HomeMy WebLinkAboutRES 95-290 f
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Supplement to the
In Lieu Agreement with Mobil Oil Corporation executed on January 20, 1995. The
Supplement to In Lieu Agreement is attached hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the. day
of , 1995.
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SUPPLEMENT TO IN LIEU AGREEMENT
WITH MOBIL OIL CORPORATION
WHEREAS, the City of Beaumont, a home-rule city of the State of Texas,
(herein referred to as "CITY"), and Mobil Oil Corporation, a New York corporation (herein
referred to as "MOBIL"), entered into a certain agreement under the authority of Section
42.044 of the Texas Local Government Code on January 20, 1995. The parties desire to
supplement that agreement.
WHEREAS, MOBIL has caused a foreign trade zone subzone grant to be
applied for, and
WHEREAS, said subzone, if granted, will be a part of the U.S. Foreign Trade
Zone No. 115 at U.S. Custom's Port of Entry in Beaumont, Jefferson County, Texas, and
WHEREAS, MOBIL will enter into a grantee/subzone operator agreement
with the grantee of U.S. Foreign Trade Zone No. 115, the Foreign Trade Zone of
Southeast Texas, Inc., and
WHEREAS, CITY supports and has supported MOBIL undertakings to
expand its facilities in Jefferson County, Texas, and
WHEREAS, payments made by MOBIL under the agreement described
above (herein referred to as "In Lieu Agreement") are based upon the annual evaluation
of MOBIL properties as determined by the Jefferson County Appraisal District, and
WHEREAS, CITY and MOBIL both seek certainty in their relations and would
like to avoid confusion, uncertainty and delay in the In Lieu Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein and in the In Lieu Agreement, the parties agree to amend the In Lieu Agreement
to add two provisions to read as follows:
1. MOBIL and CITY agree that for purposes of computing MOBIL payments under the
In Lieu Agreement, such computation will be without regard to any exemption from
ad valorem taxes which might otherwise apply under the terms of the Foreign Trade
Zone Act, 19 U.S.C. §81 o(e). In other words, the term "Assessed Value," as used
and defined in the In Lieu Agreement, shall be determined without regard to any
exemption which might otherwise apply under the terms of the Foreign Trade Zone
Act, 19 U.S.C. §81o(e).
2. This Agreement shall be construed under the laws of the State of Texas.
EXHIBIT "A"
IN WITNESS HEREOF, this Agreement is executed in duplicate counterparts as of
this day of , 1995.
CITY OF BEAUMONT, TEXAS MOBIL OIL CORPORATION
By: By:
Ray Riley
City Manager Title:
ATTEST: ATTEST:
By: By:
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