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HomeMy WebLinkAboutPR 19633: IDA OXBOW CALCINING, LLC P. R. NO. 19633 12/08/16 gt RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND OXBOW CALCINING, LLC WHEREAS, on April 29, 2014, the City Council adopted Resolution No. 14-200 authorizing a First Amendment to the Industrial District Agreement with Oxbow Calcining, LLC, which will expire on December 31, 2016; and WHEREAS, the City Council of the City of Port Arthur deems it in the best interests of the citizens of Port Arthur to enter into a Second Amendment to the Industrial District Agreement with Oxbow Calcining, LLC, pursuant to Sections 42.044 and 212.172 of the Texas Local Government Code, and Article 1, Sections 5 and 6, of the City's Charter. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the City Manager to execute a Second Amendment to the Industrial District Agreement with Oxbow Calcining, LLC, in substantially the same form as attached hereto as Exhibit "A". Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. s.pr19633 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That City Council hereby authorizes the execution of a Second Amendment to the industrial district agreement with Oxbow Calcining, LLC, in substantially the same form as Exhibit "A" attached hereto. Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of , 2016 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: , Councilmembers: , NOES: . Derrick Freeman, Mayor s.pr19633 ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: VC(SL- )2.pUf Valecia R. Tizeno, City A orney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager s.pr19633 Exhibit "A" s.pr19633 STATE OF TEXAS § COUNTY OF JEFFERSON § SECOND AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT WITH OXBOW CALCINING, L.L.C . This Second Amendment ("Amendment") to the Industrial District Agreement entered into by and between the City of Port Arthur, Texas (the "City") and Oxbow Calcining, L.L.C. (hereinafter referred to as "Property Owner") . The City and Property Owner are each hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties . " Capitalized terms used herein and not otherwise defined herein shall have the respective meanings ascribed to such terms in the Agreement (as hereinafter defined) , unless otherwise stated. RECITALS WHEREAS, the City and the Property Owner are parties to that certain Industrial District Agreement entered into effective as of January 1, 2014 (the "Agreement") , which expires on December 31, 2016; and WHEREAS, the Parties desire to amend the Agreement to extend the term of the Agreement for one (1) additional year, and as a result of such extension, the Agreement will expire on December 30, 2017; and s.second amendment oxbow WHEREAS, parties further agree to amend Sections 5, 6, 12, 20, 30 of the Agreement signed on May 1, 2014 (First Amended Agreement) pursuant to City Council Resolution No. 14-200 . The parties further agree to amend certain provisions of the Agreement as it relates to Roundtable Meetings and Workgroups designated to address the hiring of Port Arthur residents and the utilization of Port Arthur businesses . AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual undertakings contained herein, the Parties hereby amend the Agreement as follows: A. Term of the Agreement: The parties agree to amend the Agreement for one ( 1) additional year, and as a result of such extension, the Agreement will expire on December 30, 2017. Therefore, Sections 6, 10, 12, 20 of the Agreement is amended to delete all references in the current agreement relating to an expiration date of "2016" to reflect an expiration date of "2017 . " Therefore, Section 30 of the Agreement is hereby amended to read in its entirety as follows: "This Agreement is effective the 1st day of January, 2014, and shall expire on the 30th day of December, 2017. " s.second amendment_oxbow B. Employment Roundtable Program : In Section 5 of the current agreement, the Property Owner, together with the City' s staff, agreed to participate in a "Quarterly Employment Roundtable Program" facilitated by the City. The Parties agree that all provisions relating to "Quarterly Employment Roundtable Program" be amended to state "Monthly Employment Roundtable Program. " The Parties also agree that the program will now consist of two designated workgroups . Therefore, paragraph 6 of Section 5 of the Agreement is hereby amended to read in its entirety as follows: "The Property Owner, together with the City' s staff, will also participate in a Monthly Employment Roundtable Program facilitated by the City. The goal of the Monthly Employment Roundtable Program is to address employment and training issues that are essential to the hiring of Port Arthur residents as employees of the Property Owner and it' s Nested Contractors (as hereinafter defined) . The Monthly Employment Roundtable Program will also address issues related to improving the workforce within the City to meet the needs of industry. The program will consist of two designated workgroups that will meet with City representatives on a monthly basis as part of the advisory process to implement the goals and objectives of the City as it relates to the hiring process and the advancement s.second amendment_oxbow of the goals of the PABE program. The first group will consist of "Plant Managers" and the second group will consist of "Human Resources and Procurement Staff" . Additionally, the Property Owner agrees to designate specific staff members to represent the Property Owner to partake in the program. IN WITNESS WHEREOF, each of the Parties has executed this Amendment on the date indicated above its signature line below. [SIGNATURE PAGES FOLLOW] s.second amendment oxbow SIGNED AND AGREED to on the day of , 2016. OXBOW CALCINING, L.L.C. BY: PRINT NAME: TITLE: ACKNOWLEDGMENT STATE OF § § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared , known to me to be the person whose name is ascribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Oxbow Calcining, L.L.C. for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of , A. D. , 2016. NOTARY PUBLIC, STATE OF TEXAS PRINT NAME: COMMISSION EXPIRES : s.second amendment oxbow SIGNED AND AGREED to on the day of , 2016. CITY OF PORT ARTHUR, TEXAS BY: Brian McDougal, City Manager ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Brian McDougal, City Manager of the City of Port Arthur, known to me to be the person whose name is ascribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Port Arthur, for the purposes and considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of , A. D. , 2016. NOTARY PUBLIC, STATE OF TEXAS PRINT NAME: COMMISSION EXPIRES : APPROVED AS TO FORM AND SUBSTANCE: Valecia R. Tizeno, City Attorney s.second amendment oxbow