HomeMy WebLinkAboutPR 20059: IDA OXBOW CALCINING, LLC P. R. NO. 20059
12/20/17 gt
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 17-358 AS IT
PERTAINS TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN
THE CITY OF PORT ARTHUR AND OXBOW CALCINING, LLC
WHEREAS, on December 19, 2017, the City Council adopted Resolution No. 17-
358 authorizing an Industrial District Agreement with Oxbow Calcining, LLC, which will
expire on December 30, 2017 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 Third 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 Resolution No. 17-358 is hereby amended to authorize the
Interim City Manager to execute a Third 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.pr20059
READ, ADOPTED, AND APPROVED, this day of December, 2017 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 Ford Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
VD.1
Valecia R. TizenoXity Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
s.pr20059
Exhibit "A"
s.pr20059
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
THIRD AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT
WITH OXBOW CALCINING, L.L.C.
This Third 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 30, 2017 (per the Second Amended Agreement) ; 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, 2018; and
s.ida oxbow third amendment
WHEREAS, parties further agree to amend Sections 5, 6, 12,
20, 30 of the Agreement signed on December 8, 2016 (Second
Amended Agreement) pursuant to City Council Resolution No. 16-
334 .
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, 2018.
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 "2017" to reflect an
expiration date of "2018 . "
It is the intention of the parties to finalize negotiations
toward a ten (10) year Industrial District Agreement within a
thirty (3 0) day period.
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, 2018 ,
and shall expire on the 30th day of December, 2018. "
S.ida oxbow third amendment
IN WITNESS WHEREOF, each of the Parties has executed this
Amendment on the date indicated above its signature line below.
SIGNED AND AGREED to on the day of , 2017 .
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. , 2017.
NOTARY PUBLIC, STATE OF TEXAS
PRINT NAME:
COMMISSION EXPIRES:
$.ida oxbow third amendment
SIGNED AND AGREED to on the _ day of , 2017 .
CITY OF PORT ARTHUR, TEXAS
BY:
Harvey Robinson
Interim City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally
appeared Harvey Robinson, Interim 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. , 2017 .
NOTARY PUBLIC, STATE OF TEXAS
PRINT NAME:
COMMISSION EXPIRES:
APPROVED AS TO FORM AND SUBSTANCE:
Valecia R. Tizeno, City Attorney
s.ida oxbow third amendment