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2001-306 ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THAT CERTAIN TAX ABATEMENT AGREEMENT WITH UNITED COPPER INDUS- TRIES, 1NC WHICH ELIMINATES THE MINIMUM EMPLOYMENT AND ANNUAL PAYROLL THRESHOLDS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, by Ordinance No 98-247 passed on August 18, 1998, the City Council au- thorized the Mayor to enter into a Tax Abatement Agreement with United Copper Industnas, In¢ provlchng a 25% tax abatement on all increases in real property values as set forth in the Tax Abatement Agreement for a period of SlX years, and WHEREAS, the Section of V(B) of thc Agrccment provides that if United Copper Indus- tries, In¢ (Owner) allows the core employment, within thc terms of this Agreement, to fall below 130, or thc Owner fails to reach at least a payroll of $4,420,000 for any of the SlX years of the abatement, the abatement will be reduced to zero, and WHEREAS, that in order to promote economic development and to stimulate business and commercial activity, the City Council deems it in thc public interest to chmlnat¢ thc em- ployment and annual payroll tkresholds m&¢ated above, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That thc Mayor, or in her absence thc Mayor Pro Tern, is hereby authorized to execute an amendment to that certain Tax Abatement Agrccmcnt between thc City and United Copper, In¢ to ehmlnat¢ the above-mentioned annual payroll and employment thresholds con- tained in Section V(B) of thc Agreement in substantially the form of thc Amendment which is attached hereto and made a part of this ordinance for all purposes SECTION 2 That this ordinance shall become effective lmm¢&ately upon its passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 STATE OF TEXAS § FIRST AMENDMENT TO TAX ABATEMENT COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF CITY OF DENTON § DENTON AND UNITED COPPER INDUSTRIES, INC This Farst Amendment to that certain Tax Abatement Agreement between the C~ty of Denton, Texas, and Umted Copper Industries, Inc, entered into on or about the 18th day of Au- gust, 1998, (hereinafter referred to as Basic Agreement) is entered into by and between the C~ty of Denton (the "City"), duly acting here and by and through its Mayor, and United Copper Indus- tries, Inc, a Texas corporation (the "Owner"), duly authorized and ~n good standing to do busi- ness an the State of Texas, duly actang herean by and through ars authorized officers That ~n order to promote local economic development, retain ex~stIng businesses, and to stimulate busaness and commercial actavity in Denton and for other good and valuable consldera- taons, the receipt and sufficaency of wbach ~s hereby acknowledged, the City and Owner agree to amend the Base Agreement as follows SECTION 1 That Section V(B) of the Base Agreement ~s hereby amended to read as follows B If, however, the Owner fails to construct any structures or other improve- ments, or falls to ~nstall any eqmpment or other tangible personal property within the Premises by January 31, 1999, ffthe Owner finis to employ at least 130 jobs by July 31, 1999, if the value of all improvements falls below the current minimum $5,000,000 threshold for any of the six years of abatement, which causes the amount of Abatement to be reduced to zero, or Owner finis to execute the contract with the City to provide electric sorvace or falls to maintain performance of ars contractual obligations for the full period of the contract, then th~s Agreement may be terminated by the Caty In this event, Owner shall refund to the Caty all tax abatements prewously granted and received under this Agreement w~th interest on the amount to be refunded at six percent (6%) per annum Addmonally, as set forth an Section I(A), failure to construct and place Contemplated Improvements on the Premises that have a value of at least $35,000,000 by January 31, 2001, shall cause the term of the abatement to be reduced ~n accordance w~th the Caty's Tax Abatement Policy SECTION 2 That save and except as amended hereby, all the remaining sections, sub- sections, sentences, clauses, and phrases of the Base Agreement shall remain in full force and effect v.~y_ SECTION 3~ That thas Amendment to the Base Agreement was executed on this the ~ ] J day of/~/g,,~, 2001 by duly authorized officials of the City of Denton and by Umted Copper ~dustnes, Inc CITY OF DENTON, TEXAS EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY UNITED COPPER INDUSTRIES, INC A TEX/~ ORATION Title ¢c.'.3 ~-~'/-~'(~9 ATTEST BY g ~~~ Page 2 STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, a Notary Public in and for smd State of Texas, on this day p~rsonally appeared Euhne Brock, Mayor for the City of Denton, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this in- strument was executed for the purposes and consideration thereto expressed Cnven under my hand and seal of office this the 6~/~day of ,2001 My Commission Ex,res No~u'y Pubhc m and for the June 21, 2006 State of Texas STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, a Notary Pubhc in and for smd State of Texas, on this day personally appeared ¢ O,,w~t~ ~. ,~ ~ , on behalf of Umted Copper Indus- tries, Inc, known to me to be the c ~o ,~7v6~ t-off ~.- of Umted Copper Indusmes, Inc ~d to be ~e person who s~ed ~d executed the foregoing lns~ment, ~d ~owledged to me · at ~s ms~ent w~ executed for the p~oses ~d consideration therein expressed Glven ~d~ my h -.~ ~ '.. 'day of ~ ~S ~ ,2001 ~ ~ STATEOFTEXA8., State of Texas Co .lon xplr, Page 3