Ordinance No. 12,827ORDINANCE NO. 12,827
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST
AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT WITH
PURE SALT BAYTOWN, LLC, F /K/A TEXAS BRINE COMPANY
BAYTOWN, LLC; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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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 Acting City Manager and City Clerk of the City of Baytown to execute and attest
to the First Amendment to the Industrial District Agreement with Pure Salt Baytown, LLC, f/k/a
Texas Brine Company Baytown, LLC. A copy of said amendment 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
City of Baytown, this the 9th day of April, 2015.
AT T ST:
ETICIA BRYSCH, City &erk
APPROVED AS TO FORM:
vote of the City Council of the
H. DONCARLOS,
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ACIO RAMIREZ, SR., Ci y ttorney
RC +Karen'Ti1es\City Council +,Ordinances\20MApril 9' IDAwithClarkWestemDietrichBuildingSystemsLLC .doc
Exhibit "A"
First Amendment
to the Industrial District Agreement between
City of Baytown and
Pure Salt Baytown, LLC, f/k/a Texas Brine Company
Baytown, LLC
This First Amendment to the Industrial District Agreement (the "First Amendment ") is
made and entered into between the City of Baytown, Texas, a municipal corporation in Harris and
Chambers Counties, Texas ( "Baytown" or "City ") and Texas Brine Company Baytown, LLC,
which through a corporation reorganization is now Pure Salt Baytown, LLC ( "Property Owner "),
a Texas limited liability company ( "Property Owner "). The City and the Property Owner are
sometime jointly referred to herein as the "Parties."
RECITALS
WHEREAS the Parties entered into an Industrial District Agreement for tax years 2012
through 2018 (the "Agreement "); and
WHEREAS, the Base Year Value contained in the Agreement included the value of
property, which was not located in Baytown Industrial District No. 3; and
WHEREAS, the City and the Property Owner desire to adjust the Base Year Value
contained in the Agreement for tax years 2015, 2016, 2017 and 2018; and
WHEREAS, the City and the Property Owner have agreed to certain credits for tax years
2015, 2016, and 2017, as described hereinbelow;
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, City and Property Owner agree as follows:
Agreement. Except as expressly modified herein, all of the provisions of the Agreement
are being continued in full force and effect.
2. Definitions. Unless expressly modified by this First Amendment, words and phrases as
used in this First Amendment shall have the same meanings as in the Agreement.
Amendments. The City and the Property Owner agree as follows:
a. Commencing in tax year 2015, the term "Base Year Value" as defined in Article V
"Industrial District Payment," subsection (1) means TWENTY -SEVEN MILLION
SIX HUNDRED NINETY -FOUR THOUSAND SIX HUNDRED SIXTY AND
NO /100 DOLLARS ($27,694,660.00).
b. Commencing in tax year 2015 and continuing through tax year 2017, the Property
Owner shall receive a credit of TWENTY -FOUR THOUSAND SEVEN HUNDRED
NINETY -EIGHT AND 95/100 DOLLARS ($24,798.95) to its industrial district
First Amendment to IDA, Pagel
payment due the City of Baytown. Specifically, the Property Owner's Industrial
district payment for tax years 2015, 2016 and 2017 will calculated as follows
assuming the City's tax rate remains the same as its 2014 tax rate:
There will be no credit for tax year 2018.
4. Entire Agreement. The provisions of this First Amendment and the Agreement should be
read together and construed as one agreement provided that, in the event of any conflict
or inconsistency between the provisions of this First Amendment and the provisions of
the Agreement, the provisions of this First Amendment shall control.
5. Interpretation. This First Amendment has been jointly negotiated by the parties
hereunder and shall not be construed against a party hereunder because that party may
have assumed primary responsibility for the drafting of this Amendment.
6. Caption s. Captions contained in this First Amendment are for reference only and,
therefore, have no effect in construing the document. The captions are not restrictive of
the subject matter of any section.
7. No Waiver. By this First Amendment, the City does not consent to litigation or suit, and
the City hereby expressly revokes any consent to litigation that it may have granted by
the terms of this First Amendment, the Agreement or any other contract or agreement or
addenda, any charter, or applicable state law. Nothing contained in this First Amendment
or the Agreement shall be construed in any way to limit or to waive the City's sovereign
immunity.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in
multiple copies, each of which shall be deemed to be an original, but all of which shall constitute
but one and the same amendment, this day of , 2015, the date
of execution by the Acting City Manager.
CITY OF BAYTOWN
By:
RON BOTTOMS, Acting City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
First Amendment to IDA, Paget
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
PURE SALT BAYTOWN, LLC, f /k/a
TEXAS BRINE COMPANY
BAYTOWN, LLC
By:
Signature)
(Printed Name)/
P�! B
(Title)
ATTEST:
(S gnatu it- e)
(Printed Name
Se-cXc-f&r q
(Title) �J
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