CC Resolution No. 2332RESOLUTION NO. 2332
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
NOMINATING BAYER MATERIALSCIENCE LLC, TO THE OFFICE OF THE
GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM THROUGH THE
ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED
BUSINESS AND A TRIPLE JUMBO ENTERPRISE PROJECT UNDER THE TEXAS
ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT,
CHAPTER 2303, TEXAS GOVERNMENT CODE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown (the "City ") has previously passed Ordinance No. 11,105
electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this
resolution are the same on this date as were outlined in Ordinance No. 11,105; and
WHEREAS, the Office of the Governor, Economic Development and Tourism through the Texas
Economic Development Bank will consider Bayer MaterialScience LLC, as a triple jumbo enterprise
project pursuant to a nomination and an application made by the City; and
WHEREAS, the incentives listed in Paragraphs A and C of Exhibit "A" of Ordinance 11,105 are
or will be made available for Bayer MaterialScience LLC, as a nominated triple jumbo project; and
WHEREAS, the City desires to pursue the creation of the proper economic and social
environment in order to induce the investment of private resources in productive business enterprises
located in the City and to provide employment to residents of enterprise zones and to other economically
disadvantaged individuals; and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas
Government Code (the "Act "), Bayer MaterialScience LLC, has applied to the City for designation as an
enterprise project; and
WHEREAS, the City finds that Bayer MaterialScience LLC, meets the criteria for designation as
an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds:
1. Bayer MaterialScience LLC, is a "qualified business" under Section 2303.402 of the Act
since it will be engaged in the active conduct of a trade or business at a qualified business
site located outside an enterprise zone and at least thirty -five percent (35.0 %) of the
business's new employees will be residents of an enterprise zone or economically
disadvantaged individuals;
2. There has been and will continue to be a high level of cooperation between public,
private, and neighborhood entities within the area; and
The designation of Bayer MaterialScience LLC, as an enterprise project will contribute
significantly to the achievement of the plans of the City for development and
revitalization of the area; and
WHEREAS, the City finds that Bayer MaterialScience LLC, meets the criteria for tax relief and
other incentives adopted by the City and nominates Bayer MaterialScience LLC, for triple jumbo
enterprise project status on the grounds that it will be located at the qualified business site, will create a
higher level of employment, economic activity and stability; and
WHEREAS, the City finds that it is in the best interest of the City to nominate Bayer
MaterialScience LLC, as a triple jumbo enterprise project pursuant to the Act; NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the findings of the City and its actions approving this resolution taken at the
council meeting are hereby approved and adopted.
Section 2: That Bayer MaterialScience LLC, is a "qualified business," as defined in Section
2303.402 of the Act, and meets the criteria for designation as a triple jumbo enterprise project, as set forth
in Section 2303, Subchapter F of the Act.
Section 3: That the enterprise project shall take effect on the date of designation of the enterprise
project by the agency and terminate on December 1, 2019.
Section 4: All resolutions or parts of resolutions inconsistent with the terms of this
resolution are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this resolution shall be cumulative of other resolutions regulating
and governing the subject matter covered by this resolution.
Section 5: This resolution 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 voA he City Council of the City of
Baytown this the 17th day of November, 2014. 14
LETICIA BRYS&9, City
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Cit A tomey
DONCARLOS, Mayor
II COBFSOI +,LegallKarenlFilestCity Council iResolutions\2014'.November 17\EnterpriseZoneNominatingResolution .doc
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NACIO RAMIREZ, SR., Cit A tomey
DONCARLOS, Mayor
II COBFSOI +,LegallKarenlFilestCity Council iResolutions\2014'.November 17\EnterpriseZoneNominatingResolution .doc