HomeMy WebLinkAboutRES 88-067 r
R E S 0 L U T 1 0 N
WHEREAS, the City Council of the City of Beaumont has
created within its jurisdiction Reinvestment Zone #4 ; and,
WHEREAS , Helena Laboratory has requested manufacturing
tax abatement for property it owns within Reinvestment Zone #4 ;
and,
WHEREAS, the City Manager recommends the approval of
the tax abatement for property owned by Helena Lab located within
Reinvestment Zone #4;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to enter
into a Tax Abatement Agreement with Helena Laboratory
substantially in the form attached hereto as Exhibit "A" for the
property located at 3795 Washington Blvd. in Beaumont, Jefferson
County, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1988.
Mayor
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THE STATE OF TEXAS
COUNTY OF JEFFERSON
AGREEMENT
This Agreement is entered into by and between the City
of Beaumont, Texas, a home-rule city and municipal corporation of
Jefferson County, Texas, acting herein by and through its City
Manager, hereinafter referred to as "City"; and Helena
Laboratories acting by and through its President, hereinafter
referred to as "Owner".
W I T N E S S E T H
On the day of , 19 , the
City Council of the City of Beaumont, Texas, passed Ordinance No.
, establishing Reinvestment Zone No. Four, City of
Beaumont, Texas, for commercial industrial tax abatement,
hereinafter referred to as "Ordinance" , as authorized by Vernon' s
Texas Civil Statutes Tax Code, Section 312.001 , et seq, as
amended, hereinafter referred to as "Statute".
WHEREAS, in order to maintain and/or enhance the
commercial/industrial economic and employment base of the
Beaumont area to the long term interest and benefit of the City,
in accordance with said Ordinance and Statute, the parties hereto
do mutually agree as follows:
1 . The property to be the subject of this Agreement
shall be that property described by metes and bounds and map
attached hereto as Exhibit "A" and made a part hereof and shall
be hereinafter referred to as "Premises".
2. The owner shall immediately commence renovation of
a certain 36 ,000 square foot building located at 3795 Washington
Blvd. in Beaumont, Texas (the "premises" ) from the date of this
agreement and complete same not later than INKY 199888. The
plans and specifications showing the kind, number and location of
all proposed improvements are attached hereto as Exhibit "B" and
made a part hereof for all purposes. The total cost of
construction is estimated to be not less than Five Hundred
Thousand Dollars ($500,000.00 ) and will provide for at least
fifty (50 ) newly created permanent jobs.
3. The Owner agrees and covenants that it will
diligently and faithfully, in a good and workmanlike manner,
pursue the completion of said improvements of the Premises as a
good and valuable consideration of this Agreement. Owner further
covenants and agrees that all construction will be in accordance
with all applicable City codes, ordinances and policies. In
further consideration, Owner shall thereafter, during the term of
this agreement, continuously operate and maintain the Premises
as a medical equipment manufacturing facility.
4. In the event that, 1 ) the improvements or facility
for which an abatement has been granted are not completed in
accordance with the plans and specifications; or 2 ) the
facility' s operation does not create at least fifty (50) newly
created permanent jobs; or 3 ) Owner allows its ad valorem taxes
owed the City to become delinquent and fails to timely and
properly follow the legal procedures for protest and/or contest
of any such ad valorem taxes; or 4 ) Owner breaches any of the
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terms and conditions of this Agreement, then this Agreement shall
be subject to termination and all delinquent taxes and taxes
which otherwise would have been paid to the City without the
benefit of abatement will become a debt to the City and shall be
due, owing and paid to the City within sixty (60 ) days of any
such event. In the event that the Owner defaults in the terms
and conditions of this Agreement, then the City shall give the
owner written notice of such default and if the Owner has not
cured such default within thirty (30) days of said written
notice, this Agreement may be terminated by the City. Notice
shall be in writing and shall be delivered by personal delivery
or certified mail addressed as follows:
Tipton Golias
Helena Laboratories
P. O. Box 752,
Beaumont, Texas 77704.
5. The Owner agrees to limit the uses of the premises
consistent with the general purpose of encouraging development or
redevelopment of Reinvestment Zone No. Four during the term of
this agreement.
6. The terms and conditions of this Agreement are
binding upon the successors and assigns of all parties hereto.
This Agreement cannot be assigned by Owner unless written
permission is first granted by the City, which permission shall
be in the sole discretion of the City.
7. It is understood and agreed between the parties
that the Owner, in performing its obligations hereunder, is
acting independently, and the City assumes no responsibilities or
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liabilities in connection therewith to third- parties. The Owner
further agrees to hold the City harmless from any and all kinds
of claims, losses, damages, injuries, suits or judgments
involving the City and relating to such improvements.
8. The Owner further agrees that the City, their
agents and employees, shall have reasonable right of access to
the Premises to inspect the improvements in order to insure that
the improvements are made according to specifications and
conditions of this Agreement. After completion of the
improvements, the City shall have the continuing right to inspect
the Premises to insure that the Premises are thereafter
maintained and operated in accordance with this Agreement.
9. Subject to complete compliance with the terms and
conditions of this Agreement, and subject to the rights of
holders of any outstanding bonds of the City, all increases in ad
valorem real property taxes resulting from the redevelopment and
improvement of the Premises, otherwise owed to the City, are
hereby abated fifty percent (50%) for a period of five (5) years
beginning January 1 , 1989. Should the number of permanent jobs
created exceed one hundred (100) , the increase in taxes will be
abated one hundred percent (100%) commencing the next tax year
for the remainder of the five (5) year period.
10 . This Agreement was authorized by resolution of the
City Council at its council meeting on the day of
, 1988, authorizing the City Manager to execute the
Agreement on behalf of the City.
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A ,
11 . This Agreement was 'authorized by Board Minutes of
the Board of Directors of Helena Laboratories on the day
of , 1988, whereupon, Tipton Golias,
President was authorized to execute this agreement on behalf of
the Corporation.
12 . This shall constitute a valid and binding
agreement between the City and Helena Laboratories when executed
on behalf of said parties, for the abatement of City taxes in
accordance therewith, regardless of whether any other taxing unit
executes this Agreement.
The Agreement is performable in Jefferson County,
Texas, witness our hands this day of
1988.
CITY OF BEAUMONT
By:
Albert E. Haines
ATTEST: City Manager
Rosemarie Chiappetta
City Clerk
HELENA LABORATORIES
By:
Tipton Golias
ATTEST: President
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