Res 180-97 12/2/1997t
RESOLUTION NO. 3'�'D -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDED TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF
WICHITA FALLS, CUSTOM METAL SERVICES, INC., AND BANC ONE
LEASING CORPORATION; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPENED TO THE PUBLIC AS REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS:
Section 1. That the Mayor be and is hereby authorized to execute an amended
Tax Abatement Agreement with Custom Metal Services, Inc. and Banc One Leasing
Corporation in accordance with the terms and conditions of said agreement, attached
hereto and made a part hereof for all purposes.
Section 2. It is hereby found and determined that the meeting at which this
resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 2nd day of December, 1997.
ATTEST:
l t
City Clerk
AMENDED TAX ABATEMENT AGREEMENT
BETWEEN THE CITY OF WICHITA FALLS, TEXAS, WICHITA
COUNTY, TEXAS AND CUSTOM METAL SERVICES, INC.
This Amended Tax Abatement Agreement (this "Agreement ") is
entered into by and between the City of Wichita Falls, Texas (the
"City "), a home rule city and municipal corporation of Wichita
County, Texas, duly acting herein by and through its Mayor;
Wichita County, Texas (the "County "), duly acting herein by and
through its County Judge; Custom Metal Services, Inc. (the "Owner ")
acting by and through its duly authorized officers and Banc One
Leasing Corporation ( "Banc One ") acting by and through its duly
authorized officers.
WHEREAS, the City, County and the Owner have entered into a
Tax Abatement Agreement dated March 18, 1997, which has been filed
of record in Volume 1923, Page 376 of the Official Public Records
of Wichita County, Texas;
WHEREAS, in connection with the improvements described in such
Tax Abatement Agreement, the Owner has entered into a Master Lease
Agreement (the "Lease ") with Banc One which provides for the
leasing of equipment.
WHEREAS, under the Lease the Owner is to pay all taxes for
equipment which is leased;
WHEREAS, a question has arisen as to whether the equipment
which has been leased and which will be leased in the future would
qualify under the Tax Abatement Agreement since, technically, Banc
One is and will be the owner of such equipment and the Owner,
Custom Metal Services, Inc., is the Lessee of such equipment;
WHEREAS, the above described question can be avoided by
including Banc One as a party to the Tax Abatement Agreement; and
WHEREAS, all of the parties are in agreement with including
Banc One as a party to the Tax Abatement Agreement.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That the parties hereto, for good and valuable consideration,
the adequacy and receipt of which are hereby acknowledged, do
hereby contract, covenant and agree as follows:
1. The Tax Abatement Agreement is hereby amended to include
Banc One as an additional party in the capacity as the owner of the
equipment included under the Lease. It is recognized that the
Lease is intended to cover additional equipment as such is needed
7: \RW \CUSTOMME \TAXASAT.2AG 1
to complete the improvements provided for under the Tax Abatement
Agreement. As such equipment is acquired it shall be automatically
covered by the Tax Abatement Agreement.
2. It is recognized that while Banc One is becoming a party
to the Tax Abatement Agreement, such fact shall not in any way
amend the Lease and the Owner, Custom Metal Services, Inc., shall
remain obligated to make the actual payment of the taxes owed on
the equipment. However, the benefits of the Tax Abatement
Agreement shall flow through to Custom Metal Services, Inc. from
Banc One. Such benefits shall remain only as long as the leased
equipment remains in the possession and use of Custom Metal
Services, Inc., during the term of this Agreement.
3. This Amended Tax Abatement Agreement was authorized by
resolution of the City Council approved at its council meeting on
December 2, 1997 authorizing the Mayor to execute this Agreement on
behalf of the City.
4. This Amended Tax Abatement Agreement was authorized by an
order of the Commissioners Court adopted at its meeting on Dec.
8 1997 authorizing the County Judge to execute this
Agreement on behalf of the County.
5. This Amended -Tax Abatement Agreement was entered into by
the Owner acting through one or more duly authorized officers of
the Owner.
6. This Amended Tax Abatement Agreement was entered into by
Banc One acting through one or more dul
Banc One. y authorized officers of
ATTEST:
Lydia Torres, City C1 rk
APPROVED AS TO FORM:
Greg4 L.Humbach, City
Attorney
D: \Rid \CUST0MMS \TAXABAT,2AG 2
CITY OF WICHITA FALLS, TEXAS
Y• L
L
/ay Yeage , Mayo
ATTEST:
r o ht lerk
Wichita County, Texas
By:
Name • 4AbY2 0. LuF'G
Deputy:. /GF
ATTEST:
By:
Name•
Tit 1 e • G.Qd9.vjili✓
ATTEST:
Name:
1C.�
_ �f 1
Title:_(j!t.t tai,
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WICHITA COUNTY, TEXAS
By:
Nick Gipson, County Judge
CUST04 METALASERVICES
By: --L-'
Name:
Title:
BANC ONE LEASING CORPORATION
Name:
�
Title
THE STATE OF TEXAS S
COUNTY OF WICHITA S
BEFORE ME, the undersigned authorit
for the State of Texas, on this da y' a notary public in and
Mayor of the City of Wichita Falls, Texas ,laalmunicipaldcorporatiion,
known to me to be the person and officer whose name is subscribed
to the foregoing instrument and acknowledged to me that the same
was the act of the said City of Wichita Falls, Texas, a municipal
corporation, that she was duly authorized to perform the same by
appropriate resolution of the City Council of the City of Wichita
Falls, and that she executed the same as the act of the said City
for the purpose and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day o f
1997. 3 G
NOTARx ..P ,
LINDA MERRILL
..* Notary Pudic. S ?ate of ?e
r .. g = My Commisa m Expi:as 12.22-
C;: SF.tr MvV
�.^ �I RP, �' �PJ�iMd41h1�0 /11�eR ^�•%•'r'�n"a+Lfp��l °�
THE STATE OF TEXAS S
COUNTY OF WICHITA S
i<
Notary Public, State of Texas
BEFORE ME, the undersigned authorit
for the State of Texas, on this da y' a notary public in and
Gipson, County Judge, Wichita County, personally appeared Nick
person and officer whose name is� subscribed tot the me to be the
foregoing
instrument and acknowledged to me that the same was the act of the
said County of Wichita, Texas, that he was duly authorized to
perform the same by appropriate resolution of the Commissioners'
Court of Wichita County, Texas, and that he executed the same as
the act of the said county for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
1997. - day of
NOTARY PUBLIC'S SEAL:
�� s QERALDINE BAKER
= "s i*' MY COA�iIISSION EXPIRES
• ; � ;, 7• December 9, 2000
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Notary
ary Public, State of Texas
THE STATE OF TEXAS S
COUNTY OF WICHITA S
BEFORE ME, the dersigned authority,
fo tee State of Tex s) a notary public' ' n ark
on thi ".day personally appeared
• ! 3� c. of Custom Metal Services I
a Texas corporation, known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to
me that the same was the act of the said corporation, and that he
executed the same as the act of said corporation for the purpose
and consideration therein expressed and
stated. in the capacity therein
GIVtN UNDER MY HAND AND
�°Cxr.t `E, 1997.
NOTARY PUBLIC'S SEAL:
o,.•• SANDRA EFELI NOTARY STATE OF My Comm. EXP
THE STATE OF _QJo ,L S
COUNTY OF §
_ S
SEAL OF OFFICE this 1� � ,L
_ day of
Notary Public, State of Texas
BEFORE ME, the undersigned authority,
fob the State of Texas, on this da a notary public n and
s personalk appe red
Leasing Corporation,
being nng the ,l
� of Banc One
be the person and officer whose name is co subscribed po e n' known to me to to the f in
instrument and acknowledged to me that the same as the actrof othe
said Banc One Leasing Corporation and that he executed the same as
the act of said corporation for the purpose
therein expressed and in the c and consideration
apacity therein stated.
GIVEN UNDER MY HAND 110D SEAL OF OFFICE this
199 day of
NOTARY PUBLIC'S SEAL:
Notary Public, S ate of
CHRISTOPHER D, TRAIL . Attorney At Law
NOTARY PUS !!C ST „: c JF ,�i110
my commission nas qQ expiration data
D: \RW \CUST0HXE \TAXABAT.2Aj 5 Section 141.03 R.C.
I
LAW OFFICES
TATE, GOWAN & WILSON, PLLC
HAMILTON 13UILDING
900 EIGHTH STREET, SUITE 1020
WICHITA FALLS, TEXAS 78301.8888
TELEPHONE (940) 322 -5218
FAX (940) 788 -2408
October 13, 1997
Gregory D. Humbach
Attorney at Law
City of Wichita Falls
1300 7th Street
Wichita Falls, Texas 76301
Re: Custom
Metal Services, Inc, - Tax Abatement Agreement
Dear Greg: g ement
Ken Hines has requested that
in connection with I assist
Abatement a 9ue3tion that has Custom Metal Services
County, Agreement with the City of ayaichita' Inc'
Falls concerning their Tax
and Wichita
Basically, Dan Conatser of the
has raised the q Wichita
Metal Services question as to whether County Appraisal District
would qualify Inc. I the easing from Banche equipment which Custom
Position that under Tax Abatement One Leasing Corporation,
Tax Abatement such leased a Agreement.
Agreement, qulPment should be It was Ken's
authority directly on However, I was included under the
point. Therefore, to find
The safest ' the Question any
way to proceed remains.
Leasing Corporation °n this matter is been told me that this arty to the Tax Abatement o make Banc One
Gipson ld me approved at the Maor, approach a had been discussed before Ken
and Banc One Leasing, Y Yeager, the Count fore and had
I have Y Judge, Nick
discussed this matter a
indicated that his reservations with
amendment. Dan Conatser
would be eliminated
Therefore, I have
Amendment to the Taxrepared in very with this Abatement Agreement. Y rough
letter. I would appreciate your
I am forwarding a copy
to Bank One and to Ban
comments also.
draft form
That draft
comments on
of the proposed .Amendment
Banc
D, 1 RW,CV8T0""E\"18ACR.LTR
One Leasing Corporation
and he has
by such an
a Proposed
is enclosed
the same.
to Dan Conatser,
requesting their
I will be out of town until October 24, 1997. Upon my return,
hopefully, we can come up with a final document for submission to
the City and County.
I look forward to working with you on this matter.
Sincerely yours,
TATE, G N & WILSON, PLLC
BY:
Rob Wilson
RW:kg
Enc.
cc: Dan Conatser
Wichita County Appraisal District
600 Scott Street, 3rd Floor
Wichita Falls, Texas 76301
Mr. Tom Schurr
Banc One Leasing Corporation
1111 Polaris Parkway
Columbus, Ohio 43240
Dale Brock
Vice - President
Bank One, Texas, N.A.
4245 Kemp
Wichita Falls, Texas 76308
Richard Grant
Custom Metal Services, Inc.
2450 Burkburnett Road
Wichita Falls, Texas 76304
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