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Ordinance No. 15,259 ORDINANCE NO. 15,259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT EXTENDING JSW STEEL (USA) INC.'S 2015- 2021 INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY OF BAYTOWN UNTIL APRIL 30, 2023; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager of the City of Baytown to execute an agreement extending JSW Steel (USA), Inc.'s 2015-2021 Industrial District Agreement with the City of Baytown until April 30, 2023. A copy of said agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 271h day of October, 2022. Alo����To� RANDON CAPETILL , Mayor A S21 1 A GELA`3-P4q1Q0W7City CIerk APPROVED A TO.FORM: SCOTT LEM ND, City Attorney RAKaren Anderson\ORDINANCES\2022\2022.I0.27UDAEx tens ionwith)SWSteel.docx EXHIBIT "A" CITY OF BAYTOWN CITY MANAGER'S OFFICE 2401 Market Street•P.O.Box 424 BAw TOWN Baytown,Texas 77522-04_4 (281)420-6500•(281)420-6586 Fax October 21, 2022 Mr. Sanjay Pipalia Vice President, Finance JSW Steel (USA) Inc. 5200 E. McKinney Road Baytown, TX 77523 RE: Extension of Industrial District Agreement for tax years 2015 through 2021 Dear Mr. Pipalia: As you discussed recently with City of Baytown Finance Director Victor Brownlees and City Attorney Scott Lemond, the City of Baytown is considering changes to its ordinances concerning Industrial District Agreements. As you point out, the current distinctions between logistics and non-logistics companies may not be appropriate for every business operating in or near the City. Given that any change to the ordinances may impact JSW Steel (USA) Inc. ("JSW"), the City proposes to extend the current (tax year 2015 through 2021) IDA between the City and JSW until April 30, 2023, or until such time as Baytown City Council passes a new IDA ordinance(s). The City proposes that the tax year 2015-2021 IDA shall be extended with the following modifications: 1. JSW's Industrial District Payment under paragraph V shall not be due until June 1, 2023, or until such time as Baytown City Council passes a new IDA ordinance, whichever comes first. 2. If City Council passes a new IDA ordinance, JSW shall have the option of, on or before May 1, 2023: a. entering into a tax year 2022 through 2028 IDA under the new business class defined by the ordinance,at which time JSW's tax year 2022 Industrial District Payment shall be due on June 1, 2023 (and for each tax year thereafter on December 31 of each year during the term of the Agreement); or b. entering into a tax year 2022 through 2028 IDA under its existing business classification, at which time JSW's tax year 2022 Industrial District Payment shall be due on June 1, 2023 (and for each tax year thereafter on December 31 of each year during the term of the Agreement); or C. informing the City Manager that JSW does not wish to enter into a tax year 2022 through 2028 IDA, at which time, JSW's tax year 2022 Industrial District Payment shall be due on June 1, 2023, and the City of Baytown shall immediately begin annexation proceedings. 3. If City Council does not pass a new IDA ordinance, JSW shall have the option of, on or before May 1, 2023: a. entering into a tax year 2022 through 2028 IDA under its existing business classification, at which time JSW's tax year 2022 Industrial District Payment shall be due on June 1, 2023 (and for each tax year thereafter on December 31 of each year during the term of the Agreement); or b. informing the City Manager that JSW does not wish to enter into a tax year 2022 through 2028 IDA, at which time, JSW's tax year 2022 Industrial District Payment shall be due on June 1, 2023, and the City of Baytown shall immediately begin annexation proceedings. If this extension is acceptable, please have an authorized person sign at the bottom and return to me at: City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Copy to: City of Baytown Attn: City Attorney P.O. Box 424 Baytown,TX 77522 Sincerely, Richard L. Davis City Manager cc: Victor Brownlees, Director of Finance Agreed to on this_day of October 2022: JSW STEEL (USA) INC. By: Printed Name Title STATE OF § COUNTY OF § Before me, the undersigned notary public, on this day personally appeared , the of JSW Steel (USA) Inc.,the owner of the affected property, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes, in the capacity, and for the consideration therein expressed. SUBSCRIBED AND SWORN before me this_day of 2022. Notary Public in and for the State of RAScottTontra Bt LU JSW 2023 R)A.doc.dmx