HomeMy WebLinkAboutResolution - 2332 - Agreement - Mclane Foodservice - Tax Abatement Within Reinvestment Zone - 05/30/1986JCR:cl
RESOLUTION
WAIVER OF 60 DAY NOTICE OF PUBLIC HEARING AS AUTHORIZED BY ARTICLE
1066e, SECTION 4(a), V.A.C.S.
WHEREAS, the City of Lubbock has given notice to the Commissioner's
Court of Lubbock County, Texas of its intent to hold a public hearing to
establish a reinvestment zone within an area within the City of Lubbock as
more fully described in said notice which is attached hereto as Exhibit "A"
and made a part of this document, and
WHEREAS, Article 1066e, Section 4(a) requires that the notice attached
hereto as Exhibit "A" shall be given to the taxing units levying taxes on
the property described in said notice no later than the 60th day before the
date of the public hearing to be held by the City Council on this matter,
and
WHEREAS, Article 1066e, Section 4(a) further provides that the notice
required to be given by the City of Lubbock to each taxing unit levying
taxes against the property described in said notice may be waived by
securing the consent of the governing body of the County of Lubbock and
each school district that levies real property taxes in the proposed
reinvestment zone, and
WHEREAS, the Commissioner's Court of Lubbock County is desirous of
cooperating with the City of Lubbock to the extent authorized by law in
creating the reinvestment zone described in Exhibit "A", and
WHEREAS, the Commissioner's Court of Lubbock County, Texas feels that
it is in the best interests of all citizens of Lubbock County to waive the
requirement of 60 days notice required to be given in accordance with Art.
1066e, Section 4(a), V.A.C.S. NOW THEREFORE:
BE IT RESOLVED BY THE COMMISSIONER'S COURT OF LUBBOCK COUNTY, TEXAS:
THAT as governing body of the County of Lubbock it hereby waives any
requirement of 60 days notice of intent by the City of Lubbock to create a
reinvestment zone within the City as more fully described in Exhibit "A"
attached hereto, and
BE IT FURTHER RESOLVED that the County Judge of Lubbock County, Texas
is hereby authorized to execute this waiver of notice on behalf of the
Commissioner's Court and deliver same to the City of Lubbock.
BE IT FURTHER RESOLVED that the Commissioner's Court of Lubbock
County does hereby consent to one single formal presentation to be made by
the governing body of the City of Lubbock to the County of Lubbock and all
School Districts levying real property taxes on the property described in
Exhibit "A" all in accord with Section 4(b) Art. 1066e, V.A.C.S.
Adopted this 7day of � , 1986.
COUNTY JUDGE
ATTEST:
�,(/k/ic21, LL1 /�fY 1Pf�
County Clerk
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RESOLUTION
WAIVER OF 60 DAY NOTICE OF INTENT TO ESTABLISH A REINVESTMENT ZONE AS
AUTHORIZED BY ARTICLE 1066(e), SECTION 4(a), V.A.C.S.
WHEREAS, the City of Lubbock has given notice to the Board of Trustees
of the Lubbock Independent School District of its intent to hold a public
hearing to establish a reinvestment zone within an area within the City of
Lubbock as more fully described in said notice which is attached hereto as
Exhibit "A" and made a part of this document, and
WHEREAS, Article 1066e, Section 4(a) requires that the notice attached
hereto as Exhibit "A" shall be given to the taxing units levying taxes on
the property described in said notice no later than the 60th day before the
date of the public hearing to be held by the City Council on this matter.
WHEREAS, Article 1066e, Section 4(a) further provides that the notice
required to be given by the City of Lubbock to each taxing unit levying
taxes against the property described in said notice may be waived by
securing the consent of the governing body of the County of Lubbock and
each school district that levies real property taxes in the proposed
reinvestment zone, and
WHEREAS, the Board of Trustees of the Lubbock Independent School
District is desirous of cooperating with the City of Lubbock to the extent
authorized by law in creating the reinvestment zone described in Exhibit
"A", and
WHEREAS, the Board of Trustees of the Lubbock Independent School
District finds that it is in the best interest of the District to waive the
requirement of 60 days notice as required to be given by Article 1066e,
Section 4(a), V.A.C.S., NOW THEREFORE:
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE LUBBOCK`INDEPENDENT
SCHOOL DISTRICT:
THAT as governing body of the Lubbock Independent School District it
hereby waives any requirement of a 60 day notice of intent by the City of
Lubbock to create a reinvestment zone within the City as more fully
described in Exhibit "A" attached hereto, and
BE IT FURTHER RESOLVED that the President of the Board is hereby
authorized to execute this waiver of notice on behalf of the Board of
Trustees of the Lubbock Independent School District and deliver same to the
City of Lubbock.
BE IT FURTHER RESOLVED that the Board of Trustees of the Lubbock
Independent School District does hereby consent to one single formal
presentation to be made by the governing body of the City of Lubbock to the
County of Lubbock and all School Districts levying real property taxes on
the property described in Exhibit "A", all in accord with Section 4(b) Art.
1066e, V.A.C.S.
Adopted this Ct day of 9 °� 1986.
�2�'re -'den
ATTEST:
Secretary
►:n1vt�12�r�:����r��r:��F
Attorney
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RESOLUTION
WAIVER OF 60 DAY NOTICE OF PUBLIC HEARING AS AUTHORIZED BY ARTICLE
1066e, SECTION 4(a), V.A.C.S.
WHEREAS, the City of Lubbock has given notice to the Board of Direc-
tors of High Plains Underground Water District of its intent to hold a
public hearing to establish a reinvestment zone within an area within the
City of Lubbock as more fully described in said notice which is attached
hereto as Exhibit "A" and made a part of this document, and
WHEREAS, Article 1066e, Section 4(a) requires that the notice attached
hereto as Exhibit "A" shall be given to the taxing units levying taxes on
the property described in said notice no later than the 60th day before the
date of the public hearing to be held by the City Council on this matter,
and
WHEREAS, Article 1066e, Section 4(a) further provides that the notice
required to be given by the City of Lubbock to each taxing unit levying
taxes against the property described in said notice may be waived by
securing the consent of the governing body of the County of Lubbock and
each school district that levies real property taxes in the proposed
reinvestment zone, and
WHEREAS, the Board of Directors of High Plains Underground Water
District is desirous of cooperating with the City of Lubbock to the extent
authorized by law in creating the reinvestment zone described in Exhibit
"A", and
WHEREAS, the Board of Directors of High Plains Underground Water
District feels that it is in the best interests of all citizens of Lubbock
County to waive the requirement of 60 days notice required to be given in
accordance with Art. 1066e, Section 4(a), V.A.C.S., NOW THEREFORE:
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF HIGH PLAINS UNDERGROUND
WATER DISTRICT:
THAT as governing body of the Board of Directors of High Plains
Underground Water District it hereby waives any requirement of 60 days
notice of intent by the City of Lubbock to create a reinvestment zone
within the City as more fully described in Exhibit "A" attached hereto, and
BE IT FURTHER RESOLVED that the Presiding Officer of the Board is
hereby authorized to execute this waiver of notice on behalf of the Board
of Directors of High Plains Underground Water District and deliver same to
the City of Lubbock.
BE IT FURTHER RESOLVED that the Board of Directors of High Plains
Underground Water District does hereby consent to one single formal pre-
sentation to be made by the governing body of the City of Lubbock to the
County of Lubbock and all School Districts levying real property taxes on
the property described in Exhibit "A" all in accord with Section 4(b) Art.
1066e, V.A.C.S.
Adopted thisc.- " d'/ay of , 1986.
P7SIDING OFFICER
ATTEST:
Secretary -
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NOTICE OF INTENTION TO ESTABLISH
REINVESTMENT ZONE AS AUTHORIZED
BY ART. 1066e & 1066f, V.A.C.S.
Notice is hereby given by the governing body of the City of
Lubbock of its intent to establish a reinvestment zone within the
City of Lubbock. The proposed boundaries of said zone are as
follows:
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.00003140" 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. 00003140" 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 840361, 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;
EXHIBIT A
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.
Notice is further given that the tentative plans for development
and the estimate of the general impact of the proposed zone on
property values and tax revenue are as follows:
(a) Tentative plans for development:
The development plan for the reinvestment zone refer-
enced by the above title is to be implemented by the
construction of a major industrial facility. This
facility will require the 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 approx-
imately $110,000 that will be abated until the company
has recovered an amount of $770,000.
Taxes from personal property on this development will
generate approximately $90,000 per year which will
immediately benefit the taxing jurisdictions involved.
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One hundred fifty jobs are to be created by this
development with an estimated annual payroll of
$2,500,000.
b. Impact on property values & tax revenues:
The Governing Body of the City of Lubbock's estimate of
the impact of the proposed reinvestment zone, as
described in this notice, on property values and tax
revenues is as follows:
1. Impact on Property Values -- The property value
within the zone will be increased approximately
$6,000,000. The property value in the immediate
area of the zone may be enhanced due to the
proposed development. Property values in the
remainder of the City will not be effected.
2. Impact on Tax Revenues -- Tax revenues on im-
provement on real property within the zone will be
abated in the amount of $770,000 based on a pro-
posed Contract as authorized by Art. 1066f,
V.A.C.S. Tax revenues on property outside of the
zone will not be effected.
Notice is further given that the City Council will conduct a
public hearing on the establishment of a reinvestment zone on the
property described in this notice on the day of
1986 at o'clock /�-.M.
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Notice is further given that the City Council is acting under the
authority of Arts. 1066e & 1066f, V.A.C.S. for the purposes of
creating a reinvestment zone and abating real property taxes
within said zone.
Executed this ;ggel day of42422, 1986.
City M06,qyer
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STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK COPY
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
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 City 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 City of Lubbock, Texas, a
municipal corporation, acting by and through B.C. McMinn, its
Mayor, hereunto duly authorized, and hereinafter called "City",
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 City 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 (1000) 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. CityAccess 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
City 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
City 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.
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7. Binding Effect. This Agreement shall inure to the
benefit of and be binding upon the City and Foodservice, their
affiliates, subsidiaries, successors and assigns.
8. Foodservice agrees that this Agreement may not be
assigned without the prior consent of City.
9. Notices. Notices required by this Agreement shall be
mailed to the following addresses:
City of Lubbock McLane/Foodservice Lubbock
City Manager 2915 Center Street
P.O. Box 2000 P.O. Box 80
Lubbock, Texas 79457 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 _20th_ day of Mav , 19 86
MCLANE/FOODSERVICE LUBBOCK, INC. CITY OF LUBBOCK, TEXAS
A Texas Corporation: A Municipal Corporation:
1 ^,�
c V C
PRESI ENT B.C. MCMINN, MAYOR
ATTEST: ATTEST:
6z'�
Secretary '�Rane to Boyd, City Secretar
APPROVED AS TO CONTENT:
Robert Massengale, Assistant
City Manager
APPROVED AS TO FORM:
J n C . Ross', Jr . ,
ity Attorney
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7
a
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
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.
q _ _
RANETTE
BOY
City Secretary
First Reading
jj May 30, 1986
E Agenda Item #6
Second Reading
r. June 2, 1986
Agenda Item 03
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�I
ORDINANCE NO. 8928
AN ORDINANCE DESIGNATING A REINVESTMENT ZONE WITHIN THE CITY OF
i 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
229 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
i�
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.00003140" 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. 00003140" 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 840361, 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. 89030138" 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:
maneLke tsoyo, LILY 5ecrecary
APPROVED AS TO FORM:
iyb-17
c .
B.C. cM NN, MAYOR
_ hn C. Ross, Jr., City�'Attorney
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a
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
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 $7702000.
.:.
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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 autho-
rized and directed to execute for and on behalf of the County of Lubbock an
Agreement by and between McLane/Foodservice 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 day
of C:J?j /% ,, 1986.
ATTEST :
County Clerk
RODRICK L. SHAW, JUDGE�
CITY OF LUBBOCK
low
\7
Office of
``' The City Attorney
!; �, P.O. Box 2000
Lubbock, Tx. 79457
(806) 762-6411 July 21, 1986
The Honorable Rodrick L. Shaw
County Judge
P.O. Box 10536
Lubbock, Texas 79408
Re: City Reinvestment Zone
Dear Judge Shaw:
As per your letter directed to Mr. Robert Massengale
dated June 25, 1986, I am returning to you for your files the
original executed agreement between the County of Lubbock and
McLane/Foodservice Lubbock concerning tax abatement within the
reinvestment zone set forth in said agreement.
Please let me know if I can be of any further assistance
to you or to Lubbock County.
Sincerely,
Vohn C. Ross, Jr.
City Attorney
JCR: da
xc: Robert Massengale
JOHN C. ROSS, JR.
City Attorney
DONALD G. VA\DIVER
First .assistant
JAMES P. BREWSTER
Civil Trial Attorney
DENNIS W. MCGILL
Assistant Civil
Trial Attorney
JAMES F. MOORE II
J. WORTH FULLI\GIJI
KEN JOHNSON
HAROLD WILLARD
LAURA J. SIO\ROE
MICHELE HART
B.J. "Beni" IIEMVsIELI\E
s
D G V : c 1
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 scheduler
(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 (1000) 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.
8. 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 `2-3Kb day of �`%/�%� , 190 (P.
MCLANE/FOODSERVICE LUBBOCK, INC.
A Texas Corpor tion:
PRESI ENT
ATTEST:
Secretary
- 3 -
COUNTY OF LUBBOCK
RODRICK L. SHAW , JUDGE
ATTEST:
County Clerk
RESOLUTION
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.
gA-R'4O. BOREN
VRZAIDENT, BOARD OF
TRtSTEES
ATTEST:
/-Setary
CITY OF LUBBOCK
909 Office of
The City Attorney
P.O. Box 2000
Lubbock, Tx. 79457
(806) 762-6411 July 21, 1986
Mr. E. C. Leslie, Superintendent
Lubbock Independent School District
1628 19th Street
Lubbock, Texas 79401
Dear Mr. Leslie:
Enclosed please find an executed copy of the Agreement
between the Lubbock Independent School District and
McLane/Foodservice Lubbock concerning tax abatement as set
forth in said agreement.
I thought you would appreciate having an executed copy of
this document for your files.
Sincerely,
John C. Ross, Jr.
City Attorney
JCR: da
xc: Robert Massengale
JOHN C. ROSS, JR.
City Attorney
DONALD G. VANDIVER
First Assistant
JAMES P. BREWSTER
Civil Trial Attorney
DENNIS W. McGILL
Assistant Civil
Trial Attorney
JAMES F. MOORE II
J. WORTH FULLINGIM
KEN JOHNSON
HAROLD WILLARD
LAURA J. MO\ROE
MICHELE HART
B.J. `Beni" HEMMELI\E
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/Foodservice 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
f
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
j.ti JtvV"Clil i a �l `"Ci11C11 11J1 Iia i.ix ... - •, _'_ ^9 " - ,`.:, ,:,• r ,a: .S
.L."ti. s'►'ysCvYl�'�ilL, rxisu is .`I:�.asi.�v1�.. rsairx�i
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.
2
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. 0. 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.
EXECUTED this /0 )114 J
day of U ! 1986.
McLANE/FOODSERVICE LUBBOCK, INC.,
a Texas corporation
By: W :L I
PRESIDENT
ATTEST:
SECRETARY
ATTEST:
--LUBBOCK INDEPENDENT SCHOOL DISTRICT
By:
A O. OREN, PRESIDENT
B ARD OF TRUSTEES
3
M CITY OF LUBBOCK
1909 Office of
The City Attorney
P.O. Box 2000
Lubbock, Tx. 79457
(806) 762-6411 July 21, 1986
Mr. Charles E. Galey
Attorney at Law
P.O. Box 1019
Lubbock, Texas 79408
Re: Property Redevelopment Tax Abatement Act
McLane/Foodservice Lubbock v
Lubbock County Hospital District
Dear Charles:
As per your letter of June 25, 1986, I am enclosing for
your files an executed copy of the Agreement above referenced.
Please let me know if I can be of any further assistance
to you in this particular matter.
Very truly yours,
John C. Ross, Jr.
City Attorney
JCR: da
xc: Robert Massengale
JOIN C. ROSS. JR.
City Attorne}'
DONALD G. VA\DICER
First Assistant
JAMES P. BREWSTER
Civil Trial Attorney
DENNIS W. McGILL
Assistant Civil
'trial Attorney
JAMES P. MOORE II
J. WORTH FULLI\GIU
KEN JOHNSON
HAROLD WILLARD
LAIRA J. SIO\ROE _
IIICIIELIi HART
B.J. "Beni" I[E?IME.LI\I;
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 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 dis-
cribed in Ordinance No. 8928, heretofore incorporated into this
Agreement as Exhibit "A"; and
WHEREAS, the Lubbock County Hospital 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 Lubbock County Hospital
District, acting by and through its Chief Executive Officer,
hereunto duly authorized by the Board of Managers, and
hereinafter called "Hospital", 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 Hospital to the extent allowed
by law, 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 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 8, 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
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. Foodservices agrees that should it fail to
make the improvements called for under this Agreement, then the
Hospital shall have the right, after giving notice and oppor-
tunity to cure as hereinafter set out, to recapture all property
tax revenue on the property lost as a result of this Agreement.
The Hospital 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 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.
v
7. Binding Effect. This Agreement shall inure to the
benefit of and be binding upon the Hospital and Foodservice,
their affiliates, subsidiaries, successors and assigns.
8. Foodservice agrees that this Agreement may not be
assigned without the prior consent of Hospital.
9. Notices. Notices required by this Agreement shall be
mailed to the following addresses:
Lubbock County McLane/Foodservice Lubbock
Hospital District 2915 Center Street
Jim Courtney, CEO P. 0. Box 80
P. 0. Box 5980 Temple, Texas 76503
Lubbock, Texas 79417
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; Lubbock County enters
into a contract of like nature; and -the Lubbock County
Commissioners Court approves this contract.
EXECUTED this (j �= day of J �1 19�.
McLANE/FOODSERVICE LUBBOCK, INC. LUBBOCK COUNTY HOSPITAL
Texas Cor or i n: DISTRICT
PRES I ENT (::J M COJ RTN�E._Y
ief `S- cutive f "
APPROVED:
Lubbock County Commissioners Court, by
NAME TITLE
JCR: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.
ATTEST :
/ ...!04Ir....,.'.!
AMES P. MITCHELL, PRESIDENT
b
7.,,QITY OF LUBBOCK
/ \„o,Office of
N>4
y The City Attorney
i
{
sem, P.O. Box 2000
>
� Lubbock, Tx. 79457
(806) 762-6411 July 22, 1986
Mr. James P. Mitchell
High Plains Water District
2930 Avenue Q
Lubbock, Texas 79405
Dear Mr. Mitchell:
Enclosed please find an executed copy of the Agreement
between High Plains Water District and McLane/Foodservice
Lubbock concerning tax abatement as set forth in said
agreement.
I thought you would appreciate having an executed copy of
this document for your files.
Sincerely,
John C. Ross, Jr.
City Attorney
JCR: da
xc: Robert Massengale
JOHN C. ROSS, JR.
City Attorney
DONALD G. VANDIVER
First Assistant
JAMES P. BREWSTER
Civil Trial Attorncv
DENNIS W. McGILL
Assistant Civil
Trial Attorney
JA'IES F. JIOORE II
J. WORTH FCLLINGIM
KEN JOHINSON
HAROLD WILLARD
LA CRA J. MONROE
MICHELE HART
B.J. "Beni" HENINIL'LINE
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. 8926, 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
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.
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 JU L . , 19
MCLANE/FOODSERVICE LUBBOCK, INC. HIGH PLAINS WATER DISTRICT
A Texas Corporation:
Y l/l-C L
PRESID NT ES P.MITCHELL, PRESIDENT
ATTEST: ATTEST:
Se - etary
- 3 -
Secretary
RESOLUTION #233
May 30, 1986
Item #7
JCR: ct
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayox of the City o� Lubbock. BE and iz hexeby authotized and
d.inected to execute Ao4 and on behatA oA the City o� Lubbockp a contxact
between the City o� Lubbock and McLane/Foodservice Lubbock , {oh the
abatement o� teat pupenty taxes w"4--tWcn-a-duE-y-a-utho)tized and constituted
Reinve,stment Zone within the City of Lubbock, attached hexewith which zha t
be zpnead upon the minutes ob the Council and as sptead upon .the minutes oA
the Council zhatt conztitute and be a paAt of thus Rezotution tj Au tY
copied herein in detail.
Pazzed by the City Council tha 30th day ob May 1986.
ATTEST:
Raney Ba
APPROVED AS TO FORM:
o 'n C. Roes, Jx., City Attoxney
4B.. cM ANNL�A R
C
No Text