inc.; and
WHEREAS, V.T.C.A. Tax Code Section 312.2041 requires notice of intent of the City
Council to be given to the presiding officer of the governing body of each taxing unit in which
the property to be subject to the amendment to the Tax Abatement Agreement is located; NOW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Secretary give notice as set forth in Exhibit "A" of the intention of the
City Council to amend a Tax Abatement Agreement with Sysco West Texas, formerly known
as Watson/Sysco Food Service, Inc., said notice to be given to the presiding officers of each
governing body of each taxing unit having jurisdiction in assessing taxes on 711 and 714 2nd
Place in the City of Lubbock, Lubbock County, Texas, which is further described in Exhibit
"A-1" attached hereto and incorporated herein as if fully set forth.
Passed by the City Council this 27th day of April 2009.
TOM MARTIN, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS 1-0 CONTENT:
7
Rob A son, Xgsgtant City Manager
Development Services
APPROVED AS TO FORM:
Linda L. Chamales,
Economic Development Attorney
Resolution No. 2009-RO166
EXHIBIT "A"
NOTICE OF INTENT OF THE CITY COUNCIL
OF THE CITY OF LUBBOCK TO AMEND AN
AGREEMENT TO ABATE TAXES ON REAL PROPERTY
IMPROVEMENTS AND TANGIBLE PROPERTY LOCATED AT 711 AND 714
2"d PLACE, LUBBOCK, LUBBOCK COUNTY, TEXAS, WHICH IS FURTHER
DESCRIBED IN THE ATTACHED EXHIBIT "A-1"
Notice is hereby given that the City Council of the City of Lubbock intends to
amend an Agreement with Sysco West Texas, formerly known as Watson/Sysco Food
Service, Inc. to abate taxes on improvements to real property and tangible personal
property.
Notice is further given that the City Council of the City of Lubbock will
consider authorizing the Mayor of the City to execute an amendment to the contract
between the City and Sysco West Texas, formerly known as Watson/Sysco Food
Service, Inc. for tax abatement, a draft copy of said Amendment is attached to this
notice as Exhibit "A-2" and made a part hereof for all purposes.
Notice is further given that the City Council will consider this matter at its
meeting held in the City Council Chamber, City Hall, 1625 13th Street, City of
Lubbock, on the 14th day of May, at approximately 9:00 o'clock a.m.
Exhibit "A-1" Resolution No. 2009-80166
Legal Description: Tract A Watson Sysco Addition to the City of Lubbock, Lubbock
County, Texas.
,74 33 'I2 go,
Resolution No_ 2009—RO166
Exhibit "A-2"
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AMENDMENT TO TAX ABATEMENT 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 Sysco West Texas,
formerly known as Watson Sysco Food Service, Inc. (hereinafter called "Company).
WITNESSETH:
WHEREAS, City and Sysco West Texas, formerly known as Watson Sysco Food
Service, Inc. executed a Tax Abatement Agreement on the 14th day of March, 2002,
granting a ten year declining scale tax abatement; and
WHEREAS, City and Sysco West Texas desire to amend the terms of the
Agreement by eliminating the job requirements due to technological innovations and by
adding the requirement to utilize LP&L for electrical services;
NOW THEREFORE, City and Company agree to the following amendments:
A. Section 9 entitled "Creation of New Jobs" is hereby deleted.
B. A new Section 9 shall be added entitled "Electricity Provider which shall
read as follows:
"SECTION 9. Electricity Provider. Company agrees to utilize
Lubbock Power & Light (LP&L) for electrical services for the
Amendment to Watson Sysco Food Service Tax Abatement Agreement
term of the tax abatement. If company chooses to utilize a
different power company, this contract shall be terminated."
Executed this day of , 2009.
CITY OF LUBBOCK SYSCO WEST TEXAS
TOM MARTIN, MAYOR MIKE A. DAVIS
President/CEO
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Rob Allison, Assistant City Manager
Business Services
APPROVED AS TO FORM:
Linda Chamales,
Economic Development Attorney
ATTEST:
M.
LC: c ityatt/Linda/A mend ment to Watson Sysco Tax Abatement Agreement
March 31, 2009
Amendment to Watson Sysco Food Service Tax Abatement Agreement
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